PC20-514RESOLUTION NO. PC 20-_____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA ADOPTING A MITIGATED NEGATIVE
DECLARATION FOR THE “JPN HAUN & HOLLAND SUBDIVISION” TO
SUBDIVIDE 37.06 ACRES INTO SIX PARCELS FOR
COMMERCAL/RETAIL AND AUTO RELATED USES LOCATED AT THE
NORTHEAST CORNER OF HAUN AND HOLLAND ROADS AND WEST
OF INTERSTATE 215 (APN: 360-130-003).
WHEREAS, on August 11, 2016, the applicant, JPN Investments, filed a formal
application with the City of Menifee for the approval of Tentative Parcel Map (TPM) 2016-
185 (PM 37121) a subdivision of 37.06 gross acres into six (6) commercial parcels ranging
in size from 5.10 to 7.76 gross acres (collectively, the “Project”); and
WHEREAS, pursuant to the requirements of the California Environmental Quality
Act (CEQA), an Initial Study (“IS”) and Mitigated Negative Declaration (“MND”) have been
prepared to analyze and mitigate the Project's potentially significant environmental
impacts; and
WHEREAS, between May 19, 2020 and June 18, 2020, the public review period
for the Draft IS/MND took effect, which was publicly noticed by a publication in a
newspaper of general circulation, notice to owners and occupants within 700 feet of the
Project site boundaries, notice to related agencies and government agencies, and persons
requesting public notice; and
WHEREAS, no comments on the Draft IS/MND have been received during the
public review period; and,
WHEREAS, on June 24, 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 Tentative Parcel Map (TPM) 2016-
185 (PM 37121), which hearing was publicly noticed by a publication in the Press
Enterprise, a newspaper of general circulation, an agenda posting, and notice to property
owners within 300 feet of the Project boundaries, and to persons requesting public notice,
and
WHEREAS, the City has complied with CEQA and the IS/MND is an accurate and
objective statement that fully complies with CEQA, the CEQA Guidelines, and represents
the independent judgment of the City; and
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
IS/MND which would require re-circulation; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Menifee resolves as follows:
Section 1: With regard to the Initial Study/Mitigated Negative Declaration, the
Planning Commission finds:
1. On the basis of the evidence presented and the whole record before it,
including the IS/MND, and any comments received, that there is no
substantial evidence that the Project, as mitigated, will have a
significant effect on the environment.
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514
JPN Subdivision IS/MND
June 24, 2020
2. The Mitigation Monitoring Plan (“MMP”), a copy of which is attached
hereto as Exhibit “1” and incorporated herein by reference, will assure
compliance with the mitigation measures required by the IS/MND
during Project implementation and would avoid or mitigate the potential
effects of the Project to a point where no significant effect on the
environment would occur.
3. The adoption of the IS/MND reflects the Planning Commission’s
independent judgment and analysis.
4. The MND, all documents referenced in the IS/MND, and the record of
proceedings on which the Planning Commission’s decision is based are
located at City of Menifee City Hall at 29844 Haun Road, Menifee, CA
92586 and the custodian of record of proceedings is the City of Menifee
City Clerk.
Section 2: The City of Menifee Planning Commission hereby adopts the Mitigated
Negative Declaration for the Project, subject to the MMP, which is attached
hereto as Exhibit “1” and incorporated herein.
PASSED, APPROVED AND ADOPTED this the 24th day of June, 2020
_______________________
Randy Madrid, Chair
Attest:
___________________________
Stephanie Roseen, Deputy City Clerk
Approved as to form:
______________________________
Thai Phan, Assistant City Attorney
DocuSign Envelope ID: 039D9C3C-07AE-4011-BCA3-5E0109B62738
Haun and Holland Mixed Use Center
Initial Study/Mitigated Negative Declaration
Case No. 2016-185, TPM37121 Mitigation Monitoring and Reporting Program
Page 226
Mitigation, Monitoring, and Reporting Program
This document is the Mitigation Monitoring and Reporting Program (MMRP) for the Project (Case No. 2016-185, TPM37121). This MMRP has been
prepared pursuant to California Public Resources Code Section 21081.6, which requires public agencies to “adopt a reporting and monitoring
program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the
environment.” An MMRP is required for the proposed Project because the Initial Study/Mitigated Negative Declaration (IS/MND) has identified
significant adverse impacts, and measures have been identified to mitigate those impacts as reflected below.
Mitigation Measure Timing Monitoring
Responsibility
Verification (Date
and Initials)
Air Quality
MM AQ-1: Provide information to tenants encouraging trip
reduction strategies such as ride share, carpool, public transit,
etc. The applicant shall submit documentation to the City prior
to occupancy.
Prior to occupancy City of Menifee
MM AQ-2: Any facilities that include heavy-duty trucks shall
post signs informing users of requirements limiting idling to five
minutes or less pursuant to Title 13 of the California Code of
Regulations, Section 2485. The City shall verify signage has
been installed prior to occupancy.
Prior to occupancy City of Menifee
MM AQ-3: High efficiency lighting shall be installed at the
Project site. Building plans shall identify high efficiency lighting
and shall be verified prior to occupancy.
Prior to occupancy City of Menifee
MM AQ-4: As part of the land use application for any gasoline
dispensing facility, a health risk assessment (HRA) shall be
prepared in accordance with SCAQMD Rule 1401 and
submitted to the City of Menifee Community Development
Director prior to future discretionary development approval. The
HRA shall be prepared in accordance with SCAQMD Rule
1401. If the HRA identifies health risk in excess of applicable
SCAQMD thresholds, mitigation measures shall be incorporated
to reduce impacts to the extent feasible.
Prior to approval City of Menifee
Community
Development
Director
Biological Resources
MM BIO-1: Nesting Bird Survey. Prior to issuance of a grading
permit, for any construction to take place between February 1st
Prior to issuance of a grading permit Qualified
Biologist
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Haun and Holland Mixed Use Center
Initial Study/Mitigated Negative Declaration
Case No. 2016-185, TPM37121 Mitigation Monitoring and Reporting Program
Page 227
Mitigation Measure Timing Monitoring
Responsibility
Verification (Date
and Initials)
and September 15th, a qualified biologist shall be retained and
required to conduct a nesting bird survey(s) no more than three
(3) days prior to initiation of grading to document the presence
or absence of nesting birds within or directly adjacent (within
100 feet) to the Project Site. Construction beginning outside the
nesting season (between September 16th and January 31st)
does not require pre-removal nesting bird surveys. A report of
the findings prepared by a qualified biologist shall be submitted
to the City of Menifee for review and approval prior to
construction that has the potential to disturb any active nests
during the nesting season. Any nest permanently vacated for
the season would not warrant protection pursuant to the MBTA.
The nesting bird survey(s) shall focus on identifying any
passerine or raptor nests that would be directly or indirectly
affected by construction activities. If active nests are
documented, species-specific measures shall be prepared by a
qualified biologist and implemented to prevent abandonment of
the active nest. A minimum exclusion buffer of 100 feet shall be
maintained during construction until the young have fledged,
depending on the species and location. The perimeter of the
nest setback zone shall be fenced or adequately demarcated
with stakes and flagging at 20-foot intervals, and construction
personnel and activities restricted from the area. A survey
report by a qualified biologist verifying that no active nests are
present, or that the young have fledged, shall be submitted to
the City of Menifee for review and approval prior to initiation of
grading in the nest-setback zone. The qualified biologist shall
serve as a construction monitor during those periods when
construction activities occur near active nest areas to ensure
that no inadvertent impacts on these nests occur.
MM BIO-2: Preconstruction Burrowing Owl Survey. Prior to
issuance of a grading permit, a preconstruction survey shall be
conducted by a qualified biologist no more than 30 days prior to
the initiation of construction to ensure protection for the
burrowing owl and compliance with the conservation goals
outlined in the MSHCP. The survey will be conducted in
Prior to issuance of a grading permit City of Menifee
DocuSign Envelope ID: 039D9C3C-07AE-4011-BCA3-5E0109B62738
Haun and Holland Mixed Use Center
Initial Study/Mitigated Negative Declaration
Case No. 2016-185, TPM37121 Mitigation Monitoring and Reporting Program
Page 228
Mitigation Measure Timing Monitoring
Responsibility
Verification (Date
and Initials)
compliance with both MSHCP and CDFW guidelines. A report
of the findings prepared by a qualified biologist shall be
submitted to the City of Menifee for review and approval prior to
any permit or construction activities. If burrowing owls are
detected onsite during the 30-day preconstruction survey, and if
it also occurs during the breeding season (February 1st to
August 31st), then construction activities shall be limited to no
more than 300 feet from active burrows until a qualified biologist
has confirmed that nesting efforts are completed or not initiated.
In addition to monitoring breeding activity, if construction is
proposed to be initiated during the breeding season or active
relocation is proposed, a burrowing owl mitigation plan will be
developed based on CDFW and USFWS requirements for the
relocation of individuals to the Lake Mathews Preserve, or as
determined by the above-noted wildlife agencies.
MM BIO-3: Regulatory Permits. Prior to issuance of a grading
permit, implementing project shall obtain and provide to the
City, authorizations for impacts to jurisdictional areas regulated
by U.S. Army Corps of Engineers (Sections 401 of Clean Water
Act), Regional Water Quality Control Board (Section 404 of the
Clean Water Act), and California Department of Fish and
Wildlife (Section 1600 of California Fish and Game Code).
Permits shall include measures to replace any vegetation
removed during construction that is affiliated with the
jurisdictional area. If these regulatory agencies determine that a
permit is not needed, evidence of that finding shall also be
provided to the City.
Prior to issuance of a grading permit U.S. Army Corps
of Engineers
MM BIO-4: DBESP. Prior to issuance of a grading permit, any
implementing projects requiring improvements that include
storm drain connections to the Caltrans Ditch, shall prepare a
Determination of Biologically Equivalent or Superior
Preservation (DBESP) report to determine the jurisdictional
limits of the ditch as well as required mitigation for impacts to
jurisdictional areas regulated by U.S. Army Corps of Engineers
(Sections 401 of Clean Water Act), Regional Water Quality
Control Board (Section 404 of the Clean Water Act), and
Prior to issuance of a grading permit
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Haun and Holland Mixed Use Center
Initial Study/Mitigated Negative Declaration
Case No. 2016-185, TPM37121 Mitigation Monitoring and Reporting Program
Page 229
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Responsibility
Verification (Date
and Initials)
California Department of Fish and Wildlife (Section 1600 of
California Fish and Game Code).
Energy
MM AQ 1 through MM AQ 3 above.
Greenhouse Gas Emissions
MM AQ 1 through MM AQ 3 above.
Noise
MM NOI-1: Prior to the start of construction activities, the
Project contractor shall select construction equipment capable
of performing the necessary tasks with the lowest sound level
and the lowest acoustic height possible. The following
measures shall be incorporated to reduce construction impacts
to the extent feasible:
• Operate diesel equipment with closed engine doors and
equip diesel equipment with factor-recommended mufflers.
• For stationary equipment, designate equipment areas with
appropriate acoustic shielding on building and grading
plans. Equipment and shielding should be installed prior to
construction and remain in designated location throughout
construction activities.
• Use electrical power to run air compressors and similar
power tools rather than diesel equipment.
• Require contractors, as a condition of contract, to maintain
and tune-up construction equipment to minimize
construction noise emissions.
• Temporary sound barriers that break the line of sight (at
least six feet tall) should be erected along the perimeter of
the project site between active on-site construction work
using heavy equipment and adjacent sensitive receptors
(residences). Such barriers should be of sufficient height
to break the line-of-sight between noise-generating
equipment and the noise-sensitive receptor and should be
Prior to the start of construction
activities
Project contractor
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Haun and Holland Mixed Use Center
Initial Study/Mitigated Negative Declaration
Case No. 2016-185, TPM37121 Mitigation Monitoring and Reporting Program
Page 230
Mitigation Measure Timing Monitoring
Responsibility
Verification (Date
and Initials)
continuous with no gaps or holes between panels or the
ground. Temporary sound barriers may include noise
curtains, sound blankets, or solid temporary barriers with a
Sound Transmission Class (STC) rating of at least 20 or
greater based on sound transmission loss data taken
according to ASTM Test Method E90. If an STC-rated
product is not available or not feasible for use, a product
with a similar industry-standard specification, or a product
that would achieve a similar insertion loss based on a
manufacturer or supplier recommendation, would be an
acceptable substitute. A 15 dBA reduction barrier is
feasible through the implementation of such construction
barriers, which should be installed at the project site prior
to beginning construction activities and stay in place for
the entire duration of the construction period.
MM NOI-2: Prior to the start of construction activities, the
Project contractor shall implement alternatives to the standard
backup beepers as feasible, including strobe lights or products
with a lower noise level.
Prior to the start of construction
activities
Project contractor
MM NOI-3: Prior to the start of construction activities, the
Project contractor shall place the laydown area as far as
possible from the closest sensitive noise receptor.
Prior to the start of construction
activities
Project contractor
MM NOI-4: Prior to issuance of building permit, implementing
projects shall provide an acoustical impact analysis for the
individual uses proposed by the implementing project to confirm
the exterior findings, determine building- and/or unit-specific
interior noise levels, and potential mitigation measures including
but not limited to minimum STC window ratings required, to
ensure implementing project does not exceed noise levels
established by the Noise and Vibration Analysis Report
prepared by DBF dated April 17, 2019.
Prior to issuance of building permit
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Haun and Holland Mixed Use Center
Initial Study/Mitigated Negative Declaration
Case No. 2016-185, TPM37121 Mitigation Monitoring and Reporting Program
Page 231
Mitigation Measure Timing Monitoring
Responsibility
Verification (Date
and Initials)
Transportation
MM TRANS-1: The Project applicant shall pay a fair share
contribution for the following roadway segment improvements,
listed by roadway segment number:
1. Bradley Road – Park Avenue to Newport Road – Fair
Share Contribution
4. Haun Road – Newport Road to La Piedra Road – Fair
Share Contribution
▪ Restripe eastbound one right turn lane.
5. Haun Road – La Piedra Road to Holland Road – Fair
Share Contribution
▪ Construction of one additional northbound through
lane.
6. Haun Road – Holland Road to Scott Road – Fair Share
Contribution
▪ Construction of one additional northbound through
lane and one additional southbound through lane
and install a raised median.
8. Newport Road – Bradley Road to Haun Road – Fair
Share Contribution
▪ Restripe of the eastbound approach to
accommodate one additional eastbound through
lane from the Paloma Wash frontage to the I-215
Southbound On-Ramp.
17. Holland Road – Haun Road to Hanover Lane – Fair
Share Contribution
▪ Construction of Overpass.
MM TRANS-2: The Project applicant shall pay a fair share
contribution for the following intersection improvements as
shown in bold:
▪ Intersection of Antelope Road and Newport Road (#6)
– Fair Share Contribution
Northbound: Two left-turn lanes. One through lane.
One right-turn lane.
Prior to occupancy
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Haun and Holland Mixed Use Center
Initial Study/Mitigated Negative Declaration
Case No. 2016-185, TPM37121 Mitigation Monitoring and Reporting Program
Page 232
Mitigation Measure Timing Monitoring
Responsibility
Verification (Date
and Initials)
Southbound: Two left-turn lanes. One through lane.
One shared through and right-turn lane. One right-turn
lane.
Eastbound: Two left-turn lanes. Three through
lanes. Restripe one right-turn lane.
Westbound: Two left-turn lanes. Two through lanes.
One shared through and right-turn lane.
▪ Intersection of Menifee Road and Newport Road (#7)
– Fair Share Contribution
Northbound: Two left-turn lanes. Two through lanes.
One right-turn lane.
Southbound: One left-turn lane. Two through lanes.
Install one right-turn overlap.
Eastbound: One left-turn lane. Two through lanes.
One through and right-turn lane.
Westbound: One left-turn lane. Three through lanes.
One right-turn lane.
▪ Intersection of Bradley Road and Holland Road (#9) –
Fair Share Contribution
Northbound: One left-turn lane. One shared through
and right-turn lane.
Southbound: One left-turn lane. One through lane.
One right-turn lane.
Eastbound: Restripe to provide one left-turn lane.
One through lane. One right-turn lane.
Westbound: One left-turn lane. One through lane.
One right-turn lane.
▪ Installation of a traffic signal at the intersection of
Sherman Road and Holland Road (#11) – Project
Responsibility 1
Northbound: Construct one left-turn lane. One
shared through and right-turn lane.
Southbound: Construct one left-turn lane. One
shared through and right-turn lane.
Eastbound: Restripe to provide one left-turn lane.
One through lane. One right-turn lane.
DocuSign Envelope ID: 039D9C3C-07AE-4011-BCA3-5E0109B62738
Haun and Holland Mixed Use Center
Initial Study/Mitigated Negative Declaration
Case No. 2016-185, TPM37121 Mitigation Monitoring and Reporting Program
Page 233
Mitigation Measure Timing Monitoring
Responsibility
Verification (Date
and Initials)
Westbound: Restripe to provide one left-turn lane.
One through lane. One right-turn lane.
Note 1: The project is responsible for payment of 100
percent of the improvements at the intersection of
Sherman Road and Holland Road.
▪ Intersection of Haun Road and Holland Road (#15) –
Fair Share Contribution2
Northbound: One left-turn lane. One through lane.
One shared through and right-turn lane.
Southbound: One left-turn lane. Two through lanes.
One right-turn lane with overlap.
Eastbound: One left-turn lane. One through lane.
One right-turn lane.
Westbound: One left-turn lane. One through lane.
One shared through and right-turn lane.
Note 2: The project is responsible for payment of 100
percent of the improvements at the intersection of
Haun Road and Holland Road.
▪ Installation of a traffic signal at the intersection of
Antelope Road and Albion Lane (#22) – Fair Share
Contribution
Northbound: One through lane. One shared through
and right-turn lane.
Southbound: One left-turn lane. One through lane.
Eastbound: Not applicable.
Westbound: One left-turn lane. One right-turn lane.
▪ Installation of a traffic signal at the intersection of
Palomar Road and Holland Road (#24) – Fair Share
Contribution
Northbound: One shared left-through and right-turn
lane.
Southbound: One shared left-through and right-turn
lane.
Eastbound: Construct one left-turn lane. One
shared through and right-turn lane.
DocuSign Envelope ID: 039D9C3C-07AE-4011-BCA3-5E0109B62738
Haun and Holland Mixed Use Center
Initial Study/Mitigated Negative Declaration
Case No. 2016-185, TPM37121 Mitigation Monitoring and Reporting Program
Page 234
Mitigation Measure Timing Monitoring
Responsibility
Verification (Date
and Initials)
Westbound: Construct one left-turn lane. One
shared through and right-turn lane.
MM TRANS-3: Implementing projects shall be required to
provide a traffic study or technical traffic memorandum to the
City for review and approval demonstrating that implementing
project traffic levels are consistent with the assumptions in the
Traffic Impact Analysis prepared by Albert A. Webb Associates
dated March 2020.
Future implementing projects shall
submit as part of entitlement process
City of Menifee
Utilities and Service Systems
Mitigation Measures MM BIO-3 and MM BIO-4 See above See above
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Stephanie Roseen, Deputy City Clerk of the City of Menifee, do hereby certify that the
foregoing Planning Commission Resolution No. PC20- was duly adopted by the Planning
Commission of the City of Menifee at a meeting thereof held on the 24 day of June 2020
by the following vote:
Ayes:
Noes:
Absent:
Abstain:
_______________________________
Stephanie Roseen, CMC
Deputy City Clerk
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None
None
Karwin, Phillips, Thomas, Diederdich, Madrid
None
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