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
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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?
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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)
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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-
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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,
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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.
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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
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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
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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
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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
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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.”
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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
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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.
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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?
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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.
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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
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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.
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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
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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
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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,
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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.
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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)
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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
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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.
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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.
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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)?
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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
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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
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capita (based on mitigated VMT), based on the California
Emissions Estimator Model (CalEEMod) v2016.3.2.
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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
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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.
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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;
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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
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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
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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?
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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
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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
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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
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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,
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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
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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
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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
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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.
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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.
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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
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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
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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
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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.
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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
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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
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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.
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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?
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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
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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
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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
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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-
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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.
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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
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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.
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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.
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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-
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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
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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.
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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
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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
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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
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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:
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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.
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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)
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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.
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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
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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
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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
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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
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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);
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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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
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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
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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
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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
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Mitigation Monitoring and Reporting Program
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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
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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
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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
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