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PC20-495 RESOLUTION NO. PC 20-______ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA RECOMMENDING CITY COUNCIL CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT FOR MENIFEE NORTH SPECIFIC PLAN AMENDMENT NO. 3, PALOMAR CROSSINGS, MAKING CERTAIN FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM Whereas, on June 7, 2010, the applicant, Gary Hamro, filed a formal application with the City of Menifee for the approval of Specific Plan Amendment No. 2010-090, which is the Amendment No. 3 to Specific Plan No. 260 (“Menifee North Specific Plan”) (“Project” or “Palomar Crossings Project”) on property as identified as APNs 329-090- 025, 329-090-026, 329-090-069, 329-090-070, 329-090-071, 329-090-072, 329-100- 025, 329-100-026, 329-100-027, 329-100-030, 329-100-031, 329-100-033, and 329- 100-034; and Whereas, the Specific Plan Amendment will amend the Menifee North Specific Plan No. 2010-090 by modifications to Planning Areas 11, 12, 13 and 14 of the Menifee North Specific Plan. Proposed changes for these planning areas include the realignment of boundaries and acreages, the re-classification of land use designations for Planning Areas 11, 12 and 13, the establishment of development standards and allowable land uses within Planning Areas 11, 12, and 13 and the establishment of new architectural design guidelines for residential and commercial development; and Whereas, on February 26, 2019, the City of Menifee publicly noticed its decision to prepare an environmental impact report (EIR) for the Project by noticing the State Clearinghouse, related agencies, other government agencies and surrounding property owners within a 600-foot radius from the Project site boundaries; and Whereas, on March 11, 2019, the City of Menifee held a duly noticed public scoping meeting regarding the preparation of the EIR to discuss and hear from the public on the potential environmental impacts, which meeting was publicly noticed by a publication in a newspaper of general circulation, an agenda posting, notice to surrounding property owners within a 600-foot radius from the Project site boundaries; and Whereas, between December 3, 2019 and January 21, 2020, the State- mandated forty-five (45)-day public review period for the “Palomar Crossings Project” Draft Project EIR (“Draft Project EIR”) (State Clearinghouse No. 2019029123) took effect, which was publicly noticed by a publication in a newspaper of general circulation, notice to owners within 600 feet of the Project site, related agencies and government agencies, and other interested parties, copies of the Draft Project EIR sent to the State Clearinghouse, a copy placed at the City Hall public counter and a copy placed at the Paloma Valley library and Sun City Library; and Whereas, such comments and testimony were responded to through Response to Comments as part of the Final Project EIR (“Final Project EIR”) and the Response to Comments were distributed to all public agencies and interested parties that submitted comments on the Draft Project EIR at least 10 days prior to certification of the Final Project EIR in accordance with CEQA Section 15088; and DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D 495 Menifee North Specific Plan Amendment No. 3 Palomar Crossings EIR May 13, 2020 Whereas, no evidence of new significant impacts, as defined by CEQA Guidelines Section 15088.5, have been received by the City after circulation of the Draft Project EIR which would require re-circulation; and Whereas, the Draft Project EIR for the Palomar Crossings Project, dated December 2019, and Final Project EIR for the Palomar Crossings Project, dated April 2020 provides an assessment of the environmental impacts associated with the Palomar Crossings Project and has been prepared in accordance with the California Environmental Quality Act, Public Resources Code Section 21000 et seq. (“CEQA”), and State regulations in Title 14 of the California Code of Regulations, Section 15000 et seq. (“CEQA Guidelines”); and Whereas, on May 13, 2020, the Planning Commission of the City of Menifee held a public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for the Palomar Crossings Project, including the consideration of the Final Project EIR, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, onsite posting, and notice to property owners within 600 feet of the Project boundaries, and to persons requesting public notice; and Whereas, the Planning Commission of the City of Menifee has read and considered all environmental documentation comprising the Final Project EIR, has found in its independent judgment that the Final Project EIR discloses, considers, and analyzes all potentially significant environmental impacts of the proposed project and is complete and adequate, and fully complies with all requirements of CEQA; and Whereas, it is the policy of the State of California and the City of Menifee, in accordance with CEQA and the CEQA Guidelines, that the City shall not approve a project that has significant effects on the environment unless there is no feasible way to lessen or avoid the significant effects and that the benefits of approving the project outweigh the unavoidable significant impacts, such that the impacts are acceptable based on CEQA Guideline Section 15093; and Whereas, the CEQA Guidelines provide that no public agency shall approve or carry out a project for which an EIR has been completed and which identifies one or more significant effects of the project unless the public agency makes written findings for each of the significant effects, accompanied by a statement of facts supporting each finding; and Whereas, the Planning Commission has reviewed the attached CEQA Findings of Fact, as well as the Statement of Overriding Considerations attached; and Whereas, prior to recommending action on the Project, the Planning Commision has considered all significant impacts, mitigation measures, and project alternatives identified in the EIR, and has found that all potentially significant impacts on the Project have been lessened or avoided to the extent feasible; and Whereas, pursuant to CEQA Guideline Section 15093(b), the City must state in writing the reasons to support its action based on the Final Project EIR and/or other information in the record. NOW, THEREFORE, the Planning Commission of the City of Menifee resolves DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Menifee North Specific Plan Amendment No. 3 Palomar Crossings EIR May 13, 2020 as follows: 1. Recitals. The Recitals above are true and correct, based on substantial evidence in the record including the Final Project EIR, and incorporated herein by this reference. 2. Final Project EIR. The Planning Commission hereby confirms that the Final Project EIR, as certified by this Resolution, is composed of the following: a. Final Project EIR (dated April 2020) i. Introduction ii. Comments and Responses iii. Errata for Final Project EIR iv. Final Project EIR Appendices which includes the Draft EIR and Draft EIR Appendices, Revised Menifee North Specific Plan Amendment No. 3, and Comment Letter from Mitchell Tsai v. CEQA Findings of Fact vi. Statement of Overriding Considerations vii. Mitigation Monitoring and Reporting Program 3. Certification of EIR. Based on its review and consideration of the Final Project EIR and all written communications and oral testimony regarding the proposed project which have been submitted to, and received by, the City, and all other substantial evidence in the administrative record, the Planning Commission recommends the City Council certify that the Final Project EIR has been completed in compliance with CEQA and the State and local CEQA Guidelines. The Planning Commission recommends the City Council finds that the Final Project EIR reflects the City Council’s independent judgment and analysis as lead agency under CEQA, and adopt and certify the Final Project EIR as complete and adequate. The Planning Commission recommends the City Council further certify that the Final Project EIR was presented to the City Council and that the City Council reviewed and considered the information contained in it prior to approving the Palomar Crossings Project. 4. CEQA Findings of Fact and Statement of Overriding Considerations. The Planning Commission recommends the City Council adopt the CEQA Findings of Fact and the Statement of Overriding Considerations attached as “Exhibit A,” which exhibit is incorporated herein as though set forth in full. 5. Significant Impacts. The significant impacts of the Palomar Crossings Project under the category of Air Quality and Transporation/Traffic have not been reduced to a level of insignificance. The Planning Commission recommends the City Council finds that the significant unavoidable adverse impacts of the Palomar Crossings Project are clearly outweighed by the economic, social and other benefits of the Palomar Crossings Project, as set forth in the Findings of Fact and Statement of Overriding Considerations. 6. Alternatives. The Final Project EIR has described reasonable alternatives to the Palomar Crossings Project that could feasibly obtain the basic objectives of the Project, even when those alternatives might impede the attainment of Palomar Crossings Project objectives and might be more costly. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Menifee North Specific Plan Amendment No. 3 Palomar Crossings EIR May 13, 2020 7. Good Faith. A good faith effort has been made to seek out and incorporate all points of view in the preparation of the Final Project EIR as indicated by the public record for the Palomar Crossings Project and the Final Project EIR. 8. Mitigation Plan Approval. Although the Final Project EIR identifies certain significant environmental effects that would result from approval of the Project, certain environmental effects can feasibly be avoided or mitigated and will be avoided or mitigated by imposition of mitigation measures included in the Final Project EIR and the Mitigation Monitoring and Reporting Program. Pursuant to Public Resources Code Section 21081 and CEQA Guidelines section 15097, the Planning Commission recommends the City Council adopt and approve the Mitigation Monitoring and Reporting Program attached hereto as Exhibit "B," which is incorporated herein by reference as though set forth in full. The Planning Commission recommends the City Council further find that the mitigation measures identified in the Final Project EIR are feasible. 9. No Significant New Information Added to Draft Project EIR. The information provided in the various reports submitted in connection with the proposed Project and in the responses to comments on the Draft Project EIR, the information added to the Final Project EIR, and the evidence presented in written and oral testimony at public hearings on the Project and the Project EIR, do not constitute significant new information that would require recirculation of the Draft Project EIR pursuant to Public Resources Code section 21092.1 and CEQA Guidelines section 15088.5. 10. Location and Custodian of Record of Proceedings. The Community Development Department of the City of Menifee, located at 29844 Haun Road, Menifee, CA 92586, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the Planning Commission's recommendation is based, which documents and materials shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act (Government Code §§ 6250 et seq.) during normal business hours. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Menifee North Specific Plan Amendment No. 3 Palomar Crossings EIR May 13, 2020 PASSED, APPROVED AND ADOPTED this the 13th day of May, 2020: _________________________ Randy Madrid, Chairman Attest: _______________________________ Stephanie Roseen, Deputy City Clerk Approved as to form: ______________________________ Thai Phan, Assistant City Attorney DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 1 EXHIBIT A PALOMAR CROSSINGS CEQA FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (CEQA) requires that public agencies shall not approve or carry out a project for which an environmental impact report (EIR) has been certified that identifies one or more significant adverse environmental effects of a 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 (State CEQA Guidelines [Cal. Code Regs., tit. 14, § 15000 et seq.], § 15091). This document presents the CEQA Findings of Fact made by City of Menifee, in its capacity as the CEQA lead agency, regarding the Palomar Crossings Project (“Project” or “Palomar Crossings Project”), evaluated in the Draft Environmental Impact Report (Draft EIR) and Final Environmental Impact Report (Final EIR) for the Project. SECTION I INTRODUCTION On February 26, 2019, the City of Menifee publicly noticed its decision to prepare an environmental impact report (EIR) for the Project by noticing the State Clearinghouse, related agencies, other government agencies and surrounding property owners within a 600-foot radius from the Project site boundaries. On March 11, 2019, the City of Menifee held a duly noticed public scoping meeting regarding the preparation of the EIR to discuss and hear from the public on the potential environmental impacts, which meeting was publicly noticed by an agenda posting and a notice to surrounding property owners within a 600-foot radius from the Project site boundaries, at least ten (10) days prior to the public meeting. Between December 3, 2019 and January 21, 2020, the State-mandated forty- five (45)- day public review period for the Draft Project EIR (Draft EIR) took effect, which was publicly noticed by a publication in a newspaper of general circulation, notice to owners within 600 feet of the Project site boundaries, related agencies and government agencies, and other interested parties, copies of the Draft EIR were sent to the State Clearinghouse, a copy placed at the City Hall public counter and a copy placed at the Paloma Valley Library and the Sun City Library. Comments and testimony were responded to through Response to Comments as part of the Final EIR and the Response to Comments were distributed to all public agencies and other interested parties that submitted comments on the Draft EIR at least 10 days prior to certification of the Final Project EIR (Final EIR), in accordance with CEQA. No evidence of new significant impacts, as defined by CEQA Guidelines Section 15088.5, have been received by the City after circulation of the Draft EIR which would require re-circulation. The Draft EIR for the Palomar Crossings Project, dated December 2019 and Final EIR for the Palomar Crossings Project, dated April 2020 provide an assessment of the DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 2 environmental impacts associated with the Palomar Crossings Project and have been prepared in accordance with the California Environmental Quality Act, Public Resources Code Section 21000 et seq., and State regulations in Title 14 of the California Code of Regulations, Section 15000 et seq.. Public Resources Code section 21002 states that “public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects[.]” Section 21002 further states that the procedures required by CEQA “are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects.” Pursuant to section 21081 of the Public Resources Code, a public agency may only approve or carry out a project for which an EIR has been completed that identifies any significant environmental effects if the agency makes one or more of the following written finding(s) for each of those significant effects accompanied by a brief explanation of the rationale for each finding: 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. 3. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. As indicated above, section 21002 requires an agency to “avoid or substantially lessen” significant adverse environmental impacts. Thus, mitigation measures that “substantially lessen” significant environmental impacts, even if not completely avoided, satisfy section 21002’s mandate. (Laurel Hills Homeowners Assn. v. City Council (1978) 83 Cal.App.3d 515, 521 [“CEQA does not mandate the choice of the environmentally best feasible project if through the imposition of feasible mitigation measures alone the appropriate public agency has reduced environmental damage from a project to an acceptable level”]; Las Virgenes Homeowners Fed., Inc. v. County of Los Angeles (1986) 177 Cal. App. 3d 300, 309 [“[t]here is no requirement that adverse impacts of a project be avoided completely or reduced to a level of insignificance . . . if such would render the project unfeasible”].) While CEQA requires that lead agencies adopt feasible mitigation measures or alternatives to substantially lessen or avoid significant environmental impacts, an agency need not adopt infeasible mitigation measures or alternatives. (Pub. Resources Code, § 21002.1(c) [if “economic, social, or other conditions make it infeasible to mitigate one or more significant effects on the environment of a project, the project may nonetheless be carried out or approved at the discretion of a public agency”]; see also State CEQA Guidelines, § 15126.6(a) [an “EIR is not required to consider alternatives which are infeasible”].) CEQA defines “feasible” to mean “capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.” (Pub. Resources Code, § 21061.1.) The State CEQA Guidelines add “legal” considerations as another indicia of feasibility. (State CEQA Guidelines, § 15364.) Project objectives also inform the DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 3 determination of “feasibility.” (Jones v. U.C. Regents (2010) 183 Cal. App. 4th 818, 828-829.) “‘[F]easibility’ under CEQA encompasses ‘desirability’ to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors.” (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 401, 417; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715.) “Broader considerations of policy thus come into play when the decision making body is considering actual feasibility[.]” (Cal. Native Plant Soc’y v. City of Santa Cruz (2009) 177 Cal.App.4th 957, 1000 (“Native Plant”); see also Pub. Resources Code, § 21081(a)(3) [“economic, legal, social, technological, or other considerations” may justify rejecting mitigation and alternatives as infeasible] (emphasis added).) Environmental impacts that are less than significant do not require the imposition of mitigation measures. (Leonoff v. Monterey County Board of Supervisors (1990) 222 Cal.App.3d 1337, 1347.) The California Supreme Court has stated, “[t]he wisdom of approving . . . any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced.” (Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 576.) In addition, perfection in a project or a project’s environmental alternatives is not required; rather, the requirement is that sufficient information be produced “to permit a reasonable choice of alternatives so far as environmental aspects are concerned.” Outside agencies (including courts) are not to “impose unreasonable extremes or to interject [themselves] within the area of discretion as to the choice of the action to be taken.” (Residents Ad Hoc Stadium Com. v. Board of Trustees (1979) 89 Cal.App.3d 274, 287.) SECTION II FINDINGS REGARDING ENVIRONMENTAL IMPACTS NOT REQUIRING MITIGATION The City Council hereby finds that the following potential environmental impacts of the project are less than significant and therefore do not require the imposition of Mitigation Measures. A. AESTHETICS 1. Scenic Vistas Threshold a.: Would the Project have a substantial adverse effect on a scenic vista? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that the impacts related to aesthetic resources – scenic vistas will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, pp. 4.2-15 through 4.2-17) Explanation: As shown on Figure 4.2-1, Vantage Point Key Map, of the Draft EIR, the Project site is bordered on the north by vacant land and some rural residential uses, on the south by Highway 74, business park, and public facilities uses, on the east by Menifee Road, rural DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 4 residential uses, and vacant land, and Palomar Road to the immediate west, vacant land, some commercial uses. The proposed Project will change the visual character of the Project site and the area by adding structures and landscaping. The existing SCE easement is being included within Planning Areas 11, 12 and 13 in this amendment. Development will have to conform with all applicable SCE easement restrictions. The easement area shall be allowed to be used in required landscape and open space areas, retention and detention basins, and for passive recreation uses. Figures 4.2-2 through Figures 4.2-6 of the Draft EIR depict the Project site, its immediate environs, and views to any scenic vistas. The Project will comply with the Development Standards and Design Guidelines of SP260, A3 in terms of height limitations, building setbacks, landscaping requirements and compatibility with adjacent development. In addition, SR-74 is designated an Enhanced Landscape Corridor and Scenic Corridor in the General Plan. SP260, A3 is consistent with the guidelines contained in the General Plan. With compliance to SP260, A3, the Project will not significantly affect any views of the local hills. Mountains that are visible from the Project site, or the immediate environs are faint, at best. In addition, there are no scenic vistas within the area that will be affected by the Project. While some views from the existing (and proposed) development may be obscured by the Project, they are not a true scenic view, as described by the General Plan EIR. Therefore, any impacts on scenic vistas are considered less than significant. 2. Scenic Resources Threshold b.: Would the Project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that there will be no impacts related to aesthetic resources – scenic resources. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, pp. 31 and 32) Explanation: There are no officially designated scenic highways in or near the City of Menifee. State Route 74 (SR-74) passes through the northern part of the City and is considered an “Eligible State Scenic Highway – Not Officially Designated” by the California Department of Transportation. In addition, according to Figure CD-2, Enhanced Landscape Corridors and Scenic Corridors of the General Plan, SR- 74, adjacent to the Project, is classified as an Enhanced Landscape Corridor. The nearest designated state scenic highway to the City DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 5 is a portion of SR-74 in the San Jacinto Mountains about 17 miles east of the City. According to the General Plan: “Corridors play an important role in Menifee. Not only are they essential for circulation, they also provide valuable opportunities to reinforce the city's community identity through streetscape design and preservation of scenic resources. Design treatments within corridors contain cohesive, yet clearly differentiated design features that reflect the type and extent of uses along it. To help foster a strong identity along major corridors, the city has designated a number of north-south and east-west roadways as Enhanced Landscape Corridors. Roadways in this designation are recognized as major transportation routes and will receive special design consideration to ensure they complement the existing community. The protection of the city's visual resources along its scenic corridors-including I-215 is particularly important because these corridors help visually frame some of the community's most distinctive features.” The Project site is bordered on the north by vacant land and some rural residential uses, on the south by Highway 74, business park, and public facilities uses, on the east by Menifee Road, rural residential uses, and vacant land, and Palomar Road to the immediate west, vacant land, some commercial uses. Disturbances to the Project site are moderate, and represent cumulative impacts resulting from agricultural endeavors, off-road vehicle activity, trash dumping, and construction of the SCE transmission line. No cultural resources of prehistoric or historical origin were observed within the boundaries of the Project site. In addition, there are no scenic trees or rock outcroppings resources on the Project site. Lastly, there are no historic buildings, per the California Office of Historic Preservation (OHP) on the Project site. Therefore, no impacts to scenic resources will occur. 3. Visual Character Threshold c.: Would the Project, except as provided in Public Resources Code Section 21099, in non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the Project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Finding: The City of Menifee finds based on Final EIR and the whole of the record that impacts related to aesthetic resources – visual character DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 6 will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, pp. 4.2-17 through 4.2-19) Explanation: Construction of the proposed Project will result in short-term impacts to the existing visual character and quality of the area. Construction activities will require the use of equipment and storage of materials within the Project site. Construction activities are temporary and will not result in any permanent visual impact. The Project site is bordered on the north by vacant land and some rural residential uses, on the south by Highway 74, business park, and public facilities uses, on the east by Menifee Road, rural residential uses, and vacant land, and Palomar Road to the immediate west, vacant land, some commercial uses. Topographically, the subject property is comprised of a flat alluvial plain. Elevations range from a low of 1,465 feet above mean sea level (AMSL) at the southwestern corner of the property to a high of 1,495 feet AMSL at the northeastern property corner. A watercourse parallels the southern boundary of the property but does not represent a permanent source of water. Instead, this feature serves to contain intermittent drainage, primarily from irrigation run-off. A permanent source of water is not located within the Project boundaries. Upon Project completion, the proposed Project will consist (as a worst-case scenario for analysis purposes), 246,312 square feet of commercial uses and 637 multi-family dwelling units. The maximum height limitations in PAs 11 and 12 are 45 feet (3-stories). The maximum height limitation for PA 13 is 50 feet. The General Plan Land Use designation for the site is Specific Plan (SP). The General Plan EIR did contemplate a project of this nature (urban development) on this site; however, the proposed Project changes the land use mix on the Project site. This change includes a modification from offices/business park uses to multi-family residential uses. The Project is located within the Menifee North Specific Plan No. 260. Planning Area Development Standards are provided in SP260, A3 (provided as Appendix K of the EIR) for Planning Area 1-48 (Section III). In addition, there are detailed Design Guidelines in Section IV. As it pertains to the Project, Planning Area Development Standards for Planning Areas 11-14 will be applicable. These include a Descriptive Summary of the respective Planning Area, Land Use and Development Standards and Planning Standards. Additional Architectural Guidelines are also provided for the Project (Planning Areas 11-13). Within these Standards and Guidelines, the Project’s scale, mass, density, aesthetics (colors/materials), landscaping and hardscaping are detailed. The height, colors, materials, and development fabric will be consistent with the surrounding development within the Menifee North Specific Plan No. 260. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 7 Adherence to these Standards and Guidelines will ensure an aesthetically pleasing Project that is consistent with the City’s General Plan, as well as the surrounding areas. When placed in the context of the Menifee North Specific Plan No. 260, the proposed land use modifications are appropriate in its location. The Menifee North Specific Plan No. 260 (as amended) provides for development standards and design guidelines that represent the most recent desires of the City for development of this nature. With adherence to the Design Guidelines and Development Standards of the Menifee North Specific Plan No. 260, as amended, the Project will not substantially degrade the existing visual character or quality of the site and its surroundings. Any impacts are considered less than significant. 4. Light and Glare Threshold d.: Would the Project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions and General Plan goals, impacts related to aesthetic resources – light and glare will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, pp. 33 and 34) Explanation: Currently, there are no light sources at the Project site. New lighting sources will be created from additional sources of light and glare associated with construction activities. These additional artificial light sources are typically associated with security lighting since all exterior construction activities are limited to daylight hours in the City. Workers either arriving to the site before dawn, or leaving the site after dusk, will generate additional construction light sources. These impacts will be temporary, of short-duration, and will cease when Project construction is completed. Excessive or inappropriately directed lighting can adversely impact nighttime views by reducing the ability to see the night sky and stars. Glare can be caused from unshielded or misdirected lighting sources. Reflective surfaces (i.e., polished metal) can also cause glare. Impacts associated with glare range from simple nuisance to potentially dangerous situations (i.e., if glare is directed into the eyes of motorists). There are lighting sources adjacent to this site, including free-standing street lights, light fixtures on buildings, vehicle headlights, traffic lights and streetlights. The proposed Project will include outdoor lighting associated with occupation of the single-family residences, as well as lighting associated with, and typical to, potential commercial uses in PA’s 13 and 14. Chapter 6.01 of the Menifee Municipal Code (Dark Sky; Light Pollution) indicates that low-pressure sodium lamps are the DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 8 preferred illuminating source and all non-exempt outdoor light fixtures shall be shielded. A maximum of 8,100 total lumens per acre or parcel if less than one acre shall be allowed. When lighting is “allowed”, it must be fully shielded if feasible and partially shielded in all other cases and must be focused to minimize spill light into the night sky and onto adjacent properties (Section 6.01.040). The Project will be conditioned that, prior to the issuance of building permits, all new construction which introduces light sources be required to have shielding or other light pollution-limiting characteristics such as hood or lumen restrictions. Reference Standard Condition SC-AES-1. This is a standard condition and is not considered unique mitigation under CEQA. The City of Menifee General Plan Community Design Element includes goals that encourage attractive landscaping, lighting, and signage that conveys a positive image of the community (Goal CD- 6) and that limit light leakage and spillage that may interfere with the operations of the Palomar Observatory (Goal CD-6.5). Reference Standard Condition SC-AES-2. This is a standard condition and is not considered unique mitigation under CEQA. All lighting proposed by the Project shall comply with Menifee Municipal Code Section 6.01 and General Plan goals. Accordingly, the Project will have a less than significant impact on interfering with the nighttime use of the Mt. Palomar Observatory. According to Section 5.1.3 of the GPEIR (p. 5.1-13): “Additionally, all future development projects that would be accommodated by the proposed General Plan would be required to comply with California’s Building Energy Efficiency Standards for Residential and Nonresidential Buildings (Title 24, Part 6, of the California Code of Regulations), which outlines mandatory provisions for lighting control devices and luminaires. Adherence to county and City regulations and implementation of the policies of the proposed General Plan would ensure that light and glare from new development and redevelopment projects accommodated by the General Plan would be minimized and that significant impacts would not occur.” The same requirements would apply to the proposed Project; therefore, the same conclusions reached in the GPEIR would apply to the proposed Project. Any impacts are considered less than significant. B. AGRICULTURE AND FOREST RESOURCES 1. Farmland Conversion DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 9 Threshold a.: Would the Project convert Primate Farmland, Unique Farmland, or Farmland of Statewide significance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that impacts related to agriculture and forestry resources – farmland conversion will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, pp. 35 and 36) Explanation: The Project site has the following designations:  Farmland of Local Importance; and  Other Lands. The current General Plan Land Use designation on the Project site is Specific Plan (SP). The zoning classification on the Project site is Specific Plan (SP). SP260, A3 proposes the following:  PA11 Very High Density Residential (VHDR), 29.35 acres;  PA12 Commercial Retail (CR) / Very High Density Residential (VHDR), 9.2 acres;  PA13 Commercial Retail (CR), 15.42 acres; and  PA14 Commercial Retail (CR), 9.27 acres. Very High Density Residential (VHDR) is defined as having a density range of 14.1-24 dwelling units per acre. Commercial Retail (CR) would allow for a Floor Area Ration of 0.35. The City is focusing on developing land in an economically productive way that will serve the growing population. Thus, Menifee’s future development emphasizes mixed-use, commercial, industrial, and residential projects rather than supporting the continuation of agricultural uses, which are becoming less economically viable. The residential/commercial Project will be economically productive and serve the growing population. Based on the policy direction contained in the General Plan, Project impacts to Farmland will be less than significant. 2. Agricultural Zoning Threshold b.: Would the Project conflict with existing zoning for agricultural use, or a Williamson Act contract? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that there will be no impacts related to agriculture and forestry resources – agricultural zoning. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1). (Initial Study, p. 36) Explanation: No Williamson Act contracts are active for the proposed Project site. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 10 Therefore, the Project will not conflict with a Williamson Act contract. The current General Plan Land Use designation on the Project site is Specific Plan (SP). The zoning classification on the Project site is Specific Plan (SP). The SP Zone is not an agricultural zone, as it pertains to the Project. SP260, A3 proposes the following:  PA11 Very High Density Residential (VHDR), 29.35 acres;  PA12 Commercial Retail (CR) / Very High Density Residential (VHDR), 9.2 acres;  PA13 Commercial Retail (CR), 15.42 acres; and  PA14 Commercial Retail (CR), 9.27 acres. Very High Density Residential (VHDR) is defined as having a density range of 14.1-24 dwelling units per acre. Commercial Retail (CR) would allow for a Floor Area Ration of 0.35. No impacts will occur. 3. Forestland Zoning Threshold c.: Would the Project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that there will be no impacts related to agriculture and forestry resources – forestland zoning. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, p. 37) Explanation: Public Resources Code Section 12220(g) identifies forest land as land that can support 10-percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits. The Project site and surrounding properties are not currently being managed or used for forest land as identified in Public Resources Code Section 12220(g). Therefore, development of the Project will have no impact to any timberland zoning. 4. Loss of Forest Land Threshold d.: Would the Project result in the loss of forest land or conversion of forest land to non-forest use? DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 11 Finding: The City of Menifee finds based on the Final EIR and the whole of the record that there will be no impacts related to agriculture and forestry resources – loss of forest land. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, p. 37) Explanation: There is no forest land on the Project site. Therefore, there will be no loss of forest land or conversion of forest land to non-forest use as a result of the Project. No impacts will occur. 5. Conversion of Farmland or Forestland Threshold e.: Would the Project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? Finding: The City of Menifee finds based on the Final EIR and the whole of the record impacts related to agriculture and forestry resources – conversion of farmland or forestland will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, p. 38) Explanation: As shown on Table 3, Surrounding Land Uses, in the Initial Study, there are no agricultural uses adjacent to the Project site. As shown on Figure 3, General Plan Land Use Designations, in the Initial Study, there are no agriculturally designated properties in proximity of the Project site. As shown on Figure 4, Zoning Classifications, in the Initial Study, the properties abutting the Project site to the northeast are designated Light Agricultural (A-1). There are large lot single-family residences on Stone Lane, and Triple Crown Road, immediately adjacent to the Project site. The closest agricultural use is located at the southwest corner of Menifee Road and Watson Road, approximately 650 feet northerly from the closest portion of the Project site, on the other side of the large lot single-family residences. Due to the proximity and separation from this agricultural use, it is not anticipated that the Project will involve changes to the environment that would result in the conversion of this property to a non-agricultural use. The City is focusing on developing land in an economically productive way that will serve the growing population. Thus, Menifee’s future development emphasizes mixed-use, commercial, industrial, and residential projects rather than supporting the continuation of agricultural uses, which are becoming less economically viable. The Project sites do not have agricultural land use designations. There are no properties in proximity of the Project site that have an agricultural designation. Therefore, implementation of the Project will not result in any pressures on adjacent properties that could result in conversion of farmland. Therefore, impacts to Farmland will be less than significant. There is no forest land on the Project site. Therefore, the Project DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 12 will not involve other changes in the existing environment which, due to their location or nature, could result in conversion of forest land to non-forest use. No impact will occur. C. AIR QUALITY 1. Sensitive Receptors Threshold c.: Would the Project expose sensitive receptors to substantial pollutant concentrations? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to air quality resources – sensitive receptors will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, pp. 4.4-18 through 4.4-19) Explanation: Localized Construction Emissions Table 4.3-15, Localized Construction Emissions of the DEIR illustrates the construction related localized emissions and compares the results to SCAQMD LST thresholds. As shown in Table 4.3-15, the emissions will be below the SCAQMD thresholds of significance for localized construction emissions. The Project must follow all standard SCAQMD rules and requirements with regards to fugitive dust control, as described in Standard Condition SC-AQ-1. Compliance with the dust control is considered a standard requirement and included as part of the project’s design features, not mitigation. The Project’s short-term construction impact to localized air resources is less than significant. The Project is required to comply with regional rules that assist in reducing short-term air pollutant emissions associated with suspended particulate matter, also known as fugitive dust. Fugitive dust emissions are commonly associated with land clearing activities, cut-and-fill grading operations, and exposure of soils to the air and wind. SCAQMD Rule 403 requires that fugitive dust be controlled with best-available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. In addition, SCAQMD Rules 402 and 403 require implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off site (reference Standard Conditions SC-AQ-1 and SC- AQ-2). Localized construction emissions, shown in Section 4.3.4.11, indicate daily construction emissions, with standard control measures, would be below the applicable thresholds established by the SCAQMD. The proposed Project’s short term construction activities would cause less than significant fugitive dust impacts. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 13 The proposed Project is located in Riverside County, CA, which is not among the California counties that are found to have serpentine and ultramafic rock in their soils. Therefore, the potential risk for uncovering naturally occurring asbestos during Project construction is small. However, in the event asbestos is found on the site, the Project will be required to comply with the National Emissions Standards for Hazardous Air Pollutants (NESHAP) Asbestos Program. An Asbestos NESHAP Notification Form shall be completed and submitted to the CARB immediately upon discovery of the contaminant. The Project will be required to follow NESHAP standards for emissions control during site renovation, waste transport and waste disposal. A person certified in asbestos removal procedures will be required to supervise on-site activities. By following the required asbestos abatement protocols, the Project impact is less than significant. Construction traffic is evaluated with regards to air quality and greenhouse gas related emissions. Construction traffic is expected to be heaviest during the grading phase. CalEEMod estimates emission levels during all phases of construction related to both on- road and off-road mobile sources. As shown in Table 4.3-8 and Table 4.3-15, emission levels associated with on-site and off-site construction traffic will be below the applicable thresholds set forth by the State of California and the SCAQMD. The Project impact from construction traffic is considered less than significant. Localized Operational Emissions Project-related air emissions from on-site sources such as architectural coatings, landscaping equipment, on-site usage of natural gas appliances as well as the operation of vehicles on-site may have the potential to exceed the State and Federal air quality standards in the Project vicinity, even though these pollutant emissions may not be significant enough to create a regional impact to the Air Basin. The nearest sensitive receptor that may be impacted by the proposed Project are the single-family detached residential dwelling units located adjacent to the eastern property line of the site, the single-family detached residential dwelling units located approximately 150 feet (46 meters) northeast of the site (across Palomar Road), and existing single-family detached residential dwelling units located approximately 300 feet north of the site. According to SCAQMD LST methodology, LSTs would apply to the operational phase of a project, if the project includes stationary sources, or attracts mobile sources (such as heavy-duty trucks) that may spend long periods queuing and idling at the site; such as industrial warehouse/transfer facilities. The proposed Project is a mixed-use project consisting of residential and commercial uses and does not include such uses. Therefore, due the lack of stationary source emissions, no long-term localized significance DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 14 threshold analysis is warranted. The Project will result in less than significant localized operational emissions impacts. A CO hot spot is a localized concentration of carbon monoxide (CO) that is above the state one-hour standard of 20 ppm or the eight- hour standard of 9 ppm. At the time of the publishing of the 1993 CEQA Air Quality Handbook, the SCAB was designated nonattainment, and projects were required to perform hot spot analyses to ensure they did not exacerbate an existing problem. Since this time, the SCAB has achieved attainment status and the potential for hot spots caused by vehicular traffic congestion has been greatly reduced. In fact, the SCAQMD AQMP found that peak CO concentrations were primarily the result of unusual meteorological and topographical conditions and not traffic congestion. Furthermore, in the 2003 SCAQMD AQMP found that, at four of the busiest intersections in Los Angeles, there were no CO hot spots concentrations. The Palomar Crossing Traffic Analysis showed that the Project would generate a maximum of 11,352 daily trips. In near term future cumulative conditions, the intersection of Interstate 215 northbound ramps and McCall Boulevard, which is shown to have the highest traffic volume within the traffic analysis study area, would experience approximately 2,138 vehicles during the peak hour. The 1992 Federal Attainment Plan for Carbon Monoxide (1992 CO Plan) showed that an intersection which has a daily traffic volume of approximately 100,000 vehicles per day would not violate the CO standard. It is reasonable to conclude, therefore, that the Project would not significantly contribute to the formation of CO Hot Spots in the Project vicinity. The Project impact to CO Hot Spots is less than significant. Air Quality Standards - Toxic Air Contaminants The DPM emission factors for the various vehicle types were derived from the CARB EMFAC2017 mobile source emission model. The third trimester exposure used opening year (2023) emissions factors, 2-year factors (for infant exposure) reflect years 2024 and 2025, 14-year average factors (for child exposure during years 2-16) reflect emissions during the first 14 years of operation after infancy (2026 to 2039), and the second 14 years of exposure (years 2040-2053) were also used for assessment of exposure during years 16 to 30 and were derived for Riverside County. Health risks from diesel particulate matter are twofold. First, diesel particulate matter is a carcinogen according to the State of California. Second, long-term chronic exposure to diesel particulate matter can cause health effects to the respiratory system. The highest 3rd trimester cancer risk is at receptors 2 and 3; with a maximum risk of 0.08 in one million. The highest infant cancer risk is at receptor 2; with a maximum risk of 1.95 in one million. The DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 15 highest child cancer risk is at receptor 2; with a maximum risk of 1.71 in one million. Therefore, no unborn babies, infants or children are exposed to cancer risk in excess of 10 in a million. The highest adult cancer risk is at receptors 2 and 3; with a maximum risk of 0.16 in one million; therefore, no adults are exposed to cancer risk from SR-74-related diesel emissions in excess of 10 in a million either. Table 4.3-24, Cumulative Carcinogenic Risk 30.25‐Year Exposure Scenario of the DEIR shows that the 30.25-year, cumulative carcinogenic health risk (3rd trimester [-0.25 to 0 years] + infant [0- 2 years] + child [2-16 years] + adult [16-30 years]) to an individual born during the opening year of the Project, and located in the Project vicinity for the entire 30-year duration, is a maximum of 3.9 in a million. As the cancer risk is less than 10 in a million for all groups analyzed, it is concluded that the Project site will not be impacted by TAC emissions. Cancer risk impacts are considered to be less than significant. The non-carcinogenic hazards to residential adult, 3rd trimester, child and infant receptors are also detailed in Tables 4.3-20 through 4.3-23 column (j). The RELDPM is 5 μg/m3. The Office of Environmental Health Hazard Assessment as protective for the respiratory system has established this concentration. The criterion for significance is a Hazard Index increase of 1.0 or greater. Therefore, the Project would have a less than significant impact due to the non-cancer risk from diesel emissions from the adjacent SR-74 roadway. Analysis of Point Source Emissions from Industrial Facilities The City of Menifee General Plan EIR contains the following mitigation measure on page 1-27: 3-2. The City shall require Project Applicants for residential or residential mixed-use projects within: 1) 1,000 feet from the truck bays of an existing distribution centers that accommodate more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units, or where transport refrigeration unit operations exceed 300 hours per week; 2) 1,000 feet of an industrial facility which emits toxic air contaminants; or 3) 500 feet of Interstate 215 (I-215) shall submit a health risk assessment (HRA) prepared in accordance with policies and procedures of the state Office of Environmental Health Hazard Assessment (OEHHA) and the South Coast Air Quality Management District (SCAQMD). Part 1 of mitigation measure 3-2 is not applicable, as there are no warehouse distribution centers within 1,000 feet of the Project site. To address part 3 of GP EIR mitigation measure 3-2 (even though DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 16 the Project is located over 1.5 miles east of I-215), the City of Menifee requested an analysis of the potential impacts to future residential uses on-site from the nearby SR-74. This was accomplished in Section V of the HRA and the findings show that the health of future residents of the site will not be significantly impacted by roadway-related DPM sourced from SR-74. As there are four industrial facilities that are within 1,000 feet of the Project site, part 2 of mitigation measure 3-2 is addressed below. The four facilities are described in Table 4.3-25, Industrial/Point Source Emitters within 1,000 Feet of the DEIR and shown on Figure 4.3-4, Zones of the DEIR. It is concluded that none of the nearby industrial facilities will emit significant levels of TACs that would impact residential uses proposed within Menifee North SP and the Project meets the requirements of the City of Menifee General Plan EIR mitigation measure 3-2. Impacts are less than significant. 2. Other Adverse Emissions Threshold d.: Would the Project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to air quality resources – other adverse emissions will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, pp. 41 and 42) Explanation: According to the CEQA Air Quality Handbook, land uses associated with odor complaints include agricultural operations, wastewater treatment plants, landfills, and certain industrial operations (such as manufacturing uses that produce chemicals, paper, etc.). Odors are typically associated with industrial projects involving the use of chemicals, solvents, petroleum products, and other strong-smelling elements used in manufacturing processes, as well as sewage treatment facilities and landfills. None of these are associated with the proposed Project. The potential for an odor impact is dependent on a number of variables including the nature of the odor source, distance between the receptor and odor source, and local meteorological conditions. During construction, potential odor sources associated with the Project include diesel exhaust associated with construction equipment. Diesel exhaust may be noticeable; however, construction activities would be temporary. Heavy-duty equipment in the project area during construction will emit odors; however, the construction activity would cease to occur after individual construction is completed. The Project is required to comply with SCAQMD Rule 402 (Rule DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 17 402) during construction, which states that a person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. Rule 402 shall be implemented as Standard Condition SC-AQ-2. Compliance with Rule 402 is a standard condition and is not considered unique mitigation under CEQA. Construction odors will be less than significant. Potential odor sources associated with the operation of the Project are anticipated to be those that would be typical of any residential development and commercial development. Residential developments typically do not result in odor impacts. Commercial development, in proximity has the potential to conflict with residential uses. The commercial components will be required to comply with Rule 402 during operations. Compliance with Rule 402 is a standard condition and is not considered unique mitigation under CEQA. Operational odors will be less than significant. D. BIOLOGICAL RESOURCES 1. Wetlands Threshold c.: Would the Project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that there will be no impacts related to biological resources – wetlands. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, p. 45) Explanation: According to the Palomar Crossings 2010-090 Western Riverside County MSHCP Compliance Document, prepared by Searl Biological Services, June 28, 2018 (MSHCP Compliance Document, Appendix C of the Initial Study), no Vernal Pool and/or Fairy Shrimp habitat was detected on the Project site. No habitat meeting the criteria of a vernal pool was detected on the Project site. The Property did not support depression areas, and no evidence of long-lasting ponds (i.e., cracked mud, crusty soil, etc.) was detected. Saline-alkali or clay soils, a common component of vernal pools, were also absent. Plants typically associated with vernal pools, or remnants thereof, such as alkaline popcorn flower (Plagiobothrys leptocladus), western marsh cudweed (Gnaphalium palustre), Parish’s glasswort (Arthrocnemum subterminale), and swamp pickle grass (Crypsis schoenoides) were also not detected DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 18 on the Project site. No suitable habitat for fairy shrimp was detected on the Project site. Similar to the vernal pool assessment, no areas that would be classified as federally protected wetlands were detected on the Project site that contained evidence of supporting long-lasting pools, and depression areas were absent from the Project site. Lastly, road ruts that contained evidence of ponding, and stock ponds were also not detected on the Project site. Therefore, the Project will not have a substantial adverse effect on federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. No impacts will occur. 2. Local Policies and Ordinances Threshold e: Would the Project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that there will be no impacts related to biological resources – local policies and ordinances. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, p. 46) Explanation: The proposed Project will include planting of trees throughout the site: along streets, along paseos, and within private recreational areas. The trees that currently exist on-site are not considered a Heritage Tree as defined in the City’s Tree Preservation Ordinance. A list of tree species observed on the site is included in Appendix C-1 of the Palomar Crossings 2010-090 Western Riverside County MSHCP Compliance Document, prepared by Searl Biological Services, June 28, 2018 (MSHCP Compliance Document, Appendix C of the Initial Study). All trees are identified as “non-native species”. According to Section 9.86.020 of the Menifee Municipal Code: “The city considers trees to be a valuable community resource. Heritage trees such as those with certain characteristics (age, size, species, location, historical influence, aesthetic quality or ecological value) receive special attention and preservation efforts.” Therefore, the proposed Project shall not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. No impacts will occur. F. ENERGY 1. State or Local Plan DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 19 Threshold b.: Would the Project conflict with or obstruct a State or Local plan for renewable energy or energy efficiency? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to SB 100, impacts related to energy – state or local plan will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, p. 4.4-18) Explanation: The Project will purchase electricity through Southern California Edison which is subject to the requirements of California Senate Bill 100 (SB 100). SB 100 is the most stringent and current energy legislation in California; requiring that renewable energy resources and zero-carbon resources supply 100% of retail sales of electricity to California end-use customers and 100% of electricity procured to serve all state agencies by December 31, 2045. The Project will further comply with the mandatory requirements of California’s Green Building and Building Energy Efficiency standards that promote renewable energy and energy efficiency. Therefore, the Project will not conflict with or obstruct a State or Local plan for renewable energy or energy efficiency. Any impacts are considered less than significant. G. GEOLOGY AND SOILS 1. Fault Rupture Threshold a.i: Would the Project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that there will be no impacts related to geology and soils – fault rupture. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, pp. 64 and 65) Explanation: Although the Project site is located in seismically active Southern California, the site is not located within an Alquist-Priolo Earthquake Fault Zone. According to the Geotechnical Update Investigation for Proposed “Palomar Crossings” + 66.92-Acre Mixed Commercial/Retail and Residential Development Northeast Corner of Highway 74 and Palomar Road, City of Menifee, Riverside County, California, prepared by South Shore Testing and Environmental, March 8, 2018 (Geo Investigation, Appendix E of the Initial Study), the nearest active fault is the San Jacinto Fault, which is located approximately six (6) miles east of the Project site. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 20 Based on this information, the Project would not directly expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault. Indirect impacts associated with rupture of a fault are considered less than significant. 2. Strong Seismic Ground Shaking Threshold a.ii: Would the Project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: Strong seismic ground shaking? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to geology and soils – strong seismic ground shaking will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, p. 65, p. 69 for Standard Conditions) Explanation: The proposed Project will be subject to ground shaking impacts should a major earthquake in the area occur. Potential impacts include injury or loss of life and property damage. The Project site is subject to strong seismic ground shaking as are virtually all properties in Southern California. Standard Condition SC-GEO-1 is required to reduce potentially significant impacts that could expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking during Project implementation to a less than significant level. SC-GEO-1 requires Project design to be subject to the seismic design criteria of the most recent edition of the California Building Code (CBC) as adopted by the City of Menifee in the Ordinance No. 2016-05. The 2016 California Building Code (California Building Code, California Code of Regulations, Title 24, Volume 2) contains seismic safety provisions with the aim of preventing building collapse during a design earthquake, so that occupants would be able to evacuate after the earthquake. A design earthquake is one with a two percent chance of exceedance in 50 years, or an average return period of 2,475 years. Adherence to these requirements would reduce the potential of the structure from collapsing during an earthquake, thereby minimizing injury and loss of life. Although structures may be damaged during earthquakes, adherence to seismic design requirements would minimize damage to property within the structure because the structure is designed not to collapse. The CBC is intended to provide minimum requirements to prevent major structural failure and loss of life. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 21 Appendix B of the Geo Investigation (Geo Investigation, Appendix E of the Initial Study) identifies relevant CBC seismic design parameters for the Project site. Standard Condition SC-GEO-2 requires the Project to comply to recommendations listed in the Geo Investigation to address strong seismic ground shaking and how it will reduce direct or indirect causes that could create potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking. Adherence to SC- GEO-1 and SC-GEO-2 would reduce the risk of loss, injury, and death; impacts due to strong ground shaking to a less than significant level. 3. Ground Failure: Liquefaction Threshold a.iii: Would the Project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: Seismic-related ground failure including liquefaction? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that impacts related to geology and soils – ground failure: liquefaction will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, p. 66) Explanation: Liquefaction describes a phenomenon in which cyclic stresses, produced by earthquake-induced ground motion, create excess pore pressures in relatively cohesionless soils. These soils may thereby acquire a high degree of mobility, which can lead to lateral movement, sliding, consolidation and settlement of loose sediments, sand boils and other damaging deformations. This phenomenon occurs only below the water table, but, after liquefaction has developed, the effects can propagate upward into overlying non-saturated soil as excess pore water dissipates. The factors known to influence liquefaction potential include soil type and grain size, relative density, groundwater level, confining pressures, and both intensity and duration of ground shaking. In general, materials that are susceptible to liquefaction are loose, saturated granular soils having low fines content under low confining pressures. According to Map My County (Appendix A of the Initial Study), the Project site is mapped within a "low" zone of potentially liquefiable soils. Liquefaction is not considered a hazard at the site due to great depth to groundwater (greater than 100 feet) and the underlying dense nature of the subsurface soils. Therefore, the Project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic-related ground failure, including liquefaction. Impacts are considered less than significant. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 22 4. Landslides Threshold a.iv: Would the Project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: Landslides? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that impacts related to geology and soils – landslides will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, p. 66) Explanation: The topography of the Project site is relatively flat with natural gradients less than 2% to the south-southwest toward SR 74. The site elevation is approximately 1,468 – 1484 feet above mean sea level. Evidence of ancient landslides or slope instabilities at this site was not observed as part of the Geo Investigation. According to Figure 7-1, Surrounding Topography, of the Initial Study, there are no steep slopes within a one-quarter mile radius of the Project site that would pose any landslide potential. The closest steep slope is located approximately one (1) mile to north of the Project site. The potential for landslides is considered negligible both on- site or off-site. Therefore, the Project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving landslides. No impacts will occur. 5. Soil Erosion / Loss of Topsoil Threshold b.: Would the Project result in substantial soil erosion or the loss of topsoil? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to geology and soils – soil erosion / loss of topsoil will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, p. 67, pp. 69, 71 and 72 for Standard Conditions) Explanation: Topsoil is used to cover surface areas for the establishment and maintenance of vegetation due to its high concentrations of organic matter and microorganisms. The topsoil on the Project site has been disturbed by past development and more-recent grading activities. The Project has the potential to expose surficial soils to wind and water erosion during construction activities. Wind erosion will be minimized through mandated soil stabilization measures by South Coast Air Quality Management District (SCAQMD) Rule 403 (Fugitive Dust), (Standard Condition SC-AQ-1) such as daily watering. Water erosion will be prevented through the City’s standard, mandated, erosion control practices required pursuant to the California Building Code (Standard Condition SC-GEO-1) and the National Pollution Discharge Elimination System (NPDES), such as silt fencing, fiber rolls, or sandbags (Standard Condition DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 23 SC-HYD-1). Following Project construction, the site will be covered completely by paving, structures, and landscaping (Standard Condition SC-HYD-2). Impacts related to soil erosion will be less than significant with implementation of existing regulations. 6. On- Or Off-Site Landslide, Lateral Spreading, Subsidence, Liquefaction or Collapse Threshold c.: Would the Project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to geology and soils – on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, pp. 67 and 68, p. 69 for Standard Conditions) Explanation: Impacts related to liquefaction and landslides are discussed previously in Thresholds a.iii, and a.iv. Lateral spreading is the downslope movement of surface sediment due to liquefaction in a subsurface layer. The downslope movement is due to gravity and earthquake shaking combined. Such movement can occur on slope gradients of as little as one degree. Lateral spreading typically damages pipelines, utilities, bridges, and structures. Lateral spreading of the ground surface during a seismic activity usually occurs along the weak shear zones within a liquefiable soil layer and has been observed to generally take place toward a free face (i.e. retaining wall, slope, or channel) and to lesser extent on ground surfaces with a very gentle slope. As such, the soils report includes preliminary design recommendations for footings and building floor slabs. Furthermore, the Project is required to be constructed in accordance with the CBC. The CBC includes a requirement that any City-approved recommendations contained in the soils report be made conditions of the building permit. Standard Condition SC-GEO-1 is required to reduce potentially significant impacts that could expose people or structures to lateral spreading, subsidence, liquefaction or collapse. Appendix B of the Geo Investigation (Geo Investigation, Appendix E of the Initial Study) identifies relevant CBC seismic design parameters for the Project site. Standard Condition SC-GEO-2 requires the Project to comply to recommendations listed in the Geo Investigation to address lateral spreading, subsidence, liquefaction or collapse. Adherence to SC-GEO-1 and SC-GEO-2 would reduce any potential from lateral spreading, subsidence, liquefaction or collapse to a less than significant level. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 24 7. Expansive Soils Threshold d.: Would the Project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1997), creating substantial direct or indirect risks to life or property? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to geology and soils – expansive soils will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, p. 68, p. 69 for Standard Conditions) Explanation: The CBC requires special design considerations for foundations of structures built on soils with expansion indices greater than 20. Based on the results of Geo Investigation (Geo Investigation, Appendix E of the Initial Study), it is anticipated that the soils near subgrade are non-expansive (≤20) in accordance with ASTM D 4829. The Project’s will be required to comply with CBC design considerations and recommendations in the Geo Investigation (Standard Condition SC-GEO-1 and Standard Condition SC-GEO- 2, respectively). These are standard conditions and are not considered unique mitigation under CEQA. Any direct or indirect risks to life or property impacts are considered less than significant. 8. Septic Disposal Systems Threshold e.: Would the Project have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that there will be no impacts related to geology and soils – septic disposal systems. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, p. 68) Explanation: The Project proposes to connect to the existing Eastern Municipal Water District sewer system and will not require use of septic tanks. This threshold is not applicable to the Project. No impact will occur. 9. Paleontological Resource or Unique Geological Feature Threshold f.: Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to geology and soils – paleontological resource or unique geological feature will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, p. 69, pp. 69 through 71 for Standard Conditions) DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 25 Explanation: The Project site is mapped as a “High B” sensitivity area, denoting a high sensitivity for paleontological resources. Areas classified as high sensitivity may contain buried paleontological deposits at or below 4 feet of depth and may be impacted during construction. It is possible that potentially significant prehistoric remains could be found, since buried fossils often go undetected during a walkover survey. Prehistoric remains may have been buried by erosional sediments accumulating in this area and masked by existing pavement. Since the Project site is mapped in the County's General Plan as having a high potential for paleontological resources (fossils), the proposed Project site grading/earthmoving activities should be monitored for potential impacts to this resource and, therefore, the Project will include a standard condition to prepare a Paleontological Resource Impact Mitigation Program (PRIMP) prior to grading permit issuance and a monitoring program prior to issuance of the final grading permit. Standard Condition SC-GEO- 3 is required to reduce potentially significant impacts to previously undiscovered paleontological resources and/or unique geological features that may be accidentally encountered during Project implementation to a less than significant level. SC-GEO-3 requires that a qualified paleontologist be retained and approved by the City. The paleontologist will participate in a pre-construction project meeting and monitor earthmoving activities. SC-GEO-3 also provides guidance for instances where fossil remains are found and requires that the paleontologist prepare a report of findings during all site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). With implementation of SC-GEO-3, impacts to paleontological resources will be less than significant. Upon implementation of SC-GEO-3, the likelihood that the Project will directly or indirectly destroy unique paleontological resources on site, or a unique geologic feature will be less than significant. H. GREENHOUSE GAS EMISSIONS 1. Plan, Policy, or Regulation Threshold b.: Would the Project conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that the impacts related to greenhouse gas emissions – plan, policy, or regulation will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, pp. 4.5-14 through 4.5-21) Explanation: The Project could have the potential to conflict with applicable DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 26 plans, policies or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases. The City of Menifee Open Space and Conservation Element establishes goals to have efficient and environmentally appropriate use and management of energy and mineral resources to ensure their availability for future generations as well as an environmentally aware community that is responsive to changing climate conditions and actively seeks to reduce local greenhouse gas emissions. Polices to meet these goals include:  OSC-4.1 Apply energy efficiency and conservation practices in land use, transportation demand management, and subdivision and building design.  OSC-4.2 Evaluate public and private efforts to develop and operate alternative systems of energy production, including solar, wind, and fuel cell.  OSC-7.2 Encourage water conservation as a means of preserving water resources.  OSC-7.4 Encourage the use of reclaimed water for the irrigation of parks, golf courses, public landscaped areas, and other feasible applications as service becomes available from the Eastern Municipal Water District.  OSC-10.1 Align the City's local GHG reduction targets to be consistent with the statewide GHG reduction target of AB 32.  OSC-10.2 Align the City's long-term GHG reduction goal consistent with the statewide GHG reduction goal of Executive Order S-03-05.  OSC-10.3 Participate in regional greenhouse gas emission reduction initiatives.  OSC-10.4 Consider impacts to climate change as a factor in evaluation of policies, strategies, and projects. California Air Resources Board Scoping Plan Emission reductions in California alone would not be able to stabilize the concentration of greenhouse gases in the earth’s atmosphere. However, California’s actions set an example and drive progress towards a reduction in greenhouse gases elsewhere. If other states and countries were to follow California’s emission reduction targets, this could avoid medium or higher ranges of global temperature increases. Thus, severe consequences of climate change could also be avoided. The ARB Board approved a Climate Change Scoping Plan in December 2008. The Scoping Plan outlines the State’s strategy to achieve the 2020 greenhouse gas emissions limit. The Scoping Plan “proposes a comprehensive set of actions designed to reduce overall greenhouse gas emissions in California, improve our DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 27 environment, reduce our dependence on oil, diversify our energy sources, save energy, create new jobs, and enhance public health”. The measures in the Scoping Plan have been in place since 2012. In May 2014, California Air Resources Board (CARB) released its First Update to the Climate Change Scoping Plan (CARB 2014). This Update identifies the next steps for California’s leadership on climate change. While California continues on its path to meet the near-term 2020 greenhouse gas limit, it must also set a clear path toward long-term, deep GHG emission reductions. This report highlights California’s success to date in reducing its GHG emissions and lays the foundation for establishing a broad framework for continued emission reductions beyond 2020, on the path to 80 percent below 1990 levels by 2050. In November 2017, CARB released the 2017 Scoping Plan. This Scoping Plan incorporates, coordinates, and leverages many existing and ongoing efforts and identifies new policies and actions to accomplish the State’s climate goals, and includes a description of a suite of specific actions to meet the State’s 2030 GHG limit. In addition, the 2017 Scoping Plan provides a broader description of the many actions and proposals being explored across the sectors, including the natural resources sector, to achieve the State’s mid and long- term climate goals. Guided by legislative direction, the actions identified in the 2017 Scoping Plan reduce overall GHG emissions in California and deliver policy signals that will continue to drive investment and certainty in a low carbon economy. The 2017 Scoping Plan builds upon the successful framework established by the Initial Scoping Plan and First Update, while identifying new, technologically feasible, and cost-effective strategies to ensure that California meets its GHG reduction targets in a way that promotes and rewards innovation, continues to foster economic growth, and delivers improvements to the environment and public health, including in disadvantaged communities. The Scoping Plan includes policies to require direct GHG reductions at some of the State’s largest stationary sources and mobile sources. These policies include the use of lower GHG fuels, efficiency regulations, and the Cap-and Trade Program, which constrains and reduces emissions at covered sources. As the latest, 2017 Scoping Plan builds upon previous versions, Project consistency with applicable strategies of both the 2008 and 2017 Plan are assessed in Table 4.5-6, Project Consistency with CARB 2008 Scoping Plan Policies and Measures and Table 4.5-7, Project Consistency with CARB 2017 Scoping Plan Policies and Measures of the Initial Study. As shown in Tables 4.5-6 and 4.5-7, the Project is consistent with the applicable strategies. Reduction Measures Menifee General Plan EIR Table 5.7.9 DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 28 The following are GHG reduction measures provided in Table 5.7.9 of the General Plan EIR that could be implemented city-wide to reduce GHG emissions and are being proposed by the Project applicant to reduce GHG emissions associated with the Project. Circulation/Land Use Policies o C 1.1: Require roadways to: • Comply with federal, state, and local design and safety standards. • Meet the needs of multiple types of users (families, commuters, recreational beginners, exercise experts) and meet ADA standards and guidelines. • Be compatible with streetscape and surrounding land uses. • Be maintained in accordance with best practices. Discussion. All off site and on site street/road and access improvements would be designed to meet all applicable regulatory criteria and standards. Project roadways and on site circulation pathways and sidewalks are consistent with Policy C 1.1. o C 2.1: Require on and off street pathways to: • Comply with federal, state, and local design and safety standards. • Meet the needs of multiple types of users (families, commuters, recreational beginners, exercise experts) and meet ADA standards and guidelines. • Be compatible with streetscape and surrounding land uses. • Be maintained in accordance with best practices. Discussion. All off site and on site street/road and access improvements would be designed to meet all applicable regulatory criteria and standards. Project roadways and on site circulation pathways and sidewalks are consistent with Policy C 2.1. o C 2.2: Provide off street multipurpose trails and on street bike lanes as our primary paths of citywide travel and explore the shared use of low speed roadways for connectivity wherever it is safe to do so. Discussion. The Project would be conditioned to improve Palomar Road along the project frontage to its ultimate half-section which will includes a Class III bicycle route. This would facilitate connectivity to the citywide circulation system and use of alternative modes of transportation. Additionally, the Project will provide pedestrian and bicycle connections between the residential and commercial planning areas, as well as a Community Trail on Menifee Road. The Project would be consistent with Policy C 2.2. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 29 o C 2.3: Require walkways that promote safe and convenient travel between residential areas, businesses, schools, parks, recreation areas, transit facilities, and other key destination points. Discussion. The Project would be required to install frontage improvements along Palomar Road and Hwy 74. These improvements would facilitate safe and convenient pedestrian and bicycle connectivity to/from the site and neighboring destinations. Additionally, on-site pedestrian improvements would be provided throughout the site and connect the future planned residential development to the north with the commercial areas of the Project site to facilitate on-site pedestrian circulation. The Project would be consistent with Policy C 2.3. o C 3.2: Require new development to provide transit facilities, such as bus shelters, transit bays, and turnouts, as necessary. Discussion. The Project would provide bus stop amenities for a bus stop along Highway 74, adjacent to the site. The Project would be consistent with Policy C 3.2 Circulation/Land Use Implementation Actions o C 13: Encourage developers to provide bikeway and pedestrian connections between developed land uses, as well as bicycle parking accommodations for employees and customers. Discussion. The Project should be required to install Class III shared bicycle pavement markings (sharrows) on Palomar Road along the Project frontage. Additionally, on-site pedestrian improvements would be provided throughout the site and connect the future planned residential development to the north with the commercial areas of the project site to facilitate on-site pedestrian circulation. This would facilitate connectivity to the citywide circulation system and promote the use of alternative modes of transportation. Further bicycle parking and facilities would also be provided on-site to accommodate residents, employees and customers that elect to use alternative modes of transportation. The Project would be consistent with Action C 13. o C 14: Require Subregional and Community Off-Road Bike Trail dedications from new development projects that are consistent with the alignments identified in Exhibit C-4: Bikeway and Community Pedestrian Network. Discussion. The Project would provide the necessary dedication and make improvements to Palomar Road to accommodate a Class III shared bicycle lane along the Project frontage. This would facilitate bicycle access to/from the Project site and neighboring DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 30 areas. In addition, a Community Trail is proposed on Menifee Road. The Project would not conflict with the planned bicycle alignments, causing existing alignments to be rerouted or otherwise disrupt bicycle access along either Briggs Road or Hwy 74. The Project would be consistent with Action C 14. o C 21: Require bus shelters, transit bays and turnouts, where appropriate, from new development projects along the existing and potential future transit service routes identified in Exhibit C- 4. Discussion: The Project would provide bus stop amenities for a bus stop along Highway 74, adjacent to the site. The Project would be consistent with Policy C 21. o C 24: Participate in and influence regional transportation programs that seek new and creative solutions in public transportation, transportation systems, and traffic management. Discussion: The Project will contribute TUMF and DIF to support city-wide and regional improvements to public transportation, transportation systems, and traffic management. o C 29: Prepare a Neighborhood Electric Vehicle (NEV) Plan that supports flexible travel options, promotes vehicle emission reductions, integrates with other alternative transportation modes, and incorporates parking standards that recognize the reduced footprint needs inherent with NEVs and golf carts. Discussion. The Project would provide electric vehicle charging stations consistent with Table 5.106.5.3.3 of the CalGreen Code. The Project would be consistent with Action C 29. o OSC75: Create a program to incentivize new and existing commercial, industrial, public, school and medical facilities/developments to install shared vehicle parking, car pool parking, additional bike racks, and bus stop shelters. Components of the plan could include reduced permit fees, expedited processing, reduced parking requirements, etc. Discussion: The Project would provide electric vehicle charging stations, parking spaces designated for clean air vehicles, bicycle racks, and enhanced bus shelters and benches. The Project would be consistent with Action OSC75. Building and Energy Efficiency Policies o OSC-9.5 Comply with the mandatory requirements of Title 24 Part 11 of the California Building Standards Code (CALGreen) and the Title 24 Part 6 Building Energy Efficiency Standards. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 31 Discussion: The Project would be conditioned to implement the applicable elements of the California Energy Code, Title 24, Part 6 Building Energy Efficiency Standards and Part 11 CalGreen Standards. The Project would be consistent with OSC-9.5. Building and Energy Efficiency Implementation Actions o OSC67: Create a Solar Plan that provides incentives and coordinates financing for city residences and businesses to invest in solar energy. Discussion: At a minimum, the Project will provide solar ready infrastructure for investment in on-site generated renewable energy sources. Any building plans submitted after January 1, 2020 will be required to comply with California’s 2019 Building Standards Code; which now requires solar installations on certain residential projects. The Project would be consistent with OSC67. o OSC74: Work with EMWD to create a public outreach campaign to reduce energy use and conserve water. Campaign components can include workshops, brochures, mailers, website links, etc. Topics to highlight include: changes in Menifee's Building Code, how to implement whole house energy upgrades or other energy efficiency improvements for residents and businesses, the WRCOG HERO financing program and other subregional energy conservation efforts, as well as the City's the Solar Plan when complete. Discussion: The Project will implement water conservation strategies, including low flow fixtures and toilets, water efficient irrigation systems, drought tolerant/native landscaping, and reduce the amount of turf. The Project would be consistent with OSC74. o OSC77: Adopt a Green Building Ordinance that requires energy efficient design, in excess of Title 24 standards, for all new residential and non-residential buildings. Require 30 percent above the 2008 Building Energy Efficiency standards in Title 24 to coincide with the Voluntary Tier 2 standards for the 2010 California Green Building Code (CALGreen). Discussion: The Project will be required to comply with the latest California Building Standards Code and City of Menifee adopted standards, which currently provide for greater energy savings than previously required in 2008 code. The current 2016 standards will soon be updated with the 2019 code requirements, which become effective January 1, 2020, and will provide for even greater energy savings. The Project would be consistent with OSC77. General GHG Reduction Polices o OSC-10.1: Align the City’s local GHG reduction targets to be consistent with the statewide GHG reduction target of AB 32. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 32 o OSC-10.2: Align the City’s long-term GHG reduction goal consistent with the statewide GHG reduction goal of Executive Order S-03-05. o OSC-10.3: Participate in regional greenhouse gas emissions reductions initiatives. o OSC-10.4: Consider impacts to climate change as a factor in evaluation of policies, strategies, and projects. Discussion: The Project will comply with the City’s adopted GHG emissions thresholds set forth by SCAQMD for the purposes of complying with AB 32 and Executive Order S-03-05. Furthermore, California buildings standards and fuel economy standards have been established to help meet the State’s latest GHG reduction target goals through energy and mobile emissions reductions. The Project’s impact to climate change has been assessed in a detailed greenhouse gas impact analysis to be used for evaluation of the project under CEQA. The Project would be consistent with OSC- 10.1, OSC-10.2, OSC-10.3, and OSC-10.4. General GHG Reduction Implementation Actions o OSC62: Require new development projects and substantial redevelopment projects subject to CALGreen to provide proof of submittal of a Construction Waste Management Plan (CWMP). Project applicants should work with Riverside County Waste Management Department to prepare the CWMP. Require the CWMP to include control measures that will also protect air quality such as but not be limited to:  Minimizing simultaneous operation of multiple construction equipment units.  Implementation of South Coast Air Quality Management Plan (AQMP).  Fugitive Dust Control Measures.  Construction vehicle and equipment emissions standards and controls. Discussion: The Project will prepare a CWMP that will include control measures for reducing air quality emissions; including minimizing simultaneous operation of multiple construction equipment units, fugitive dust control measures, and the latest construction vehicle equipment emissions standards. The Project will also comply with the emissions thresholds and requirements established by SCAQMD to ensure compliance with the South Coast AQMP. The Project would be consistent with OSC62. I. HAZARDS AND HAZARDOUS MATERIALS 1. Transport, Use, or Disposal of Hazardous Materials Threshold a.: Would the Project create a significant hazard to the public or the DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 33 environment through the routine transport, use, or disposal of hazardous materials? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that the impacts related to hazards and hazardous materials – transport, use, or disposal of hazardous materials will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, p. 78) Explanation: The proposed Project could result in a significant hazard to the public if the project includes the routine transport, use, or disposal of hazardous materials or places housing near a facility which routinely transports, uses, or disposes of hazardous materials. The proposed Project is located within a primarily residential/commercial area of the City and is not located in an industrial area. The proposed Project does not place housing near any hazardous materials facilities. The routine use, transport, or disposal of hazardous materials is primarily associated with industrial uses that require such materials for manufacturing operations or produce hazardous wastes as by-products of production applications. The proposed Project does not propose or facilitate any activity involving significant use, routine transport, or disposal of hazardous substances as part of residential or commercial uses. During construction, there would be a minor level of transport, use, and disposal of hazardous materials and wastes that are typical of construction projects. This would include fuels and lubricants for construction machinery, coating materials, etc. Routine construction control measures and best management practices for hazardous materials storage, application, waste disposal, accident prevention and clean-up, etc. would be sufficient to reduce potential impacts to a less than significant level. With regard to Project operation, widely used hazardous materials common at residential and commercial uses include cleaners, pesticides, and food waste. The remnants of these and other products are disposed of as household hazardous waste that are prohibited or discouraged from being disposed of at local landfills. Regular operation and cleaning of the residences or commercial facilities would not result in significant impacts involving use, storage, transport or disposal of hazardous wastes and substances. Use of common household hazardous materials and their disposal does not present a substantial health risk to the community. Impacts associated with the routine transport and use of hazardous materials or wastes would be less than significant. 2. Handle Hazardous Materials Near Schools Threshold c.: Would the Project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? Finding: The City of Menifee finds based on the Final EIR and the whole of DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 34 the record that there will be no impacts related to hazards and hazardous materials – handle hazardous materials near schools. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, p. 79) Explanation: The following are the closest existing school to the Project site:  Heritage High School: located approximately 0.78 miles east of the Project site;  Harvest Valley Elementary School: located approximately 1.02 miles northeasterly of the Project site;  Boulder Ridge Elementary School: located approximately 1.34 miles southerly of the Project site;  Hans Christensen Middle School: located approximately 1.88 miles south-southwest of the Project site; and  Calvary Chapel Christian Academy: located approximately 0.61 miles westerly of the Project site. There are no existing schools located within one-quarter mile of the Project site. No elementary or middle school is proposed within one-quarter mile of the Project site. Perris Unified High School District (PUHSD) has identified a site for its 4th high school (High School #4). This school is currently proposed on 52-acres, located at the northwest corner of Wickerd and Leon Road, approximately 6.9 miles southerly of the Project site. Based on this information, the Project will not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. No impacts will occur. 3. Included on a List of Hazardous Materials Sites Threshold d.: Would the Project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that there will be no impacts related to hazards and hazardous materials – included on a list of hazardous materials sites. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, p. 80) Explanation: The proposed Project is not located on a site listed on the state Cortese List, a compilation of various sites throughout the state that have been compromised due to soil or groundwater contamination DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 35 from past uses. Based upon review of the Cortese List, the Project site is not:  Listed as a hazardous waste and substance site by the Department of Toxic Substances Control (DTSC);  Listed as a leaking underground storage tank (LUST) site by the State Water Resources Control Board (SWRCB);  Listed as a hazardous solid waste disposal site by the SWRCB;  Currently subject to a Cease and Desist Order (CDO) or a Cleanup and Abatement Order (CAO) as issued by the SWRCB; or  Developed with a hazardous waste facility subject to corrective action by the DTSC. Reference Figure 9-1, Geotracker; and Figure 9-2, Envirostor, of the Draft EIR. No impacts will occur. 4. Impair or Interfere with an Emergency Plan Threshold f.: Would the Project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to hazards and hazardous materials – impair or interfere with an emergency pan will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, pp. 81 and 82) Explanation: A limited potential exists to interfere with an emergency response or evacuation plan during construction. Construction work in the street associated with the Project will be limited to lateral utility connections (i.e., sewer) that will be limited to nominal potential traffic diversion. Control of access will ensure emergency access to the site and Project area during construction through the submittal and approval of a traffic control plan (TCP). Reference Standard Condition SC-TR-1. The TCP is designed to mitigate any construction circulation impacts. The TCP is a standard condition and is not considered unique mitigation under CEQA. Following construction, emergency access to the Project site and area will remain as was prior to the proposed Project. All Project elements, including landscaping, will be sited with sufficient clearance from the proposed buildings so as not to interfere with emergency access to and evacuation from the site. The proposed Project is required to comply with the California Fire Code as adopted by the Menifee Municipal Code. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 36 The Project will not impair implementation of or physically interfere with an adopted emergency response plan or evacuation plan, because no permanent public street or lane closures are proposed. Project impacts will be less than significant. 5. Transport, Use, or Disposal of Hazardous Materials Threshold g.: Would the Project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to hazards and hazardous materials – transport, use, or disposal of hazardous materials will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, pp. 4.6- 15 and 4.6-16, p. 4.6-19 for Standard Conditions) Explanation: The Project site is not located within an area identified as a very high fire hazard severity according to the 2008 CalFire maps utilized by the Fire Department. According to the General Plan, the California Department of Forestry and Fire Protection (Cal Fire) has recommended that the urban, low-lying areas in Menifee be classified as having a Moderate Fire Hazard. The topography of the Project site is relatively flat with natural gradients less than 2% to the south-southwest toward SR 74. The site elevation is approximately 1,468 – 1484 feet above mean sea level. According to Figure 4.6-1, Surrounding Topography, in the Draft EIR, there are no steep slopes within a one-quarter mile radius of the Project site. The closest steep slope is located approximately one (1) mile to north of the Project site. The Project will take access from existing roadways SR-74, Palomar Road and Junipero Road, and roadways that will be improved as part of the Project. These roadways will connect into part of an adopted emergency response plan/emergency evacuation plan, as implemented by the City of Menifee and County of Riverside. A limited potential exists to interfere with an emergency response or evacuation plan during construction. Construction work in the street associated with the Project will be limited to lateral utility connections (i.e., sewer) that will be limited to nominal potential traffic diversion. Control of access will ensure emergency access to the site and Project area during construction through the submittal and approval of a traffic control plan (TCP). Reference Standard Condition SC-TR-1. The TCP is designed to mitigate any construction circulation impacts. The TCP is a standard condition and is not considered unique mitigation under CEQA. Following construction, emergency DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 37 access to the Project site and area will remain as was prior to the proposed Project. Therefore, implementation of the Project will not substantially impair an adopted emergency response plan or emergency evacuation plan during construction or operations. Based on this information, the Project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. Any impacts will be less than significant. J. HYDROLOGY AND WATER QUALITY 1. Ground Water Quality Threshold a.: Would the Project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to hydrology and water quality – ground water quality will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, pp. 4.7-16 through 4.7-23, p. 4.7-32 for Standard Conditions) Explanation: The federal Clean Water Act (CWA) establishes the framework for regulating municipal storm water discharges (construction and operational impacts) via the National Pollutant Discharge Elimination System (NPDES) program. A project would have an impact on surface water quality if discharges associated with the project would create pollution, contamination, or nuisance as defined in Water Code Section 13050, or that cause regulatory standards to be violated as defined in the applicable NPDES storm water permit or Water Quality Control Plan for a receiving water body. Relative to this specific issue, a significant impact could occur if the Project would discharge water that does not meet the quality standards of the agencies that regulate surface water quality and water discharge into storm water drainage systems. Significant impacts could also occur if the project does not comply with all applicable regulations with regard to surface water quality as governed by the State Water Resources Control Board (SWRCB). These regulations include preparation of a Water Quality Management Plan (WQMP) to reduce potential post-construction water quality impacts. On January 29, 2010 the Santa Ana Regional Water Quality Control Board (SARWQCB) issued the 4th-term area wide NPDES and Municipal Separate Storm Sewer System Permit (MS4 Permit) to the DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 38 City of Menifee and other applicable Permittees. All new development in the City of Menifee is required to comply with provisions of the NPDES program, including Waste Discharge Requirements (WDR), and the City’s Municipal Separate Sewer Permit (MS4), Order No. R8-2010-0033, NPDES Permit No. CAS618033, as enforced by the SARWQCB. All design submittals and construction projects are required to conform to the permit requirements. Furthermore, all projects are required to install Best Management Practices (BMPs) in compliance with the 2010 SARWQCB permit. The Project site along with nearly all of the City of Menifee is located in the San Jacinto Sub-basin of the larger Santa Ana Watershed:  The Santa Ana River Watershed includes much of Orange County, the northwestern corner of Riverside County, part of southwestern San Bernardino County, and a small portion of Los Angeles County. The watershed is bounded by the Mohave watershed to the north, the Santa Margarita watershed to the south, the Salton Sea and Southern Mohave watersheds to the east, and the San Gabriel watershed to the west. The watershed covers approximately 2,800 square miles, with about 700 miles of rivers and major tributaries.  The San Jacinto River originates in the San Jacinto Mountains and flows some 42 miles west to Lake Elsinore; however, during flooding and heavy storms, Lake Elsinore overflows into Temescal Creek, which flows northwest and discharges into the Santa Ana River which ultimately discharges into the Pacific Ocean.  A relatively small area at the southeast corner of the City of Menifee is located in the Warm Springs Creek Sub-basin of the larger Santa Margarita Watershed. An exhibit of the regional drainage flows relative to the Project site is included as Figure 4.7-1, Project Site - Receiving Waters Map, of the Draft EIR. According to the Initial Study, the Project site consists of approximately 64 acres of vacant, undeveloped land located on the north side of State Route 74 (SR-74), extending from Palomar Road east to Menifee Road, in the northerly portion of the City of Menifee. The Project proposes to amend (Amendment No. 3) the existing Menifee North Specific Plan 260, Amendment No. 2, Substantial Conformance No. 1 (January 2016) as detailed in various portions of this report. Briefly, the Project proposes to change the existing land use designations for Planning Areas 11, 12, 13, and 14 from the existing Business Park, Commercial Business Park, and Commercial land uses to accommodate Very High Density DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 39 Residential, Commercial / Very High Density Residential, and Commercial uses. As proposed, the Project would significantly reduce the amount of Business Park development previously envisioned for the Project site while adding the potential for 721 very high density residential dwelling units. The Project site is currently comprised of thirteen (13) Assessor’s parcels further identified as 329-090-025, 026, 069, 070, 071, and 072; and 329-100-025, 026, 027, 030, 031, 033 and 034. Historically (from at least 1938 to at least 1967), the Project site was used for agricultural “dry farming” purposes (cereal grain crops), and an older single-family dwelling plus outbuildings were previously located on APNs 329-090-025 and 026 at the southeast corner of the site (shown in 1938 Aerial Photo; razed prior to 1978 Aerial Photo). Additional evidence of agricultural “dry farming: use (barley) during 2015 and 2017. At present, the site is fallow (no agricultural activities). There is no evidence of wells on the Project site. The Project site is relatively flat and at street grade with a gentle gradient of less than 2% to the southwest. On-site elevations range from approximately 1,465 feet above mean sea level (AMSL) at the southwest corner to 1,495 feet AMSL at the northeast corner. At present, the Project site is vacant, undeveloped land with a 100 percent pervious earthen surface. On-site stormwater runoff currently surface flows in a south/southwest direction towards Highway 74. Reference Figure 4.7-1, of the Draft EIR. There is an earthen swale extending along the Project site’s SR-74 frontage with two road under crossings; one is located toward the middle section of the Project site, in the vicinity of the SCE overhead transmission line easement, and the second is located at the intersection of SR-74 and Palomar Road. Surface flows are then picked up by the existing portion of the Line A storm water channel (concrete lined) which starts approximately one-half (½) mile south of SR-74, just south of the intersection of Palomar Road and Case Road. Line A (existing portion) extends approximately 1½ miles west from its starting point near the intersection of Palomar Road and Case Road to Interstate 215 (undercrossing), then another ±1½ mile northwest to its confluence with the San Jacinto River (Reach 3). Drainage flows within Reach 3 of the San Jacinto River are carried southwest to Canyon Lake, then from Canyon Lake via Reach 1 of the San Jacinto River to Lake Elsinore, as depicted on Figure 4.7- 1, of the Draft EIR. It is further noted, during flooding and heavy storms, Lake Elsinore overflows into Temescal Creek, which flows northwest and discharges into the Santa Ana River which ultimately discharges into the Pacific Ocean as a component of the Santa Ana DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 40 Watershed. The master drainage plan developed by the Project applicant during the original Specific Plan (SP 260) approval has been adopted by the Romoland/Homeland Area Drainage Plan and is now part of the larger plan. The Romoland/Homeland Area Drainage Plan (ADP) is a 17.7 square mile drainage area bounded by Mapes Road to the north, Rouse Road and the Double Butte Mountains to the south, a divide in the Lakeview Mountains to the east, and the San Jacinto River to the west. The ADP encompasses unincorporated lands within the County of Riverside, portions of the City of Perris and portions of the City of Menifee. Currently, the area covered by the ADP is located within the Third and Fifth Supervisorial Districts and includes the communities of Homeland and Romoland. The ADP is a financing mechanism used to fund construction of new or improved drainage facilities. ADP fees are imposed on new land development activity within the ADP area. The Subdivision Map Act requires that agencies imposing fees have a general drainage plan for the fee area, a special fund for the fees, and an equitable distribution of the fees prior to implementation. Reference Figure 4.7-3, Menifee North Specific Plan - Drainage Exhibit, of the Draft EIR. Figure 4.7-3 outlines the proposed storm drain system within the larger Menifee North Specific Plan (SP 260) inclusive of the Project site. Off-site flows will be intercepted at existing drainage courses where possible, and if necessary, drainage swales will be constructed to concentrate all off-site drainage at proposed inlets on the Project site’s north boundary. The ADP anticipates the construction of storm drain facilities north of SP260 to reduce some of the run-off tributary to the north boundary of the Project. Since these off-site facilities are not constructed yet, SP260 is responsible to intercept the run-off at its existing conditions. Due to increased run-off in Lines A-3 and A-1, on-site retention basins are proposed in order to reduce flows to designed run-off per the ADP. Lines 1 and 4 will be constructed per the ADP. A portion of Line A within the SP260 area has already been built and will be utilized in the Specific Plan. On-site regional drainage facilities could be required if storm water exceeds street capacities. The actual size and location of the on-site storm drain system will be determined during design stage of on-site improvement plans. Segments of the ADP will be constructed by development, as development occurs in the area. As detailed in the Drainage Study (Appendix G of the Draft EIR), the Project will be required to reserve area for the Line A-3 channel along its northern edge, and a box culvert would be developed DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 41 within in Palomar Road along the Project site’s western edge. The northern channel will protect the Project site from flows originating from the north (point 106) in the interim and ultimate condition. Channel A-3 will eventually protect the site from the majority of flows originating from the east (point 206) when it is extended easterly. In both the existing and ultimate conditions there will remain a concentration of flow at the southeast corner of the property (point 206) with the ultimate condition being a significantly reduced flow from just the areas south of Line A-3. On-site drainage conditions detailed in the Drainage Study, indicate that probable limited infiltration rates estimated at less than 1.6 inches per hour will result in an increase in downstream runoff volume in both the interim (existing) and ultimate conditions. However, as the larger Menifee North Specific Plan (SP 260) inclusive of the Project site is within the Homeland Romoland ADP, it will discharge developed flows into lines designed in accordance with the ADP:  The Project will provide bio retention basins with underdrains to treat the volume required to meet water quality standards;  The increased runoff will continue to the south eventually joining the Line A system;  The discharged water, while increased in volume, shall be cleaned through the system of basins as to not degrade the water quality of Canyon Lake. With the existing condition outlet at the midpoint of the southern boundary (point 107) the interim condition could be allowed to discharge to that same point but would require detention basins of sufficient size to mitigate the increased runoff from the developed property. These basins would be temporary until the ADP is implemented. Upstream facilities will protect the Project site from offsite flows, and downstream facilities provide an outlet for Project runoff, or a combination of the two. In the ultimate condition, the Line A-3 channel along the northern boundary would accept and route offsite flows to the west where it would be carried by box culvert to Line A. The Project site would only be required to mitigate onsite water quality requirements, and developed flows could outlet to Line A-3. At the time tract and site plans are designed and submitted for approval, detailed analysis of existing conditions would need to be prepared, including documentation of what ADP facilities have been installed or will be installed by the Project or by other development. Construction Impacts Future development within the Project site boundary involving DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 42 clearing and grading phases would disturb surface soils along with a modest amount of low lying vegetation, potentially resulting in erosion and sedimentation. If left exposed and with no vegetative cover, the Project site’s bare soil would be subject to wind and water erosion. These future building construction activities will be subject to further City of Menifee development approvals at the time the applications are filed. Operational Impacts As discussed, the Project proposes to amend (Amendment No. 3) the existing Menifee North Specific Plan 260, Amendment No. 2, Substantial Conformance No. 1 (January 2016), by changing the existing land use designations for Planning Areas 11, 12, 13, and 14 from the existing Business Park, Commercial Business Park, and Commercial land uses to accommodate Very High Density Residential, Commercial / Very High Density Residential, and Commercial uses. As proposed, the Project would significantly reduce the amount of Business Park development previously envisioned for the Project site while adding the potential for 721 very high density residential dwelling units. The Project’s proposed land use amendment does not include a project-specific development component. Future development within the Project site involving more than one acre of ground disturbance is subject to NPDES permit requirements for the preparation and implementation of a project-specific Storm Water Pollution Prevention Plan (SWPPP). Adherence to NPDES permit requirements and the measures established in the SWPPP are routine actions conditioned by the City and will ensure applicable water quality standards are appropriately maintained during future construction activities within the Project site boundaries. The proposed Project site specific plan amendment has been reviewed and conditioned by the City of Menifee Engineering Department, to mitigate any potential impacts through site design, compliance with the SP 260 Drainage Study, the larger Romoland/Homeland ADP, and the Project Drainage Study (Appendix G of the Draft EIR), the preparation of future project- specific WQMPs within the Project site boundaries, and adherence to the requirements of the NPDES. Standard Conditions SC-HYD-1 (Site Drainage Plan), SC-HYD-1 (SWPPP), SC-HYD-3 (WQMP), are required in order to ensure that the Project’s potential impacts to hydrology and water quality resources would remain less than significant. Standard Conditions SC-HYD-1 through SC-HYD-3 are not considered unique mitigation under CEQA. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 43 All wastewater associated with the Project’s interior plumbing systems will be discharged into the local sewer system for treatment at the regional wastewater treatment plant. Standard Condition SC-HYD-5, as outlined in Subsection 4.7.5 of the Draft EIR, is required in order to ensure that the Project’s potential impacts to water quality resources (waste discharge requirements) would remain less than significant. Standard Condition SC-HYD-5 is not considered unique mitigation under CEQA. Therefore, the proposed Project will not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality. Any impacts will be less than significant. 2. Groundwater Management Threshold b.: Would the Project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the Project may impede sustainable groundwater management of the basin? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that impacts related to hydrology and water quality – groundwater management will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, p. 86) Explanation: If the Project removes an existing groundwater recharge area or substantially reduces runoff that results in groundwater recharge such that existing wells will no longer be able to operate, a potentially significant impact could occur. The Project site is located in the Menifee Hydrologic Subarea (HSA) within the Perris Hydrologic Area of the San Jacinto Valley Hydrolic Unit. The Geo Evaluation noted that groundwater at the site is more than 51.5 feet below ground surface (bgs), and that regional groundwater is at least 100’ bgs. Project-related grading will not reach these depths and no disturbance of groundwater is anticipated. The proposed residential and commercial building footprints, roadways and other hardscape will increase on-site impervious surface coverage thereby reducing the total amount of infiltration on-site. However, these Project impacts will not be at depths sufficient to deplete groundwater supplies or interfere substantially with groundwater recharge. This site is not managed for groundwater supplies; and this change in infiltration will not have a significant effect on groundwater table level. The Project will not result in a net deficit in aquifer volume or a lowering of the local groundwater table level. Impacts will be less than significant. 3. Erosion or Siltation Threshold c.i.: Would the Project substantially alter the existing drainage pattern DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 44 of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on- or off-site? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to hydrology and water quality – erosion or siltation will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, pp. 4.7-23 through 4.7-28, p. 4.7-32 for Standard Conditions) Explanation: Please reference the discussion set forth in Threshold a., relative to the Project site’s interim (existing) and ultimate drainage conditions as a portion of SP 260 and in the context of the larger approved Romoland/Homeland ADP which ensures that the Project will not substantially alter the existing drainage pattern of the site or the area. There are no streams or rivers within, contiguous to, or adjacent to the Project site. As depicted on Figure 4.7-4, Topography Map, of the Draft EIR, there are no blue line streams proximate to the Project site which is surrounded by extensive expanses of a large alluvial plain within the Perris Valley. The closest blue line stream is located approximately one and one-half (1½) miles southeast of the Project site at the base of the Double Butte hillsides; followed by the San Jacinto River located approximately two and three-quarter (2¾) miles northwest of the Project site. Potential future impacts include both construction and operational phases of project-specific development within the Project site boundaries. During construction activities 1) soil would be exposed and disturbed, 2) drainage patterns would be temporarily altered during grading and other construction activities, and 3) there would be an increased potential for soil erosion and siltation compared to existing conditions. Additionally, during a storm event, soil erosion and siltation could occur at an accelerated rate. In comparison with existing conditions, future project-specific development within the Project site boundaries would cause the Project site surface area to be more impervious than the current site condition. Under current conditions, the Project site consists of 100% pervious surfaces. The Project will utilize a combination of detention and bioretention basins with underdrains to detain, treat, and safely outlet future project-specific post development runoff within the Project site boundaries. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 45 At the time of final site design for project-specific development within the Project site boundaries, Drainage Management Areas (DMA) and basins will be analyzed and designed using the criteria outlined in the Draft EIR. It can be assumed that basins will be placed along the southern border of the site, and possibly the Planning Areas, with ultimate outlets at the existing crossing of SR- 74 (Ethanac Road) in the middle of the southern border, and the southwestern corner into Line A-3. As discussed, on-site stormwater runoff currently surface flows in a south/southwest direction towards SR-74. There is an earthen swale extending along the Project site’s SR-74frontage with two road under crossings; one is located toward the middle section of the Project site, in the vicinity of the SCE overhead transmission line easement, and the second is located at the intersection of SR- 74 and Palomar Road. Surface flows are then picked up by the existing portion of the Line A storm water channel (concrete lined) which starts approximately one-half (½) mile south of SR-74, just south of the intersection of Palomar Road and Case Road. The proposed future improvements will preserve the current flow patterns. It is noted, project-specific development within the Project site boundaries will provide drainage facility improvements in compliance with SP 260 and the larger Romoland/Homeland ADP that will result in a benefit to on- and off-site erosion and siltation conditions, as no such facilities currently exist on the Project site. Standard Conditions SC-HYD-1 (Site Drainage Plan), SC-HYD-1 (SWPPP), SC-HYD-3 (WQMP), and SC-HYD-4 (Storm Drainage Facilities) are required in order to ensure that the Project’s potential impacts to hydrology and water quality resources would remain less than significant. Standard Conditions SC-HYD-1 through SC-HYD- 4 are not considered unique mitigation under CEQA. Therefore, the Project will not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on- or off-site. Any impacts will be less than significant. 4. Flooding On- or Off-Site Threshold c.ii.: Would the Project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite? Finding: The City of Menifee finds based on the Final EIR and the whole of DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 46 the record that impacts related to hydrology and water quality – flooding on- or off-site will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, pp. 4.7-28 through 4.7-29) Explanation: Future project-specific development within the Project site boundaries would increase the impervious surface area from zero percent (0%) at present, to an estimated 80% for the proposed Very High Density Residential land use within Planning Area 11 (PA 11), an estimated 90% for the proposed Commercial land uses within PAs 12, 13 and 14, and 95% for Roads and Right-of-Way areas upon completion of construction. As set forth in the Drainage Study (Appendix G of the Draft EIR), the Project site has a mix of soil types, but based on preliminary review, the Project site is anticipated to exhibit inadequate infiltration rates varying from 0.2 to 1.98 inches per hour (0.2-1.98 in./hr.). As such, bio-retention basins will be the preferred method of water quality treatment. It is noted, the required minimum for infiltration is 1.6 in./hr., so the project-specific developments within the Project site boundaries will need to prepare detailed infiltration testing at the proposed locations of the respective basins with site design to confirm viability of infiltration. Future project-specific development within the Project site boundaries will be required to meet the design standards set forth in the SP 260 Drainage Study and in conjunction with the larger Romoland/Homeland ADP. This will ensure that the Project will not adversely impact downstream properties. The Project will utilize a combination of detention and bioretention basins with underdrains to detain, treat, and safely outlet future project-specific post development runoff within the Project site boundaries. The required water quality volumes to be treated are discussed under Threshold c.i., and the total water quality volumes by Planning Area are set forth in Table 4.7-3, of the Draft EIR. At the time of final site design for project-specific development within the Project site boundaries, Drainage Management Areas (DMA) and basins will be analyzed and designed using the criteria set forth in Table 4.7-3, of the Draft EIR. Further, it can be assumed that basins will be placed along the southern border of the Project site, and possibly the Planning Areas, with ultimate outlets at the existing crossing of Highway 74 (Ethanac Road) in the middle of the southern border, and the southwestern corner into Line A-3. With the implementation of the on-site detention and bioretention basins and compliance with the SP 260 Drainage Study and larger Romoland-Homeland ADP, impacts related to the alteration of the existing drainage pattern in a manner that would result in on- or off- DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 47 site flooding would be less than significant. It is noted that the Project will result in a benefit to water quality, as no such facilities currently exist on the Project site. Therefore the Project will not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite. Any impacts will be less than significant. 5. Polluted Runoff Threshold c.iii.: Would the Project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that impacts related to hydrology and water quality – polluted runoff will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, p. 4.7-29) Explanation: Please reference the discussion set forth in Thresholds a., c.i. and c.ii., relative to the Project site’s interim (existing) and ultimate drainage conditions as a portion of SP 260 and in the context of the larger approved Romoland/Homeland ADP which ensures that the Project will not substantially alter the existing drainage pattern of the site or the area. While development of the proposed Project would increase the impervious area on the Project site from zero percent (0%) to an estimated 80%, 90% and 95% depending on land use, the project- specific development within the Project site boundaries will be required and conditioned to provide WQMP hydrology improvements designed such that the Project will not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. Any impacts will be less than significant. 6. Impervious Surfaces Threshold c.iv.: Substantially alter the existing drainage pattern of the site or area, DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 48 including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would impede or redirect flood flows? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that impacts related to hydrology and water quality – impervious surfaces will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, p. 4.7-30) Explanation: As discussed, in the existing undeveloped condition, storm water runoff at the Project site sheet flows generally south-southwest direction towards SR-74. There is an earthen swale extending along the Project site’s SR-74frontage with two road under crossings; one is located toward the middle section of the Project site, in the vicinity of the SCE overhead transmission line easement, and the second is located at the intersection of SR-74and Palomar Road. Surface flows are then picked up by the existing portion of the Line A storm water channel (concrete lined) which starts approximately one-half (½) mile south of SR-74, just south of the intersection of Palomar Road and Case Road. The combination of probable limited infiltration rates at less than 1.6 inches per hour and the significant increase in impervious area onsite will result in an increase in downstream runoff volume in both the interim (existing) and ultimate conditions. However, as the larger Menifee North Specific Plan (SP 260) inclusive of the Project site is within the Homeland Romoland ADP, it will discharge developed flows into lines designed in accordance with the ADP:  The Project will provide bio retention basins with underdrains to treat the volume required to meet water quality standards;  The increased runoff will continue to the south eventually joining the Line A system;  The discharged water, while increased in volume, shall be cleaned through the system of basins as to not degrade the water quality of Canyon Lake. With the existing condition outlet at the midpoint of the southern boundary (point 107) the interim condition could be allowed to discharge to that same point but would require detention basins of sufficient size to mitigate the increased runoff from the developed property. These basins would be temporary until the ADP is implemented. Upstream facilities will protect the Project site from offsite flows, and downstream facilities provide an outlet for Project runoff, or a combination of the two. In the ultimate condition, the Line A-3 channel along the northern boundary would accept and route offsite flows to the west where it would be carried by box culvert to Line A. The Project site would only be required to mitigate onsite water quality requirements, and developed flows could outlet to Line A-3. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 49 At the time that implementing projects (i.e., tract maps and/or and Development Plans) are designed and submitted for approval, detailed analysis of existing conditions would need to be prepared, including documentation of what ADP facilities have been installed or will be installed by the Project or by other development. Therefore, the Project specific plan amendment will not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would impede or redirect flood flows. Any impacts will be less than significant. 7. Project Inundation Threshold d.: Would the Project in flood hazard, tsunami, or seiche zones, risk release of pollutants due to Project inundation? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to hydrology and water quality – project inundation will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, p. 4.7-31, p. 4.7-32 for Standard Conditions) Explanation: According to Figure 4.7-2a, FEMA FIRM Map Panel 2060 and Figure 4.7-2b, Area Revised by Letter of Map Revision (LOMR), of the Draft EIR, a portion of the southeasterly corner of the Project site (por. APN 329-090-026) is located in “Zone A” (Special flood hazard areas subject to inundation by the 1% annual chance flood). The balance of the site is not within a designated flood area. Any proposed project-specific building development located with the Zone A boundary will be required to be raised one-foot above the flow line which will reduce the impact to a less than significant level. Reference Standard Condition SC-HYD-6. The Project site is located approximately 35 miles from the nearest coastline; therefore, there is no risk associated with tsunamis. A seiche is a run-up of water within a lake or embayment triggered by fault- or landslide induced ground displacement. There are no lakes in the vicinity of the Project site (the Project site is located approximately 6½ miles south of Lake Perris and 6½ miles northwest of Diamond Valley Lake); therefore, the potential for seiches to occur does not exist. Based on the above, the risk of pollutant release due to Project inundation caused by a flood, tsunami, or seiche is less than significant. 8. Conflict with Plans DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 50 Threshold e.: Would the Project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that impacts related to hydrology and water quality – conflict with plans will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, p. 4.7-31) Explanation: The Project Drainage Study (Appendix G of the Draft EIR) has been prepared specifically to comply with the requirements of the SP 260 Drainage Plan, the larger Romoland/Homeland Area Drainage Plan (ADP), the City of Menifee, and the County of Riverside for Ordinance No. 754.2 which includes the requirement for the preparation and implementation of a project-specific WQMP. The Project site is located in the Santa Ana Region Watershed, within the jurisdiction of the Santa Ana Regional Board, where discharges from Riverside County’s Phase I MS4s are regulated through the Riverside County MS4 Permit (Order No. R8-2010- 0033 NPDES No. CAS618033, as amended by Order No. R8-2013- 0024) pursuant to section 402(p) of the Federal Clean Water Act. With adherence to, and implementation of the conclusions and recommendations set forth in the Project Drainage Study (Appendix G of the Draft EIR) the Project specific plan amendment will not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. Any impacts will be less than significant. K. LAND USE AND PLANNING 1. Divide an Established Community Threshold a.: Would the Project physically divide an established community? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that impacts related to land use and planning – divide an established community will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, p. 93) Explanation: The Project site is bounded as follows: Menifee North Specific Plan (MNSP) Planning Area (PA) 9 and PA10 to the immediate north and some Rural Residential uses to the north of PA9 and PA10; Highway 74 to the immediate south and business park and public facilities uses south of Highway 74; Menifee Road, Rural Residential uses, and vacant land to the east; and Palomar Road to the immediate west and MNSP PA7A, PA7B, and PA8 to the west of Palomar Road. The Project site is located in the City of Menifee, County of Riverside, State of California. Reference Figure 1, Regional Location Map, and Figure 2, Vicinity Map in the Initial DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 51 Study. Based on a review of the General Plan Land Use Map (Figure 3, General Plan Land Use Designations in the Initial Study), the proposed Project will be consistent and compatible with the proposed surrounding land uses in terms of height, massing, intensity of development, and nature of development. Based on this consistency and compatibility, the Project will not divide an established community. Lastly, the Project does not propose construction of any roadway, flood control channel, or other structure that will physically divide any portion of the community – as it exists, or in the future. Any impacts are considered less than significant. 2. Conflict with Plans Threshold b.: Would the Project cause a significant environmental impact due to a conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction adopted for the purpose of avoiding or mitigating an environmental effect? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that impacts related to land use and planning – conflict with plans will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, pp. 4.8-8 through 4.8-12) Explanation: Menifee General Plan/Zoning Specific Plan No. 260, Amendment No. 3 (SP260, A3) proposed the following modifications to the Specific Plan Land Use Plan Planning Areas (PA):  Planning Area 11 (PA11) would be realigned along its southern boundary and re-designated from Business Park land uses to Very High Density Residential and would be split into two (2) subareas, 11A and 11B. Subarea 11A has an area of 19.56 acres and is located west of Junipero Road. Subarea 11B has an area of 9.79 acres and is located east of Junipero Road and will include a portion of the existing Southern California Edison (SCE) easement that had not previously been given a specific planning area designation.  Planning Area 12 (PA12) would be realigned to a newly created area between PA11 and PA13 and re-designated from the current Business Park and Commercial Business Park land use to Commercial / Very High Density Residential land uses. Two (2) subareas are proposed, 12A and 12B. Subarea 12A has an area of 6.14 acres and is located west of Junipero Road. Subarea 12B has an area of 3.06 acres and is located east of Junipero Road and includes a portion of the existing SCE DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 52 easement that had not previously been given a specific planning area designation.  Planning Area 13 (PA13) would be realigned along its northern boundary and re-designated from Commercial Business Park to Commercial and would be split into two (2) subareas, 13A and 13B. Subarea 13A has an area of 10.23 acres and is located west of Junipero Road. Subarea 13B has an area of 5.19 acres and is located east of Junipero Road and includes a portion of the existing SCE easement that had not previously been given a specific planning area designation.  Planning Area 14 (PA14) would retain a Commercial designation but would be reduced in acreage from 11.7 to 9.27 by redistributing areas into Planning Areas 12B and 13B. Reference Figure 2-1, Existing and Proposed Land Uses, provided in Chapter 2 of the Draft EIR. Detailed descriptions of each change that is proposed by SP 260, A3 are provided in Table 3-1, SP260, A3 Land Use Summary, provided in Chapter 3 of the Draft EIR. It should be noted that, as a worst-case scenario, 246,312 square feet of commercial uses and 637 multi-family dwelling units were utilized in the analysis of the Draft EIR. The Project is consistent with General Goals and Policies listed in Section 4.8.2.2, Regional and Local, City of Menifee General Plan (Environmental Setting) of the Draft EIR. The Goals and Polices listed in this Section are those that are applicable from the General Plan as they relate to Land Use and Planning. Based on the consistency with the existing and proposed surrounding development pattern, as well as consistency with the applicable General Plan Goals and Policies, and consistency with the Specific Plan (as amended), any land use conflicts with the General Plan or zoning from the Project are considered less than significant. 2016 RTP/SCS The proposed non-agricultural General Plan Land Use designation and zoning classification were not anticipated or analyzed in the GPEIR and therefore, were not anticipated or analyzed in the 2016 RTP/SCS. The guiding policies for the 2016 RTP/SCS are intended to help focus future investments on the best-performing projects and strategies to preserve, maintain and optimize the performance of the existing transportation system. Two additional guiding policies have been added since 2012. The first addition (Guiding Policy 6) addresses emerging technologies and the potential for such DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 53 technologies to lower the number of collisions, improve traveler information, reduce the demand for driving alone and lessen congestion related to road incidents and other non-recurring circumstances (a car collision, for example). The second addition (Guiding Policy 7) recognizes the potential for transportation investments to improve both the efficiency of the transportation network and the environment. Table 4.8-2, RTP/SCS Goals, of the Draft EIR lists the 9 Goals contained in the 2016 RTP/SCS and the Project’s relationship to these Goals. As demonstrated in Table 4.8-2, the Project is consistent with these Goals. Any impacts from the Project are considered less than significant. Table 4.8-3, RTP/SCS Policies, of the Draft EIR lists the 8 Policies contained in the 2016 RTP/SCS and the Project’s relationship to these Policies. As demonstrated in Table 4.8-3, the Policies are not applicable to the Project. These Policies are geared more to the regional and sub-regional level. No impact will occur. According to Section 3.11, Land Use and Planning of the Final PEIR for the 2016 RTP/SCS, one project-level performance standards- based mitigation measure was identified (below) in response to the question raised in this Threshold. SCAG indicated in their comment letter on the NOP, that mitigation measures “may be considered by the City, as applicable and feasible.” “MM-LU-1(b): Consistent with the provisions of Section 15091 of the State CEQA Guidelines, SCAG has identified mitigation measures capable of avoiding or reducing the significant effects regarding the potential to conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project that are within the jurisdiction and responsibility of local jurisdictions and Lead Agencies. Where the Lead Agency has identified that a project has the potential for significant effects, the Lead Agency can and should consider mitigation measures to ensure compliance with the goals and policies established within the applicable adopted county and city general plans within the SCAG region to avoid conflicts with zoning and ordinance codes, general plans, land use plan, policy, or regulation of an agency with jurisdiction over the project, as applicable and feasible. Such measures may include the following, or other comparable measures identified by the Lead Agency:  Where an inconsistency with the adopted general plan is identified at the Project location, determine if the environmental, social, economic, and engineering benefits of the project warrant a variance from adopted zoning or an amendment to the general plan.” DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 54 Given that the Project was not anticipated under the existing General Plan land use designation, the proposed land uses would intensify the development and associated population projections planned for under the City’s General Plan. Therefore, the Project would conflict with and exceed the assumptions used to develop the RTP/SCS. This land use inconsistency can only be corrected when the Southern California Association of Governments (SCAG) updates growth projections after the Project has been approved. In the interim, Project consistency with the RTP/SCS (see Table 4.8- 2, RTP/SCS Goals, of the Draft EIR) demonstrates that Project impacts will be considered less than significant impact. As discussed in the other Subchapters of the Draft EIR, the environmental, social, economic, and engineering benefits of the Project warrant the requested changes to the and zoning classification. Any impacts are considered less than significant. L. MINERAL RESOURCES 1. Loss of a Known Regional Mineral Resource Threshold a.: Would the Project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that there will be no impacts related to mineral resources – loss of a known regional mineral resource. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, pp. 96 through 97) Explanation: The California Geological Survey Mineral Resources Project provides information about California’s non-fuel mineral resources. The Mineral Resources Project classifies lands throughout the state that contain regionally significant mineral resources, as mandated by the Surface Mining and Reclamation Act (SMARA) of 1975. Non-fuel mineral resources include metals such as gold, silver, iron, and copper; industrial metals such as boron compounds, rare-earth elements, clays, limestone, gypsum, salt and dimension stone, and construction aggregate, including sand, gravel, and crushed stone. Development generally results in a demand for minerals, especially construction aggregate. Urban preemption of prime deposits and conflicts between mining and other uses throughout California led to passage of the SMARA, which requires all cities and counties to incorporate in their general plans the mapped designations approved by the State Mining and Geology Board. The classification process involves the determination of Production- Consumption (P-C) Region boundaries, based on identification of active aggregate operations (production) and the market area DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 55 served (Consumption). The P-C regional boundaries are modified to include only those portions of the region that are urbanized or urbanizing and are classified for their aggregate content. An aggregate appraisal further evaluates the presence or absence of significant sand, gravel, or stone deposits that are suitable sources of aggregate. The classification of these mineral resources is a joint effort of the state and the local governments. It is based on geologic factors and requires that the State Geologist classify the mineral resources area as one of the four Mineral Resource Zones (MRZs), Scientific Resource Zones (SZ), or Identified Resource Areas (IRAs), described below:  MRZ-1: A Mineral Resource Zone where adequate information indicates that no significant mineral deposits are present or likely to be present.  MRZ-2: A Mineral Resource Zone where adequate information indicates that significant mineral deposits are present, or a likelihood of their presence and development should be controlled.  MRZ-3: A Mineral Resource Zone where the significance of mineral deposits cannot be determined from the available data.  MRZ-4: A Mineral Resource Zone where there is insufficient data to assign any other MRZ designation.  SZ Areas: Containing unique or rare occurrences of rocks, minerals, or fossils that are of outstanding scientific significance shall be classified in this zone.  IRA Areas: County or State Division of Mines and Geology Identified Areas where adequate production and information indicates that significant minerals are present. As part of the classification process, an analysis of site specific conditions is utilized to calculate the total volume of aggregates within individually identified Resource Sectors. Resource Sectors are those MRZ-2 areas identified as having regional or statewide significance. Anticipated aggregate demand in the P-C Regions for the next 50 years is then estimated and compared to the total volume of aggregate reserves identified within the P-C Region. The City of Menifee is in the San Bernardino P-C Region, in which aggregate mineral resource zones were last mapped by the California Geological Survey in 2008. The following MRZs are mapped in the City of Menifee (reference Figure 5.11-1, Mineral Resource Zones of the GPEIR).  MRZ-1: 308 acres in northwest part of City near the northwest corner of Sun City.  MRZ-3: 22,017 acres, almost three-quarters of the City. Most of the eastern, southern, and northwestern parts of the City are designated MRZ-3. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 56  Urban Area: 7,488 acres consisting of most of the central and north-central and parts of the western portion of the City. Urban areas are not defined as mineral resource zones because mining in these areas is already precluded by urban development. The proposed Project site is located in a predominately- suburbanized area to the north, south, and west, and agricultural uses to the east. As stated in the GPEIR, no known significant mineral resources have been designated in the City of Menifee. The Project site is located in the MR-Z-3 Zone. The only areas in the San Jacinto Basin that have been designated MRZ-2 - that is, where significant mineral resources are known to exist or are considered very likely to exist - are two areas northwest of Lake Elsinore totaling approximately 465 acres, approximately six miles west of the City’s western boundary. There are no mineral extraction or process facilities on or near the site. No mineral resources are known to exist within the vicinity. Therefore, the Project will not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. No impacts will occur. 2. Loss of a Known Locally-Important Mineral Resource Threshold b.: Would the Project result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that impacts related to mineral resources – loss of a known locally-important mineral resource will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, pp. 97 through 98) Explanation: Please reference the discussion in Threshold a. There are no mineral extraction or process facilities on or near the site. No mineral resources are known to exist within the vicinity. Therefore, the Project will not result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan. No impacts will occur. M. POPULATION AND HOUSING 1. Population Growth Threshold a.: Would the Project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure? DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 57 Finding: The City of Menifee finds based on the Final EIR and the whole of the record that impacts related to population and housing – population growth will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, pp. 4.10-7 through 4.10-11 and FEIR Errata pp. 3-5 and 3-6) Explanation: In order to develop the Project, the following land use entitlement must be obtained from City: Menifee North Specific Plan 260, Amendment No. 3 (2010-090) Specific Plan No. 260, Amendment No. 3 (SP260, A3) proposed the following modifications to the Specific Plan Land Use Plan Planning Areas (PA):  Planning Area 11 (PA11) would be realigned along its southern boundary and re-designated from Business Park land uses to Very High Density Residential and would be split into two (2) subareas, 11A and 11B. Subarea 11A has an area of 19.56 acres and is located west of Junipero Road. Subarea 11B has an area of 9.79 acres and is located east of Junipero Road and will include a portion of the existing Southern California Edison (SCE) easement that had not previously been given a specific planning area designation.  Planning Area 12 (PA12) would be realigned to a newly created area between PA11 and PA13 and re-designated from the current Business Park and Commercial Business Park land use to Commercial / Very High Density Residential land uses. Two (2) subareas are proposed, 12A and 12B. Subarea 12A has an area of 6.14 acres and is located west of Junipero Road. Subarea 12B has an area of 3.06 acres and is located east of Junipero Road and includes a portion of the existing SCE easement that had not previously been given a specific planning area designation.  Planning Area 13 (PA13) would be realigned along its northern boundary and re-designated from Commercial Business Park to Commercial and would be split into two (2) subareas, 13A and 13B. Subarea 13A has an area of 10.23 acres and is located west of Junipero Road. Subarea 13B has an area of 5.19 acres and is located east of Junipero Road and includes a portion of the existing SCE easement that had not previously been given a specific planning area designation.  Planning Area 14 (PA14) would retain a Commercial designation but would be reduced from 11.7 acres to 9.27 acres by redistributing areas into Planning Areas 12B and 13B. Reference Figure 2-1, Existing and Proposed Land Uses, provided in Chapter 2 of the Draft EIR. Detailed descriptions of each change that is proposed by SP 260, A3 are provided in Table 3-1, SP260, A3 Land Use Summary, provided in Chapter 3 of the Draft EIR. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 58 The existing SCE easement is being included within Planning Areas 11, 12 and 13 in this amendment. Development will have to conform with all applicable SCE easement restrictions. The easement area shall be allowed to be used in required landscape and open space areas, retention and detention basins, and for passive recreation uses. Upon approval of SPA 260, A3, total dwelling unit count shall increase by 721 units, based on maximum potential dwelling units in Planning Areas 11 and 12. It should be noted that, as a worst- case scenario, 246,312 square feet of commercial uses and 637 multi-family dwelling units were utilized in the analysis of the Draft EIR. The proposed Project would result in the development of 637 multi- family units. At 3.6 persons per household, per US Census ACS 5- year Estimates, it is anticipated that the Project would result in a direct population increase of approximately 2,293 persons at Project buildout. The 2,293 potential new residents that would be created by the proposed residential development was not anticipated to be within the growth assumptions estimated in the SCAG RTP/SCS. The addition of 637 multi-family units will therefore result in the potential for 2,293 new residents. Some of the growth associated with the Project will be a result of relocation within the region, from outside the region and through birth. Table 4.10-4, Project Population Relationship to City of Menifee and Riverside County (2019 and 2040), of the Draft EIR, shows the numbers and percentages of increases that will result from the Project in relation to estimated 2019 population and projected 2040 population. The Project represents a 2.45% increase in population over estimated 2019 population and a 1.89% increase in population over projected 2040 population in the City of Menifee and represents a 0.094% increase in population over estimated 2019 population and a 0.073% increase in population over projected 2040 population in Riverside County. These increases are incremental increases to population; however, due to their small percentage in relation to the City and County, they are not considered substantial increases to population. Any impacts from the Project are considered less than significant. Table 4.10-5, Project Household Relationship to City of Menifee and Riverside County (2019 and 2040), of the Draft EIR, shows the numbers and percentages of increases that will result from the Project in relation to estimated 2019 households and projected DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 59 2040 households. The Project represents a 1.83% increase in households over 2019 estimate households, and a 1.32% increase in households over projected 2040 households in the City of Menifee and represents a 0.07% increase in households over estimated 2019 households, and a 0.060% increase in households over projected 2040 households in Riverside County. According to Table 2: E-5 City/County Population and Housing Estimates, 1/1/2019 (Dept. of Finance), the City has a vacancy rate of 10.2%, which is below the County total of 14.5%. While below the County rate, there is still a need within the City for housing. These increases are incremental increases to population; however, due to their small percentage in relation to the City and County, they are not considered substantial increases to population. Any impacts from the Project are considered less than significant. SPA260, A3 would result in a reduction of commercial acreage currently anticipated under the Specific Plan. Therefore, the Project will not induce substantial population growth in an area, either directly by proposing new businesses. Any impacts will be less than significant. The Project site is bounded as follows: Menifee North Specific Plan (MNSP) Planning Area (PA) 9 and PA10 to the immediate north (currently vacant land) and some Rural Residential uses to the north of PA9 and PA10; Business Park/Light Industrial and Public/Quasi-Public Facilities Districts to the south (currently vacant land, manufacturing uses and substation for Southern California Edison south of Highway 74); MNSP PA 16 to the east (currently , Rural Residential uses, and vacant land to the east beyond Menifee Road); and Palomar Road to the immediate west and MNSP PA7A, PA7B, and PA8 (currently vacant land and some commercial uses) to the west of Palomar Road. The Project site is currently vacant. The surrounding area is a mix of single-family residential, commercial, and industrial land uses. As shown in Subsection 4.10.2.3, of the Draft EIR, the Project is located in an area which has existing roadways. The Project will be required to improve adjacent frontage roadways (SR-74, Palomar Road and Menifee Road) to Menifee General Plan Circulation Element standards, or local roadway standards. Please refer to Chapter 4.13, Transportation of the Draft EIR for greater detail on Project roadway improvements. Since these roadways either exist or are planned to be additionally improved, the Project will not induce substantial population growth in the area indirectly through extension of roads. Any impacts are considered less than significant. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 60 As shown in Subsection 4.10.2.3, of the Draft EIR, the Project is located in an area which has existing sewer and water adjacent to the Project site. The Project will tie into the existing, adjacent sewer and water lines. As discussed in Chapter 4.16, Utilities and Service Systems of the Draft EIR, adequate sewer capacity and water supplies, as well as Project specific pipelines, are sized to serve the Project. Please refer to Chapter 4.16 of the Draft EIR for greater analysis on Project sewer and water. Since adequate sewer and water facilities exist and are planned in order to meet demand as the City builds out, the Project will not induce substantial population growth in the area indirectly through extension of sewer and water infrastructure. Any impacts are considered less than significant. 2. Population Growth Threshold b.: Would the Project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that there will be no impacts related to population and housing – population growth near schools. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, p. 93) Explanation: The Project site is vacant. Therefore, the Project will not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere. No impacts will occur. N. PUBLIC SERVICES 1. School Services Threshold c.: Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for school services? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to public services – school services will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, pp. 4.11-18 through 4.11-21) Explanation: The proposed Project is located within the Romoland School District (RSD) and Perris Union High School District (PUHSD). The DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 61 proposed Project is subject to development fees for school facilities pursuant to Senate Bill (SB) 50. The Project site is vacant undeveloped land previously used for dry- farming purposes. The current General Plan Land Use designation and Zoning classifications on the Project site are Specific Plan (SP). No changes are proposed to the current General Plan Land Use designation or Zoning classifications. However, the residential land use designation being requested in conjunction with the Project Menifee North Specific Plan, Amendment No. 3, were not anticipated or analyzed in the City’s current GPEIR. The Project site is located within the Romoland School District (RSD), for kindergarten through 8th grades, and the Perris Union High School District (PUHSD) for 9th-12th grades. Students residing in the proposed residences would attend Romoland Elementary School, Ethan A. Chase Middle School, or Heritage High School, depending on their grade level. As previously discussed, effective as of the 2018/19 school year, Romoland Elementary School was operating at 83% capacity (494 students enrolled / 592 student capacity) indicating an additional ninety-eight (98) students could be accommodated before reaching the design capacity limit; Ethan A. Chase Middle School was operating at 99.6% capacity (1,351 students enrolled / 1,356 student capacity) indicating only four (4) additional students could be accommodated before reaching the design capacity limit; and Heritage High School was operating at 105% capacity (2,735 students enrolled / 2,600 student capacity) indicating the school currently has 135 students more than the design capacity limit. Over-capacity conditions at Heritage High School (PUHSD), and the near-capacity conditions at Ethan A. Chase Middle School (RSD) are being addressed as follows:  PUHSD broke ground on High School #4 (Liberty High School) in February 2019 with an anticipated August, 2021 completion date (Liberty High has a design capacity of 2,600 students);  PUHSD initiated discussions with representatives from the Lewis Companies to discuss the potential for siting of a new high school site (aka High School #5) within or near their proposed specific plan development – The Villages of Lakeview – in 2009. PUHSD and Lewis worked closely and cooperatively over several years to identify a variety of site alternatives for a new high school. The District involved representatives from the California Department of Education to assist with analyses pertaining to the various site alternatives. In late 2010, the District commenced California Environmental Quality Act procedures pertaining to the then preferred alternative for the new high school – the project was referenced as PUHSD High School #5 (HS #5). Subsequently, the District and Lewis commenced the mutual development of a Purchase and Sale DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 62 Agreement for the preferred site alternative for High School #5. However, in 2012, multiple lawsuits were filed against Villages of Lakeview’s approved project seeking to overturn approval of the Specific Plan by the Riverside County Board of Supervisors. The lawsuits prevailed and, as such, activities associated with planning for the District’s HS #5 project were suspended. In 2016, a modified specific plan for the Villages of Lakeview (identified as “Alternative 7”) was circulated to the PUHSD for its review and comment. The Alternative 7 plan includes approximately 2,883 acres within the proposed development area, with a density range of approximately 8,725 residential units proposed. Included within the Alternative 7 proposed Land Use Plan is a site for High School #5. The location for HS #5 is in the southwest corner of the land use plan and is located on a 74.2 acre parcel. The proposed location assumes that a K-8 school will be constructed on the approximate 20 northerly acres of this parcel. The K-8 school would be planned, designed, constructed and operated through the Nuview Union High School District, while the HS #5 project would be under the jurisdiction of the Perris Union High School District (Source: Perris Union High School District Long-Range Facilities Master Plan, 2017, pp. 78-81).  In June 2013 PUHSD acquired a ±24-acre site on the south side of Patriot Lane extending from Wilson Avenue to Murrieta Road in the City of Perris adjacent south of Skyview Elementary School (approximately 4¼ miles northwest of the Project site) using Measure T funds. The future PUHSD Middle School #2 is being designed to accommodate approximately 1,000 students in grades 7 and 8; eventual completion of this school will enable the District to lower the enrollment at its existing Pinacate Middle School, and secondarily at Ethan A. Chase Middle School in the Romoland School District (RSD). The reader is referred to https://www.puhsd.org/pages/middle- school-2-9a6d4e4d-fd70-4ac9-93f5-f19ba7787b75 for additional information. According to Mr. Hector Gonzalez, Director of Facilities Planning (PUHSD), MS #2 does not have a construction schedule to date. From a timing perspective, the District and Architect are working to submit the final plans to the applicable State agencies for their review and approval. Successful completion of these review processes will enable the District to pursue any available State facility funding. In order to commence construction it will be necessary to combine future State funds with available local bond funds and developer fees. PUHSD’s goal will continue to be to commence construction as soon as it is financially practical. Implementation of the proposed Project will result in an incremental impact on the demand for school services. Current student generation rates applicable to development projects within RSD and PUHSD are set forth in Table 4.11-4, DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 63 Current (2019) Student Generation Factors, Romoland School District (RSD) & Perris Union High School District (PUHSD), of the Draft EIR. Based on the maximum development density for the Project (637 multi-family residential units and 246,312 square feet of commercial uses) and applying the applicable generation rates, the Project will generate an estimated total of three-hundred fifty-three (353) students including two-hundred twenty-seven (227) elementary students, forty-one (41) middle school students, and eighty-five (85) high school students as summarized in Table 4.11-5, Estimated Number of Students Generated by the Project, “Palomar Crossings” Menifee North SP 260, Amendment No. 3, of the Draft EIR. As set forth in Draft EIR Table 4.11-2, the Project is located within the Romoland Elementary School boundary of the RSD which currently has the ability to accommodate an additional 98 students before reaching its design capacity limit of 592 students. This compares to an estimated 227 elementary school students projected to be generated by the Project, a delta (overage) of 129 students. The inadequate capacity at Romoland Elementary would need to be alleviated by seeking District approval to add temporary classrooms to the school grounds, increasing class sizes, and/or making accommodations (i.e. school boundary refinements, other) at the other three existing elementary schools in the RSD boundary (Boulder Ridge Elementary, Harvest Valley Elementary, and Mesa View Elementary); or an alternative mutually acceptable plan. Similarly, the Project will generate an estimated 41 middle school students that would exceed the design capacity limit for Ethan A. Chase Middle School by 37 students based on 2018/19 enrollment figures. However, it is noted that future development of the residential component of the Project is anticipated to occur after construction of Middle School #2 is complete which will accommodate an additional 1,000 students within the District. Lastly, the opening of High School #4 (Liberty High School) in August 2021, for the 2021/22 school year, will alleviate any over- capacity issues being experienced currently at Heritage High School. Development of the Project, which would generate an additional 85 students, would occur thereafter. It is anticipated that the PUHSD will refine school boundaries upon the completion of future High School #4 with a 2,600 student design capacity; thereby alleviating any capacity issues attributed to the 85 high school students generated by the Project. Impacts to RSD and PUHSD facilities will be offset through the payment of impact fees to RSD and PUHSD, prior to the issuance of a building permit. Impact fees shall be paid at the current rate at the time of building permit issuance. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 64 Payment of these fees (Standard Condition SC-PS-5) is typically a standard condition of approval and is not considered unique mitigation pursuant to CEQA. After payment of these fees, any impacts will be considered less than significant. 2. Public Facilities Threshold e.: Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for other public facilities - libraries? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to public services – public facilities will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, pp. 4.11-23 through 4.11-24) Explanation: According to the GPEIR, existing library facilities and collections are not adequate to serve the current population in Menifee. As the City grows, this deficiency will only become compounded. Implementation of the Project will result in the creation of 637 homes, with a projected population of 2,293 residents. This will add an increment of impact to the existing library facilities. Impacts to library facilities will be offset through the payment of DIF to the City, prior to the issuance of a building permit. Fees shall be paid at the current rate at the time of building permit issuance. Payment of these fees (Standard Condition SC-PS-6) is typically a standard condition of approval and is not considered unique mitigation pursuant to CEQA. After payment of these fees, any impacts will be considered less than significant. O. RECREATION 1. Increased Use Threshold a.: Would the Project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to recreation – increased use will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, pp. 4.12-16 through 4.12-17, pp. 4.12-18 through 4.12-19 for Standard Conditions) DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 65 Explanation: Demand for park and recreational facilities are generally the direct result of residential development. The proposed Project includes 637 multi-family dwelling units. At 2.763 persons per household, it is anticipated that the Project would result in a direct population increase of approximately 1,760 persons at Project buildout. According to the General Plan, buildout of the entire City would result in an increase of the City’s population by 81,423 more than the 2010 Census count to a total of 158,942. The additional 1,760 residents generated by the Project were not included in these General Plan population numbers. The City of Menifee has a standard of five acres of parkland per 1,000 residents. General Plan buildout would create demand for 407 acres of new parkland. The General Plan designates 725 acres of parkland. Again, the additional parkland required by the Project’s 1,760 residents generated by the Project was not included in these General Plan parkland numbers. The existing SCE easement is being included within Planning Areas 11, 12 and 13 in this amendment. Development will have to conform with all applicable SCE easement restrictions. The easement area shall be allowed to be used in required landscape and open space areas, retention and detention basins, and for passive recreation uses. Open space and recreational facilities that are provided strictly for residents’ private use, are maintained by Homeowner’s Association(s) and will not be dedicated to the City for general public use, are not granted any parkland credit. According to the City of Menifee General Plan Exhibit C-4 (Proposed Bikeway and Community Pedestrian Network) the following bikeways are proposed adjacent to, or within the Project site:  SCE Easement: Community Trail – Hiking, Biking;  Menifee Road: Community On-Street Bike Lanes (Class II); and  Palomar Road: Class III Bike Routes. According to the City of Menifee General Plan Exhibit OSC-1 (Proposed Recreational Trails) a Community Trail is required along Menifee Road. The Project will be responsible for installing site-adjacent roadway improvements consistent with City of Menifee General Plan cross sections. Per the General Plan cross-sections, the shoulder may be utilized for bike lanes and the sidewalks may be utilized by pedestrians. No routes included in WRCOG’s Non-Motorized Transportation Plan are located on the Project site, or in the immediate proximity DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 66 of the Project site. The closest one is a Bikeway, Class II on-road, striped-lanes (proposed) approximately 0.45 miles west of the Project site at SR74/Case Road/Matthews Road. The sidewalk, trails, and bike lanes that are provided within the Project, and as part of the Project, will connect into the greater City-wide trail and bike system. Development of the Project has the potential to cause effects on recreational demand by the Project and other projects in the area, due to the increase in residents and the nature of the Project’s private recreation facilities. The recreational facilities provided are only for the use of the Project residents. In addition, the recreational facilities are considered passive, and will not meet the needs of those seeking more active recreation opportunities, such as those associated with “league” play. Those seeking more active recreation opportunities will need to frequent other existing parks, and those parks that are anticipated to be developed in the future. The General Plan designates 725 acres of parkland. At General Plan buildout, there would be a demand for 407 acres of new parkland. This results in an excess of 318 acres of parkland in the City. The Project will generate the need for 8.80 acres. Even with the addition of these 8.80 acres, the demand would increase to 415.8 acres, which is still well within the designated acreage for parkland in the City at buildout. Figure 4.12-2, Parks, Recreation Centers, and Libraries, of the Draft EIR, also shows the proximity of the Project site within the vicinity of a public or private park. As shown on Figure 4.12-2, the Project site is located within ½-mile of existing public parks (Eller Park/Motte Field Park located to the west), and within 1 mile of the Marion V. Ashley Community Center (located to the east). A proposed public park is also located immediately adjacent (north) to the Project a site in Planning Area 10. In order to mitigate any Project impacts that would increase the use of existing neighborhood and regional parks or other recreational facilities such that physical deterioration of the facility would occur or be accelerated, the Project would be required to pay in-lieu fees in order to comply with the Quimby Act or Park and Recreation Mitigation Act Fees (as implemented under Municipal Code Section 9.55 or 9.65) (Standard Condition SC-PS-5), as outlined in Subsection 4.12.5 of the Draft EIR). Per Section 9.55, these fees are to be used only for the purposes of developing new or rehabilitating existing neighborhood or community park or recreational facilities. The Project will also pay Development Impact Fees per Ordinance No. 17-232 (Standard Condition SC-PS-6, as outlined in Subsection 4.12.5 of the Draft EIR). DIF’s are used to pay for the following recreation resources: regional parks, and regional multipurpose trails. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 67 These are standard conditions and are not considered unique mitigation under CEQA. With the installment of Standard Condition SC-PS-5), and Standard Condition SC-PS-6, any impacts will be less than significant. 2. Construction and Expansion Threshold b.: Does the Project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that impacts related to recreation – construction and expansion will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, p. 4.12-17) Explanation: The existing SCE easement is being included within Planning Areas 11, 12 and 13 in this amendment. Development will have to conform with all applicable SCE easement restrictions. The easement area shall be allowed to be used in required landscape and open space areas, retention and detention basins, and for passive recreation uses. Open space and recreational facilities that are provided strictly for residents’ private use, are maintained by Homeowner’s Association(s), and will not be dedicated to the City for general public use. According to the City of Menifee General Plan Exhibit C-4, the following bikeways are proposed adjacent to, or within the Project site:  SCE Easement: Community Trail – Hiking, Biking;  Menifee Road: Community On-Street Bike Lanes (Class II); and  Palomar Road: Class III Bike Routes. According to GP Exhibit OSC-1 the Project will be responsible for installing site-adjacent roadway improvements consistent with City of Menifee General Plan cross sections. Per the General Plan cross-sections, the shoulder may be utilized for bike lanes and the sidewalks may be utilized by pedestrians. As discussed in Threshold a, based on the nature of the private recreational area and related facilities that will be incorporated into the proposed Project, and the requirement to pay in-lieu fees in order to comply with the Quimby Act or Park and Recreation Mitigation Act Fees (as implemented under Municipal Code Section 9.55 and 9.56), and pay Development Impact Fees per Ordinance No. 17-232, the Project will not cause any significant adverse effects on recreational demand on other existing park and recreation facilities in the vicinity of the Project. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 68 The construction and operations of the proposed recreational facilities, along with the entirety of the proposed Project, would require grading and development activities that would or would have the potential to contribute to physical impacts evaluated in other subchapters of the Draft EIR which include: aesthetics, agriculture and forestry resources, cultural resources, geology and soils, hazards and hazardous resources, noise, public services, transportation, tribal cultural resources, and utilities and service systems. Please refer to these subchapters of the Draft EIR for the pertinent analysis contained therein, as the on-site recreation resources are a Project component (see Chapter 3, Project Description of the Draft EIR). P. TRANSPORTATION 1. Conflict with Plans Threshold a.: Would the Project conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to transportation – conflict with plans will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, pp. 4.13-25 through 4.13-55, pp. 4.13-57 through 4.13- 58 for Standard Conditions) Explanation: Project construction activities may potentially result in temporary and transient traffic deficiencies related to:  Construction employee commutes;  Import of construction materials and soils; and  Transport and use of heavy construction equipment. The Applicant would be required to develop and implement a City- approved Traffic Control Plan (TCP) addressing potential construction-related traffic detours and disruptions. In general, the TCP would ensure that to the extent practical, construction traffic would access the project site during off-peak hours; and that construction traffic would be routed to avoid travel through, or proximate to, sensitive land uses. This is considered a standard condition (Standard Condition SC-TR-1, as outlined in Subsection 4.13.5 of the Draft EIR) and is not considered unique mitigation under CEQA. Any impacts are considered less than significant. 2. VMT Threshold b.: Would the Project conflict or be inconsistent with CEQA Guidelines sections 15064.3, subdivision (b)? DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 69 Finding: The City of Menifee finds based on the Final EIR and the whole of the record that impacts related to transportation – VMT will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, pp. 4.13-56 through 4.13-57) Explanation: In the fall of 2013, Senate Bill 743 (SB 743) was passed by the legislature and signed into law by the governor. For some parts of California (and eventually the entire state), this legislation will change the way that transportation studies are conducted for environmental documents. In the areas where SB 743 is implemented, delay-based metrics such as roadway capacity and level of service will no longer be the performance measures used for the determination of the transportation impacts of projects in studies conducted under the California Environmental Quality Act (CEQA). Instead, new performance measures such as Vehicle Miles Traveled (VMT) will be used. CEQA Guidelines Section 15064.3 reads as follows: “Section 15064.3. Determining the Significance of Transportation Impacts (a) Purpose. This section describes specific considerations for evaluating a project’s transportation impacts. Generally, vehicle miles traveled is the most appropriate measure of transportation impacts. For the purposes of this section, “vehicle miles traveled” refers to the amount and distance of automobile travel attributable to a project. Other relevant considerations may include the effects of the project on transit and non-motorized travel. Except as provided in subdivision (b)(2) below (regarding roadway capacity), a project’s effect on automobile delay does not constitute a significant environmental impact. (b) Criteria for Analyzing Transportation Impacts. (1) Land Use Projects. Vehicle miles traveled exceeding an applicable threshold of significance may indicate a significant impact. Generally, projects within one- half mile of either an existing major transit stop or a stop along an existing high quality transit corridor should be presumed to cause a less than significant transportation impact. Projects that decrease vehicle miles traveled in the project area compared to existing conditions should be considered to have a less than significant transportation impact. (2) Transportation Projects. Transportation projects that reduce, or have no impact on, vehicle miles traveled should be presumed to cause a less than significant transportation impact. For roadway capacity projects, agencies have DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 70 discretion to determine the appropriate measure of transportation impact consistent with CEQA and other applicable requirements. To the extent that such impacts have already been adequately addressed at a programmatic level, a lead agency may tier from that analysis as provided in Section 15152. (3) Qualitative Analysis. If existing models or methods are not available to estimate the vehicle miles traveled for the particular project being considered, a lead agency may analyze the project’s vehicle miles traveled qualitatively. Such a qualitative analysis would evaluate factors such as the availability of transit, proximity to other destinations, etc. For many projects, a qualitative analysis of construction traffic may be appropriate. (4) Methodology. A lead agency has discretion to choose the most appropriate methodology to evaluate a project’s vehicle miles traveled, including whether to express the change in absolute terms, per capita, per household or in any other measure. A lead agency may use models to estimate a project’s vehicle miles traveled, and may revise those estimates to reflect professional judgment based on substantial evidence. Any assumptions used to estimate vehicle miles traveled and any revisions to model outputs should be documented and explained in the environmental document prepared for the project. The standard of adequacy in Section 15151 shall apply to the analysis described in this section. (c) Applicability. The provisions of this section shall apply prospectively as described in Section 15007. A lead agency may elect to be governed by the provisions of this section immediately. Beginning on January 1, 2020, the provisions of this section shall apply statewide.” During the preparation of the traffic impact study, guidelines for the implementation of SB 743 were not yet incorporated into CEQA. Therefore, the traffic impact study followed current practice regarding state and local guidance as of the date of preparation. In December 2018 CEQA Guidelines were updated to include a threshold for evaluating traffic impacts using the VMT methodology. This new methodology is required to be used statewide for projects beginning in or after July 2020 unless the lead agency adopts the VMT thresholds earlier. As such, and because City of Menifee, as the lead agency, has not yet adopted VMT thresholds, the analysis for this Project utilizes the LOS methodology. Notwithstanding, for purposes of full disclosure, it is estimated that the Project would generate approximately 23,026 annual VMT per DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 71 capita (based on mitigated VMT), based on the California Emissions Estimator Model (CalEEMod) v2016.3.2. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 72 3. Hazards Due to Design Feature or Incompatible Uses Threshold c.: Would the Project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to transportation – hazards due to design feature or incompatible uses will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, p. 120) Explanation: The Project will take access to primarily three (3) main roadways. SR-74, Palomar Road and Menifee Road. SR-74 is under the jurisdiction of Caltrans. The Project will be required to install improvements to SR-74 in order to mitigate impacts. Any improvements will be required to be designed to Caltrans standards and no permit for construction will be allowed until said plans are deemed safe and in conformance with Caltrans design parameters. As it pertains to Palomar and Menifee Roads these are under the jurisdiction of the City of Menifee. Final Project site plans will be subject to City review and approval which will ensure that Project driveway intersections and internal circulation are safe, with adequate sight distance, driveway widths and stop signs where necessary for entering and exiting the site. This will eliminate any Project impacts due to a design feature. Any impacts will be less than significant. 4. Emergency Access Threshold d.: Would the Project result in inadequate emergency access? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to transportation – emergency access will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, p. 120, p. 121 for Standard Conditions) Explanation: A limited potential exists to interfere with an emergency response or evacuation plan during construction. Construction work in the street associated with the project will be limited to lateral utility connections (i.e., sewer) that will be limited to nominal potential traffic diversion. Control of access will ensure emergency access to the site and Project area during construction through the submittal and approval of a traffic control plan (TCP). Reference Standard Condition SC-TR-1. The TCP is designed to mitigate any construction circulation impacts. The TCP is a standard condition and is not considered unique mitigation under CEQA. Following construction, emergency access to the Project site and area will remain as was prior to the proposed Project. Any impacts during DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 73 construction are considered less than significant. The proposed Project is required to comply with Fire Department requirements for adequate access. Project site access and circulation will provide adequate access and turning radius for emergency vehicles, consistent with the Fire Department’s requirements. Any impacts during construction are considered less than significant. Q. TRIBAL CULTURAL RESOURCES 1. Tribal Cultural Resources Threshold a.i.: Would the Project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a Cultural Native American tribe, and that is listed or eligible for listing in the California Register of Historical resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k)? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to tribal cultural resources – tribal cultural resources will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, pp. 4.14-8 through 4.14-10, pp. 4.14-11 through 4.14-15 for Standard Conditions, and FEIR Errata pp. 3-7 and 3-8) Explanation: Assembly Bill (AB) 52 specifies that a project that may cause a substantial adverse change to a defined Tribal Cultural Resource (TCR) may result in a significant effect on the environment. AB 52 requires tribes interested in development projects within a traditionally and culturally affiliated geographic area to notify a lead agency of such interest and to request notification of future projects subject to CEQA prior to determining if a negative declaration, mitigated negative declaration, or environmental impact report is required for a project. The lead agency is then required to notify the tribe within 14 days of deeming a development application subject to CEQA complete to notify the requesting tribe as an invitation to consult on the project. AB 52 identifies examples of mitigation measures that will avoid or minimize impacts to a TCR. The bill makes provisions applicable to projects that have a notice of preparation or a notice of intent to adopt a negative declaration/mitigated negative declaration circulated on or after July 1, 2015. AB 52 amends Sections 5097.94 and adds Sections 21073, 21074, 2108.3.1., 21080.3.2, 21082.3, 21083.09, 21084.2, and 21084.3 to the California PRC, relating to Native Americans. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 74 Because the Project includes a Specific Plan Amendment, the Project is also subject to the requirements of Senate Bill (SB) 18. SB 18 requires a city or county to consult with the NAHC and any appropriate Native American tribe for the purpose of preserving relevant Traditional Tribal Cultural Places (TTCP) prior to the adoption, revision, amendment, or update of a city’s or county’s general plan, specific plan, or designating land as open space. SB 18 provides a new definition of TTCP, which requires that the site must be shown to actually have been used for activities related to traditional beliefs, cultural practices, or ceremonies. In addition, SB 18 law also adds California Native American tribes to the list of entities that can acquire and hold conservation easements for the purpose of protecting their cultural places. Based on the City’s prior experience with and written request from potentially interested Tribes, AB 52 Notices were sent to the following four (4) Tribes on May 25, 2016:  Agua Caliente Band of Cahuilla Indians;  Pechanga Band of Luiseño Indians;  Rincon Cultural Resources Department; and  Soboba Band of Luiseño Indians. With input from the Native American Heritage Commission (NAHC), SB 18 Notices were sent to the following 26 Tribes on August 23, 2017. The NAHC uses a broad range for notification.  Agua Caliente Band of Cahuilla Indians;  Augustine Band of Cahuilla Mission Indians;  Cabazon Band of Mission Indians;  Juaneño Band of Mission Indians;  San Manuel Band of Mission Indians;  Gabrieleño Band of Mission Indians – Kizh Nation;  Gabrieleño/Tongva Nation;  Cahuilla Band of Indians;  Fort Mojave Indian Tribe;  Chemehuevi Indian Tribe;  Serrano Nation of Mission Indians;  La Jolla Band of Luiseño Indians;  Los Coyotes Band of Mission Indians;  Morongo Band of Mission Indians;  Pala Band of Mission Indians;  Twenty-Nine Palms Band of Mission Indians;  Pauma Band of Luiseño Indians – Pauma & Yuima Reservation;  Pechanga Band of Luiseño Indians;  Ramona Band of Cahuilla Mission Indians;  Rincon Band of Luiseño Indians;  San Luis Rey Band of Mission Indians;  Santa Rosa Band of Mission Indians; DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 75  Quechan Tribe of the Fort Yuma Indian Reservation;  Colorado River Indian Tribes of the Colorado River Indian Reservation;  Soboba Band of Luiseño Indians; and  Torres-Martinez Desert Cahuilla Indians. Written responses were received from the following Tribes on the AB 52 and SB 18 notices:  Agua Caliente Band of Cahuilla Indians;  Augustine Band of Cahuilla Mission Indians;  Pechanga Band of Luiseño Indians;  San Manuel Band of Mission Indians;  Rincon Band of Luiseño Indians; and  Soboba Band of Luiseño Indians. The Augustine Band of Cahuilla Indians and the San Manuel Band of Mission Indians declined consultation on August 29, 2018 and September 13, 2018, respectively. The Agua Caliente Band of Cahuilla Indians deferred to the Pechanga Band of Luiseño Indians and the Soboba Band of Luiseño Indians and concluded any consultation efforts in a letter dated August 29, 2018. Additionally, a phone conversation was had between the Project Planner, Mr. Manny Baeza and Mr. Matias Belardes of the Juaneño Band of Mission Indians after their receipt of the SB 18 Notice Letter (the exact date of this call was not recorded); according to Mr. Baeza, Mr. Belardes said “they had no concerns with the project since it was outside of their tribal boundary”. The Pechanga Band of Luiseño Indians, the Rincon Band of Luiseño Indians, and the Soboba Band of Luiseño Indians requested formal consultation. Consultation was conducted with the Pechanga Band of Mission Indians, the Rincon Band of Luiseño Indians, and the Soboba Band of Luiseño Indians. Each of the three Tribes requested, and received, a copy of the A Phase I Cultural Resources Assessment of Palomar Crossings Specific Plan Amendment 2010-090, prepared by Jean A. Keller, Ph.D., March 2018 (CRA, Appendix D of the Draft EIR). The CRA was included as an Appendix to the Initial Study, as part of the Notice of Preparation package, sent out on February 26, 2019. City Staff met with the Pechanga Band of Mission Indians on July 30, 2019, as the City has regular, on-going meetings with the Tribe, and this Project had been formally submitted to the City prior to the formal consultation period being initiated. As a result of the consultation process, it was agreed that Standard Conditions SC-CUL-1 through SC-CUL-8 shall be applied to the DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 76 Project. Implementation of these standard conditions will ensure that in the event that native cultural resources are discovered during ground-disturbing activities all construction activities around the find will be halted, a qualified archaeologist will be notified, uncovered resources will be evaluated, and local tribes will be notified if the find is determined to be prehistoric or historic in nature. The Rincon Band of Luiseño Indians, and the Soboba Band of Luiseño Indians concluded formal consultation via e-mails dated May 8, 2019 and May 9, 2019, respectively (reference Appendix J2 of the Draft EIR). The City has not received a conclusion letter pertaining to AB52 from the Pechanga Band of Luiseño Indians, as they typically they will not provide a conclusion letter until they have the Project Conditions of Approval and have had the opportunity to review and comment on the Draft EIR. With implementation of SC-CUL-1 through SC-CUL-8 as outlined in Subsection 4.14.5 of the Draft EIR, impacts to tribal cultural resources will be less than significant. 2. Tribal Cultural Resources Threshold a.ii.: Would the Project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a Cultural Native American tribe, and that is a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to tribal cultural resources – tribal cultural resources will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, p. 4.14-10 pp. 4.14-11 through 4.14-15 for Standard Conditions, and FEIR Errata pp. 3-7 and 3-8) Explanation: With implementation of Standard Conditions SC-CUL-1 through SC-CUL-8, impacts to tribal cultural resources will be less than significant. R. CULTURAL RESOURCES 1. Historical Resource Threshold a.: Would the Project cause a substantial adverse change in the DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 77 significance of a historical resource as defined in §15064.5? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that there will be no impacts related to cultural resources – historical resource. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, pp. 4.15-17 through 4.15-18) Explanation: According to Public Resources Code (PRC) §5020.1(j), “‘historical resource’ includes, but is not limited to, any object, building, site, area, place, record, or manuscript which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California.” More specifically, CEQA guidelines state that the term “historical resources” applies to any such resources listed in or determined to be eligible for listing in the California Register of Historical Resources, included in a local register of historical resources, or determined to be historically significant by the lead agency (Title 14 CCR §15064.5(a)(1)-(3)). Regarding the proper criteria for the evaluation of historical significance, CEQA guidelines mandate that “generally a resource shall be considered by the lead agency to be ‘historically significant’ if the resource meets the criteria for listing on the California Register of Historical Resources” (Title 14 CCR §15064.5(a)(3)). A resource may be listed in the California Register if it meets any of the following criteria: 1. Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage. 2. Is associated with the lives of persons important in our past. 3. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values. 4. Has yielded, or may be likely to yield, information important in prehistory or history. (PRC §5024.1(c)) The proposed Project site is vacant and does not satisfy any of the criteria for a historic resource defined in Section 15064.5 of the State CEQA Guidelines. The Project site is not listed with the State Office of Historic Preservation or the National Register of Historic Places. As such, the proposed Project will not cause an adverse change in the significance of a historical resource and impacts to historic resources are not anticipated. No impacts are anticipated. 2. Archaeological Resources Threshold b.: Would the Project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 78 Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to cultural resources – archaeological resources will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, pp. 4.15-18 through 4.15-19, pp. 4.15-20 through 4.15-24 for Standard Conditions, and FEIR Errata pp. 3-7 and 3-8) Explanation: Cultural resources of prehistoric (i.e. Native American) or historical origin were not observed within the project boundaries during the field survey. According to a records search conducted by Eastern Information Center staff at the University of California, Riverside, 35 cultural resources studies have been conducted within a one-mile radius of the proposed project, effectively encompassing most of the land within that radius. During the course of field surveys associated with these studies, 23 cultural resources properties have been recoded with the on-mile radius. Of these properties, only two have been recorded within one-half mile of the Project site: a portion of Palomar Road at the southwestern corner of the property, and a ca. 1923 house that no longer exists. The remaining 21 recorded cultural resources properties are within a one-half to one-mile radius of the property, with 7 located one-half to three-quarters of a mile distant and 14 found between three- quarters and one mile from the Project site. The majority of cultural resources properties within the prescribed radius of the property are of historic-period origin, represented by streets, structures, and roadside refuse dumps. According to A Phase I Cultural Resources Assessment of Palomar Crossings, Specific Plan Amendment 2010-090, prepared by Jean A. Keller, Ph.D., March 2018 (CRA, Appendix D of the Draft EIR), no cultural resources were observed within the boundaries of the Project site. In addition, it is unlikely that subsurface cultural resources of prehistoric origin exist within the general property boundaries. However, a structure did exist near the southeastern property corner from at least 1897 through 1939 and by 1951, two structures existed. Consequently, it is possible that associated subsurface resources of historic-period origin may be still present within this portion of the property. In the event that archeological materials are uncovered during ground-disturbing activities, Standard Conditions SC-CUL-2 through SC-CUL-8 shall be implemented to reduce potentially significant impacts to previously undiscovered archaeological resources that may be accidentally encountered during Project implementation to a less than significant level. SC-CUL-2 requires non-disclosure of Native American human remains. SC-CUL-3 pertains to procedures required due to any inadvertent finds during ground disturbance activities. SC-CUL-4 pertains to procedures for final disposition of inadvertent discoveries requires that the archaeological monitor prepare a final report at the conclusion of DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 79 archaeological monitoring. SC-CUL-5 requires that a qualified archaeological monitor be present during all construction activities. SC-CUL-6 requires the presence of Pechanga Tribal monitors during all ground disturbing activities. SC-CUL-7 requires the presence of Soboba Tribal monitors during all ground disturbing activities. SC-CUL-8 requires the procedures for the preparation of a Phase II and Phase IV archaeological report. Furthermore, General Plan policies are in place to preserve and protect archaeological and historic resources and cultural sites, places, districts, structures, landforms, objects and native burial sites, traditional cultural landscapes and other features, consistent with state law and any laws, regulations or policies which may be adopted by the City (OCS-5.1). With implementation of SC-CUL-2 through SC-CUL-8, impacts will be less than significant. 3. Human Remains Threshold c.: Would the Project disturb any human remains, including those interred outside of formal cemeteries? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to cultural resources – human remains will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, pp. 4.15-19 through 4.15-20, p. 4.15-20 for Standard Conditions) Explanation: Because the Project site has been previously disturbed by agricultural uses, no human remains or cemeteries are anticipated to be disturbed by the proposed Project. However, these findings do not preclude the existence of previously unknown human remains located below the ground surface, which may be encountered during construction excavations associated with the proposed Project. It is also possible to encounter buried human remains during construction given the proven prehistoric occupation of the region, the identification of multiple surface archaeological resources within a half-mile of the Project site, and the favorable natural conditions that would have attracted prehistoric inhabitants to the area. Standard Condition SC-CUL-1 is required to reduce potentially significant impacts to previously unknown human remains that may be unexpectedly discovered during Project implementation to a less than significant level. SC-CUL-1 requires that in the unlikely event that human remains are uncovered the contractor is required to halt work in the immediate area of the find and to notify the County Coroner, in accordance with Health and Safety Code § 7050.5, who must then determine whether the remains are of forensic interest. If the Coroner, with the aid of a supervising archaeologist, determines that the remains are or appear to be of a Native DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 80 American, he/she must contact the Native American Heritage Commission for further investigations and proper recovery of such remains, if necessary. Impacts will be less than significant with implementation of mitigation. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant". The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Human remains from other ethnic/cultural groups with recognized historical associations to the Project area shall also be subject to consultation between appropriate representatives from that group and the Community Development Director. The letter submitted by the Soboba and Pechanga band contains instructions for handling human remains found at the site that are of Native American origin, to which the Project applicant would adhere. Thus, compliance with the above- referenced state laws will reduce impacts to less than significant levels. S. UTILITIES AND SERVICE SYSTEMS 1. New or Expanded Facilities Threshold a.: Would the Project require or result in the relocation or construction of new or expanded water, or wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities or expansion of existing facilities, the construction or relocation of which could cause significant environmental effects? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to utilities and service systems – new or expanded facilities will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, pp. 4.16-32 through 4.16-38, pp. 4.16-49 through 4.16-50 for Standard Conditions) Explanation: Water The Project site, along with the entire City of Menifee, is located within the water service district boundary of the Eastern Municipal Water District (EMWD). The Project site is not currently connected to the EMWD water supply system given its vacant, undeveloped condition and former “dry farming” use; however, as set forth in the WSA (Appendix O of the Draft EIR), Figure 3: Project Location in DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 81 Relation to Existing Waterlines (p. 26), EMWD has an existing potable water service line located adjacent to the Project site along the south side of the Project site’s SR-74 frontage (the WSA is silent as to the size of this water line). In addition, a second water service line is depicted as being located contiguous to the Project site’s east boundary in Menifee Road and in Stone Lane. It is noted, the Menifee North Specific Plan No. 260, Amendment No. 2, Substantial Conformance No. 1 (SP 260S1) - Master Water Plan (Figure III-7) indicates that 14” and 16” water service lines are planned to be extended along the Project site’s Palomar Road and Menifee Road street frontages in the conjunction with future development. EMWD is a public water agency formed in 1950 and annexed into the service area of the Metropolitan Water District of Southern California (MWD) in 1951. It is currently one of MWD’s 26 member agencies. EMWD presently operates its water supply system under a system permit issued by the California Department of Public Health. EMWD provides potable water, recycled water, and wastewater services to an area of approximately 555 square miles in western Riverside County. EMWD is both a retail and wholesale agency, serving a retail population of 546,146 people and a wholesale population of 215,075 people (Source: 2015 UWMP). As noted in the 2015 UWMP, EMWD is located in one of the fastest growing regions in the nation, and with a growing population comes a growing demand for water. EMWD has three sources of water supply: 1) imported water from the Metropolitan Water District of Southern California (MWD), 2) local groundwater, and 3) recycled water. Additional details with respect to the EMWD water supplies are set forth in Threshold b. Roughly seventy-five percent (75%) of EMWD’s potable water demand is supplied by imported water from MWD through its Colorado River Aqueduct and connections to the State Water Project. EMWD forecasts that it would provide water for future growth in its service area through imported water from MWD. EMWD procures water from MWD that has been treated at MWD’s Skinner Filtration Plant in Winchester and the Mills Filtration Plant in Riverside. In 2010 EMWD obtained 75,000 acre-feet (af) of MWD water treated at MWD filtration plants before delivery, and 16,600 af of raw MWD water treated at EMWD water filtration plants. EMWD has two water filtration plants, one in Hemet and one in San Jacinto, with total existing capacity of 32 million gallons per day or about 35,840 af per year. Implementation of the proposed Project will not require, or result in, DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 82 the construction of new water treatment facilities or expansion of existing facilities, the construction of which would cause significant environmental effects. Given the proposed Project’s relatively modest size, any impacts are considered incremental and less than significant. Wastewater/Sewer The Project site is located within the wastewater/sewer service boundary of the Eastern Municipal Water District (EMWD). The Project site is not currently connected to the EMWD wastewater/sewer system given its vacant, undeveloped condition and former “dry farming” use. As set forth in SP 260S1, portions of the Menifee North Specific Plan are located within EMWD Assessment Districts Nos. 5 (Romoland AD) and 7 (Homeland AD). These portions of the specific plan are eligible to connect to the AD funded facilities for wastewater service. However, due to the SP 260S1 service area demand above that which was anticipated at the time AD Nos. 5 and 7 were formed in 1988, some improvements to these systems would be necessary to provide an adequate level of service.  AD No. 5 (Romoland) was created in May 1988 by Resolution 2337 of EMWD as a Special Assessment District for the main purpose of constructing a gravity sewer main, as well as acquiring rights of way, easements, and fee title sites needed for the project. These improvements directly benefit the properties and land within the community of Romoland that is within AD No. 5. Furthermore, these improvements were constructed by EMWD with funds provided by AD No. 5 to EMWD from the issuance of limited obligation improvement bonds.  AD No. 7 (Homeland/Green Acres) was created in August 1988 by Resolution 2386 of EMWD as a Special Assessment District for the purpose of expanding the Perris Valley Regional Wastewater Reclamation Facility, a raw sewage pump station, a force main, gravity sewer mains, including all manholes, laterals, cleanouts, steel casing, pavement replacement, rights of way and easements. These improvements directly benefit the property owners in and around the unincorporated area of the County of Riverside known as the communities of Homeland and Green Acres that are within AD No. 7. Furthermore, these improvements were constructed by EMWD with funds provided by AD No. 7 to EMWD from the issuance of limited obligation improvement bonds. In order for the portions of the SP 260S1 not located within AD Nos. 5 or 7 to receive sewer service, system improvements will be necessary. EMWD's wastewater facilities master plan describes a conceptual layout of gravity-flow sewer lines that would accomplish DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 83 the required service. The SPA 260S1 project would be required to design and construct master-planned facilities which would allow for a system of sewers located within public road right-of-ways which are capable of conveying all on-site generated flow by gravity. Backbone wastewater system improvements necessary to provide an adequate level of service to SP 260S1 are illustrated on Figure III-8, Master Sewer Plan.  For residential areas located within AD Nos. 5 and 7, sewer lines will be constructed to join the existing AD funded sewer facilities to developing areas up to the AD planned densities;  Densities greater than planned for the ADs will pay connection fees and construct facilities to join the District funded 24" and larger trunk sewer main that will connect to the expanded Perris Valley Regional Water Reclamation Facility. As depicted on the SP 260S1 - Master Sewer Plan (Figure III-8) there is an existing EMWD 18” Backbone AD No. 5 and AD No. 7 Sewer Main located in Case Road, approximately one-quarter (¼) mile (as the crow flies) southwest of the Project site. This sewer main connects to a 15” Backbone AD No. 5 and AD No. 7 Sewer Main located in McLaughlin Road (unimproved, dirt, ROW) that extends east past Briggs Road. Future project-specific development within the Project site boundaries will require a new Backbone Sewer Main to be extended one-third (⅓) of a mile north along Menifee Road from the existing 15” sewer main in McLaughlin Road, as shown on the SP 260S1 – Master Sewer Plan. At present, EMWD wastewater collection systems include: 1,534 miles of gravity sewer, 53 lift stations, and five regional water reclamation facilities (RWRF; four operating RWRFs), with interconnections between local collection systems serving each treatment plant. The Perris Valley Regional Water Reclamation Facility (PVRWRF) provides wastewater treatment for a 120-square mile area surrounding Perris, Menifee (inclusive of the Project site), Homeland, Winchester, and beyond. Wastewater from future project-specific development within the Project site boundaries would be delivered through EMWD sewers to the PVRWRF. The PVRWRF is EMWD’s largest RWRF located on approximately 300 acres just west of Interstate-215 (I-215) and south of Case Road (±1.5 miles west/northwest of the Project site). In March 2014, EMWD completed the seven-year $180 million expansion of the PVRWRF, the largest capital improvement project in EMWD’s 64-year history. The PVRWRF expansion project increased the previous capacity of the facility from 14 million gallons a day (14 DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 84 mgd) to a current capacity of 22 mgd, with an ultimate capacity of 100 mgd. The expansion allows EMWD to not only meet the projected demands of anticipated development in the region, but also to meet more stringent environmental requirements for wastewater treatment and recycled water quality. Typical daily flows as of 2016 are reported at 13.8 mgd. As discussed in Subchapter 4.7, Hydrology and Water Quality of the Draft EIR, all wastewater associated with the Project’s interior plumbing systems will be discharged into the local sewer system for treatment at the regional wastewater treatment plant. Standard Condition SC-HYD-5, as outlined in Subsection 4.16.5 of the Draft EIR, is required in order to ensure that the Project’s potential impacts to water quality resources (waste discharge requirements) would remain less than significant. Standard Condition SC-HYD-5 is not considered unique mitigation under CEQA. The proposed Project will be subject to sewer connection fees. The purpose of these fees is to pay for existing and future sewer capacity. Standard Condition SC-USS-1, as outlined in Subsection 4.16.5 of the Draft EIR, shall be implemented to address these fees. Standard Condition SC-USS-1 is not considered unique mitigation under CEQA. As indicated in Table 4.16-12, Wholesale Normal Year Supply and Demand Comparison (AF), of the Draft EIR the combined four active RWRF’s, on the whole, are operating at approximately 55% of capacity (45,385 AF Treated ÷ 81,800 AFY Capacity = ±55%). Individually, the RWRF’s are operating 44% to 70% of existing capacity levels (San Jacinto RWRF at 44%; Temecula Valley RWRF at 70%). All wastewater generated by the interior plumbing system of the proposed Project will be discharged into the local sewer system and conveyed for treatment at the Perris Valley RWRF. Wastewater flows will consist of typical residential wastewater discharges and will not require new methods or equipment for treatment that are not currently permitted for the facility. Connections to local sewer mains will involve temporary and less than significant construction impacts that will occur in conjunction with other on-site improvements. The most recent expansion allows EMWD to not only meet the projected demands of anticipated development in the region, but also to meet more stringent environmental requirements for wastewater treatment and recycled water quality. Based on the scope of the Project, any impacts will be incremental. However, given the existing capacity within the EMWD facilities, Project design, and adherence to Standard Condition SC-HYD-5, and Standard Condition SC-USS-4, any impacts are considered DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 85 less than significant. Stormwater/Drainage As set forth in Subchapter 4.7 of the Draft EIR (Hydrology and Water Quality), all new development in the City of Menifee is required to comply with provisions of the National Pollutant Discharge Elimination System (NPDES) program, including Waste Discharge Requirements (WDR), and the 2010 Santa Ana Municipal Separate Sewer Permit (MS4) Permit, as enforced by the Santa Ana Regional Water Quality Control Board (SARWQCB). The Project site consists of approximately 64 acres (Source: IS, p. 1, MFCS, Feb 2019) of vacant, undeveloped land located on the north side of SR-74, extending from Palomar Road east to Menifee Road, in the northerly portion of the City of Menifee. As discussed, the Project proposes to amend (Amendment No. 3) the existing Menifee North Specific Plan 260, Amendment No. 2, Substantial Conformance No. 1 (January 2016) by changing the existing land use designations for Planning Areas 11, 12, 13, and 14 from the existing Business Park, Commercial Business Park, and Commercial land uses to accommodate Very High Density Residential, Commercial / Very High Density Residential, and Commercial uses. As proposed, the Project would significantly reduce the amount of Business Park development previously envisioned for the Project site while adding the potential for 721 very high density residential dwelling units. The Project site is relatively flat and at street grade with a gentle gradient of less than 2% to the southwest. On-site elevations range from a high of approximately 1,495 feet above mean sea level (1,495’ AMSL) at the northeast corner to a low of approximately 1,465’ AMSL at the southwest corner. At present, the Project site is vacant, undeveloped land with a 100 percent pervious earthen surface. On-site stormwater runoff currently surface flows in a south/southwest direction towards an earthen swale located along the Project site’s SR-74 frontage where two crossings allow flows to be carried approximately a half- mile southwest to the existing portion of the Line A storm water channel (concrete lined) which starts approximately one-half (½) mile south of SR-74, just south of the intersection of Palomar Road and Case Road. The Project’s proposed land use amendment does not include a project-specific development component. Future development will utilize a combination of detention and bioretention basins with underdrains to detain, treat, and safely outlet future project-specific post development runoff within the Project site boundaries. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 86 Future development involving more than one acre of ground disturbance will be subject to NPDES permit requirements for the preparation and implementation of a project-specific Storm Water Pollution Prevention Plan (SWPPP). Adherence to NPDES permit requirements and the measures established in the SWPPP are routine actions conditioned by the City and will ensure applicable water quality standards are appropriately maintained during future construction activities within the Project site boundaries. The proposed Project site specific plan amendment has been reviewed and conditioned by the City of Menifee Engineering Department, and the City of Menifee Building & Safety Department, among others, to mitigate any potential impacts through site design, compliance with the SP 260 Drainage Study, the larger Romoland/Homeland ADP, and the Project Drainage Study, the preparation of future project-specific WQMPs within the Project site boundaries, and adherence to the requirements of the NPDES. Standard Conditions SC-HYD-1 (Site Drainage Plan), SC-HYD-1 (SWPPP), SC-HYD-3 (WQMP), and SC-HYD-4 (Storm Drainage Facilities) are required in order to ensure that the Project’s potential impacts to hydrology and water quality resources would remain less than significant. Standard Conditions SC-HYD-1 through SC-HYD- 4 are not considered unique mitigation under CEQA. Therefore, the Project will not substantially alter the existing drainage pattern of the site or area, nor will it require new or expanded off-site storm drain facilities the construction or relocation of which could cause significant environmental effects. Any impacts would be less than significant. Electricity There is no electricity connection currently serving the Project site in its vacant and undeveloped condition. The Project’s proposed land use amendment does not include a project-specific development component; however, future project-specific development consisting of commercial and high density residential use will require electricity services. The electrical service provider for the Project site and the greater City of Menifee is Southern California Edison (SCE). Overhead electrical distribution and service lines are currently in place adjacent to the Project site along the south side of SR-74, the east side of Palomar Road, and the west side of Menifee Road. In addition, there is an SCE easement extending north-south through the middle/east half of the Project site with high kilowatt transmission lines connecting to the 78.97-acre SCE electrical distribution substation located adjacent south of the Project site at the southwest corner of SR-74 and Menifee Road. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 87 SCE is responsible for providing power supply to the City of Menifee and the greater Riverside County area while complying with county, state, and federal regulations. SCE’s power system is one of the nation’s largest electric and gas utilities and serves approximately 15 million people in 180 incorporated cities and 15 counties, in a service area of approximately 50,000 square miles in size. SCE maintains 12,635 miles of transmission lines, 91,375 miles of distribution lines, 1,433,336 electric poles, 720,800 distribution transformers, and 2,959 substation transformers. In 2017, SCE’s power mix consisted of 32 percent renewable resources, including wind, geothermal, biomass, solar, and small hydro, 20 percent natural gas, eight percent large hydroelectric facilities, and six percent nuclear. An estimated 34 percent of SCE’s power mix consisted of unspecified sources of power in 2017, which is referred to by SCE as electricity from transactions that are not traceable to specific generation sources. Operation of the future project-specific development within the Project site’s boundaries would consume electricity for building power, lighting, and water conveyance, among other operational requirements. This future project-specific development will be required to comply with various federal, state and local energy use regulations including Title 24. Because the design of future project-specific development within the Project site boundaries will be required to meet all applicable local and state requirements and represents an incremental and relatively moderate increase in area wide electrical consumption, the Project would not result in potentially significant environmental effects from wasteful, inefficient, or unnecessary consumption of energy. Adequate commercial electricity supplies are presently available in Southern California to meet the incremental increase in demand attributed to the Project. The proposed Project will not require new or expanded electric power facilities, the construction or relocation of which could cause significant environmental effects. Impacts will be less than significant. Natural Gas There is no natural gas connection currently in place serving the Project site in its vacant and undeveloped condition. The natural gas provider for the Project site and the greater City of Menifee is the Southern California Gas Company (SoCal Gas), also known as The Gas Company. The Project’s proposed land use amendment does not include a project-specific development component; however, future project- specific development consisting of commercial and high density DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 88 residential use will require natural gas services and will ultimately connect to the Gas Company’s natural gas distribution system. Connections are available in the general vicinity and natural gas service is in place to the new Heritage High School campus located at the southwest corner of SR-74 and Briggs Road approximately three-quarters (¾) of a mile east of the Project site. Adequate natural gas supplies are available to meet the incremental increase in demand attributed to the Project. The proposed Project will not require new or expanded natural gas facilities, the construction or relocation of which could cause significant environmental effects. Any impacts will be less than significant. Telecommunications Telephone service to the Project site and the greater City of Menifee is provided by Verizon. Verizon is a private company that provides connection to the communication system on an as needed basis. No expansion of facilities will be necessary to connect the Project to the communication system located adjacent to the Project site. The proposed Project will not require new or expanded telecommunication facilities, the construction or relocation of which could cause significant environmental effects. Any impacts will be less than significant. 2. Water Supplies Threshold b.: Would the Project have sufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry and multiple dry years? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to utilities and service systems – water supplies will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, pp. 4.16-38 through 4.16-44, pp. 4.16-49 through 4.16-50 for Standard Conditions) Explanation: As previously discussed under Threshold a, the Project site is located within the water service district boundary of the Eastern Municipal Water District (EMWD) which has an existing water line located adjacent to the Project site in SR-74, with additional lines located contiguous to the Project site’s northeast corner in Menifee Road and Stone Lane. Reference Figure 14.16-2, Water Supply Assessment – Location of Existing Facilities, of the Draft EIR. The Project’s proposed land use amendment does not include a project-specific development component; however, future project- specific development within the Project site boundaries will require DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 89 the extension of backbone water lines in compliance with the SP 260S1 – Master Water Plan. The SP 260S1 - Master Water Plan (Figure III-7) indicates that 14” and 16” water service lines are planned to be extended along the Project site’s Palomar Road and Menifee Road street frontages in the conjunction with future development. Reference Figure 4.16-3, Menifee North Specific Plan Substantial Conformance #1 – Master Water Plan, of the Draft EIR. As discussed EMWD relies on MWD’s 2015 RUWMP to evaluate the reliability of imported supplies and the amount of imported water which will be available in EMWD’s service area during normal (aka “average”), single dry, and multiple dry water year periods. MWD’s 2015 RUWMP detailed its planning initiatives and based on these efforts concluded that with the storage and transfer programs developed, MWD has sufficient supply capabilities to meet the expected demands of its member agencies from 2020 through 2040 under normal, historic single-dry and historic multiple dry year conditions. EMWD’s 2015 UWMP includes estimates of EMWD’s demand during average, single and multiple dry years. The estimates for EMWD’s retail system are documented in Table 4.16-9, Retail Normal Year Supply and Demand Comparison (AF), Table 4.16-10, Retail Single-Dry Year Supply and Demand Comparison, and Table 4.16-11, Retail Multiple-Dry Years Supply and Demand Comparison (AF), of the Draft EIR are taken directly from the 2015 UWMP. Similar estimates for EMWD’s wholesale system are shown in Table 4.16-12, Wholesale Normal Year Supply and Demand Comparison (AF), Table 4.16-13, Wholesale Single-Dry Year Supply and Demand Comparison, and Table 4.16-14, Wholesale Multiple-Dry Years Supply and Demand Comparison (AF) of the Draft EIR. Any impacts from the Project will be incremental. According to Table 4.16-19, Project Demand Estimate, of the Draft EIR the Project residential, commercial and open space landscaping will result in the following total demand at Project buildout: Average Day Demand (gpd): 262,075 Annual Demand (MG): 95.72 Annual Demand (AF): 293.76 According to the WSA, the Project is anticipated to exceed the limits of the projected demand for this area accounted for in the 2015 UWMP, however; the combined demand for this project and other planned developments are below the total amount of new demand evaluated in the 2015 UWMP and an offset will not be required. The Project will be required to comply with shall be required to DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 90 comply with the EMWD Water Efficient Guidelines for New Development which are in effect at the time of building permit issuance. This is reflected in Standard Condition SC-USS-2, as outlined in Subsection 4.16.5 of the Draft EIR. The focus of the Water Efficiency Guidelines is on incentive-driven, cost-effective, voluntary water efficiency measures for new residential development. The Water Efficiency Guidelines are divided into two primary sections – (1) indoor guidelines; and (2) outdoor guidelines. 1. Indoor guidelines – designed primarily for builders, developers, and those involved in the design and construction of residential housing who make decisions about what appliance and fixtures are installed. The indoor guidelines are also applicable to existing residents who may be seeking to improve water efficiency in their home or apartment. 2. Outdoor guidelines – designed primarily for residents, landscape architects and designers, builders, and others who make decisions about creating landscapes in new residences. The outdoor guidelines are also applicable to existing residents seeking to re-develop their landscape. In addition, the proposed Project will be subject to water connection fees. The purposes of these fees are pay for existing and future water facilities/capacity. Standard Condition SC-USS-3, as outlined in Subsection 4.16.5 of the Draft EIR, shall be implemented to address these fees. Due to the sufficient supply, and incorporation of Standard Condition SC-USS-3, any impacts to water facilities are considered less than significant. If available, the Project may incorporate recycled water for landscape irrigation, which helps reduce strain on environmental resources. The Project may use recycled water for irrigation of common area landscaping, open space, parkways, and roadside landscaping adjacent to public roads. If recycled water infrastructure is available, the Project may opt to incorporate this utility to augment landscape irrigation. Recycled water is available through EMWD via an application process. To provide recycled water, EMWD will require proof of permits through Regional Board and CDPH, as appropriate, from the entity responsible for the landscape maintenance and irrigation where the water is used (e.g., park district, transportation department, owner’s association). Based on the analysis above, the Project will have sufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry and multiple dry years. Any impacts will be less than significant. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 91 3. Wastewater Capacity Threshold c.: Would the Project result in a determination by the wastewater treatment provider which serves or may serve the Project that it has adequate capacity to serve the Project’s projected demand in addition to the provider’s existing commitments? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to utilities and service systems – wastewater capacity will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, pp. 4.16-44 through 4.16-45, pp. 4.16-49 through 4.16-50 for Standard Conditions) Explanation: As previously discussed under Threshold a., the Project site is located within the wastewater/sewer service district boundary of the Eastern Municipal Water District (EMWD). The Project’s proposed land use amendment does not include a project-specific development component; however, future project-specific development within the Project site boundaries will require a new Backbone Sewer Main to be extended one-third (⅓) of a mile north along Menifee Road from the existing 15’ sewer main located in McLaughlin Road, as shown on the SP 260S1 – Master Sewer Plan. Wastewater from future project-specific development within the Project site boundaries would be delivered through EMWD sewer lines to EMWD’s Perris Valley Regional Water Reclamation Facility (PVRWRF) located on approximately 300 acres just west of Interstate-215 (I-215) and south of Case Road (±1½ miles west/northwest of the Project site). It is noted, the PVRWRF recently underwent a seven-year $180 million expansion that was completed in March 2014 and increased the previous capacity of the facility from 14 million gallons per day (14 mgd) to a current capacity of 22 mgd, with an ultimate capacity of 100 mgd. Further specifics are summarized under Threshold a. Typical daily flows as of 2016 are reported at 13.8 mgd which indicates the facility is operating at approximately sixty-three percent (63%) of its current 22 mgd capacity. The proposed Project will be subject to sewer connection fees. The purpose of these fees is to pay for existing and future sewer capacity. Standard Condition SC-USS-1, as outlined in Subsection 4.16.5 of the Draft EIR, shall be implemented to address these fees. Standard Condition SC-USS-1 is not considered unique mitigation under CEQA. Sufficient wastewater treatment capacity is available to serve the Project from existing resources. As the existing wastewater treatment provider, EMWD has adequate capacity to serve the Project’s projected demand in addition to serving its existing DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 92 commitments. Impacts will be less than significant. 4. Solid Waste Threshold d.: Would the Project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to utilities and service systems – solid waste will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, pp. 4.16-45 through 4.16-49, p. 4.16-50 for Standard Conditions) Explanation: Municipal waste collection services in the City of Menifee, inclusive of the proposed Project, is provided by Waste Management, Inc. The Riverside County Waste Management Department (RCWMD) is responsible for the efficient and effective landfill disposal of non- hazardous county waste. To accomplish this, the RCWMD operates six active landfills and administers a contract agreement for waste disposal at the private El Sobrante Landfill. The Department also oversees several transfer station leases, as well as a number of recycling and other special waste diversion programs. As set forth in the City of Menifee General Plan DEIR (September 2013), more than 99% of the solid waste generated within the City during 2011 was deposited in two landfills: El Sobrante Landfill in unincorporated Riverside County south of the City of Corona, and Badlands Sanitary Landfill near the City of Moreno Valley. The El Sobrante Landfill is significantly larger than the Badlands Landfill in terms of size and capacity. El Sobrante Landfill The Project site is located within the service area of the El Sobrante Landfill, a service area that typically includes the cities/communities within southwestern Riverside County, as well as multiple jurisdictions within the counties of Los Angeles, Orange, San Bernardino and San Diego. As of January 2011, the landfill had a remaining in-County disposal capacity of approximately 38.506 million tons. During calendar year 2016, a total of 2,652,941 tons of municipal solid waste was disposed at the El Sobrante Landfill. Of this amount, 852,987 tons originated from Riverside County sources, and 1,799,954 tons originated from out-of-County sources. El Sobrante received 123,068 tons of Alternate Daily Cover in the form DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 93 of cement treated incinerator ash. Based on 309 working days (362 days minus Sundays and Major Holidays), an average of 8,596 (rounded to the nearest whole number) tons of waste were received at the landfill on a daily basis in 2016. The estimated 2017 total tonnage figure is projected to have increased slightly over the 2016 figure, to approximately 2,700,000 tons or an average amount of approximately 8,738 tons per day (2,700,000 tons ÷ 309 days). This indicates a year over year increase of 1.65% and is substantially below the allowable disposal capacity of 16,054 tons per day permitted pursuant to the current agreement/operating permit, as amended. As of the 2007 Second Amendment date, the landfill had a projected 50-year remaining life through 2036; however, based on 2016 figures, there was 141,192,896 tons of remaining capacity, indicating an approximate 54-year remaining life before the facility reaches capacity. According to the City GPEIR, the El Sobrante facility is estimated to have sufficient capacity until 2045. The City of Menifee evaluates solid waste generation for proposed development projects based on a per capita generation rate. As set forth in the City’s GPEIR, there are five generation factors depending on land use; one for Residential Land Use (includes both single-family and multi-family projects), two for Commercial Land Use (Retail and Non-Retail) and two for Industrial/Manufacturing Land Use (Light and Heavy). The generation factors are set forth in Draft EIR Table 4.16-21, Solid Waste Generation Factors. While the Project’s proposed land use amendment does not include a project-specific development component, future project-specific development within the Project site boundaries will generate to the solid waste stream. The solid waste generation forecast for the residential component is based on the Project’s maximum potential density of 637 dwelling units multiplied by the Residential Generation Factor set forth in the City GPEIR (10 lbs./dwelling unit/day), as shown above. The solid waste generation forecast for the Project’s Commercial component is based on the maximum Commercial Non-Retail generation factor (13 lbs./1,000 SF/day) set forth in the City’s GPEIR and estimating an overall floor area ratio (FAR) for the Project at the upper end of the range used by the city in their Land Use Buildout Summary (Exhibit LU-4, GPEIR) which ranges from a low of 0.23 for commercial retail use, to a high of 0.38 for business park use. For purposes of this analysis, the Project site’s overall commercial intensity is estimated to result in an average floor area ratio 0.35. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 94 Based on the above factors, the future Project-specific development within the Project site boundaries, at build-out, is projected to generate an average of 11,146 pounds (5.57 tons) of solid waste per day, or 4,068,501 pounds (2,034.2 tons) of solid waste per year, as summarized in Table 4.16-22, Project Site – Solid Waste Generation Forecast, of the Draft EIR. Individual development projects within the City of Menifee are required to comply with applicable State and local regulations reducing landfill waste by at least 50 percent (reference Standard Condition SC-USS-4); therefore, future project-specific development within the Project site boundaries is forecast to contribute 5,573 lbs. (approximately 2.78 tons) of solid waste per day for disposal at the El Sobrante Landfill or the Badlands Sanitary Landfill. This represents a nominal amount of approximately 0.032% (2.78 tons ÷ 8,738 tons) of the estimated average daily solid waste disposed at the El Sobrante Landfill. Therefore, development of the Project site, as proposed, would not generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. Impacts will be less than significant. 5. Comply with Statutes and Regulations Threshold e.: Would the Project comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to utilities and service systems – comply with statutes and regulations will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Initial Study, p. 133) Explanation: The proposed Project is required to comply with all applicable federal, state, and local management and reduction statutes and regulations related to solid waste as a standard Project condition of approval. Impacts will be less than significant. Reference Standard Condition SC-USS-4 (Solid Waste). T. WILDFIRE 1. Emergency Plans Threshold a.: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the Project substantially impair an adopted emergency response plan or emergency evacuation plan? DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 95 Finding: The City of Menifee finds based on the Final EIR and the whole of the record that with adherence to standard conditions, impacts related to wildfire – emergency plans will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, p. 4.17-6, p. 4.17-12 for Standard Conditions) Explanation: The Project site is not located within an area identified as a very high fire hazard severity according to the 2008 CalFire maps utilized by the Fire Department. The Project will take access from existing roadways SR-74, Palomar Road and Junipero Road), and roadways that will be improved as part of the Project. These roadways will connect into part of an adopted emergency response plan/emergency evacuation plan, as implemented by the City of Menifee and County of Riverside. A limited potential exists to interfere with an emergency response or evacuation plan during construction. Construction work in the street associated with the Project will be limited to lateral utility connections (i.e., sewer) that will be limited to nominal potential traffic diversion. Control of access will ensure emergency access to the site and Project area during construction through the submittal and approval of a traffic control plan (TCP). Reference Standard Condition SC-TR-1. The TCP is designed to mitigate any construction circulation impacts. The TCP is a standard condition and is not considered unique mitigation under CEQA. Following construction, emergency access to the Project site and area will remain as was prior to the proposed Project. Following construction, emergency access to the Project site and area will remain as was prior to the proposed Project. Therefore, implementation of the Project will not substantially impair an adopted emergency response plan or emergency evacuation plan. Any impacts will be less than significant. 2. Pollutant Concentrations Threshold b.: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the Project, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that impacts related to wildfire – pollutant concentrations will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, pp. 4.17-6 through 4.17-11) Explanation: The Project site is not located within an area identified as a very high fire hazard severity according to the 2008 CalFire maps utilized DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 96 by the Fire Department. The topography of the Project site is relatively flat with natural gradients less than 2% to the south-southwest toward SR 74. The site elevation is approximately 1,468 – 1,484 feet above mean sea level. According to Figure 4.17-1, Surrounding Topography, of the Draft EIR, there are no steep slopes within a one-quarter mile radius of the Project site. The closest steep slope is located approximately one (1) mile to north of the Project site. Based on this information, the Project would not, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose Project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. Any impacts will be less than significant. 3. Associated Infrastructure Threshold c.: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the Project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that impacts related to wildfire – associated infrastructure will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, p. 4.17-11) Explanation: The Project site is not located within an area identified as a very high fire hazard severity according to the 2008 CalFire maps utilized by the Fire Department. The Project does not include and or require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment. Any roads and utilities will be installed in accordance with the respective jurisdiction requirements. Any impacts will be less than significant. 4. Post-Fire Conditions Threshold d.: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the Project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Finding: The City of Menifee finds based on the Final EIR and the whole of DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 97 the record that impacts related to wildfire – post-fire conditions will be less than significant. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1) (Draft EIR, p. 4.17-11) Explanation: The Project site is not located within an area identified as a very high fire hazard severity according to the 2008 CalFire maps utilized by the Fire Department. The topography of the Project site is relatively flat with natural gradients less than 2% to the south-southwest toward SR 74. The site elevation is approximately 1,468 – 1,484 feet above mean sea level. According to Figure 4.17-1, Surrounding Topography, of the Draft EIR, there are no steep slopes within a one-quarter mile radius of the Project site. The closest steep slope is located approximately one (1) mile to north of the Project site. Based on this information, the Project would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes. Any impacts will be less than significant. SECTION III IMPACTS THAT ARE LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED The City Council hereby finds that Mitigation Measures have been identified in the EIR and these Findings that will avoid or substantially lessen the following potentially significant environmental impacts to a less than significant level. The potentially significant impacts, and the Mitigation Measures that will reduce them to a less than significant level, are as follows: A. AIR QUALITY 1. Criteria Pollutant Threshold b.: Would the Project result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is non- attainment under an applicable federal or state ambient air quality standard? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that standard conditions and mitigation measures outlined are feasible and finds that these mitigation measures will reduce the impacts related to air quality – criteria pollutant to a less than significant level. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1)] (Draft EIR, p. 4.3-25, pp. 4.3-60 through 4.3-61 for Standard Conditions and Mitigation Measures, and FEIR Errata p. 3-5) Explanation: The California Emissions Estimator Model Version 2016.3.2 (CalEEMod) was used to calculate criteria air pollutants and GHG DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 98 emissions from the construction and operation of the Project. CalEEMod daily emissions outputs are provided in Appendix A of the AQ/GHG Analysis (Appendix B of the Draft EIR). Regional Construction Emissions Regional air quality emissions include both on-site and off-site emissions associated with construction of the Project. Regional daily emissions of criteria pollutants are compared to the SCAQMD regional thresholds of significance. As shown in Draft EIR Table 4.3-8, Regional Construction Emissions, regional daily emissions of criteria pollutants are expected to be below the allowable thresholds of significance with recommended mitigation measures. Additionally, the Project must follow all standard SCAQMD rules and requirements with regards to fugitive dust control, as described in Standard Condition SC-AQ- 1. Compliance with the dust control is considered a standard requirement and included as part of the Project’s design features, not mitigation. By incorporating the recommended design features and mitigation of architectural coatings to 10 g/L VOC for buildings and 100 g/L VOC for parking lot striping (Mitigation Measure MM-AQ-1), the daily regional emissions will be below the SCAQMD thresholds of significance. Therefore, with incorporation of mitigation, the Project’s short-term construction impact to regional air resources is less than significant. Mitigation Measure MM-AQ-1, which limits architectural coatings for Project buildings, shall be implemented. With the implementation of Mitigation Measure MM-AQ-1, the Project's regional VOC emissions will be reduced to a less than significant level. B. BIOLOGICAL RESOURCES 1. Adverse Effect Directly or Through Habitat Modifications Threshold a.: Would the Project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that mitigation measures outlined are feasible and finds that these mitigation measures will reduce the impacts related to biological resources – adverse effect directly or through habitat modifications to a less than significant level. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1)] (Initial Study, p. 43, pp. 49 through 50 for Mitigation Measures, and FEIR Errata pp. 3-1 and 3- DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 99 4) Explanation: Please also reference the discussion in Threshold b. Mitigation Measure MM-BIO-1 shall be implemented. MM-BIO-1 requires that prior to any disturbance to Features A, A1, A2, or B, the applicant shall acquire the necessary permits, which will include the appropriate mitigation, from the appropriate regulatory agencies, which may include the Regional Water Quality Control Board (RQWCB), U.S Army Corps of Engineers (ACOE) and the California Department of Fish and Wildlife (CDFW). With the incorporation of MM-BIO-1, any Project impacts that could have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U. S. Wildlife Service will be reduced to less than significant level. 2. Riparian Habitat or Other Sensitive Natural Community Threshold b.: Would the Project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that mitigation measures outlined are feasible and finds that these mitigation measures will reduce the impacts related to biological resources – riparian habitat or other sensitive natural community to a less than significant level. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1)] (Initial Study, p. 44, pp. 49 through 50 for Mitigation Measures, and FEIR Errata pp. 3-1 and 3- 4) Explanation: According to the Palomar Crossings 2010-090 Western Riverside County MSHCP Compliance Document, prepared by Searl Biological Services, June 28, 2018 (MSHCP Compliance Document, Appendix C of the Initial Study), one potential Riverine, two erosional, and one sediment transport feature were present on and directly adjacent to the Project site. The four features, as shown on Initial Study Figure 4-1, Potential 6.1.2 Resources, did not support suitable habitat for Least Bell’s Vireo (LBVI), Southwestern Willow Flycatcher (SWFL), or Yellow-billed Cuckoo (YBCU) and all were in disturbed ruderal areas and of low biological value. Features A, A1, A2, and B are potentially jurisdictional by the U. S. Army Corps of Engineers (ACOE), California Department of Fish and Wildlife (CDFW), and/or California Regional Water Quality Control Board (RWQCB). The feature, feature type and length are shown in Initial Study Table 4-1, Potential MSHCP Section 6.1.2 Resources. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 100 Mitigation Measure MM-BIO-1 shall be implemented. MM-BIO-1 requires that prior to any disturbance to Features A, A1, A2, or B, the applicant shall acquire the necessary permits, which will include the appropriate mitigation, from the appropriate regulatory agencies, which may include the Regional Water Quality Control Board (RQWCB), U.S Army Corps of Engineers (ACOE and the California Department of Fish and Wildlife (CDFW). With the incorporation of MM-BIO-1, any Project impacts that could have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service will be reduced to less than significant level. 3. Movement of any Native Resident or Migratory Fish or Wildlife Species Threshold d.: Would the Project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that mitigation measures outlined are feasible and finds that these mitigation measures will reduce the impacts related to biological resources – movement of any native resident or migratory fish or wildlife species to a less than significant level. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1)] (Initial Study, pp. 45 and 46, pp. 49 through 50 for Mitigation Measures, and FEIR Errata pp. 3-1 and 3-4) Explanation: Nesting bird species are protected by California Fish and Game Code Sections 3503 and 3503.5 and by the MBTA of 1918 (16 USC 703-711), which make it unlawful to take, possess, or needlessly destroy the nest or eggs of any migratory bird or bird of prey. The Project site, and areas in the immediate vicinity of the Project contains trees, shrubs, and grasslands that provide suitable nesting habitat for a number of migratory bird species known to nest in the Project area. The ornamental trees and shrubs at the north end of the Project site and the mature eucalyptus windrow adjacent to the southern boundary of the Project site provide potential roosting, foraging, and nesting habitat for migratory birds and raptors, such as hawks and owls. Impacts to nesting bird species must be avoided at all times. The period from approximately 15 February to 31 August is the expected breeding season for bird species occurring in the Project area. Under Mitigation Measure MM-BIO-2, if Project activity or vegetation removal must be initiated during the breeding season, a qualified biologist should check for nesting birds within three days prior to such activity. If active bird nests are found, avoidance DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 101 buffers of 1,000 feet for large birds of prey, 500 feet for small birds of prey, and 250 feet for songbirds, decided by CDFW on a case- by-case basis, will need to be observed and implemented. With these measures, impacts to nesting birds will be less than significant. 4. Conflict with Plans Threshold f.: Would the Project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that mitigation measures outlined are feasible and finds that these mitigation measures will reduce the impacts related to biological resources – conflict with plans to a less than significant level. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1)] (Initial Study, pp. 47 through 49, pp. 49 through 50 for Mitigation Measures, and FEIR Errata pp. 3-1 and 3-4) Explanation: The proposed Project is located within the Harvest Valley/Winchester Area Plan (HVWAP) of the Multi Species Habitat Conservation Plan (MSHCP) but is not located within a Criteria Area or adjacent to a Criteria Area or Conservation Area. Reference Initial Study Figure 9, Criteria Cell/Cell Groups. The Property was not located within a Criteria Cell/Criteria Cell Group; therefore, it was not targeted for long-term conservation within the MSHCP Reserve Assembly. Therefore, the Project would not conflict with the MSHCP reserve assembly. According to the Palomar Crossings 2010-090 Western Riverside County MSHCP Compliance Document, prepared by Searl Biological Services, June 28, 2018 (MSHCP Compliance Document, Appendix C of the Initial Study), one Riverine, two erosional, and one sediment transport feature were present on, and near, the southeastern portion of the Project site. Feature A was a human-constructed roadside ditch with broken cement in portions to stabilize the banks. This feature has been present for decades and likely historically put in place to divert flows from agricultural fields and roadways. Feature A was Riverine as defined by the MSHCP given that it was constructed decades ago to divert natural stream flows from agricultural and road areas, and it appears to eventually contribute flows to potential downstream resources. Features A1, A2, and B did not meet the criteria of a Riverine feature due to their lack of biological values and contribution to downstream resources. Features A1, A2, and B lack biological functions and habitat values for MSHCP Section 6.1.2 targeted species, and do not contribute to maintaining habitat values for species inside the MSHCP conservation area; therefore, these features have no long-term conservation value. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 102 The Project is not within a survey area for NEPSSA species. No surveys are required. The Project is consistent with MSHCP Section 6.1.3. The Property was located 1.60-miles away from the nearest Criteria Cell/Criteria Cell Group. No edge effects will occur at this long- distance; therefore, MSHCP Section 6.1.4 is not applicable. It should be noted that a total of 45 records of BUOW have been reported within five miles of the Property; however, 23 of those records were considered sensitive by CDFW and the detailed location data was suppressed with only the Winchester and Lakeview 7.5-minute USGS quadrangles provided. The remaining 22 records were from 1989 to 2016. The nearest documented occurrence was approximately 0.71 mile south of the Property in 2015. The MSHCP requires a habitat assessment and survey if burrowing habitat occurs on site. Field surveys were conducted on March 8, March 30, April 11, and April 26, 2018 by SBS biologist Tim Searl. The Property supported 65.24-acres of suitable BUOW habitat. An additional 42.88 acres of suitable BUOW habitat was present within 150-meters of the Property. All suitable habitat consisted of dryland agricultural areas and open non-native grassland that was routinely maintained for weed abatement. Eucalyptus woodland and overgrown ruderal/non-native grass areas were not suitable for BUOW. Potential owl burrows detected on the Property consisted entirely of California ground squirrel burrows/burrow complexes. No suitable burrow surrogates were detected on the Property. Burrows were primarily concentrated along fence-lines and utility tower/pole foundations where agricultural land uses and weed abatement equipment could not impact the burrows. Only three single burrows and one burrow complex was located in the open field area. No BUOW sign was observed at any of the potential owl burrow locations, including the entrances, or suitable perch locations nearby (i.e., fence posts, stakes, etc.). No BUOW or BUOW signs were detected on the Project site. No BUOW were detected on or within 150-meters of the Property. A 30-day pre-construction survey is required by the MSHCP prior to any Project-related ground disturbance activities. Pre- construction take avoidance surveys shall be proposed in accordance with MSHCP requirements and is included as Mitigation Measure MM BIO-3. Impacts will be reduced to a less than significant level with the incorporation of mitigation. The proposed Project is consistent with MSHCP Section 6.3.2. As outlined in Section 6 of the MSHCP, “Payment of the mitigation fee and compliance with the requirements of Section 6.0 are DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 103 intended to provide full mitigation under the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), Federal Endangered Species Act, and California Endangered Species Act for impacts to the species and habitats covered by the MSHCP pursuant to agreements with the U.S. Fish and Wildlife Service, the California Department of Fish and Wildlife and/or any other appropriate participating regulatory agencies and as set forth in the Implementing Agreement for the MSHCP.” The Western Riverside County Multiple Species Habitat Conservation Plan Mitigation Fee has been established to provide mitigation for biological impacts from projects within the MSHCP area. All building permit applicants may pay their Western Riverside County MSHCP mitigation fees at any time after having an approved land development permit for the City of Menifee Planning Division (ex: conditional use permit, public use permit, plot plan) and have also paid for building permit plan review or permit fees. Payment of this fee is included as Standard Condition SC- BIO-1. This is not considered unique mitigation under CEQA. In conclusion, the proposed Project is consistent with all applicable sections of the MSHCP. Adherence to Standard Condition SC- BIO-1, and implementation of Mitigation Measures MM BIO-1 through MM BIO-3, ensure consistency with the MSHCP. Thus, the proposed Project will not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Therefore, impacts are less than significant with adherence to standard conditions and mitigation measures. C. ENERGY 1. Energy Resources Threshold a.: Would the Project result in potentially significant environmental impacts due to wasteful, inefficient, or unnecessary consumption of energy resources, during Project construction or operation? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that standard conditions and mitigation measures outlined are feasible and finds that these mitigation measures will reduce the impacts related to energy – energy resources to a less than significant level. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1)] (Draft EIR, pp. 4.4-12 through 4.1-18, pp. 4.4-19 through 4.4-20 for Standard Conditions and Mitigation Measures) Explanation: Project Energy Consumption The three (3) main types of energy expected to be consumed by the Project include electricity, propane gas and petroleum products in the form of gasoline and diesel fuel. Energy usage for the DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 104 proposed Project is calculated based on the Palomar Crossing Air Quality and GHG Impact Study, prepared by RK Engineering, Inc., 4-2-2019 (Appendix B of the Draft EIR). The California Emissions Estimator Model Version 2016.3.2 (CalEEMod) is used to calculate energy usage from Project construction and operational activities. Electricity Consumption The Project will use electricity for many different operational activities including, but not limited to, building heating and cooling, lighting, appliances, electronics, mechanical equipment, electric vehicle charging, and parking lot lighting. Indirect electricity usage is also required to supply, distribute, and treat water and wastewater for the Project. Electricity will be provided through Southern California Edison. Temporary electricity usage for construction activities may include lighting, electric equipment and mobile office uses. CalEEMod does not calculate electricity usage during construction as electricity consumption during construction is short-term and relatively minor compared to the operational demand. Therefore, electricity usage during construction is not counted in this analysis. Table 4.4-9, Project Electricity Consumption, of the Draft EIR, shows the Project’s estimated operational electricity consumption in kilowatt-hours per year (kWh/year) and millions of Btu per year. Natural Gas Consumption The Project will use natural gas for building heating and cooling, cooking and kitchen appliances and water heating. Natural gas is not expected to be used during construction in any significant quantities and is not included in the overall calculation of the Project’s natural gas consumption. Table 4.4-10, Project Natural Gas Consumption, of the Draft EIR shows the Project’s estimated operational natural gas consumption in millions of Btu per year. Petroleum Consumption The Project’s energy consumption from petroleum products is primarily associated with transportation related activities. This includes gasoline and diesel fuel used for auto and truck trips during construction and operation and off-road equipment during construction. 1. Construction Construction of the project is estimated last approximately 43 months and consist of site preparation, grading, building construction, paving, and architectural coating phases. Construction activities will consume energy in the form of motor DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 105 vehicle fuel (gasoline and diesel) for off-road construction equipment and on-road vehicle trips. Vehicle trips include workers and vendors traveling to and from the job-site and no earthwork hauling is associated with the Project, because the Project will have a balance of cut and fill. Table 4.4-11, Construction Off-Road Equipment Energy Consumption, of the Draft EIR, shows the Project’s energy consumption for all off-road equipment during construction. For purposes of this analysis, all off-road equipment is assumed to run on diesel fuel. Table 4.4-12, Construction On-Road Trips Energy Consumption, of the Draft EIR, shows the Project’s energy consumption from on-road vehicle trips during construction. 2. Operation The Project is expected to consume energy from the generation of operational auto and truck trips based on the land use mix described in the Palomar Crossing Air Quality and GHG Impact Study (Appendix B of the Draft EIR). Vehicle trips are associated with workers, customers and vendors/non-workers (i.e. delivery, service and maintenance vehicles, etc.) traveling to and from the site. Table 4.4-13, Operational Trips Energy Consumption, of the Draft EIR, shows the Project’s energy consumption for all operational trips generated by the Project on an annual basis. Total Project Energy Consumption The Project’s total energy consumption is calculated in MBtu and shown in Draft EIR Table 4.4-14, Total Project Energy Consumption. Total Project energy consumption includes electricity, natural gas and petroleum usage during construction and operation. The Project will be required to comply with the mandatory requirements of California’s Building Energy Efficiency Standards (Title 24, Part 6) and Green Building Standards (CALGreen, Title 24, Part 11). California’s building energy efficiency standards are some of the strictest in the nation and the Project’s compliance with California’s building code will ensure that wasteful, inefficient or unnecessary consumption of energy is minimized. The building standards code is designed to reduce the amount of energy needed to heat or cool a building, reduce energy usage for lighting and appliances and promote usage of energy from renewable sources. The Project will be required to comply with the Project design features listed as Standard Condition SC-ENR-1 through Standard Condition SC-ENR-5 as well as Mitigation Measures MM-ENR- 1 through MM-ENR- 7. With adherence to Mitigation Measures MM- ENR- 1 through MM-ENR- 7 and Standard Condition SC-ENR-1 DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 106 through Standard Condition SC-ENR-5, the Project will not result in potentially significant environmental impacts due to wasteful, inefficient, or unnecessary consumption of energy resources, during Project construction or operation. Any impacts will be less than significant. D. GREENHOUSE GAS EMISSIONS 1. Greenhouse Gas Emissions Threshold a.: Would the Project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that mitigation measures outlined are feasible and finds that these mitigation measures will reduce the impacts related to greenhouse gas emissions – greenhouse gas emissions to a less than significant level. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1)] (Draft EIR, pp. 4.5-11 through 4.5-14, p. 4.5-22 for Mitigation Measures, and FEIR Errata p. 3-5) Explanation: The following Project Design Features are incorporated into the Project design:  DF-GHG-1 Carpooling shall be encouraged for construction workers.  DF-GHG-2 The project shall comply with current California Title 24 standards. Construction Greenhouse Gas Emissions Greenhouse gas emissions are estimated for on-site and off-site construction activity using CalEEMod. Draft EIR Table 4.5-4, Construction Greenhouse Gas Emissions shows the construction greenhouse gas emissions, including equipment and worker vehicle emissions for all phases of construction. Construction emissions are averaged over 30 years and added to the long term operational emissions, pursuant to SCAQMD recommendations. Operational Greenhouse Gas Emissions Greenhouse gas emissions are estimated for on-site and off-site operational activity using CalEEMod. Greenhouse gas emissions from mobile sources, area sources and energy sources are shown in Draft EIR Table 4.5-5, Operational Greenhouse Gas Emissions. The analysis first compares the Project’s GHG emissions to the SCAQMD’s Tier 3 approach, which limits GHG emissions to 3,000 MTCO2e. As shown in Draft EIR Table 4.5-5, Project GHG emissions are expected to exceed 3,000 MTCO2e with all reasonably DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 107 feasible mitigation measures. Therefore, the SCAQMD Tier 4 thresholds are applicable. The Project has been compared to the SCAQMD tier 4 interpolated 2023 target service population threshold of 4.44 MTCO2e per specific plan per year (The Tier 4 2023 threshold was interpolated from the SCAQMD Tier 4 2020 Target Service Population Threshold of 4.8 MTCO2e/year/SP and the 2035 Target Service Population Threshold of 3.0 MTCO2e/year/SP), based on Compliance Option 3 As shown in Draft EIR Table 4.5-5, the Project will meet the efficiency thresholds established in the Tier 4 with the incorporation of Mitigation Measure MM-GHG-1 through Mitigation Measure MM-GHG-7. With implementation of Mitigation Measure MM-GHG-1 through Mitigation Measure MM-GHG-7, impacts would be reduced to a less than significant level. E. HAZARDS AND HAZARDOUS MATERIALS 1. Release of Hazardous Materials Threshold b.: Would the Project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that mitigation measures outlined are feasible and finds that these mitigation measures will reduce the impacts related to hazards and hazardous materials – release of hazardous materials to a less than significant level. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1)] (Initial Study, pp. 78 and 79, p. 82 for Mitigation Measures) Explanation: The Phase I ESA conducted for the Project site did not revealed evidence of a recognized environmental conditions or concerns in connection with the Project site. However, according to the Phase I ESA, the Project site was utilized for agricultural purposes from at least 1938 until at least 1967. Environmentally persistent pesticides commonly applied prior to the 1980s can linger in the soil for many years. It is not known if environmentally persistent pesticides were applied at the Project site. Based upon the length of time that has elapsed since agricultural usage has occurred; it is unlikely the potential former usage of pesticides has significantly impaired the Project site or would require remedial actions. However, in an abundance of caution, Mitigation Measure MM- HAZ-1 shall be incorporated. MM-HAZ-1 required monitoring during ground disturbance activities and remediation if pesticides are present. With the incorporation of MM-HAZ-1, any impacts will be reduced to a less than significant level. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 108 2. Excessive Noise Threshold e.: Would the Project result in a safety hazard or excessive noise for people residing or working in the Project area (for a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport)? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that mitigation measures outlined are feasible and finds that these mitigation measures will reduce the impacts related to hazards and hazardous materials – excessive noise to a less than significant level. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1)] (Draft EIR, pp. 4.6-13 through 4.6-15) Explanation: The Project site is located in a compatibility zone (Zone E) for the March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan. According to the March Air Reserve Base / Inland Port Airport Land Use Compatibility Plan, Zone E (Other Airport Environs) has low noise impacts (this area is beyond the 55-CNEL noise contour), and risk of accidents is low. There are also no restrictions for dwelling units per acre in this Zone and no hazards to flight. The runway for March Air Reserve Base/Inland Port Airport is located approximately 9.56 miles to the north-northwest of the Project site. The Project is required to be reviewed by the Riverside County Airport Land Use Commission (ALUC) before being considered for approval by the City. If ALUC determines that a development plan is inconsistent with the Airport Land Use Plan, ALUC requires the local agency to reconsider its approval regarding land use compatibility. The local agency may overrule the ALUC by a two- thirds vote of its governing board if it makes specific findings that the proposed action is consistent with Section 21670 of the California Public Utilities Code (California Aeronautics Act). As shown on Figure 5.8-4, Airport Compatibility Zones, Perris Valley Airport, of the GPEIR, the Project site is not located within any Compatibility Zones of the Perris Valley Airport. The runway is located approximately 3.28 miles to the northwest of the Project site. No impacts are anticipated. An application was submitted to ALUC for Specific Plan Amendment (SPA2010-090). The Project was assigned File No. ZAP1377MA19. The ALUC Director found the Project to be consistent with the 2014 March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan (March ALUCP) on July 25, 2019 (reference ALUC Letter, Appendix R of the Draft EIR). The ALUC Letter stated the following: “Under the delegation of the Riverside County Airport Land Use Commission (ALUC) pursuant to ALUC Resolution DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 109 No.15-01 (as adopted on August 13, 2015), staff reviewed City of Menifee Case No. 2010-090 (Specific Plan Amendment), a proposal to amend the land use designations within a portion of Specific Plan No. 260 (SP260 A3) Menifee North Specific Plan located in the City of Menifee, specifically the portion located northerly of State Highway Route 74, westerly of Menifee Road, and easterly of Palomar Road. (The Specific Plan was initially approved by the County of Riverside prior to incorporation of the City of Menifee, and a portion of the Specific Plan lies outside City limits.) The area proposed for amendment constitutes Planning Areas 11 through 14, which are currently proposed to provide 28.3 acres of Business Park uses (Planning Areas 11 and 12), 14.6 acres of Commercial/Business Park uses (Planning Area 13), and 11.7 acres of Commercial uses (Planning Area 14). (In addition, there is a 9.12- acre Southern California Edison ["SCE"] transmission line easement). The proposed amendment would provide for 22.03 acres of Commercial uses, 24.43 acres of Very High Density Residential uses, and 7.66 acres that could be developed with either Commercial or Very High Density Residential uses, excluding land within the SCE easement). Planning Areas 11 through 14 would be reconfigured as Planning Areas l IA, l lB, 12A, 12B, 13A, 13B, and 14. Junipero Road would separate Planning Areas 1lA from 11B, 12A from 12B, and 13A from 13B. (Technically, the SCE easement would be included within Planning Areas 11B, 12B, and 13B, although that area would not be available for development of residential or commercial uses.) Planning Areas 11A and 11B would be designated for Very High Density Residential uses, and Planning Areas 13A and 13B would be designated for Commercial uses. Planning Areas 12A and 12B would be designated to allow for either Commercial or Very High Density Residential land uses. The overall dwelling unit count for the portion of the Specific Plan within the City of Menifee would be capped at 1,506 dwelling units on 202.6 acres, with a density of 7.4 dwelling units per acre within the Planning Areas allowing for residential development. As amended, the portions of the Specific Plan within the City of Menifee would provide 126.39 acres of Commercial area (if Planning Areas l 2A and 12B are utilized for commercial development) (an increase of 18 acres], 36 acres of Commercial/Business Park area (a decrease of 14.6 acres), 197.5 acres of industrial area, 8.7 acres of Schools area, and 24.5 acres of Community Park area. The site is located within Airport Compatibility Zone E of the March Air Reserve Base/Inland Port Airport Influence Area (AIA). Within Compatibility Zone E of the March Air Reserve DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 110 Base/lnland Port Airport Influence Area, residential density and non-residential intensity are not restricted. As ALUC Director, I hereby find the above-referenced project CONSISTENT with the 2014 March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan ("March ALUCP"), provided that the City of Menifee incorporates in the text of the amended Specific Plan an acknowledgement that the Specific Plan is located within Compatibility Zone E of the March Air Reserve Base/Inland Port Airport Influence Area and that subsequent underlying entitlements will be reviewed in light of the then-applicable Airport Land Use Compatibility Plan. This finding of consistency relates to airport compatibility issues and does not necessarily constitute an endorsement of the proposed Specific Plan Amendment. As the site is located within Compatibility Zone E, both the existing and proposed Specific Plan land use designations are consistent with the March ALUCP. One requirement was contained in the ALUC Letter (Appendix R of the Draft EIR). This will be included as Mitigation Measure MM- HAZ-2 and will be incorporated so that the Specific Plan is located within Compatibility Zone E of the March Air Reserve Base/Inland Port Airport Influence Area and that subsequent underlying entitlements will be reviewed in light of the then-applicable Airport Land Use Compatibility Plan. This will ensure that any safety hazards for people residing or working in the Project area from the Project (being located proximity the March Air Reserve Base/Inland Port Airport) will be reduced to a less than significant level. F. NOISE 1. Noise Standards Threshold a.: Would the Project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that standard conditions and mitigation measures outlined are feasible and finds that these mitigation measures will reduce the impacts related to noise – noise standards to a less than significant level. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1)] (Draft EIR, pp. 4.9-13 through 4.9-24, pp. 4.9-29 through 4.9-31 for Standard Conditions and Mitigation Measures) Explanation: Construction Noise DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 111 During construction, the contractors will be required to comply with the Noise Ordinance from the City of Menifee Municipal Code. The City provides exemptions for construction activity operation during certain times. In order to ensure construction activity does not violate the City’s noise standards, all construction activities should take place during daytime hours, Monday through Saturday, between 6:00 AM and 6:00 PM, June through September, and 7:00 AM to 6:00 PM, October through May. No construction activity shall occur on Sundays or nationally recognized holidays. Reference Standard Condition SC-NOI-1 and Standard Condition SC-NOI-2. Draft EIR Table 4.9-3, Typical Construction Noise Levels shows typical construction noise levels at 50 feet for different types of equipment compiled by the Environmental Protection Agency (EPA). As shown in Table 4.9-3, construction activities have the potential to exceed the residential noise level standards in the City of Menifee. Typical operating cycles for these types of construction equipment may involve one or two minutes of full power operation followed by a few minutes at lower idling speeds. Although the single event exposure results in higher intermittent annoyance noise levels, the effect in the long-term ambient noise levels would be small when averaged over a longer time period. In addition to City of Menifee noise standards, the Federal Transit Administration (FTA) Transit Noise and Vibration Impact Assessment criteria are also used to establish significance thresholds. The FTA provides reasonable criteria for assessing construction noise impacts based on the potential for adverse community reaction. For residential uses, the daytime noise threshold is 80 dBA Leq for an 8-hour period. In compliance with the City’s Municipal Code, it is assumed construction would not occur during the noise- sensitive nighttime hours. Draft EIR Table 4.9-4, Construction Related Noise Levels (dBA), shows the estimate construction noise levels at adjacent residential uses. Noise levels are calculated at 50 feet as a worst-case assessment of noise impacts. The actual location of construction equipment will vary over an 8-hour work day. FHWA Roadway Construction Noise Model output worksheets are provided in Appendix J of the Noise Study (Appendix H of the Draft EIR). Standard Conditions SC-NOI-1 (The Menifee Municipal Code, Section 9.09 (Noise Ordinance), Section 9.09.020 – General Exemptions), and SC-NOI-2 (The Menifee Municipal Code, Section 9.09 (Noise Ordinance), Section 9.09.030 – Construction-Related Exemptions shall apply to the Project as they apply to construction noise and other Project generated noise. In addition, Mitigation Measures MM-NOI-1 through MM-NOI-5 shall be implemented to reduce construction noise to a less than significant level. Mitigation DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 112 Measure MM-NOI-1 requires that during construction, the contractor shall ensure all construction equipment is equipped with appropriate noise attenuating devices and equipment shall be maintained so that vehicles and their loads are secured from rattling and banging. Idling equipment shall be turned off when not in use. Mitigation Measure MM-NOI-2 requires that construction staging areas should be located as far from noise sensitive land uses as reasonably feasible, and Mitigation Measure MM-NOI-3 requires that no pile driving, vibratory rollers, or heavy earth work activity, such as blasting is expected to take place during Project construction. However, if such activity is required, additional vibratory analysis and monitoring may be necessary. This will be determined during grading activities, and if discovered, may be subject to additional environmental review. It is not anticipated and is only discussed here for disclosure purposes. With adherence to Standard Conditions SC-NOI-1 and SC-NOI-2, and implementation of Mitigation Measures MM-NOI-1 through MM-NOI-5, Project impacts from construction will remain less than significant. Operational Noise The NIS analyzed the changes to future traffic noise levels along roadways near the proposed Project site and compares the results to the City’s Noise Standards Traffic noise along SR-74, Palomar Road, and Menifee Road will be the main source of noise impacting the Project site and the surrounding area. Roadway noise levels are projected at 100 feet from the centerline of each study roadway. The Project was analyzed based on Opening Year 2023 Baseline and Cumulative Conditions with and without Project roadway noise scenarios. 1. Traffic Source Noise – Opening Year 2023 Baseline Conditions Table 4.9-6, Opening Year 2023 Baseline Conditions Without Project Exterior Noise Levels Along Roadways (dBA CNEL), Table 4.9-7, Opening Year 2023 Baseline Conditions With Project Exterior Noise Levels Along Roadways (dBA CNEL), and Table 4.9- 8, Summary of Roadway Noise Impact Analysis (dBA CNEL) Opening Year 2023 Baseline Conditions of the Draft EIR indicate the Opening Year 2023 Baseline Conditions (existing traffic plus ambient growth) without Project and with Project scenario. The Project is anticipated to have a minimal impact on the Opening Year 2023 Baseline traffic noise levels. Noise levels are expected to increase by a maximum of 2.4 dBA CNEL, as a result of the Project, along various roadway segments near the Project site, as indicated in Draft EIR Table 4.9-8. The threshold of significance for determining significant changes to the ambient environment is 3 dB. Typically, the human ear can barely perceive a change in noise DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 113 level of 3 dB. Therefore, the Project will have a less than significant impact. 2. Traffic Source Noise – Opening Year 2023 Cumulative Conditions Table 4.9-9, Opening Year 2023 Cumulative Conditions Without Project Exterior Noise Levels Along Roadways (dBA CNEL), Table 4.9-10, Opening Year 2023 Cumulative Conditions With Project Exterior Noise Levels Along Roadways (dBA CNEL), and Table 4.9- 11, Summary of Roadway Noise Impact Analysis (dBA CNEL) Opening Year 2023 Cumulative Conditions of the Draft EIR indicate the Opening Year 2023 Cumulative Conditions (existing traffic plus ambient growth plus cumulative development traffic) without Project and with Project scenario. The Project is anticipated to have a minimal impact on the Opening Year 2023 Cumulative traffic noise levels. Noise levels are expected to increase by a maximum of 2.4 dBA CNEL, as a result of the Project, along various roadway segments near the Project site, as indicated in Draft EIR Table 4.9- 11. The threshold of significance for determining significant changes to the ambient environment is 3 dB. Typically, the human ear can barely perceive a change in noise level of 3 dB. Therefore, the Project will not have a significant impact. A copy of the roadway noise calculations for Cumulative conditions are included in Appendices G & H of the NIS. Noise/Land Use Compatibility The NIS also analyzed the land use compatibility for the Project site. Draft EIR Table 4.9-12, Noise/Land Use Compatibility (dBA CNEL) details the Land Use Compatibility rating for each Planning Area within the Project site. It is estimated that future exterior noise levels within the Project site will range from approximately 55.2 dBA CNEL – 69.5 dBA CNEL. As a result, estimated future CNEL noise levels indicate that all planning areas for both land uses fall within both the Normally Acceptable and Conditionally Acceptable rating, with the exception of PA 12 (West), which is expected to fall within the Normally Acceptable rating only. Based on the City of Menifee adopted Land Use Compatibility for Community Noise Environments Matrix, projects with land uses that fall within the Conditionally Acceptable rating indicate the following is required: New construction or development should be undertaken only after a detailed analysis of the noise reduction requirements is made and the needed noise insulation features are included in the design. Conventional construction, but with closed windows and fresh air supply DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 114 systems or air conditioning, will normally suffice. Therefore, residential noise levels would meet the exterior and interior noise standards with the implementation of Mitigation Measures MM-NOI-6 and MM-NOI-7 described in Section 4.9.5 of the Draft EIR. Mitigation Measure MM-NOI-6 requires the Project applicant shall employ noise control barriers. Mitigation Measure NOI-5 requires the Project applicant to submit a final detailed noise assessment to ensure all City of Menifee noise level standards are met prior to the issuance of a building permit. With the incorporation of Mitigation Measure MM-NOI-1 through MM-NOI-7 the Project would not result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. Any impacts would be reduced to a less than significant level. 2. Vibration Threshold b.: Would the project result in the exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that mitigation measures outlined are feasible and finds that these mitigation measures will reduce the impacts related to noise – vibration to a less than significant level. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1)] (Draft EIR, pp. 4.9-24 through 4.9-28, pp. 4.9-29 through 4.9-31 for Mitigation Measures) Explanation: The NIS (Appendix H of the Draft EIR) also evaluated potential vibration impacts on-site and the surrounding area based on the typical construction vibration levels referenced from the Transit Noise and Vibration Impact Assessment of the Federal Transit Administration. The Project is not expected to require the use of impact pile driving, vibratory rollers, or heavy earth moving activities, such as blasting that may result in significant groundborne vibration. The nearest buildings located on site are considered older residential structures and/or modern industrial/commercial buildings. The damage potential threshold to said structures, according to the Caltrans Guidance Manual, is 0.5 PPV (in/sec) for older residential structures, and 2.0 PPV (in/sec) for modern industrial/commercial buildings. Mitigation Measures MM-NOI-1 through MM-NOI-5 have been provided in Section 4.9.5 of the Draft EIR to ensure that construction vibration levels are minimized to create a less than significant impact that will also be below the damage threshold of significance. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 115 Additionally, the existing Edison utility towers located in the easement area of PA 12 and PA 13 would be considered modern structures and are estimated to have a minimum damage potential threshold of 0.5 PPV. As shown in Draft EIR Tables 4.9-16 and 4.9- 17, the Project is not expected to generate groundborne vibration activities that would significantly impact the existing Edison towers. G. Public Services 1. Fire Protection Threshold a.: Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for Fire protection and emergency response services? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that standard conditions and mitigation measures outlined are feasible and finds that these mitigation measures will reduce the impacts related to public services – fire protection to a less than significant level. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1)] (Draft EIR, pp. 4.11-7 through 4.11-8, and FEIR Errata pp. 3-6 and 3-7) Explanation: The proposed Project would result in the development of 637 multi- family units. At 3.6 persons per household, per US Census ACS 5- year Estimates, it is anticipated that the Project would result in a direct population increase of approximately 2,293 persons at Project buildout. Note, the US Census ACS 5-year Estimates persons per household is greater than the Department of Finance 2017 rate of 2.95 persons per household. The first unit from Station #76 should arrive within 5 to 6 minutes after dispatch. Current minimum staffing levels of three persons per responding unit presently meet existing demands. Fire protection and emergency response services will continue to be provided by the Riverside County Fire Department.  The Project site is subject to Ordinance No. 17-232, Development Impact Fees (DIF). DIF shall be paid at the time a certificate of occupancy is issued for the Development Project or upon final inspection, whichever occurs first. However, the fees may be paid at the time application is made for a building permit. DIF is used to pay for Fire protection services. It should be noted that payment of DIF is required and is not considered unique mitigation under CEQA. Please reference Standard Condition SC-PS-2. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 116 An additional performance objective with respect to fire services is the provision of adequate fire flow to provide water pressures great enough to serve the given type of construction. Without adequate fire hydrant spacing and fire flow, structures could be at undue risk and performance objectives are not met. Therefore, impacts related to fire flow would be significant without implementation of Standard Condition SC-PS-2 (Municipal Code Section 8.20 (Fire Code). With implementation of Standard Condition SC-PS-2, which requires adequate hydrants (spacing), fire flows (volume of flow per minute) and sprinklers for new structures, impacts can be reduced to a less than significant impact level. The FIA (Appendix N of the Draft EIR) demonstrates the annual recurring revenues to the City’s General Fund at Project build-out will equal $1,211,128 compared to recurring fiscal costs of $825,575, a net benefit to the City of approximately $385,553. The largest sources of revenue will result from sales tax (39.9%), Measure DD Funds (23.9%), and property tax (18.0%). This finding demonstrates that the Project’s future demands on the provision of fire protection and emergency response services will be more than fulfilled in the future after it is developed. The timing for the development of the commercial portion of the Project may be such that it will not be developed prior to the residential component. Should this occur, and if the DIF fees are not sufficient to cover costs of residential demand for public services, the Project developer shall negotiate a method of covering the costs of services to be extended to the site, such as a Public Services fee or payment of an in lieu fee. The objective is to mitigate the costs of services that exceed actual costs of delivering these services to address non-safety impacts. This is reflected in Mitigation Measure MM-PS- 1. 2. Police Protection Threshold b.: Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for Police protection? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that standard conditions and mitigation measures outlined are feasible and finds that these mitigation measures will reduce the impacts related to public services – police protection to a less than significant level. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1)] (Draft EIR, pp. 4.11-11 through 4.11-13, and FEIR Errata pp. 3-6 and 3-7) Explanation: The proposed Project would result in the development of 637 multi- family units. At 3.6 persons per household, per US Census ACS 5- DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 117 year Estimates, it is anticipated that the Project would result in a direct population increase of approximately 2,294 persons at Project buildout. Using the City of Menifee’s preferred staffing ratio of 0.64 officers per 1,000 people (approved in 2018 by the City Council), the Project would generate a total demand for 1.47 additional officers, which is a need for 1.47 more officers than would be generated if the land use and zoning were left unchanged. Sheriff Services will continue to be provided by the Riverside County Sheriff Department. Since police protection services are based upon per capita service levels, the Project will require an incremental increase in these services to maintain current service levels. With the increase in sworn Sheriff’s officers to serve the Project area, the Project contributes to maintaining the current response times within the Sheriff’s Perris service area, or the City’s Police Department, once operational. The City development review process and building permit plan check process include review by the County Sheriff Department to ensure incorporation of defensible space concepts in site design and construction. This is reflected in Standard Condition SC-PS-4, which requires all Project development to incorporate defensible space concepts, and that the design of each tract be reviewed with the Sheriff Department prior to approval of any final tract maps, conditional use permits or other entitlements. The Project site is subject to Ordinance No. 17-232, Development Impact Fees (DIF). DIF shall be paid at the time a certificate of occupancy is issued for the Development Project or upon final inspection, whichever occurs first. However, the fees may be paid at the time application is made for a building permit. DIF is used to pay for police protection services. It should be noted that payment of DIF is required and is not considered unique mitigation under CEQA. Please reference Standard Condition SC-PS-3, in Subsection 4.11.3.4, of the Draft EIR. The FIA demonstrates the annual recurring revenues to the City’s General Fund at Project build-out will equal $1,211,128 compared to recurring fiscal costs of $825,575, a net benefit to the City of approximately $385,553. The largest sources of revenue will result from sales tax (39.9%), Measure DD Funds (23.9%), and property tax (18.0%). This finding demonstrates that the Project’s future demands on the provision of fire protection and emergency response services will be more than fulfilled in the future after it is developed. The timing for the development of the commercial portion of the Project may be such that it will not be developed prior to the residential component. Should this occur, and if the DIF fees are not sufficient to cover costs of residential demand for public DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 118 services, the Project developer shall negotiate a method of covering the costs of services to be extended to the site, such as a Public Services fee or payment of an in lieu fee. The objective is to mitigate the costs of services that exceed actual costs of delivering these services to address non-safety impacts. This is reflected in Mitigation Measure MM-PS-1. A portion of the development impact fees/tax revenue can be used to fund the acquisition of land, buildings, staffing, and equipment necessary to offset project-related law enforcement demand impacts. Therefore, potential impacts related to the need for new or physically altered Sheriff Services are considered to be less than significant after payment of development impact fees at the time of Project construction. H. TRANSPORTATION 1. Conflict with Plans – Pedestrian and Bicycle Paths, and Mass Transit Threshold a.: Would the Project conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that standard conditions and mitigation measures outlined are feasible and finds that these mitigation measures will reduce the impacts related to transportation – conflict with plans – pedestrian and bicycle paths, and mass transit to a less than significant level. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1)] (Draft EIR, pp. 4.13-37 through 4.13-55, pp. 4.13-57 through 4.13-62 for Standard Conditions and Mitigation Measures) Explanation: The Project will be served by sidewalks. Bicycle racks will be provided in accordance with City Development Code requirements. This takes into account all modes of transportation, including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit. In addition, in order to ensure the Project is consistent with the goals and policies of the General Plan and other regional transportation plans that encourage multi-modal transportation, Mitigation Measures MM-TR-3 through MM-TR-7 shall be implemented. In conclusion, with the incorporation Mitigation Measures MM-TR-3 through MM-TR-7, the Project will not conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 119 SECTION IV IMPACTS THAN CANNOT BE FULLY MITIGATED TO A LESS THAN SIGNIFICANT LEVEL The City Council hereby finds that, despite the incorporation of Mitigation Measures identified in the EIR and in these Findings, the following environmental impacts cannot be fully mitigated to a less than significant level and a Statement of Overriding Considerations is therefore included herein: A. AIR QUALITY 1. Air Quality Plan Threshold a.: Would the Project conflict with or obstruct implementation of the applicable air quality plan? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that the Project will result in cumulatively significant ai pollutant emissions and will not reduce the impacts related to air quality – air quality plan to a less than significant level. This will remain a significant and unavoidable impact. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1)] (Draft EIR, pp. 4.3-21 through 4.3-23, p. 4.3-61 for Mitigation Measures, and FEIR Errata p. 3-5) Explanation: The California Environmental Quality Act (CEQA) requires a discussion of any inconsistencies between a proposed project and applicable General Plans and Regional Plans (CEQA Guidelines Section 15125). The regional plan that applies to the proposed Project includes the SCAQMD Air Quality Management Plan (AQMP). Therefore, this section discusses any potential inconsistencies of the proposed project with the AQMP. The purpose of this discussion is to set forth the issues regarding consistency with the assumptions and objectives of the AQMP and discuss whether the proposed Project would interfere with the region’s ability to comply with Federal and State air quality standards. If the decision-makers determine that the proposed project is inconsistent, the lead agency may consider Project modifications or inclusion of mitigation to eliminate the inconsistency. The SCAQMD CEQA Handbook states that "New or amended General Plan Elements (including land use zoning and density amendments), Specific Plans, and significant projects must be analyzed for consistency with the AQMP." Strict consistency with all aspects of the plan is usually not required. A proposed project should be considered to be consistent with the AQMP if it furthers one or more policies and does not obstruct other policies. The SCAQMD CEQA Handbook identifies two key indicators of consistency: 1. Whether the project will result in an increase in the frequency or DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 120 severity of existing air quality violations or cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the AQMP. 2. Whether the project will exceed the assumptions in the AQMP in 2016 or increments based on the year of project buildout and phase. Both of these criteria are evaluated in the following sections. Criterion 1 - Increase in the Frequency or Severity of Violations. Based on the air quality modeling analysis contained in this analysis, the short-term construction impacts will not result in significant impacts based on the SCAQMD regional and local thresholds of significance. However, this analysis also found that even with incorporation of mitigation, long-term operations impacts will exceed the SCAQMD regional threshold of significance for NOx. Therefore, the proposed Project contributes to the exceedance of an air pollutant concentration standard and is found to be inconsistent with the AQMP for the first criterion. Criterion 2 - Exceed Assumptions in the AQMP? Consistency with the AQMP assumptions is determined by performing an analysis of the proposed project with the assumptions in the AQMP. The emphasis of this criterion is to ensure that the analyses conducted for the proposed Project are based on the same forecasts as the AQMP. The 2016-2040 Regional Transportation/Sustainable Communities Strategy, prepared by SCAG, 2016, includes chapters on: the challenges in a changing region, creating a plan for our future, and the road to greater mobility and sustainable growth. These chapters currently respond directly to federal and state requirements placed on SCAG. Local governments are required to use these as the basis of their plans for purposes of consistency with applicable regional plans under CEQA. For this Project, the City of Menifee General Plan Update defines the assumptions that are represented in the AQMP. The proposed land use scenario analyzed in the EIR would be the most intensive use allowed under the SP amendment and that any subsequent modifications to the land use plan would be bounded by the trip cap and AQ emissions established in the EIR. Therefore, the Project would not result in an inconsistency with the land use designation for this site and is found to be consistent with the AQMP for the second criterion. However, as demonstrated above, the Project will not comply with the applicable thresholds of significance for NOx, even with the proposed mitigation measures. Therefore, the Project is not DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 121 consistent with the SCAQMD 2016 AQMP and the impact is considered potentially significant and unavoidable. No feasible mitigation is available. 2. Criteria Pollutant Threshold b.: Would the Project result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is non- attainment under an applicable federal or state ambient air quality standard? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that even with adherence to Standard Conditions SC- AQ-1 and SC-AQ-2, and implementation of Mitigation Measures MM-AQ-1 through MM-AQ-8 (which are feasible) that these standard conditions and mitigation measures will not reduce the project impacts related to air quality – air quality plan to a less than significant level. This will remain a significant and unavoidable impact. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1)]. (Draft EIR, pp. 4.3-30 through 4.3-32, pp. 4.3-60 through 4.3-61 for Standard Conditions and Mitigation Measures) Explanation: The California Emissions Estimator Model Version 2016.3.2 (CalEEMod) was used to calculate criteria air pollutants and GHG emissions from the construction and operation of the Project. Regional Operational Emissions Long-term operational air pollutant impacts from the Project are shown in Draft EIR Table 4.3-13, Regional Operational Emissions – Unmitigated. The Project is not expected to exceed any of the allowable daily emissions thresholds for criteria pollutants at the regional level, with the exception of NOx. NOx emissions are primarily associated with motor vehicle traffic and are expected to exceed the daily regional significance thresholds. Draft EIR Table 4.3-14, Regional Operational Emissions - Mitigated shows the Project’s opening year operational emissions with all reasonably feasible mitigation measures. While some trip reduction strategies can be imposed on employees, the Project cannot reasonably impose mitigation on private customers and their vehicles to the extent that would fully mitigate the impact. Even with the implementation of all reasonable measures, the NOx emissions still exceed thresholds. Thus, Project related long-term air quality impacts would be potentially significant and unavoidable. SCAQMD, as noted in the Brief of Amicus Curiae to the Supreme Court of California in the Friant Ranch Case, (April 6, 2015), states that, with regards to analysis of air quality related health impacts, EIRs must generally quantify a project’s pollutant emissions, but in some cases it is not feasible to correlate these emissions to DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 122 specific, quantifiable health impacts (e.g. premature mortality; hospital emissions). Given the current limitations of quantifying health risks from NOx and Ozone at a residential/commercial project level, as acknowledged by SCAQMD, a quantifiable risk assessment has not been performed. Mitigation Measures MM-AQ-2 through MM-AQ-8, requiring high- efficiency lighting, sidewalks, low-flow fixtures water-efficient irrigation, landfill waste reduction, ENERGY STAR-compliant appliances, and planting of trees shall be implemented in order to reduce Project emissions. Even with the incorporation of Mitigation Measures MM-AQ-2 through MM-AQ-8, the Project will result in a cumulatively considerable net increase of NOx for which the Project region is non-attainment under an applicable federal or state ambient air quality standard. Project impacts will be significant and unavoidable. B. TRANSPORTATION 1. Conflict with Plans Threshold a.: Would the Project conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Finding: The City of Menifee finds based on the Final EIR and the whole of the record that even with adherence to Mitigation Measure MM- TRA-1 (which is feasible) that this mitigation measure will not reduce the impacts related to transportation – conflict with plans to a less than significant level. This will remain a significant and unavoidable impact. [Pub. Res. Code §21081(a)(1); Guidelines § 15091(1)] (Draft EIR, pp. 4.13-25 through 4.13-36, pp. 4.13-57 through 4.13-62 for Standard Conditions and Mitigation Measures) Explanation: Project Opening Year Traffic Volumes Project Opening Year conditions without Project AM and PM peak hour intersection turning movement volumes and average daily traffic are shown on Draft EIR Figure 4.13-11, Project Opening Year (2023) Conditions without Project Traffic Volumes. Project Opening Year traffic conditions with Project traffic AM and PM peak hour intersection turning movement and average daily traffic volumes are shown in Draft EIR Figure 4.13-12, Project Opening Year (2023) Conditions with Project Traffic Volumes. As shown in Draft EIR Table 4.13-14, the following intersections are forecast to result in a significant traffic impact based on the City and Caltrans thresholds of significance: DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 123 Impacted Intersections 9. Palomar Road at Case Road; 11. Menifee Road at SR-74; 12. Menifee Road at McCall Boulevard; and 13. Briggs Road at SR-74. Project Opening Year Roadway Segment Analysis The roadway segment level of service calculations for Project opening year conditions are shown in Draft EIR Table 4.13-15, Project Opening Year (2023) Roadway Segment Analysis. The roadway segment analysis is on the existing functional configuration of the roadway. A significant Project impact is identified at the following segments: 1. SR-74: I - 215 to Antelope Rd. 2. SR-74: Antelope Rd. to Palomar Rd. 3. SR-74: Palomar Rd. to Menifee Rd. 4. SR-74: Menifee Rd. to Briggs Rd. 5. Ethanac Road: I - 215 to Matthews Rd. Project Opening Year Mitigation Measures With the recommendations shown in Draft EIR Table 4.13-16, Project Opening Year (2023) Recommended Mitigation Measures – Intersections, and Draft EIR Table 4.13-17, Project Opening Year (2023) Recommended Mitigation Measures – Roadway Segments all Project impacts would be reduced to less than significant with the exception of Segment #1, SR-74 from I 215 to Antelope Road. This segment is currently built out to the ultimate General Plan Alignment and further roadway widening may not be feasible. Therefore, the Project impact is considered potentially significant. The recommended mitigation measures needed to restore traffic operations to acceptable levels of service and reduce the Project’s impact to less than significant levels for Project opening year traffic conditions for the other intersections and roadways are provided in Table 4.13-16 and Table 4.13-17 of the Draft EIR. If the recommended improvements for mitigating a significant impact are included in the City’s TUMF network, then payment into the TUMF will mitigate the Project’s direct and cumulative significant impacts. If the recommended improvements are not included in the TUMF network, direct and cumulative impacts will be mitigated in the following manner: • Direct Impacts: The Project is 100% responsible for constructing the improvement. If the improvement is included in the City’s DIF program, the Project may receive in-lieu fee DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 124 credits for constructing the improvement. • Cumulative Impacts: The Project is required to pay its proportionate fair share toward the cost of constructing the improvement. If the improvement is included in the City’s DIF program, the project may receive in-lieu fee credits for its fair share contribution toward the cost of the improvement. Even with the implementation of Mitigation Measure MM-TR-1 all Project impacts would be reduced to less than significant with the exception of Segment #1, SR-74 from I 215 to Antelope Road. Therefore, the Project’s impact for Project opening year traffic conditions would be considered significant and unavoidable. Cumulative Conditions Intersection Level of Service Analysis The intersection level of service analysis for Cumulative conditions is shown in Draft EIR Table 4.13-18, Cumulative Condition Intersection Level of Service Analysis. The level of service analysis compares without Project conditions to with Project conditions. The level of service calculation worksheets for Cumulative conditions without Project are provided in Appendix F of the TIA and the level of service calculation worksheets for Cumulative conditions with Project are provided in Appendix G of the TIA (Appendix I of the Draft EIR). As shown in Draft EIR Table 4.13-18, the following intersections are forecast to result in a significant traffic impact based on the agency- established thresholds of significance: 1. I-215 SB Ramp at SR-74; 3. I-215 SB Ramp at Ethanac Road 4. I-215 NB Ramp at Ethanac Road 5. I-215 SB Ramp at McCall Boulevard 6. I-215 NB Ramp at McCall Boulevard 9. Palomar Road at Matthews Road 11. Menifee Road at SR-74 12. Menifee Road at McCall Boulevard Cumulative Conditions Roadway Segment Analysis The roadway segment level of service calculations for Cumulative Conditions is shown in Draft EIR Table 4.13-19, Cumulative Conditions Roadway Segment Analysis. The roadway segment analysis is based on the existing functional configuration of the roadway. A significant Project impact is identified at the following segments: 1. SR-74: I - 215 to Antelope Rd. 2. SR-74: I - 215 to Antelope Rd. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 125 3. SR-74: I - 215 to Antelope Rd. 4. SR-74: I - 215 to Antelope Rd. 5. Ethanac Road: I - 215 to Antelope Rd. 8. Menifee Road: Watson Road to SR-74 12. McCall Boulevard: I-215 to Menifee Road Cumulative Conditions With the recommendations shown in Draft EIR Table 4.13-16, Project Opening Year (2023) Recommended Mitigation Measures – Intersections, and Draft EIR Table 4.13-17, Project Opening Year (2023) Recommended Mitigation Measures – Roadway Segments, all Project impacts would be reduced to less than significant with the exception of Segment #1, SR-74 from I 215 to Antelope Road and Segment #12, McCall Boulevard from I-215 to Menifee Road. Additional widening improvements beyond the general plan classification may not be feasible. Therefore, the Project impact is considered potentially significant. The recommended mitigation measures needed to restore traffic operations to acceptable levels of service and reduce the Project’s impact to less than significant levels for all other intersections and roadways for Cumulative Conditions are provided in Table 4.13-20, Cumulative Conditions Recommended Mitigation Measures – Intersections, and Table 4.13-21, Cumulative Conditions Recommended Mitigation Measures – Roadway Segments of the Draft EIR. Mitigation Measure MM-TR-2 shall be implemented to restore traffic operations to acceptable levels of service for all intersections other than Segment #1, SR-74 from I-215 to Antelope Road and Segment #12, McCall Boulevard from I-215 to Menifee Road. If the recommended improvements for mitigating a significant impact are included in the City’s TUMF network, then payment into the TUMF will mitigate the Project’s direct and cumulative significant impacts. If the recommended improvements are not included in the TUMF network, direct and cumulative impacts will be mitigated in the following manner: • Direct Impacts: The Project is 100% responsible for constructing the improvement. If the improvement is included in the City’s DIF program, the Project may receive in- lieu fee credits for constructing the improvement. • Cumulative Impacts: The Project is required to pay its proportionate fair share toward the cost of constructing the improvement. If the improvement is included in the City’s DIF program, the Project may receive in-lieu fee credits for its fair share contribution toward the cost of the improvement. In addition to TUMF and DIF fees, the Project is required to pay a fair-share contribution for intersections and roadways where a DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 126 significant impact has been identified and the facility/improvement is not covered via the TUMF program. Reference Standard Conditions SC-TR-2 (TUMF), SC-TR-3 (DIF), and Design Feature DF-1. Draft EIR Table 4.13-22, Project Fair Share Contribution shows the calculated Project fair share for Cumulative Conditions. Typically, a project is required to contribute fair share based on Cumulative Conditions towards Opening Year mitigation requirements. Even with the implementation of Mitigation Measure MM-TR-2 all Project impacts would be reduced to less than significant with the exception of Segment #1, SR-74 from I-215 to Antelope Road and Segment #12, McCall Boulevard from I-215 to Menifee Road. Therefore, the Project’s impact for Cumulative Conditions would be considered significant and unavoidable. However, even with the implementation of Mitigation Measure MM- TR-1 all Project impacts would be reduced to less than significant with the exception of Segment #1, SR-74 from I 215 to Antelope Road. Therefore, the Project’s impact for Project opening year traffic conditions would be considered significant and unavoidable. Lastly, even with the implementation of Mitigation Measure MM-TR- 2 all Project impacts would be reduced to less than significant with the exception of Segment #1, SR-74 from I-215 to Antelope Road and Segment #12, McCall Boulevard from I-215 to Menifee Road. Therefore, the Project’s impact for Cumulative Conditions would be considered significant and unavoidable. SECTION V CUMULATIVE IMPACTS Regarding the project’s potential to result in cumulative impacts, the City hereby finds as follows: A. AESTHETICS Development of the proposed Project will contribute to the change of the general area with an intensification of development substantially greater than that which presently occurs on the site or in the surrounding vicinity. The existing General Plan land use designation is Specific Plan. SP206, A3 includes basically the same land uses with the exception of the High Density Residential, which will replace the Business Park classification. There will be an associated change in views, both to and from the Project site. As discussed in the Initial Study, the Project will not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within view from a state scenic highway. The Project site is not located within view from a state scenic highway. There are no officially designated scenic highways in or near the City of Menifee. State Route 74 (SR-74) passes through the northern part of the City and is considered an “Eligible State Scenic Highway – Not Officially Designated” by the California Department of Transportation. The nearest designated state scenic highway to the City is a portion of SR-74 in the San Jacinto Mountains about 17 miles east of the City. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 127 In addition, with adherence to code requirements and Project design features, the Project will not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. No cumulative impacts are anticipated on these issues that were discussed in the Initial Study. No scenic views will be significantly altered due to implementation of the Project. The height, colors, materials, and development fabric will be consistent with the surrounding development within the Menifee North Specific Plan No. 260. The Project will be a contrast to the rural agricultural uses to the east. The land use changes proposed under the Specific Plan Amendment Project, when placed in the context of the overall Menifee North Specific Plan No. 260 will be compatible in this location. The Menifee North Specific Plan No. 260 as proposed under Amendment No. 3 provides for development standards and design guidelines that represent the most recent desires of the City for development of this nature. With adherence to the Menifee North Specific Plan No. 260 as amended, future development will not substantially degrade the existing visual character or quality of the site and its surroundings. For these reasons, the aesthetic impacts associated with the change of land use will not represent any cumulative impact to aesthetics as defined in the City’s General Plan. B. AGRICULTURE AND FORESTRY RESOURCES As stated in the Initial Study, the Project will result in a less than significant impact to the conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use. The Project will not conflict with existing zoning for agricultural use, or a Williamson Act contract. There is no timberland zoning on the Project site, nor is there any forest land on the Project site. Therefore the Project will not create any impacts (including cumulative impacts) to forestry resources due to a conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 122220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Govt. Code section 51104(g)), the result in the loss of forest land or conversion of forest land to non-forest use, or involve other changes in the existing environment which, due to their location or nature, could result in conversion of forest land to non-forest use. Since the proposed Project will not have any significant adverse impact to agricultural or forestry resources or resource values, it cannot make a cumulatively considerable contribution to such resources or values. The Project’s cumulative agriculture/forest resources impacts are considered less than significant. C. AIR QUALITY The Project area is designated as an extreme non-attainment area for ozone and a non- attainment area for PM10 and PM2.5. The Project-specific evaluation of emissions presented in the preceding analysis demonstrates that even after implementation of Standard Conditions SC-AQ-1, SC-AQ-2, and incorporation of Mitigation Measures MM-AQ-1 through MM-AQ-8, the Project will result in a cumulatively considerable net increase of NOx for which the Project region is non-attainment under an applicable federal or state ambient air quality standard. All other criteria pollutants are below thresholds. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 128 Given that the proposed density of multiple-family residences was not anticipated under the existing General Plan land use designation, the proposed land uses would intensify the development and associated population projections planned for under the City’s General Plan. Therefore, the Project would conflict with and exceed the assumptions used to develop the AQMP. Therefore, the Project would conflict with and exceed the assumptions used to develop the AQMP. It should be noted that the Project impacts are within the SCAQMD standards with mitigation incorporated. However, this inconsistency can only be corrected when SCAQMD amends AQMP based on updated Southern California Association of Governments (SCAG) growth projections after the Project has been approved. Until this occurs, direct and cumulative impacts would be significant. It is beyond the scope of the Project to affect when regional agencies update regional growth forecasts and plans; therefore, no mitigation is feasible at the Project-level. Project impacts will be cumulatively significant and unavoidable. D. BIOLOGICAL RESOURCES Cumulative biological impacts are defined as those impacts resulting from the development within the MSCHP Plan Area as a result of build out of the Cities and City’s General Plans. The MSHCP establishes the management of biological resources in western Riverside County that defines cumulative biological resource values and measures the loss of biology resources that constitutes a cumulative adverse impact. With adherence to Standard Conditions SC-BIO-1, and incorporation of Mitigation Measures MM-BIO-1, MM-BIO-2, and MM-BIO-3, the Project will have a less than significant substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service; will have no significant impacts (including cumulative impacts) as it pertains to effects on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service; will not substantially interfere with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites; or with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state conservation plan. The Project will have no impact on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means; or any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. Development of the proposed Project will contribute to the change of the general area with an intensification of development substantially greater than that which presently exists or can occur on the site or in the surrounding vicinity. Based on adherence to Standards Condition SC-BIO-1 and, and incorporation of Mitigation Measures MM-BIO-1, MM-BIO-2, and MM-BIO- 3, and the overall lack of any habitat to support sensitive species or a substantial wildlife population, the proposed Project will not result in adverse cumulative biology resource impacts that rise to a cumulatively considerable level. E. ENERGY Energy usage is assumed to be cumulative. The proposed Project will result in an DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 129 incremental use of energy during construction and operations. The energy demands of the Project can be accommodated within the context of available resources and energy delivery systems. The Project would therefore not cause or result in the need for additional energy producing or transmission facilities. The Project would not engage in wasteful or inefficient uses of energy and aims to achieve energy conservations goals within the State of California. Any impacts would be reduced to a less than significant level with the incorporation of Standard Condition SC-ENR-1 through Standard Condition SC-ENR-5 as well as Mitigation Measures MM-ENR-1 through MM-ENR-7. Project construction and operations would not result in the inefficient, wasteful or unnecessary consumption of energy. Project-related energy usage is not considered to be cumulatively considerable and would not result in a significant impact with the incorporation of Standard Condition SC-ENR-1 through Standard Condition SC-ENR-5 as well as Mitigation Measures MM-ENR-1 through MM-ENR-7. F. GEOLOGY AND SOILS Development of the Project will be affected by geotechnical constraints. None of the future Project-related activities are forecast to cause changes in geology or soils or the constraints affecting the Project area that cannot be fully mitigated. Geology and soil resources are inherently site specific and the only cumulative exposure would be to a significant geological or soil constraint (onsite fault, significant ground shaking that could not be mitigated or steep slopes creating a landslide exposure). The cumulative study area for paleontological resources is the geographical area of the City of Menifee, which is the geographical area covered by the City General Plan, including all goals and policies included therein. Future development in the City could include excavation and grading that could potentially impact paleontological resources. The cumulative effect of the proposed Project is the continued loss of these resources. The proposed Project, in conjunction with other development in the City, has the potential to cumulatively impact paleontological resources; however, it should be noted that each development proposal received by the City undergoes environmental review pursuant to CEQA. If there is a potential for significant impacts to paleontological resources, an investigation would be required to determine the nature and extent of the resources and identify appropriate mitigation measures. If subsurface paleontological resources are assessed and/or protected as they are discovered, impacts to these resources would be less than significant. In addition, the City’s General Plan policies would be implemented as appropriate to reduce the effects of additional development within the City. According to the Initial Study, the proposed Project site is mapped in the General Plan as having a “High Potential” for paleontological resources (fossils). This category encompasses lands for which previous field surveys and documentation demonstrates a low potential for containing significant paleontological resources subject to adverse impacts. As such, this Project is not anticipated to require any direct mitigation for paleontological resources. However, should fossil remains be encountered during the site grading phase, Standard Condition SC- GEO-3 shall be implemented. Standard Condition SC-GEO-3 is not considered unique mitigation under CEQA. Therefore, with adherence to Standard Condition SC-GEO-3, any Project impacts that could directly or indirectly destroy a unique paleontological resource, or site, or unique geologic features would be less than significant. Cumulative impacts would also be less than significant. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 130 Therefore, the Project has no potential to make a cumulatively considerable contribution to any significant geology or soils impact. Project soil and geology impacts are less than significant with the incorporation of Standard Conditions SC-GEO-1 through SC-GEO-3, SC-AQ- 1, SC-HYD-1, and SC-HYD-2. G. GREENHOUSE GAS EMISSIONS GHG emissions are assumed to be cumulative. An individual project such as the proposed Project cannot generate enough greenhouse gas emissions to effect a discernible change in global climate. For example, statewide GHG source emissions totaled about 440.4 MMTCO2e in 2015. The proposed Project will generate less than annual equivalent emission of 10,736.73 MTCO2e, or about 0.24% of the 2015 amount. However, the proposed Project may contribute to global climate change by its incremental contribution of greenhouse gases. With implementation of Mitigation Measure MM- GHG-1 through Mitigation Measure MM-GHG-7, emission rates will be below applicable significance thresholds (SCAQMD Tier 4 2020 Target Service Population Threshold of 4.8 MTCO2e/year/SP). With implementation of these mitigation measures, impacts would be reduced to a less than significant level. Thus, the proposed Project would not result in significant GHG impacts nor would it result in a substantial increase in the severity of GHG impacts with implementation of the mitigation measures. Project-related GHG emissions are not considered to be cumulatively considerable and would not result in a significant impact on global climate change. Project GHG emissions are a less than significant impact. H. HAZARDOUS AND HAZARDOUS MATERIALS The hazardous materials study area considered for cumulative impacts consists of (1) the area that could be affected by proposed activities, such as the release of hazardous materials, and (2) the areas affected by other projects whose activities could directly or indirectly affect the presence or fate of hazardous materials on site. In general, only the project site and areas adjacent to the project site are considered for cumulative impacts due to the limited potential impact area associated with release of hazardous materials into the environment. As stated in the IS, Project construction would involve the routine use of hazardous materials, including fuels, paints, and solvents. However, the amount of these materials during construction would be limited and regulated. Therefore, they would not be considered a significant environmental hazard. Implementation of BMPs would further reduce any impacts associated with hazardous materials during Project construction. This is reflected in the Standard Condition SC- HYD-1, which requires the preparation of a Stormwater Pollution Prevention Plan (SWPPP). No cumulative impacts will occur. Project operational activities would involve the use of storage of household hazardous materials typical of residences. These uses would not present a significant hazard to the residents of the community or to the environment with regulatory compliance procedures in place. This is also reflected in the Standard Condition SC-HYD-2, which requires the preparation of a Water Quality Management Plan (WQMP). No cumulative impacts will occur. A limited potential exists to interfere with an emergency response or evacuation plan DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 131 during construction. Construction work in the street associated with the Project will be limited to lateral utility connections (e.g., sewer) that will be limited to nominal potential traffic diversion. Control of access will ensure emergency access to the site and Project area during construction through the submittal and approval of a traffic control plan (TCP). The TCP is designed to mitigate any construction circulation impacts. The TCP is included as Standard Condition SC- TR-1 and is not considered unique mitigation under CEQA. Following construction, emergency access to the Project site and area will remain as was prior to the proposed Project. There are no existing schools located within one-quarter mile of the Project site. No elementary or middle school is proposed within one-quarter mile of the Project site. The Project is located within the Heritage High School boundary (26001 Briggs Road), which is located approximately 0.78 miles east of the Project site. Based on this information, the Project will not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school and will nor result in any cumulative impacts. The proposed Project is not located on a site listed on the state Cortese List, which is a compilation of various sites throughout the state that have been compromised due to soil or groundwater contamination from past uses. No cumulative impacts will occur. The Project site is not located within an area identified as a very high fire hazard severity according to the 2008 CalFire maps utilized by the Fire Department. The Project will not expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands (see Standard Condition SC-PS-1 and Standard Condition SC-PS-2). No cumulative impacts will occur. The Phase I ESA (Appendix F1 of the Draft EIR) conducted for the Project site did not revealed evidence of a recognized environmental conditions or concerns in connection with the Project site. However, according to the Phase I ESA, the Project site was utilized for agricultural purposes from at least 1938 until at least 1967. Environmentally persistent pesticides commonly applied prior to the 1980s can linger n the soil for many years. It is not known if environmentally persistent pesticides were applied at the Project site. Based upon the length of time that has elapsed since agricultural usage has occurred; it is unlikely the potential former usage of pesticides has significantly impaired the Project site or would require remedial actions. However, in an abundance of caution, Mitigation Measure MM-HAZ-1 shall be incorporated. MM-HAZ-1 required monitoring during ground disturbance activities and remediation if pesticides are present. With incorporation of Mitigation Measure MM- HAZ-1, any Project impacts related to prior use of pesticides on the Project site will be reduced to a less than significant level. No cumulative impacts will occur. The Project site is located in a compatibility zone (Zone E) for the March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan. The runway for March Air Reserve Base/Inland Port Airport is located approximately 9.56 miles to the north-northwest of the Project site. Mitigation Measure MM-HAZ-2 will be incorporated so that the Specific Plan is located within Compatibility Zone E of the March Air Reserve Base/Inland Port Airport Influence Area and that subsequent underlying entitlements will be reviewed in light of the then-applicable Airport Land Use Compatibility Plan. This will ensure that any safety hazards for people residing or working in the Project area from the Project (being located proximity the March Air Reserve Base/Inland Port Airport) will be reduced to a less than significant level. No cumulative impacts DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 132 will occur. Based on adherence to Standard Conditions SC-HYD-1, SC-HYD-2, SC-TR-1, SC-PS- 1, SC-PS- 2 and incorporation of Mitigation Measures MM-HAZ-1 and MM-HAZ-2 the proposed Project will not result in adverse cumulative hazard and hazardous materials impacts that rise to a cumulatively considerable level. I. HYDROLOGY AND WATER QUALITY The Project has been evaluated as to whether it will have a potential to cause significant flood hazards and a potential to substantially degrade water quality onsite and downstream. Standard Conditions SC-HYD-1 through SC-HYD-5 and design measures to control the Project’s contributions to flood hazards and water quality degradation have been defined and are available to control future hydrology and water quality degradation to a less than significant impact level. With implementation of the proposed stormwater management design, as outlined in the Project Specific WQMPs, and Standard Conditions SC-HYD-1 through SC-HYD-5, future stormwater runoff after development of the Project site is not forecast to make a cumulatively considerable contribution to downstream flood hazards and water quality in the Santa Ana River Watershed. This conclusion is based on the findings that the proposed Standard Conditions SC-HYD-1 through SC-HYD-5 and design measures will not increase runoff from the Project site and will provide adequate attenuation of water pollutants in runoff from this residential area so as not to make a cumulatively considerable contribution to the runoff volume or water pollution within the Santa Ana River Watershed. Project hydrology and water quality cumulative impacts are less than significant. J. LAND USE AND PLANNING Implementation of the proposed Project, when considered in conjunction with other existing and planned developments in the Project area, would result in developing a vacant site into 246,312 square feet of commercial uses and 637 multi-family dwelling units. The cumulative study area analyzed for potential land use impacts is the City of Menifee. The current General Plan Land Use designation and Zoning classifications on the Project site are Specific Plan (SP). No changes are proposed to the current General Plan Land Use designation and Zoning classifications. The proposed residential Specific Plan Land Use designations were not anticipated or analyzed in the GPEIR. Due to the small incremental increase in residential development (a 2.45% increase in population over estimated 2019 population and a 1.89% increase in population over projected 2040 population in the City of Menifee and represents a 0.094% increase in population over estimated 2019 population and a 0.073% increase in population over projected 2040 population in Riverside County), any impacts to the General Plan will be less than significant. In addition, at 3.6 persons per household, per US Census ACS 5-year Estimates, it is anticipated that the Project would result in a direct population increase of approximately 2,293 persons at Project buildout. The 2,293 potential new residents that would be created by the proposed residential development were not anticipated to be within the growth assumptions estimated in the SCAG RTP/SCS. Project consistency with the RTP/SCS (Table 4.8-2, RTP/SCS Goals, of the Draft EIR) demonstrates that Project impacts will be considered less than significant impact. The Initial Study determined that the Project would not physically divide an established DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 133 community. No impacts will occur. Therefore, the Project will not result in significant cumulative impacts. K. MINERAL RESOURCES As described in Initial Study, the Project site and surrounding area do not contain any existing mineral development or any identified potential for mineral resource development. For mineral issues the amount of a mineral resource available in the region was used as the basis for cumulative impact analysis. Development of the proposed Project will not cause any adverse impacts to mineral resource or values. As a result, the proposed Project has no potential to contribute to any cumulative loss of mineral resources or values. The Project will have no cumulative adverse impact to mineral resources. L. NOISE For the proposed Project, cumulative impacts are the incremental effects of the proposed Project when viewed in connection with the effects of past, current, and potential future projects within the cumulative impact area of the City of Menifee. The cumulative impact area for the Project is the site and its immediate environs. Project construction will not result in exposure of persons to or generation of noise levels in excess of standards established in the City’s General Plan, as implemented by the City’s Noise Ordinance. With adherence to Standard Conditions SC-NOI-1, and SC-NOI-2, and implementation of Mitigation Measures MM-NOI-1 through MM-NOI-3 construction-related noise impacts will be reduced to a less than significant level. During operations, the Project will be required to implement Mitigation Measures MM-NOI-4 and MM-NOI-5 to address noise impact onto proposed residential units. With implementation of Mitigation Measures MM-NOI-4 and MM-NOI-5, operational impacts will be reduced to less than significant level. As vibration levels would generally not be perceptible to the average person and would not result in cosmetic nor structural damage to buildings, vibration impacts from Project construction would be less than significant. Based on this information, no cumulative impacts are anticipated from the implementation of the proposed Project. M. OPULATION AND HOUSING As defined in the CEQA Guidelines, cumulative impacts are the incremental effects of an individual project when viewed in connection with the effects of past, current, and probable future projects within the cumulative impact area for population and housing. The cumulative study area used to assess potential cumulative population and housing impacts includes the City of Menifee and the County of Riverside, which is the regional context for the Project. The proposed Project would result in the development of 637 multi-family units. At 3.6 persons per household, per US Census ACS 5-year Estimates, it is anticipated that the Project would result in a direct population increase of approximately 2,293 persons at Project buildout. The 2,293 potential new residents that would be created by the proposed residential development was not anticipated to be within the growth assumptions estimated in the SCAG RTP/SCS. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 134 The Project represents a 2.45% increase in population over estimated 2019 population and a 1.89% increase in population over projected 2040 population in the City of Menifee and represents a 0.094% increase in population over estimated 2019 population and a 0.073% increase in population over projected 2040 population in Riverside County. The Project represents a 1.83% increase in households over 2019 estimate households, and a 1.32% increase in households over projected 2040 households in the City of Menifee and represents a 0.07% increase in households over estimated 2019 households, and a 0.060% increase in households over projected 2040 households in Riverside County. According to Table 2: E-5 City/County Population and Housing Estimates, 1/1/2019 (Dept. of Finance), the City has a vacancy rate of 10.2%, which is below the County total of 14.5%. While below the County rate, there is still a need within the City for housing. These increases are incremental increases to population and households; however, due to their small percentage in relation to the City and County, they are not considered substantial increases to population and households. The IS determined that the Project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere. No impact will occur. Therefore, the direct residential population and housing growth and indirect growth from the commercial uses from the Project are not considered cumulatively considerable and significant. N. PUBLIC SERVICES Fire Protection and Emergency Response Services According to the 2010 U.S. Census, State of California Department of Finance, and the Southern California Association of Governments Final 2016 RTP/SCS, the Project represents a 2.45% increase in population over estimated 2019 population and a 1.89% increase in population over projected 2040 population in the City of Menifee and represents a 0.094% increase in population over estimated 2019 population and a 0.073% increase in population over projected 2040 population in Riverside County. The Project represents a 1.83% increase in households over 2019 estimate households, and a 1.32% increase in households over projected 2040 households in the City of Menifee and represents a 0.07% increase in households over estimated 2019 households, and a 0.060% increase in households over projected 2040 households in Riverside County. These increases are incremental increases to population and households; however, due to their small percentage in relation to the City and County, they are not considered substantial increases to population and households. Thus, the Project will have a cumulative adverse impact to the Fire Department’s ability to provide an acceptable level of service without offset of the Project’s demand. These impacts are forecast to include an increased number of emergency and public service calls due to the increased presence of structures and population. The proposed Project shall participate in the DIF (Standard Condition SC-PS-1) DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 135 Program as adopted by the City to mitigate a portion of these impacts and pay the Public Services fee (Mitigation Measure MM-PS-1) to address non-safety impacts. This will provide funding for capital improvements such as land, equipment purchases and fire station construction. The Project will contribute incrementally to cumulative impacts related to the need for fire station construction and other mitigation to reduce cumulative effects on fire protection and emergency response services. The Project’s potentially significant or cumulative considerable impacts to fire protection and emergency response services can be reduced to less than significant and payment of fees by all cumulative projects can effectively reduce the overall cumulative impacts to such services. Therefore, cumulative fire protection impacts are considered less than significant. Police Protection Services According to the 2010 U.S. Census, State of California Department of Finance, and the Southern California Association of Governments Final 2016 RTP/SCS, the Project represents a 2.45% increase in population over estimated 2019 population and a 1.89% increase in population over projected 2040 population in the City of Menifee and represents a 0.084% increase in population over estimated 2019 population and a 0.073% increase in population over projected 2040 population in Riverside County. The Project represents a 1.83% increase in households over 2019 estimate households, and a 1.32% increase in households over projected 2040 households in the City of Menifee and represents a 0.07% increase in households over estimated 2019 households, and a 0.060% increase in households over projected 2040 households in Riverside County. These increases are incremental increases to population and households; however, due to their small percentage in relation to the City and County, they are not considered substantial increases to population and households. The cumulative change in type and amount of development within the planning area will require more police protection commensurate with development levels and population for each of the proposed cumulative projects. Based on this information, the Project would make an incremental contribution to a cumulative adverse demand impact to the County Sheriff Department’s (or City Police Department once they are operational) ability to provide an acceptable level of service without mitigation. These impacts are forecast to include an increased number of emergency and public service calls due to the increased presence of urban/suburban uses and population. The proposed Project would be required to participate in the DIF Program as adopted by the City of Menifee to mitigate a portion of these impacts. The fee program is intended to provide funding to expand services to meet service demands and offset the impacts of new projects and population. Based on the incorporation of Mitigation Measure MM-PS-1, payment of DIF (see Standard Condition SC-PS-3), Police Department review of plans (see Standard Condition SC- PS-4) and annual taxes generated by the proposed Project, the Project’s potentially significant cumulative impacts to police protection can be reduced to a less than significant level. Based on this analysis, cumulative police protection impacts are considered less than significant. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 136 Schools The Project, in conjunction with other projects anticipated within the proposed Project area will generate students in excess of what the local schools are presently able to accommodate. The payment of school impact fees (see Standard Condition SC-PS-5) and provision of school sites within each future development, commensurate with each project’s level of impact, is considered adequate fair share contribution to cumulative impacts associated with development that leads to a determination of less than significant. Project school impacts are less than significant. Libraries The Project, in conjunction with other projects anticipated within the proposed Project area will generate additional demand upon library services and the need for books. The payment of DIF (see Standard Condition SC-PS-6) is considered adequate fair share contribution to cumulative impacts associated with development that leads to a determination of less than significant. Project library impacts are less than significant. O. RECREATION The cumulative study area for recreation resources is the City of Menifee, which is the area used by the City when determining its park-to-population ratio goals. The City of Menifee requires a minimum of five acres of public open space to be provided for every 1,000 City residents. The existing SCE easement is being included within Planning Areas 11, 12 and 13 in this amendment. Development will have to conform with all applicable SCE easement restrictions. The easement area shall be allowed to be used in required landscape and open space areas, retention and detention basins, and for passive recreation uses. Open space and recreational facilities that are provided strictly for residents’ private use, are maintained by Homeowner’s Association(s) or property managers and will not be dedicated to the City for general public use, are not granted any parkland credit under Quimby. The exact types of private recreational facilities that will be made available have not been designed yet, however, these typically may include, but are not to be limited to, a pool, spa, clubhouse, play areas, walkways, picnic areas with gazebos, turf areas, basketball half courts and/or volleyball courts, and BBQ areas. It is a requirement of the City’s Quimby Ordinance Section 9.55 that the land be, in fact, dedicated. Therefore, no parkland credit is being provided for these private facilities. As stated in the GPEIR, General Plan buildout would create demand for 407 acres of new parkland. The General Plan designates 725 acres of parkland. At General Plan buildout, there would be a demand for 407 acres of new parkland. This results in an excess of 318 acres of parkland in the City. The Project will generate the need for 8.80 acres (which, due to its current non-residential Specific Plan Land Use Designation, was not anticipated in the City’s General Plan). Even with the addition of these 8.80 acres, the demand would increase to 410.8 acres, which is still well within the designated acreage for parkland in the City at buildout. The proposed Project will be required to pay in-lieu fees in order to comply with the Quimby or Park and Recreation Mitigation Act Fees (as implemented under Municipal Code Section 9.55 or 9.56) and pay Development Impact Fees per Ordinance No. 17-232. Based DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 137 upon this, it was determined that the Project will not cause any significant adverse effects on recreational demand on other existing park and recreation facilities in the vicinity of the Project. Implementation of the proposed Project in combination with cumulative projects in the area would increase use of existing parks and recreation facilities. However, as future residential development is proposed, the Project would require developers to provide the appropriate amount of parkland or pay the in-lieu fees, which would contribute to future recreational facilities. Payment of these fees and/or implementation of new parks on a project- by-project basis would offset cumulative parkland impacts by providing funding for new and/or renovated parks equipment and facilities, or new parks. The cumulative impacts associated with development of the Project would be a less than significant impact to recreation resources. P. TRANSPORTATION The Project would have a less than significant impact that could substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment), or result in inadequate emergency access. No cumulative impacts will occur. The proposed Project will contribute to the generation of additional traffic on local and regional roadways. The proposed Project is not consistent with the land use and density for the site as identified in the City’s adopted General Plan; however, it is consistent with the General Plan’s Circulation Element, i.e. the proposed Project will install adjacent roadways to General Plan standards and will pay fair share funds to improvements on area roadways through payment of TUMF and DIF. As part of the analysis contained in the TIA (Appendix I of the Draft EIR), cumulative impacts were analyzed for Project Opening Year 2023, and with cumulative traffic conditions. Even with the implementation of Mitigation Measure MM-TR-1 all Project impacts would be reduced to less than significant with the exception of Segment #1, SR-74 from I 215 to Antelope Road. The Project’s impact for Project opening year traffic conditions would be considered significant and unavoidable. Lastly, even with the implementation of Mitigation Measure MM- TR-2 all Project impacts would be reduced to less than significant with the exception of Segment #1, SR-74 from I-215 to Antelope Road and Segment #12, McCall Boulevard from I-215 to Menifee Road. The Project will also be required to implement Mitigation Measures MM-TR-3 through MM-TR-5, Standard Conditions SC-TR-1, SC-TR-2, and SC-TR-3 and Project Design Features (DF) DF-1 through DF-4. Despite this, cumulative impacts from Project implementation will be considered cumulatively considerable. Q. TRIBAL CULTURAL RESOURCES The cumulative study area for tribal cultural resources is the geographical area of the City of Menifee, which is the geographical area covered by the City General Plan, including all goals and policies included therein, as well as the historic tribal area contained therein. Future development in the City could include excavation and grading that could potentially impact tribal cultural resources and human remains. The cumulative effect of the proposed Project is the continued loss of these resources. The proposed Project, in conjunction with other development in the City, has the potential to cumulatively impact tribal cultural resources; however, it should be noted that each development proposal received by the City undergoes environmental review pursuant to CEQA. If there is a potential for significant impacts to tribal cultural resources, an investigation would be required to determine the nature and extent of the resources and identify DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 138 appropriate mitigation measures. If subsurface tribal cultural resources are assessed and/or protected as they are discovered, impacts to these resources would be less than significant. In addition, the City’s General Plan policies would be implemented as appropriate to reduce the effects of additional development within the City. With implementation of Standard Conditions SC-CUL-1 through SC-CUL-8, the contribution of the Specific Plan to the cumulative loss of known and unknown tribal cultural resources throughout the City would be reduced to a less than significant level. R. CULTURAL RESOURCES The cumulative study area for cultural, archaeological, and/or paleontological resources is the geographical area of the City of Menifee, which is the geographical area covered by the City General Plan, including all goals and policies included therein. Future development in the City could include excavation and grading that could potentially impact cultural, archaeological, and/or paleontological resources and human remains. The cumulative effect of the Project is the continued loss of these resources. The Project, in conjunction with other development in the City, has the potential to cumulatively impact cultural, archaeological, and/or paleontological resources; however, it should be noted that each development proposal received by the City undergoes environmental review pursuant to CEQA. If there is a potential for significant impacts to cultural, archaeological, and/or paleontological resources, an investigation would be required to determine the nature and extent of the resources and identify appropriate mitigation measures. If subsurface cultural, archaeological, and/or paleontological resources are assessed and/or protected as they are discovered, impacts to these resources would be less than significant. In addition, the City’s General Plan policies would be implemented as appropriate to reduce the effects of additional development within the City. With implementation of Standard Conditions SC-CUL-1 through SC-CUL-8, the contribution of the Specific Plan to the cumulative loss of known and unknown cultural, archaeological, and/or paleontological resources throughout the City would be reduced to a less than significant level. S. UTILITIES AND SERVICE SYSTEMS According to EMWD, there is an adequate water supply and wastewater treatment capacity, respectively, to meet the demand of the Project(s). Based on the analysis in the Draft EIR, and in the referenced documentation, water and wastewater management systems are capable of meeting the cumulative demand for these systems. The Project will have sufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry and multiple dry years with adherence Standard Conditions SC-USS-1 through SC-USS-4 impacts are considered less than significant. Thus, the Project will not cause cumulatively considerable significant adverse impacts on these systems. With implementation of the proposed stormwater management design, as outlined in the Project Specific WQMPs, and Standard Conditions SC- HYD-1 through SC-HYD-5, future stormwater runoff after development of the Project site will not require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects, and is not forecast to make a cumulatively considerable contribution to downstream flood hazards in the Santa Ana River Watershed. Cumulative impacts to landfill capacity will be les than significant due to the Project construction debris and operational waste representing a less than substantial cumulative DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 139 increment with adherence to Standard Condition SC-USS-4. Therefore, due to available capacity and implementation of Standard Condition SC-USS-4, which provides for recycling on site to reduce Project operational waste, cumulative impacts to the existing landfills resulting from waste generated by Project implementation are considered less than significant. Lastly, the Project will not require or result in the relocation or construction of new or expanded electric power, natural gas, or telecommunications facilities or expansion of existing facilities, the construction or relocation of which could cause significant environmental effects. No cumulative impacts will result from the Project. T. WILDFIRE According to the Initial Study, the Project would have a less than significant impact such that it would impair implementation of or physically interfere with an adopted emergency response plan or an emergency evacuation plan (see Standard Condition SC-TR-1). The Project site is not located within an area identified as a very high fire hazard severity according to the 2008 CalFire maps utilized by the Fire Department. The Project will not have a cumulative effect due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire; require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment; expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes; or, expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands (see Standard Condition SC-PS-1 and Standard Condition SC-PS-2). SECTION VI FINDINGS REGARDING SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES Sections 15126(c) and 15126.2(c) of the CEQA Guidelines, require that an EIR address any significant irreversible environmental changes that would occur should the project be implemented. Generally, a project would result in significant irreversible environmental changes if any of the following would occur:  The project would involve a large commitment of non-renewable resources;  The primary and secondary impacts of the project would generally commit future generations to similar uses;  The project involves uses in which irreversible damage could result from any potential environmental accidents; or  The proposed consumption of resources is not justified. In the case of the proposed project, its implementation would involve a land use, development, and implementation framework to support the proposed residential, commercial DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 140 and business park uses. Significant irreversible changes that would be caused by implementation of the project would be:  Construction activities that would require the commitment of nonrenewable and/or slowly renewable energy resources; human resources; and natural resources such as lumber and other forest products, sand and gravel, asphalt, steel, copper, lead, other metals, water, and fossil fuels.  Operation that would require the use of natural gas and electricity, petroleum-based fuels, fossil fuels, and water. The commitment of resources required for the construction and operation of the project would limit the availability of such resources for future generations or for other uses during the life of the project.  An increased commitment of social services and public maintenance services (e.g., police, fire, sewer, and water services) to serve the projects new residents and employees.  Employment growth related to project implementation would increase vehicle trips over the long term. Emissions associated with such vehicle trips would continue to contribute to the South Coast Air Basin’s nonattainment designations for ozone, and particulate matter (PM10 and PM2.5) under the California and National Ambient Air Quality Standards (AAQS), and nonattainment for nitrogen dioxide (NO2) under the California AAQS.  Long-term irreversible commitment of vacant parcels of land in the city of Menifee. Given the low likelihood that the land would revert to lower intensity uses or to its current form, the proposed project would generally commit future generations to these environmental changes. However, the project area is already identified for future development, and served by existing infrastructure. The commitment of resources to the proposed project is not unusual for or inconsistent with projects of this type and scope. However, once these commitments are made, it is improbable that the project area would revert back to its current condition. Thus, the proposed project would result in significant irreversible changes to the environment throughout the lifespan of the structures. SECTION VII GROWTH-INDUCING IMPACTS Section 15126.2(e) of the State CEQA Guidelines requires a Draft EIR to discuss the ways the project could foster economic or population growth or the construction of additional housing, directly or indirectly, in the surrounding environment. In accordance with State CEQA Guidelines Section 15126.2(e), a project would be considered to have a growth-inducing effect if it would:  Directly or indirectly foster economic or population growth, or the construction of additional housing in the surrounding environment;  Remove obstacles to population growth (e.g., construction of an infrastructure expansion to allow for more construction in service areas); DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 141  Tax existing community service facilities, requiring the construction of new facilities that could cause significant environmental effects; or  Encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively. In addition, CEQA Guidelines state that it must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment. New infrastructure will be built as part of this Project which will contribute to extending improved services into the area. Suburbanization of the Project site could potentially influence the timing of development of adjacent properties by providing or extending roadways, water and sewer service, and other utility services (infrastructure) to the immediate area. This could eliminate potential constraints for future development in this area of the City. Roadways that will be improved include SR-74, Palomar Road and Menifee Road. The roadway improvements are expected to be incremental and should beneficially impact the overall traffic conditions in the area anticipated from the Project; but this itself is an inducement to growth, i.e., enhanced access to the Project area. These improvements will have an indirect impact to population growth by extending and/or increasing capacity of the existing roadways, thus eliminating one of the constraints to growth in the area. Currently, potable water in the vicinity of the Project site is provided by private wells on individual properties, by Eastern Municipal Water District (EMWD). Water service exists adjacent to the Project site; however, additional water distribution facilities will be necessary to serve the proposed development. Existing EMWD sewer facilities do not extend to proposed Project site. The lack of sewer service within this area currently limits development. Therefore, extension of new sewer service facilities to the Project area is required. The addition of sewer lines and service into the Project area are sized to meet the growth projections of EMWD. This infrastructure improvement eliminates existing sewer constraints and will make it much easier to propose residential development at higher densities (anticipated under the General Plan) within the Project vicinity. Any increase in density or change in land use on nearby parcels would require a separate environmental review. However, these improvements contribute significantly to eliminating constraints to development, thus making the Project growth inducing relative to the existing rural environment. The proposed infrastructure improvements have the potential to facilitate development of undeveloped parcels in the immediate vicinity of the site, thus the Project may indirectly induce population growth. However, this growth is anticipated in the General Plan and Specific Plan. Any impacts are considered less than significant under this evaluation criterion. Based on this information, direct impacts from the Project will be less than significant. The indirect effects from the Project infrastructure extensions and improvements (roadways, sewer and drainage), while anticipated under the Specific Plan, will also be considered less than significant. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 142 SECTION VIII ALTERNATIVES A. BACKGROUND The Draft EIR analyzed three alternatives to the project as proposed and evaluated these alternatives for their ability to avoid or reduce the project’s significant environmental effects while also meeting the majority of the project’s objectives. The City finds that it has considered and rejected as infeasible the alternatives identified in the Draft EIR and described below. This section sets forth the potential alternatives to the project analyzed in the EIR and evaluates them in light of the project objectives, as required by CEQA. Where significant impacts are identified, section 15126.6 of the State CEQA Guidelines requires EIRs to consider and discuss alternatives to the proposed actions. Subsection (a) states: (a) An EIR shall describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives. An EIR need not consider every conceivable alternative to a project. Rather it must consider a reasonable range of potentially feasible alternatives that will foster informed decision-making and public participation. An EIR is not required to consider alternatives which are infeasible. The lead agency is responsible for selecting a range of project alternatives for examination and must publicly disclose its reasoning for selecting those alternatives. There is no ironclad rule governing the nature or scope of the alternatives to be discussed other than the rule of reason. Subsection 15126.6(b) states the purpose of the alternatives analysis: (b) Because an EIR must identify ways to mitigate or avoid the significant effects that a project may have on the environment (Public Resources Code Section 21002.1), the discussion of alternatives shall focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly. In subsection 15126.6(c), the State CEQA Guidelines describe the selection process for a range of reasonable alternatives: (c) The range of potential alternatives to the proposed project shall include those that could feasibly accomplish most of the basic objectives of the project and could avoid or substantially lessen one or more of the significant effects. The EIR should briefly describe the rationale for selecting the alternatives to be discussed. The EIR should also identify any alternatives that were considered by the lead agency but were rejected as infeasible during the scoping process and briefly explain the reasons underlying the lead agency’s determination. Additional information explaining the choice of alternatives may be included in the administrative record. Among the factors that may be used to eliminate alternatives from detailed consideration in an EIR are: (i) failure to meet most of the basic project objectives, (ii) infeasibility, or (iii) inability to avoid significant environmental impacts. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 143 The range of alternatives required is governed by a “rule of reason” that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice. The EIR shall include sufficient information about each alternative to allow meaningful evaluation, analysis, and comparison with the proposed project. Alternatives are limited to ones that would avoid or substantially lessen any of the significant effects of the project. Of those alternatives, the EIR need examine in detail only the ones that the lead agency determines could feasibly attain most of the basic objectives of the project. B. PROJECT OBJECTIVES The following objectives have been established for the project (Draft EIR, p. 3-1): The following are the proposed project’s objectives, as outlined in the Menifee North Specific Plan No. 260:  Provides a development plan of superior environmental sensitivity including a high quality of visual aesthetics, suppression of noise, protection of health and safety, and the promotion of community and region.  Considers topographic, geologic, hydrologic, and environmental opportunities and constraints to create a design that generally conforms to the character of the land by retaining and utilizing basic, existing landforms, as much as possible.  Reflects anticipated market needs and public demand by providing a range of housing types which will be marketable within the developing economic profile of the Southern Perris Valley Area as well as the County of Riverside.  Provides residential uses with specific emphasis on employing natural and created open space for a heightened aesthetic environment.  Provides direct and convenience access to clustered neighborhoods via a convenient and efficient circulation system.  Provides additional employment opportunities for the current and future residents of the region and surrounding communities.  Creates a unique residential character that provides for a distinct environment through architectural treatment, viewshed, and natural terrain. C. ALTERNATIVES CONSIDERED BUT REJECTED FROM DETAILED ANALYSIS Section 15126.6(c) of the State CEQA Guidelines specifies that an EIR should (1) identify alternatives that were considered by the lead agency but were eliminated from detailed consideration because they were determined to be infeasible during the scoping process; and (2) briefly explain the reasons underlying the lead agency’s determination. Among the factors that may be used to eliminate alternatives from detailed consideration in an EIR are: (i) failure to meet most of the basic project objectives; (ii) infeasibility; and/or (iii) inability to avoid significant environmental impacts. The following alternatives were considered but rejected as part of the environmental DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 144 analysis for the project.  Light Industrial or Commercial Alternative: In order to identify an alternative with the potential to eliminate the project’s significant impacts, a light industrial or commercial project was considered. However, a light industrial or commercial project would have no demand in this area due to City’s desire to these uses within other portions of the City, and due to the lack of any rationale for a light industrial use to locate in this general project area. It would also not meet most of the project objectives identified above. As a result, this alternative was rejected during the scoping and project planning phase of the project. (Draft EIR, p. 5-4.)  Alternative Location Alternative: In order to identify an alternative with the potential to any potential site related impacts, an alternative locations alternative was considered. Alternative locations have been dismissed from this subchapter because they were not under the control of the applicant. Based on these findings, this alternative was rejected during the scoping and project planning phase of the project. (Draft EIR, p. 5-4.)  Substantially Lower Density Alternative: In order to identify an alternative with the potential to project’s significant impacts, a substantially lower density alternative was considered. A substantially lower density, with substantially fewer dwelling units would not generate sufficient funds to meet the goals of the Project proponent, as well as fit in in with the existing development character of the Project vicinity. Based on these findings, this alternative was rejected during the scoping and project planning phase of the project. (Draft EIR, p. 5-4.) Finding: The City Council rejects the Light Industrial or Commercial Alternative, the Alternative Location Alternative and the Substantially Lower Density Alternative, on the following grounds: (1) failure to meet most of the project objectives. Therefore, the Light Industrial or Commercial Alternative, the Alternative Location Alternative and the Substantially Lower Density Alternative were not carried forward for further analysis. D. EVALUATION OF ALTERNATIVES SELECTED FOR ANALYSIS The alternatives selected for further detailed review within the Draft EIR focus on alternatives that could the project’s significant environmental impacts, while still meeting most of the basic project objectives. Those alternatives include:  Alternative 1: No Project Alternative (Draft EIR, pp. 5-4 through 5-12)  Alternative 2: Existing Specific Plan Alternative (Draft EIR, pp. 5-12 through 5- 22)  Alternative 3: Reduced Project Intensity Alternative (Draft EIR, pp. 5-22 through 5-31) 1. Alternative 1: No Project/No Build Alternative Description: The No Project Alternative (NPA) is required under CEQA to evaluate the environmental effects associated with no action on the part of the Lead Agency. The NPA assumes the property remains in its current state – vacant land. The NPA includes continued use of the undisturbed site as vacant land and no additional changes to the DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 145 existing land uses. This alternative evaluates the environmental impacts resulting from a hypothetical continuance of the existing land uses. Impacts: Alternative 1 would eliminate all of the significant and unavoidable impacts of the proposed project. Attainment of Project Objectives: Alternative 1 would meet Project objectives because no development is included as a part of the NPA. No fees and funding would be provided to upgrade regional transportation infrastructure, public services, and utilities. Finding: The City Council rejects Alternative 1: No Project/No Build Alternative, on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) the alternative fails to meet any of the project objectives. 2. Alternative 2: Existing Specific Plan Alternative (ESPA) Description: The Existing Specific Plan Alternative (ESPA) (Alternative 2) consists of developing the project site under the existing Specific Plan Land Use designation. The proposed development is projected to add a net total of approximately 8,472 total trip- ends per day, with 580 vehicles per hour during the AM peak hour and 922 vehicles per hour during the PM peak hour. The proposed development is projected to add a net total of approximately 11,352 total trip-ends per day, with 460 vehicles per hour during the AM peak hour and 783 vehicles per hour during the PM peak hour. Project trip generation includes adjustments for pass-by trips and internal capture trips. Impacts: The development associated with Alternative 2 would result in similar and lesser impacts than the proposed project; however, it would still have the possibility of additional significant and unavoidable impacts. Attainment of Project Objectives: Alternative 2 has a comparable negative effect on the ability of the Project to meet overall development (i.e., development feasibility) and certain Project objectives may not be attained because certain improvements. Finding: The City Council rejects Alternative 2: Existing Specific Plan Alternative (ESPA), on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) the alternative fails to avoid or reduce the project’s significant and unavoidable impacts; and (2) the alternative fails to meet some of the project objectives. 3. Alternative 3: Reduced Project Intensity Alternative (RPIA) Description: Under the Reduced Project Intensity Alternative (RPIA) the multi-family residential acreage of the Project (30.06 acres) would be developed at the lower end of the density range allowed in the Specific Plan (14.1 dwelling units/acre). In total, 423 attached multi-family units would be under the RPIA. This is a decrease of 214 dwelling units (or 33.6%) on the Project site, when compared to the proposed Project. Impacts: Alternative 3 will result in similar and lesser impacts than the proposed project; however, Alternative 3 will not eliminate the project’s significant and unavoidable impacts associated with air quality, greenhouse gases, and transportation/traffic. Attainment of Project Objectives: Alternative 3 has a comparable negative effect on the DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 146 ability of the Project to meet overall development (i.e., development feasibility) and certain Project objectives may not be attained, because certain improvements and other infrastructure improvements may not be feasible. The RPIA, due to its reduced density would not help meet the anticipated market needs and public demand by providing a range of housing types which will be marketable within the developing economic profile of the Southern Perris Valley Area as well as the County of Riverside. Finding: The City Council rejects Alternative 3: Reduced Project Intensity Alternative (RPIA), on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) the alternative fails to avoid the project’s significant and unavoidable impacts relating to air quality, greenhouse gases, and transportation; (2) the alternative would only marginally fulfill the project objectives. E. ENVIRONMENTALLY SUPERIOR ALTERNATIVE Section 15126.6(e)(2) of the State CEQA Guidelines indicates that an analysis of alternatives to a proposed project shall identify an environmentally superior alternative among the alternatives evaluated in an EIR. The Reduced Project Intensity Alternative (RPIA) has been determined to be the environmentally superior alternative. However, State CEQA Guidelines Section 15126.6(e)(2) indicates that where the no project alternative is environmentally superior, the Draft EIR “shall also identify an environmentally superior alternative among the other alternatives.” Between the proposed project and the two remaining alternatives, Alternative 3 has been determined to be environmentally superior due to fewer unavoidable significant adverse environmental impacts. However, this alternative’s potential infeasibility due to inability to afford all of the required infrastructure improvements and mitigation measures may eliminate it from actual consideration by the project proponent. SECTION IX ADOPTION OF STATEMENT OF OVERRIDING CONSIDERATIONS Pursuant to State CEQA Guidelines Section 15093(a), the City Council must balance, as applicable, the economic, legal, social, technological, or other benefits of the project against its unavoidable environmental risks in determining whether to approve the project. If the specific benefits of the project outweigh the unavoidable adverse environmental effects, those environmental effects may be considered acceptable. Having reduced the adverse significant environmental effects of the project to the extent feasible by adopting the mitigation measures; having considered the entire administrative record on the project; the City Council has weighed the benefits of the project against its unavoidable adverse impacts after mitigation in regards to, air quality and transportation. While recognizing that the unavoidable adverse impacts are significant under CEQA thresholds, the City Council nonetheless finds that the unavoidable adverse impacts that will result from the project are acceptable and outweighed by specific social, economic and other benefits of the project. In making this determination, the factors and public benefits specified below were considered. Any one of these reasons is sufficient to justify approval of the project. Thus, even if a court were to conclude that not every reason is supported by substantial evidence, the City Council would be able to stand by its determination that each individual reason is sufficient. The substantial evidence supporting the various benefits can be found in the preceding findings, DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Findings of Fact and Statement of Overriding Considerations Palomar Crossings City of Menifee Page 147 which are incorporated by reference into this section, and in the documents found in the Records of Proceeding. The City Council therefore finds that the Project has the following social, economic, and environmental benefits of the project, independent of the other benefits, outweigh the potential significant unavoidable adverse impacts and render acceptable each and every one of these unavoidable adverse environmental impacts: 1. Provide a new community within the City of Menifee that is consistent with the General Plan and includes housing that is responsive to current market demand and attendant recreational opportunities (social and economic benefits). 2. Develop a vacant disturbed site that supported former agricultural uses into a modern mixed-use community with appropriate setbacks and buffering between existing and proposed uses (social and environmental benefits). 3. Provide a new development that creates more than 410 direct employee jobs (economic benefit). 4. Develop a project that generates adequate funds to cover its own long-term maintenance costs for all project-related roadways (economic benefit). 5. Develop a project with a mix of land uses that results in a positive net fiscal impact and provides fiscal revenues in excess of fiscal costs over both the short- and long-term including impact fees to cover costs depending on the timing of the various proposed land uses (social and economic benefits). 6. Adopt a Specific Plan Amendment that takes into account site-specific constraints and opportunities, engineering feasibility, the most current market conditions, both short- and long-term economic viability, protection of and reasonable transitioning to existing, established neighborhoods, and establishes updated development standards and design guidelines that ensure an attractive, safe, and desirable residential community that fits harmoniously into the surrounding area (social, economic, and environmental benefits). 7. Take advantage of existing local and regional transportation connections by placing higher density housing where future residents can easily access to the State Highway (SR-74). The City Council further finds that, for each of the significant impacts which are subject to a finding under CEQA Section 21081(a)(3), that each of the social, economic, and environmental benefits of the Project outlined above, independent of the other benefits, outweigh the potential significant unavoidable adverse impacts and render acceptable each and every one of the identified unavoidable adverse environmental impacts of the Project. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Mitigation Monitoring and Reporting Program Palomar Crossings City of Menifee Page 1 EXHIBIT B PALOMAR CROSSINGS MITIGATION MONITORING AND REPORTING PROGRAM A. Mitigation Monitoring Requirements and Procedures The California Environmental Quality Act (CEQA) was amended in 1989 to add Section 21081.6, which requires a public agency to adopt a monitoring and reporting program for assessing and ensuring compliance with any required mitigation measures applied to a proposed development. As stated in Section 21081.6 of the Public Resources Code, “…the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted, or made a condition of project approval, in order to mitigate or avoid significant effects on the environment.” Section 21081.6 provides general guidelines for implementing mitigation monitoring programs and indicates that specific reporting and/or monitoring requirements, to be enforced during project implementation, shall be defined prior to final certification of the EIR. The mitigation monitoring table below lists those mitigation measures that may be included as conditions of approval for the Project. To ensure that the mitigation measures are properly implemented, a monitoring program has been devised which identifies the timing and responsibility for monitoring each measure. The developer will have the primary responsibility for implementing the measures, and the various City of Menifee departments will have the primary responsibility for monitoring and reporting the implementation of the mitigation measures. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Mitigation Monitoring and Reporting Program Palomar Crossings City of Menifee Page 2 Mitigation Monitoring Reporting Table Mitigation Measure Implementation Schedule Verification Air Quality MM-AQ-1 During Project construction the Project applicant shall ensure that architectural coatings that are applied to Project buildings are to be limited to 10 grams per liter VOC and traffic paints shall be limited to 100g/L VOC content. This measure shall be implemented during site grading and ground disturbing activities. This measure shall be included in the construction contract, and field observations by City inspectors shall verify this measure is being implemented and field notes documenting implementation shall be placed in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Community Development Department and Building and Safety Department Mitigation Measure Implementation Schedule Verification Air Quality MM-AQ-2 During Project construction, the Project applicant shall install high- efficiency lighting (such as LEDs) that is more efficient than standard lighting based on the most recently adopted CALGreen Building Code in place at the time of building permit application. This measure shall be included in the construction contract and implemented during construction. As a requirement of the contractor: Verification of implementation shall be based on field inspections by City inspection personnel that verify the high-efficiency plan is being complied with by the contractor as required in this measure. Field notes documenting verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Community Development and Building and Building and Safety Department DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Mitigation Monitoring and Reporting Program Palomar Crossings City of Menifee Page 3 Mitigation Measure Implementation Schedule Verification Air Quality MM-AQ-3 During Project construction, the Project applicant shall provide sidewalks within the Project boundary and connecting off-site. This measure shall be implemented during site grading and ground disturbing activities. This measure shall be included in the construction contract, and field observations by City inspectors shall verify this measure is being implemented and field notes documenting implementation shall be placed in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Public Works and Engineering Department Mitigation Measure Implementation Schedule Verification Air Quality MM-AQ-4 During Project construction, the Project applicant shall require that all faucets, toilets and showers that are installed in the proposed structures utilize low-flow fixtures that would reduce indoor water demand by 20% per CalGreen Standards. This measure shall be included in the construction contract and implemented during construction. Verification of implementation shall be based on field inspections by City inspection personnel that verify these Standards are implemented by the contractor as required by this measure. Field notes documenting verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Building and Safety Department Mitigation Measure Implementation Schedule Verification Air Quality MM-AQ-5 During Project construction, the Project applicant shall require that a water-efficient irrigation system be installed that conforms to the requirements of City codes. This measure shall be included in the construction contract and implemented during construction. Verification of implementation shall be based on field inspections by City inspection personnel that verify water efficient irrigation systems are implemented by the contractor as required by this measure. Field notes documenting verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Community Development Department and Public Works and Engineering Department DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Mitigation Monitoring and Reporting Program Palomar Crossings City of Menifee Page 4 Mitigation Measure Implementation Schedule Verification Air Quality MM-AQ-6 During Project operation, the Project applicant shall require recycling programs that reduces waste to landfills by a minimum 75 percent per AB 341. This measure shall be included in the construction contract and implemented during construction. Verification of implementation shall be based on field inspections by City inspection personnel that verify the recycling plan is being complied with by the contractor as required in this measure. Field notes documenting verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Building and Safety Department Mitigation Measure Implementation Schedule Verification Air Quality MM-AQ-7 During Project construction, the Project applicant shall require that ENERGY STAR-compliant appliances are installed wherever appliances are needed on-site. This measure shall be included in the construction contract and implemented during construction. As a requirement of the contractor: This measure shall be included in the construction contract, and field observations by City staff shall verify this measure is being implemented and field notes documenting implementation shall be placed in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Building and Safety Department Mitigation Measure Implementation Schedule Verification Air Quality MM-AQ-8 During Project construction, the Project applicant shall plant at least 130 new trees on-site. This measure shall be included in the construction contract and implemented during construction. As a requirement of the contractor: This measure shall be included in the construction contract, and field observations by City staff shall verify this measure is being implemented and field notes documenting implementation shall be placed in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Community Development and Building and Building and Safety Department DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Mitigation Monitoring and Reporting Program Palomar Crossings City of Menifee Page 5 Mitigation Measure Implementation Schedule Verification Biological Resources MM-BIO-1 Prior to issuance of any grading/construction permits by the City, the applicant shall consult with the California Department of Fish and Wildlife regarding a Fish and Game Code section 1602 Streambed Alteration Agreement, the United States Army Corps of Engineers regarding a Clean Water Act Section 404 Permit, and the Regional Water Quality Control Board regarding a Clean Water Act Section 401 Certification. The Project applicant shall be required to obtain the necessary permits or provide written documentation that such permits are not needed. The Project shall mitigate impacts to waters of the United States and waters of the State, wetlands, and riparian habitats, by preserving on-site habitat, restoring similar habitat, or purchasing off-site credits from an approved mitigation bank. Mitigation shall be subject to pre-approval by the Regional Water Quality Control Board (RQWCB), U.S Army Corps of Engineers (ACOE) and the California Department of Fish and Wildlife (CDFW). This measure shall be included in the construction contract and implemented during construction. As a requirement of the contractor: This measure shall be included in the construction contract, and field observations by City staff shall verify this measure is being implemented and field notes documenting implementation shall be placed in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Community Development and Building and Building and Safety Department DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Mitigation Monitoring and Reporting Program Palomar Crossings City of Menifee Page 6 Mitigation Measure Implementation Schedule Verification Biological Resources MM-BIO-2 Ground-disturbing activities (including staging and site preparation) shall occur outside of the generally recognized bird breeding season (February 15 - August 15), unless a qualified biologist demonstrates to the satisfaction of the City that Project activities will comply with Fish and Game Code sections 3503 and 3503.5. If ground-disturbing activities are proposed to occur during the nesting season (February 15 - August 31), a nesting bird pre-construction survey shall be conducted within three (3) days prior to site disturbing activities. This survey shall be conducted by a qualified biologist holding a Memorandum of Understanding (MOU) with Riverside County. The findings shall be submitted to the City of Menifee Community Development Department for review and approval. This measure shall be included in the construction contract and implemented during construction. As a requirement of the contractor: This measure shall be included in the construction contract, and field observations by City staff shall verify this measure is being implemented and field notes documenting implementation shall be placed in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Community Development and Building and Building and Safety Department DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Mitigation Monitoring and Reporting Program Palomar Crossings City of Menifee Page 7 Mitigation Measure Implementation Schedule Verification Biological Resources MM-BIO-3 Preconstruction survey for burrowing owl. A 30-day preconstruction survey for burrowing owl is required by the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) to confirm the continued presence of burrowing owl within the survey area. The survey shall be conducted by a qualified biologist no more than 30 days prior to ground disturbance in accordance with MSHCP survey requirements to avoid direct take of burrowing owl. If burrowing owl are determined to occupy the Project site or immediate vicinity, the City of Menifee Community Development Department will be notified, and avoidance measures will be implemented, as appropriate, pursuant to the MSHCP, the California Fish and Game Code, the MBTA, and the mitigation guidelines prepared by the CDFW (2012). The following measures are recommended in the CDFW guidelines to avoid impacts on an active burrow:  No disturbance should occur within 50 meters (approximately 160 feet) of occupied burrows during the non-breeding season.  No disturbance should occur within 75 meters (approximately 250 feet) of occupied burrows during the breeding season. For unavoidable impacts, passive or active relocation of burrowing owls would need to be implemented by a qualified biologist outside the breeding season, in accordance with procedures set by the MSHCP and in coordination with the CDFW. This measure shall be included in the construction contract and implemented during construction. As a requirement of the contractor: This measure shall be included in the construction contract, and field observations by City staff shall verify this measure is being implemented and field notes documenting implementation shall be placed in the project file. A copy of the30-day preconstruction survey for burrowing owl shall be included in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Community Development and Building and Building and Safety Department DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Mitigation Monitoring and Reporting Program Palomar Crossings City of Menifee Page 8 Mitigation Measure Implementation Schedule Verification Biological Resources MM-BIO-4 Prior to issuance of any grading permit the Project Applicant shall provide to the City written correspondence from the United States Fish and Wildlife Service and California Department of Fish and Wildlife confirming that the Determination of Biologically Equivalent or Superior Preservation has been approved. This measure shall be included in the construction contract and implemented during construction. As a requirement of the contractor: This measure shall be included in the construction contract, and field observations by City staff shall verify this measure is being implemented and field notes documenting implementation shall be placed in the project file. A copy of the written correspondence from the United States Fish and Wildlife Service and California Department of Fish and Wildlife shall be included in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Community Development and Building and Building and Safety Department Mitigation Measure Implementation Schedule Verification Energy MM-ENR-1 As part of building plan check, the Project applicant shall participate in the latest CALGreen Tier 1 voluntary measures for new residential and non-residential structures to minimize the building’s impact on the environment and promote a more sustainable design. Residential and non-residential voluntary measures, as described in the Title 24, Part 11, Appendix A4 of the California Building Standards Code, provide measures for planning and design, energy efficiency, water efficiency and conservation, material conservation and resource efficiency, and environmental quality. The City of Menifee Building Official should be responsible for verifying that all applicable Tier 1 voluntary measures are implemented. This measure shall be incorporated into the design of the project and shall be implemented during construction. This measure shall be included in the construction contract, and field observations by City staff shall verify this measure is being implemented and field notes documenting implementation shall be placed in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Community Development and Building and Building and Safety Department DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Mitigation Monitoring and Reporting Program Palomar Crossings City of Menifee Page 9 Mitigation Measure Implementation Schedule Verification Energy MM-ENR-2 During construction, the Project applicant shall ensure that high- efficiency lighting (such as LEDs) be installed that is at least 30% more efficient than standard lighting. This measure shall be included in the construction contract and implemented during construction. As a requirement of the contractor: Verification of implementation shall be based on field inspections by City inspection personnel that verify the high-efficiency plan is being complied with by the contractor as required in this measure. Field notes documenting verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Community Development and Building and Building and Safety Department Mitigation Measure Implementation Schedule Verification Energy MM-ENR-3 During construction, the Project applicant shall install ENERGY STAR-compliant appliances wherever appliances are needed on- site. This measure shall be included in the construction contract and implemented during construction. As a requirement of the contractor: This measure shall be included in the construction contract, and field observations by City staff shall verify this measure is being implemented and field notes documenting implementation shall be placed in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Building and Safety Department Mitigation Measure Implementation Schedule Verification Energy MM-ENR-4 Prior to occupancy the Project applicant shall provide on-site and internal bicycle and pedestrian pathways that allow for direct and convenient non-motorized access between the residential and commercial planning areas within the project site. This measure shall be implemented during site grading and ground disturbing activities. This measure shall be included in the construction contract, and field observations by City inspectors shall verify this measure is being implemented and field notes documenting implementation shall be placed in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Community Development Department and Building and Safety Department DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Mitigation Monitoring and Reporting Program Palomar Crossings City of Menifee Page 10 Mitigation Measure Implementation Schedule Verification Energy MM-ENR-5 Prior to occupancy the Project applicant shall provide secure on- site bicycle storage or cages for the residential uses. This measure shall be included in the construction contract and implemented during construction. This measure shall be included in the construction contract, and field observations by City staff shall verify this measure is being implemented and field notes documenting implementation shall be placed in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Building and Safety Department Mitigation Measure Implementation Schedule Verification Energy MM-ENR-6 Prior to occupancy the Project applicant shall provide convenient/highly visible on-site bicycle parking racks for the commercial uses. This measure shall be included in the construction contract and implemented by the contractor during construction. This measure shall be included in the construction contract, and field observations by City staff shall verify this measure is being implemented and field notes documenting implementation shall be placed in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Building and Safety Department Mitigation Measure Implementation Schedule Verification Energy MM-ENR-7 Prior to occupancy the Project applicant shall provide an enhanced bus stop along SR-74, adjacent to the site, with a bus shelter, benches and bus turnout. This measure shall be implemented during site grading and ground disturbing activities. This measure shall be included in the construction contract, and field observations by City staff shall verify this measure is being implemented and field notes documenting implementation shall be placed in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Public Works and Engineering Department Building and Safety Department DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Mitigation Monitoring and Reporting Program Palomar Crossings City of Menifee Page 11 Mitigation Measure Implementation Schedule Verification Greenhouse Gases MM-GHG-1 During Project construction, the Project applicant shall install high- efficiency lighting (such as LEDs) that is more efficient than standard lighting based on the most recently adopted CALGreen Building Code in place at the time of building permit application. This measure shall be included in the construction contract and implemented during construction. As a requirement of the contractor: Verification of implementation shall be based on field inspections by City inspection personnel that verify the high-efficiency plan is being complied with by the contractor as required in this measure. Field notes documenting verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Community Development and Building and Building and Safety Department Mitigation Measure Implementation Schedule Verification Greenhouse Gases MM-GHG-2 During all phases of the Project, the Project applicant shall provide sidewalks within the project boundary and connecting off-site. This measure shall be implemented during site grading and ground disturbing activities. This measure shall be included in the construction contract, and field observations by City inspectors shall verify this measure is being implemented and field notes documenting implementation shall be placed in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Public Works and Engineering Department Mitigation Measure Implementation Schedule Verification Greenhouse Gases MM-GHG-3 During construction, the Project applicant shall require that all faucets, toilets and showers installed in the proposed structures utilize low-flow fixtures that would reduce indoor water demand by 20% per CalGreen Standards. This measure shall be included in the construction contract and implemented during construction. Verification of implementation shall be based on field inspections by City inspection personnel that verify these Standards are implemented by the contractor as required by this measure. Field notes documenting verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Building and Safety Department DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Mitigation Monitoring and Reporting Program Palomar Crossings City of Menifee Page 12 Mitigation Measure Implementation Schedule Verification Greenhouse Gases MM-GHG-4 During construction, the Project applicant shall require that a water- efficient irrigation system be installed that conforms to the requirements of City codes. This measure shall be included in the construction contract and implemented during construction. Verification of implementation shall be based on field inspections by City inspection personnel that verify water efficient irrigation systems are implemented by the contractor as required by this measure. Field notes documenting verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Community Development Department and Public Works and Engineering Department Mitigation Measure Implementation Schedule Verification Greenhouse Gases MM-GHG-5 During construction and operations, the Project applicant shall require recycling programs that reduces waste to landfills by a minimum 75 percent per AB 341. This measure shall be included in the construction contract and implemented during construction. Verification of implementation shall be based on field inspections by City inspection personnel that verify the recycling plan is being complied with by the contractor as required in this measure. Field notes documenting verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Building and Safety Department DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Mitigation Monitoring and Reporting Program Palomar Crossings City of Menifee Page 13 Mitigation Measure Implementation Schedule Verification Greenhouse Gases MM-GHG-6 During construction, the Project applicant shall require that ENERGY STAR-compliant appliances are installed wherever appliances are needed on-site. This measure shall be included in the construction contract and implemented during construction. As a requirement of the contractor: This measure shall be included in the construction contract, and field observations by City staff shall verify this measure is being implemented and field notes documenting implementation shall be placed in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Building and Safety Department Mitigation Measure Implementation Schedule Verification Greenhouse Gases MM-GHG-7 During construction, the Project applicant shall plant at least 130 new trees on-site. This measure shall be included in the construction contract and implemented during construction. As a requirement of the contractor: This measure shall be included in the construction contract, and field observations by City staff shall verify this measure is being implemented and field notes documenting implementation shall be placed in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Community Development and Building and Building and Safety Department DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Mitigation Monitoring and Reporting Program Palomar Crossings City of Menifee Page 14 Mitigation Measure Implementation Schedule Verification Hazards and Hazardous Materials MM-HAZ-1 Pesticide Presence. Prior to any ground disturbance activities, the Project applicant shall submit a workplan to DTSC for review and approval. Any ground disturbing activities shall be monitored by a qualified contractor. If any pesticide residue is discovered at the site during any land disturbance activities, a qualified contractor shall be contacted to remove such materials. Any work conducted shall be in compliance with guideline set by an oversight agency such as the County Department of Environmental Health Services (DEH) or the Department of Toxic Substances Control (DTSC), prior to grading permit final. The workplan shall be completed and approved prior to any ground disturbance activities. A copy of the approved workplan shall be retained in the project file. Verification of compliance of this measure shall occur based on City review of the approved workplan. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee –Community Development Department and Building and Safety Department Mitigation Measure Implementation Schedule Verification Hazards and Hazardous Materials MM-HAZ-2 Within 30 days of final approval of the Specific Plan Amendment, the Project Applicant shall incorporate the following language into the Specific Plan Amendment and it shall be submitted to the Planning Department for approval: “The Specific Plan is located within Compatibility Zone E of the March Air Reserve Base/Inland Port Airport Influence Area subsequent underlying entitlements will be reviewed in light of the then-applicable Airport Land Use Compatibility Plan effective at the time the underlying entitlements are filed.” Within 30 days of final approval of the Specific Plan Amendment, this measure shall be incorporated into the Final Specific Plan Amendment document. A copy of the Final Specific Plan Amendment document shall be included in the project file. Verification of compliance of this measure shall occur based on City review of the Final Specific Plan Amendment document. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Community Development Department DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Mitigation Monitoring and Reporting Program Palomar Crossings City of Menifee Page 15 Mitigation Measure Implementation Schedule Verification Noise MM-NOI-1 During construction, the contractor shall ensure all construction equipment is equipped with appropriate noise attenuating devices and equipment shall be maintained so that vehicles and their loads are secured from rattling and banging. Idling equipment shall be turned off when not in use. This measure shall be implemented during construction and included in the contract with the construction contractor. This measure shall be included in the construction contract, and City staff shall verify that construction activities comply with this requirement. The verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Community Development Department Mitigation Measure Implementation Schedule Verification Noise MM-NOI-2 Construction staging areas should be located as far from noise sensitive land uses as reasonably feasible. This measure shall be implemented during construction and included in the contract with the construction contractor. This measure shall be included in the construction contract, and City staff shall verify that construction activities comply with this requirement. The verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Building and Safety Department Mitigation Measure Implementation Schedule Verification Noise MM-NOI-3 No pile driving, vibratory rollers, or heavy earth work activity, such as blasting is expected to take place during project construction; however, if such activity is required, additional vibratory analysis shall be required. This measure shall be implemented prior to any ground disturbance activities and during construction and included in the contract with the construction contractor. A copy of the additional vibratory analysis shall be included in the project file. Verification of compliance of this measure shall occur based on review/approval of the additional vibratory analysis and City field inspections. Field notes documenting verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Community Development Department and Building and Safety Department DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Mitigation Monitoring and Reporting Program Palomar Crossings City of Menifee Page 16 Mitigation Measure Implementation Schedule Verification Noise MM-NOI-4 A noise monitoring program shall be implemented during construction. The monitoring program will alert construction management personnel when noise levels approach the upper limits of the 8-hour Leq exceedance threshold (80 dBA) along the adjacent residential uses. Construction activity shall cease prior to noise levels exceeding the 8- hour threshold. This measure shall be implemented during construction and included in the contract with the construction contractor. This measure shall be included in the construction contract, and City staff shall verify that construction activities comply with this requirement. The verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Building and Safety Department Mitigation Measure Implementation Schedule Verification Noise MM-NOI-5 Prior to any grading between the western portion of PA 12 and northern portion of PA 14, the Project proponent shall install a temporary noise barrier shall be installed along the western portion of PA 12 and northern portion of PA 14 to shield adjacent residential units from the line of sight of the construction activity. Temporary noise barriers shall provide a minimum noise level attenuation of 10.0 dBA when Project construction occurs near existing noise-sensitive structures. The noise control barrier must present a solid face from top to bottom. The noise control barrier must be high enough and long enough to block the view of the noise source. Unnecessary openings shall not be made.  The noise barriers must be maintained, and any damage promptly repaired. Gaps, holes, or weaknesses in the barrier or openings between the barrier and the ground shall be promptly repaired.  The noise control barriers and associated elements shall be completely removed. This measure shall be implemented during construction and included in the contract with the construction contractor. This measure shall be included in the construction contract, and City staff shall verify that construction activities comply with this requirement. The verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Building and Safety Department DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Mitigation Monitoring and Reporting Program Palomar Crossings City of Menifee Page 14 Mitigation Measure Implementation Schedule Verification Noise MM-NOI-6 Noise Control Barrier Materials. The Project applicant shall employ noise control barriers. The designed noise screening will only be accomplished if the barrier’s weight is at least 3.5 pounds per square foot of face area without decorative cutouts or line-of-site openings between the shielded areas and the Project site. Noise control barriers may be constructed using one, or any combination of the following materials:  Masonry block;  Stucco veneer over wood framing (or foam core), or 1-inch thick tongue and groove wood of sufficient weight per square foot;  Glass (1/4 inch thick), or other transparent material with sufficient weight per square foot;  Earthen berm. The noise barrier must present a solid face from top to bottom. Preventable openings or decorative This measure shall be implemented during construction and included in the contract with the construction contractor. This measure shall be included in the construction contract, and City staff shall verify that construction activities comply with this requirement. The verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Building and Safety Department DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Mitigation Monitoring and Reporting Program Palomar Crossings City of Menifee Page 15 Mitigation Measure Implementation Schedule Verification Noise MM-NOI-7 Prior to the issuance of a building permit, the Project applicant shall submit a final detailed noise assessment to ensure all City of Menifee noise level standards are met. The residential exterior area of the Project site is forecast to experience exterior traffic noise levels that exceed the City standard of 65 dBA CNEL. Therefore, habitable outdoor areas may require noise barriers. The ultimate height and location of any noise barriers will be determined based upon a final noise analysis. The following criteria shall apply:  A “windows closed” condition with upgraded STC rated windows will likely be required for residential units in Planning Area 11 and 12 (East). Per UBC requirements, the project must supply a means of fresh air mechanical ventilation (e.g. air conditioning) for buildings that require the windows closed condition.  For proper acoustical performance, all exterior windows, doors, and sliding glass doors should have a positive seal and leaks/cracks must be kept to a minimum.  All rooftop mounted mechanical equipment and/or HVAC units should be shielded by a parapet wall. Shielding/parapet walls should be at least as high as the equipment.  Noise shielding walls may be required along the southern boundary of Planning Area 11 and 12 (East) to shield noise from adjacent proposed commercial uses. Such noise includes, but is not limited to: delivery/trash truck operations, parking lot noise, HVAC equipment noise, etc. This measure shall be implemented during construction and included in the contract with the construction contractor. This measure shall be included in the construction contract, and City staff shall verify that construction activities comply with this requirement. The verification shall be retained in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Community Development Department and Building and Safety Department DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Mitigation Monitoring and Reporting Program Palomar Crossings City of Menifee Page 16 Mitigation Measure Implementation Schedule Verification Public Services Fire and Police Protection MM-PS-1 Should development of the commercial portion of the Project not be developed prior to the residential component, and if the DIF fees are not sufficient to cover costs of residential demand for public services, the Project developer shall negotiate a method of covering the costs of services to be extended to the site, such as a Public Services fee or payment of an in lieu fee. This measure shall be implemented prior to the issuance of a building permit and the appropriate fees shall be submitted to the City. This measure shall be included in the construction contract, and City staff shall verify that construction activities comply with this requirement. The method in which the Applicant covers the cost of any additional required fees shall be documented with the City and retained in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Community Development Department and Building and Safety Department DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Mitigation Monitoring and Reporting Program Palomar Crossings City of Menifee Page 17 Mitigation Measure Implementation Schedule Verification Transportation MM-TR-1 Significant traffic impacts have been identified at four (4) study area intersections and for five (5) roadway segments for Project Opening Year 2023 traffic conditions. All Project impacts would be reduced to less than significant with the exception of Segment #1, SR-74 from I 215 to Antelope Road. Therefore, the Project’s impact for Project Opening Year 2023 traffic conditions would be considered significant and unavoidable. Intersection improvements for Project Opening Year 2023 conditions are as follows: Intersection Improvements  Palomar Road (NS) at Case Road (EW) o Install Traffic Signal.  Menifee Road (NS) at SR - 74 (EW) o Restripe northbound approach on Menifee Road from one left-turn/thru lane and one right-turn lane, to consist of one left-turn lane, one thru lane, and one right-turn lane. o Widen southbound approach on Menifee Road from one left-turn/thru/right-turn lane to consist of one left-turn lane, and one thru/right-turn lane and to align with the through travel lanes from the south leg of the intersection.  Menifee Road (NS) at McCall Boulevard (EW) o Widen southbound approach on McCall Boulevard from one left-turn lane, one thru lane, and one thru/right-turn lane, to consist of one left-turn lane, one thru lane, one thru/right-turn lane, and one right-turn lane.  Briggs Road (NS) at SR - 74 (EW) o Install right turn overlap phasing for the eastbound approach on SR-74. o Restrict northbound U-Turn movement on Briggs Road. . Roadway Segment Improvements  SR-74: I-215 to Antelope Road. o Segment currently built-out to ultimate general plan classification (4-lane, Major).  SR-74: Antelope Road to Palomar Road. o Widen roadway to general plan buildout classification of 6-lane Expressway.  SR-74: Palomar Road to Menifee Road. o Widen roadway to general plan buildout classification of 6-lane Expressway.  SR-74: Menifee Road to Briggs Road. o Widen roadway to general plan buildout classification of 6-lane Expressway.  Ethanac Road: I-215 to Matthews Road. Widen roadway to general plan buildout classification of 6-lane Expressway. This measure shall be included in the construction contract as a contract specification and implemented by the contractor during construction. This measure shall be included in the construction contract, and City staff shall verify that construction activities comply with the requirements in this measure. Field notes documenting compliance with this measure shall be retained in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Public Works and Engineering Department DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Mitigation Monitoring and Reporting Program Palomar Crossings City of Menifee Page 18 Mitigation Measure Implementation Schedule Verification Transportation MM-TR-2 Significant traffic impacts have been identified at nine (9) study area intersections and two (2) roadway segments for future cumulative traffic conditions. All Project impacts would be reduced to less than significant with the exception of Segment #1, SR-74 from I-215 to Antelope Road and Segment #12, McCall Boulevard from I-215 to Menifee Road. Therefore, the Project’s impact for Cumulative Conditions would be considered significant and unavoidable. Intersection improvements for cumulative traffic conditions are as follows: Intersection Improvements I - 215 SB Ramp (NS) at SR - 74 (EW) Widen the southbound approach of the I-215 SB Ramp from one thru/right-turn lane to consist of one thru lane and one thru/right-turn lane. I-215 SB Ramp (NS) at Ethanac Road (EW) Reconfigure interchange for westbound approach on Ethanac Road to include partial clover leaf design. Configuration would be improved from one left-turn and two thru lanes to consist of two thru lanes and one free right-turn lane. I-215 NB Ramp (NS) at Ethanac Road (EW) Reconfigure interchange for eastbound approach on Ethanac Road to include partial cloverleaf design. Configuration should be improved from one left-turn and one thru lane to consist of two thru lanes and one free right-turn lane. Widen westbound approach on Ethanac Road from one thru/right-turn lane to consist of two thru lanes and one free right-turn lane. I-215 SB Ramp (NS) at McCall Boulevard (EW) Widen eastbound McCall Boulevard approach from two thru lanes and one right-turn lane to consist of three thru lanes and one right-turn lane. Reconfigure interchange for westbound McCall Boulevard approach from one left- turn lane and two thru lanes to consist of two thru lanes and one free right-turn lane. I-215 NB Ramp (NS) at McCall Boulevard (EW) Reconfigure interchange for eastbound approach on McCall Boulevard to include partial cloverleaf design. Configuration should be improved from one left-turn and two thru lanes to consist of three thru lanes and one free right-turn lane. Widen westbound approach on McCall Boulevard from two thru-lanes and one free right-turn lane to consist of three thru lanes and one free right-turn lane. Improvement would require reconfiguration of SB ramps to include partial cloverleaf design and removal of westbound left turn lane on bridge. Widen northbound approach on I-215 NB Ramp from one left-turn/thru lane and This measure shall be included in the construction contract as a contract specification and implemented by the contractor during construction. This measure shall be included in the construction contract, and City staff shall verify that construction activities comply with the requirements in this measure. Field notes documenting compliance with this measure shall be retained in the project file. DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Mitigation Monitoring and Reporting Program Palomar Crossings City of Menifee Page 19 one right-turn lane to consist of one left-turn lane, one left-turn/right-turn lane, and one right-turn lane. Menifee Road (NS) at SR - 74 (EW) Restripe northbound approach on Menifee Road from one left-turn/thru-lane and one right-turn lane, to consist of one left-turn lane, one thru-lane, and one right-turn lane. Widen eastbound approach on SR-74 from one left-turn, one thru lane and one thru/right-turn lane, to consist of one left-turn lane, two thru-lanes, and one right- turn lane. Widen southbound approach on Menifee Road from one left-turn/thru/right-turn lane to consist of one left-turn lane, and one thru/right-turn lane and align the northbound receiving lanes (north leg) with the through travel lanes from the south leg of the intersection. Menifee Road (NS) at McCall Boulevard (EW) Widen northbound approach on McCall Boulevard from one left-turn lane, two thru lanes, and one right-turn lane, to consist of two left-turn lanes, two thru lanes, and one right-turn lane. Widen southbound approach on McCall Boulevard from one left-turn lane, one thru lane, and one thru/right-turn lane, to consist of one left-turn lane, two thru lanes, one thru/right-turn lane, and one right-turn lane. Install right turn overlap phasing for the southbound approach on McCall Boulevard. Widen eastbound approach on McCall Boulevard from two left-turn lanes, one thru lane, and one thru/right-turn lane, to consist of two left-turn lanes, two thru lanes, and one right-turn lane. Install right turn overlap phasing for the eastbound approach on McCall Boulevard. Roadway Segment Improvements Menifee Road: Watson Road to SR-74. Widen roadway to general plan buildout classification of 6-lane Expressway. SR-74: McCall Boulevard to Menifee Road. Widen roadway to general plan buildout classification of 6-lane Expressway. o (See Table included in MM-TR-2 below.) Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Public Works and Engineering Department DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Mitigation Monitoring and Reporting Program Palomar Crossings City of Menifee Page 20 Table in MM-TR-2: The calculated Project fair share contributions1, 2 are: Intersection Existing Traffic Cumulative Condition with Project Total Growth Project Trips Project % of Growth in Traffic AM PM AM PM AM PM AM PM AM PM 9. Palomar Road (NS) at Matthews Road (EW) 898 548 1,728 1,766 830 1,218 69 118 8.31% 9.69% 13. Briggs Road (NS) at SR-74 (EW) 2,870 2,565 3,748 3,580 878 1,015 68 117 7.74% 11.53 % 1The Project percent growth in traffic represents the project's percent contribution to existing conditions in traffic at an intersection during peak hours for Cumulative Condition. 2Fair share is calculated for intersections and roadways where a significant impact has been identified and the facility/improvement is not covered via the TUMF program. Mitigation Measure Implementation Schedule Verification Transportation MM-TR-3 Provide on-site and internal bicycle and pedestrian pathways that allow for direct and convenient non-motorized access between the residential and commercial planning areas within the Project site. This measure shall be implemented during site grading and ground disturbing activities. This measure shall be included in the construction contract, and field observations by City inspectors shall verify this measure is being implemented and field notes documenting implementation shall be placed in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Community Development Department and Building and Safety Department DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Palomar Crossings Mitigation Monitoring and Reporting Program City of Menifee Page 21 Mitigation Measure Implementation Schedule Verification Transportation MM-TR-4 Provide secure on-site bicycle storage or cages for the residential uses. This measure shall be included in the construction contract and implemented during construction. This measure shall be included in the construction contract, and field observations by City staff shall verify this measure is being implemented and field notes documenting implementation shall be placed in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Building and Safety Department Mitigation Measure Implementation Schedule Verification Transportation MM-TR-5 Provide convenient/highly visible on-site bicycle parking racks for the commercial uses. This measure shall be included in the construction contract and implemented during construction. This measure shall be included in the construction contract, and field observations by City staff shall verify this measure is being implemented and field notes documenting implementation shall be placed in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Building and Safety Department Mitigation Measure Implementation Schedule Verification Transportation MM-TR-6 Provide an enhanced bus stop along SR-74, adjacent to the site, with a bus shelter, benches and bus turnout. This measure shall be implemented during site grading and ground disturbing activities. This measure shall be included in the construction contract, and field observations by City staff shall verify this measure is being implemented and field notes documenting implementation shall be placed in the project file. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Public Works and Engineering Department Building and Safety Department DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D Palomar Crossings Mitigation Monitoring and Reporting Program City of Menifee Page 22 Mitigation Measure Implementation Schedule Verification Transportation MM-TR-7 A final traffic study shall be conducted once detailed site plans are prepared and prior to issuing building permits to ensure all plans are to City of Menifee traffic impact analysis standards. The final traffic study shall be completed and approved prior to building permit issuance. A copy of the approved final traffic study shall be retained in the project file. Verification of compliance of this measure shall occur based on City review of the approved final traffic study. Source Responsible Party Status / Date / Initials Draft EIR City of Menifee – Public Works and Engineering Department and Building and Safety Department DocuSign Envelope ID: A6D265A8-A329-45BF-A1CC-71A90057CC9D STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE l, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the foregoing Planning Commission Resolution No. PC20-495 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 13 day of May 2020 by the following vote: Ayes: Kanalin, Thomas, Diederich, Madrid Noes: Phillips Absent: None Abstain: None cMc Deputy City Clerk ) ) ) SS f,iENIFEE!:ffir: / O6