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PC21-553RESOLUTION NO. PC21-553 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA RECOMMENDING CITY COUNCIL CERTIFICATION OF A FINAL PROGRAMMATIC ENVIRONMENTAL IMPACT REPORT (SCH#2021020031) FOR THE CITY OF MENIFEE 6T" CYCLE HOUSING ELEMENT UPDATE (GENERAL PLAN AMENDMENT NO. PLN21-0022 AND CHANGE OF ZONE NO. PLN21-0021), MAKING CERTAIN FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, in June 2020, the City of Menifee initiated the City's 6th Cycle (2021-2029) Housing Element Update Project which includes updates within multiple elements of the City of Menifee General Plan (Menifee GP) including the Housing Element, the Land Use Element, and Safety Element along with the addition of new Environmental Justice policies and programs; and WHEREAS, this Project includes applications for (1) the approval of a General Plan Amendment (PLN21-0022); and, (2) the approval of a Change of Zone (PLN21-0021), (collectively, the "Project"); and WHEREAS, the Housing Element Update (HEU) component proposes updates to the Menifee GP Housing Element in accordance with California Government Code (CGC) §§65580- 65589.8 which requires the revision of housing elements every eight years; and WHEREAS, the HEU includes revised goals and policies, and new, modified, and continuing implementation programs that result in maintenance and expansion of the housing supply to adequately accommodate households currently living and expected to live in the City. Per CGC §65584(d), the HEU also addresses existing and projected housing needs through the accommodation of the City's Regional Housing Needs Assessment (RHNA) allocation; and WHEREAS, the Southern California Association of Governments (SCAG) determines the City's regional housing needs allocation (RHNA) based on future estimates of housing unit need over the RHNA planning period (2021-2029); and WHEREAS, The City was allocated a total RHNA of 6,609 units from which this allocation is broken down into very low-, low-, moderate-, and above moderate -income categories based on the most current Median Family Income (MFI) for Riverside County (the County) as follows: • 1,761 very low-income housing units; ■ 1,051 low-income housing units; • 1,106 moderate -income housing units; • 2,691 above moderate -income units; and WHEREAS, To accommodate the City's RHNA allocation, the HEU identifies 69 candidate housing sites which could accommodate up to 8,696 additional housing units within the City. The identified candidate housing sites would accommodate units for a 32 percent buffer beyond the 6,609-unit RHNA requirement. Eleven of the candidate housing sites will require General Plan land use amendments and rezoning as follows: • Eight parcels (APNs 339-200-008, 333-060-014, 333-060-015, 333-060-002, 360-100- 016, 338-170-007, 338-170-020 and 372-050-043) totaling approximately 55.02 acres to be rezoned from Economic Development Corridor (EDC) zones (EDC-MB, EDC-NR & EDC-CC) to the High Density Residential (HDR) Zone. The Project also includes General Plan land use amendments for these sites from EDC to 20.1-24 du/ac Residential. • One approximately 9.27-acre parcel (APN 333-050-034) to be rezoned from the Economic Development Corridor -McCall Blvd. (EDC-MB) Zone to the Medium Density Residential (MDR) Zone. The Project also includes a General Plan land use amendment for this site from EDC to 8.1-14 du/ac Residential. ■ Two parcels (APNs 339-200-012 & 339-200-013) totaling 10.12 acres to be rezoned from the Economic Development Corridor Newport Road (EDC-NR) Zone to the Low Medium Density Residential (LMDR) Zone. The Project also includes General Plan land use amendment for these sites from EDC to 5.1-8 du/ac Residential; and WHEREAS, the Land Use Element Update (LUEU) component includes land use changes needed in conjunction with proposed rezoning for HEU candidate sites to meet the City's RHNA and includes revisions to the City's Economic Development Corridor (EDC) land use policies to include: • Removal of the 15 percent limitation placed on residential land uses within EDC land use areas (the 15 percent is met for EDC land use areas changing to residential land use for stand-alone residential development that is not vertically integrated with non-residential development); • Amending language to NOT allow stand-alone residential development and require residential to be vertically integrated with non-residential development, thereby ensuring no loss of EDC commercial, office and retail; and • Amend the EDC Subarea use descriptions and preferred use mix for these areas; and WHEREAS, the Safety Element Update (SEU) component includes updates to the Safety Element in accordance with CGC §65302(g) and to address any relevant safety issues to reduce the potential short and long-term risk to the public from fires, floods, droughts, earthquakes, landslides, climate changes and other hazards; and WHEREAS, the General Plan updates include Environmental Justice (EJ) Policy updates to comply with Senate Bill 1000 (SB 1000) which requires cities to incorporate environmental justice goals and policies into the General Plan if they have disadvantaged communities within their jurisdiction and when updating/revising two or more elements of the General Plan; and WHEREAS, the City of Menifee is the Lead Agency under the California Environmental Quality Act, Public Resources Code §§ 21000 et seq. ("CEQA"); and WHEREAS, the City of Menifee Community Development Department determined that an Environmental Impact Report would be prepared for the HEU project, based on the potential to create short-term, long-term, and cumulative impacts associated with Project implementation; and WHEREAS, based on this determination, the City of Menifee filed a Notice of Preparation (NOP) of a Draft Programmatic EIR ("Draft PEIR") with the California Governor's Office of Planning and Research (State Clearinghouse) and the NOP was distributed to various agencies and the public in accordance with CEQA requirements. The NOP review period was from February 4, 2021, to March 5, 2021; and WHEREAS, on February 25, 2021, the City of Menifee held a duly noticed public scoping meeting, regarding the preparation of the Draft PEIR to discuss and hear from the public on the potential environmental impacts, in accordance with CEQA requirements; and WHEREAS, between June 25, 2021, and August 9, 2021, the State -mandated forty-five (45)-day public review period for the Draft PEIR took effect, and notification was sent to related agencies and government agencies, and other interested parties, and the Draft PEIR was sent to the State Clearinghouse, posted on the City's website and copies placed at the City Hall public counter and at the Sun City Library; and WHEREAS, during the public review period, comments on the Draft PEIR were received from: Kristine Kim, Riverside County Department of Environmental Health, Rongsheng Luo, Southern California Association of Governments, Mauricio Alvarez, Riverside Transit Agency, Deborah De Chambeau, Riverside County Flood Control and Water Conservation District, and Mitchell M. Tsai, Attorney commenting for the Southwest Regional Council of Carpenters; and WHEREAS, such comments and testimony were responded to through Response to Comments as part of the Final Programmatic EIR ("Final PEIR") and the Response to Comments were distributed to all public agencies that submitted comments on the Draft Project EIR at least 10 days prior to certification of the Final Project EIR in accordance with CEQA; 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 PEIR which would require re -circulation; and WHEREAS, the Draft Programmatic EIR for the Project, dated June 2021, and Final Programmatic EIR for the Project, dated October 2021, provide an assessment of the environmental impacts associated with the Project and have 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 November 10, 2021, 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 Project including the consideration of the Final Programmatic EIR, 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 Planning Commission of the City of Menifee has read and considered all environmental documentation comprising the Final PEIR, has found that the Final Programmatic EIR considers 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 and of Fact; and WHEREAS, prior to recommending action on the Project, the Planning Commission has considered all significant impacts, mitigation measures, and project alternatives identified in the Final PEIR, 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 as follows: Recitals. The Recitals above are true and correct, based on substantial evidence in the record, including the Final PEIR, and incorporated herein by this reference. 2. Final PEIR. The Planning Commission hereby confirms that the Final PEIR, as certified by this Resolution, is composed of the following: i. Final PEIR (dated October 2021) ii. Draft PEIR (dated June 2021) iii. Draft PEIR Appendices iv. CEQA Findings of Fact V. Mitigation Monitoring and Reporting Program vi. Comments and Responses vii. Errata for Final PEIR 3. Certification of EIR. Based on its review and consideration of the Final PEIR and all written communications and oral testimony regarding the proposed project which have been submitted to, and received by, the City, the Planning Commission recommends the City Council certify that the Final PEIR 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 Project. 4. CEQA Findings of Fact. The Planning Commission recommends the City Council adopt the CEQA Findings of Fact attached as "Exhibit A," which exhibit is incorporated herein as though set forth in full. Significant Impacts. The City finds, based upon the threshold criteria for significance presented in the Draft PEIR, that all potentially significant environmental effects of the Project can be avoided or reduced to insignificance with feasible mitigation measures identified in the Draft PEIR. No substantial evidence has been submitted to or identified by the City that indicates that the following impacts would, in fact, occur at levels that would necessitate a determination of significance. 6. Alternatives. The Final PEIR has described all reasonable alternatives to the Project that could feasibly obtain the basic objectives of the Project, even when those alternatives might impede the attainment of Project objectives and might be more costly. 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 PEIR as indicated by the public record for the Project and the Final PEIR. 8. Mitigation Plan Approval. All environmental effects can feasibly be avoided or mitigated and will be avoided or mitigated by imposition of mitigation measures included in the Final PEIR 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 PEIR are feasible. 9. No Significant New Information Added to Draft PEIR. The information provided in the various reports submitted in connection with the proposed Project and in the responses to comments on the Draft PEIR, the information added to the Final PEIR, and the evidence presented in written and oral testimony at public hearings on the Project and the Draft PEIR do not constitute significant new information that would require recirculation of the Draft PEIR 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 hourt. PASSED, APPROVED AND ADOPTED this 10cn day of November 2021 .7 BenjFinDiede=rich,Chairman Attest: LPeph&ie Roseen, Deputy City Clerk Approved as to form 3 V. th an, Assistant City Attorney City of Menifee 2021-2029 Housing Element Update Findingsof Fact 1.0 INTRODUCTION 1.1 Findings of Fact The California Environmental Quality Act (CEQA) requires that the environmental impacts of project be examined and disclosed prior to approval of a project. Pursuant to CEQAGuide lines Section 15091(a), No public agency shaII approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR [referred to in these Findings as "Finding 1"]. 2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency [referred to in these Findings as "Finding 2"]. 3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR [referredto in these Findings as "Finding 3"]. Having received, reviewed and considered the Final Program Environmental Impact Report for the City of Menifee 6th Cycle Housing Element Update (Project), State Clearinghouse (SCH) # 2021020031; as well as all other information in the record of proceedings on this matter, the following Findings Regarding the CEQA Documents for the Project are hereby adopted by the City of Menifee (City). 1.2 Document Format These Findings have been categorized intothe following sections: 1) Section 1.0 provides an introduction to these Findings. 2) Section 2.0 provides a summaryof the Project, overview of other discretionary actions required for the Project, and a statement of Project objectives. 3) Section 3.0 provides a summary of those activities that have preceded the consideration of the Findings for the Project as part of the environmental review process, and a summary of public participation in the environmental review for the Project. 4) Section 4.0 sets forth findings regarding those potentially significant environmental impacts identified in the CEQA Documents which the City has determined to be less than significant with the implementation of Project design features. 5) Section 5.0 sets forth findings regarding those significant or potentially significant environmental impacts identified in the CEQA Documents which the City has determined can October2021 1 City of Menifee 2021-2029 Housing Element Update Findings of Fact feasibly be mitigated to a less than significant level through the imposition of mitigation measures included in the MMRP for the Project. 6) Section 6.0 sets forth findings regarding growth -inducing impacts. 7) Section 7.0 sets forth findings regarding alternatives to the Project. 8) Section 8.0 contains findings regarding the Mitigation, Monitoring and Reporting Program (MMRP) for the Project. 9) Section 9.0 contains other relevant findings adopted by the City with respect tothe Project. The Findings set forth in each section herein are supported by findings and facts identified in the administrative record of the Project. 1.3 Custodian and Location of Records The documents and other materials that constitute the administrative record for the City's actions regarding the Project are located at the City of Menifee Community Development Department, 29844 Haun Road, Menifee, California 92586. The City is the custodian of the administrative record for the Project. 2.0 PROJECT SUMMARY 2.1 Project Description/Location The Project is an updated Housing Element for the City's General Plan, an update to the City's Land Use Element, an update to the City's Safety Element, and an Environmental Justice component. California Government Code §§65580-65589.8 requires that jurisdictions evaluate their Housing Elements every eight years. The current statutoryupdate in the Southern California Association of Governments (SCAG) region covers the eight -year 51h Cycle Housing Element (2013-2021). The City of Menifee 2021-2029 Housing Element is proposed to ensure consistency with current State Housing laws and cover the 6th Cycle Housing Element Update (2021-2029). The potential effects of updating these elements of the City's General Plan will be analyzed in this PEIR along with land use amendments and rezoning of the identified candidate housing sites. The candidate housing sites chosen to accommodate the additional Regional Housing Needs Assessment (RHNA) numbers designated for the City. The RHNA is a State Housing law requirement that is part of the periodic process of updating local General Plan Housing Elements. It is a process that determines existing and projected housing need (i.e., RHNA allocation) for all State jurisdictions (cities and unincorporated county areas)withthe intent to provide opportunities for a mix of unit types, tenure, and affordability. To comply with Housing Element law, the City must identify candidate housing sites that can accommodatethe 2021-2029 RHNAallocation. This may include the identification of current vacant land that can accommodate residential use or infill sites that permit residential development. Ifthe City cannot identify enough sites/parcels appropriately zoned to accommodate RHNAallocations, then the City must identify additional candidate housing sites. The City's RHNAallocation involves the accommodation of an October 2021 2 City of Menifee 2021-2029 Housing Element Update Findingsof Fact additional 6,609 potential housing units and are specified based on the household income level. The required housing growth for each household income level is quantified as: • 1,761 units for very low-income households; • 1,051 units for low-income households; • 1,106 units for moderate -income households; and • 2,691 units for above moderate -income households. As part of the 6th Cycle Housing Element Update (HEU), the City is required to identify housing sites that provide the development capacityto accommodate housing that addresses the City's RHNAallocation at all income levels. Approved specific plans containing entitlements for residential uses were found to accommodate a large portion of the required moderate and above moderate housing units. These specific plans include: • The Audie Murphy Ranch Specific Plan; • The Cantalena Specific Plan; • The Cimarron Ridge Specific Plan; • The LegadoSpecific Plan; • The Menifee North Specific Plan; • The Newport Estates Specific Plan; and • The Rockport Ranch Specific Plan. The City also plans to accommodate very low and low-income housing development through the utilization of existing medium to high density residential zones as well as specific plan areas. To accommodate the RHNA requirement for very low and low-income housing units, the City proposes to rezone parcels to high density residential zoning. An amendment tothe General Plan Land Use Element is required for changes to the land use designation of parcels identified for rezoning for the HEU and as part of a Land Use Element Update (LUEU) . Parcels identified as candidate housing sites in the HEU will have their land use designations changed to allow for a higher residential development density. The General Plan LUEU also includes the proposed land use amendment of 48 parcels within the Economic Development Corridor (EDC) Community Core (EDC-CC) from EDC-CC to Rural Residential (1313-1). The zone change request does not include any development proposal or removal of existing residential structures. The remainderof the EDC-CC will be unaffected by the amendment. No change in development standards otherthan to update the EDC land use policies to remove the 15 percent residential limitation placed on the residential land use types, allowing for greater residential development and other minor General Plan Land use text amendments are proposed. The General Plan Safety Element will also be updated to address any relevant safety issue to reduce the potential short and long-term risk to the public from fires, floods, droughts, earthquakes, landslides, climate changes and other hazards. The City will also analyze existing policies and programs to help identify and develop policies directing resources to disadvantaged communities to improve health, recreation, and economic mobility through cleaner air, better access to transportation, education, and October2021 3 City of Menifee 2021-2029 Housing Element Update Findingsof Fact employment. Environmental justice policies will be located in various Elements of the General Plan, where appropriate. 2.2 Discretionary Actions The HE requires adoption by the Menifee City Council as it constitutes an amendments to the City's General Plan and Zoning. On [XX INSERT DATE], the City's Planning Commission provided a unanimous recommendation on the proposed Project 6th Cycle HEU 2.3 Statement of Objectives The Project has the following goals: • Objective 1: Facilitate a varietyof housing strategies to meet Housing Element production targets in a way that complements the existing character of the community. • Objective 2: Provide goals, policies and programs which ensure the safety of the community in the face of increased risks associated with climate change. • Objective 3: Update the City's regulations to further protect residents from new natural and manmade hazards. • Objective 4: Create a more equitable community and environment for all members of the Menifee community. • Objective 5: Incorporate previously approved specific plans in the efforts to accommodate increased housing availability. • Objective 6: Provide an economically and socially diverse balance of housing options that are affordable for a variety of income levels and housing needs. • Objective 7: Accomplish the housing goals of the previous 5th Cycle housing update. 3.0 ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION A Notice of Preparation (NOP) was distributed for the Project by the Cityon February 3, 2021. As well, the State of California Clearinghouse issued a project number for the project, SCH # 2021020031. In accordance with CEQA Guidelines Section 15082, the NOP was circulated to interested agencies, groups, and individuals for a period of 30 days, during which comments were solicited and received, pertaining to environmental issues/topics that the Draft PEIR should evaluate. These NOP responses were considered in the preparation of the Draft PEIR, which upon release, was made available to all Responsible/Trustee Agencies and interested groups and individuals, as required under CEQA Guidelines Sections 15105 and 15087. The State -mandated public review of the Draft PEIR began on Friday June 25, 2021 and concluded August 9, 2021 (45 days). The Final PEIR includes a Response to Comments package, which presents all written comments received during the public review period of the Draft PEIR and includes responses to these comments and associated changes made to the PEIR. October 2021 4 City of Menifee 2021-2029 Housing Element Update Findinesof Fact The PEIR includes any exhibits or appendices thereto, the list of persons, organizations and public agencies which commented on the PEIR, the comments which were received by the City regarding the PEIR, and the City's written responses to comments raised in the public review and comment process, all of which are incorporated herein and made apart hereof by reference. Pursuant to State CEQA Guidelines Section 15084, the PEIR has been reviewed and analyzed by the City of Menifee as the lead agencywith respect to the Project and the PEIR. The following findings for the Project and each fact in support of a finding are thus based upon substantial evidence in the record. 4.0 FINDINGS REGARDING ENVIRONMENTAL IMPACTS DETERMINED TO HAVE NO IMPACTS OR BE LESS THAN SIGNIFICANT The City finds, based upon the analysis presented in Section 4.0 of the Draft PEIR, dated June 2021, as amended by the Final PEIR, dated October 2021, that the following environmental effects of the project either have no impact or are less than significant, and, therefore, no mitigation measures are required. The City hereby finds that existing regulatory requirements, policies, and/or project conditions have been identified and incorporated into the project which avoids or substantially lessens the potentially significant effect on the environment toa lessthan significant level. 4.1 Aesthetics Impact 4.1-1: Less than Significant Impact. The Project does not propose physical developments within the City.). Future development facilitated by the Project would be required to comply with any applicable design standards presented by the City, including height limitations and minimum landscaping. Additionally, future housing developments facilitated by the Project would be required to adhere to all State and local requirements for avoiding violation of standards during construction and operations. Impacts would be less than significant. As well, proposed policy modifications through the HEU, LUEU, Safety Element Update (SEU), and Environmental Justice (EJ) policies would not generate additional negative impacts within the City. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not significantly affect scenic vistas. Potential aesthetic impacts to scenic views are considered less than significant. Consequently, no mitigation measures are required for this less than significant impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.1-7 through 4.1-9. Impact 4.1-2: Less than Significant Im act No adopted State of California (State) or Riverside County (County) scenic highways exist within the City. The eligible state and county scenic highways within the City do not contain any identified candidate sites or EDC-CC sites included in the Project. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not impact scenic highways or corridors within the City. October 2021 5 City of Menifee 2021-2029 Housing Element Update Findingsof Fact Finding: The City adopts CECIA Finding 1. The City hereby finds that the Project would not significantly affect scenic highways and corridors. Potential aesthetic impacts to scenic highways and corridors are considered less than significant. Consequently, no mitigation measures are required for this less than significant impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.1-9through 4.1-10. Impact 4.1-3, Less than Significant Impact All future housing development on the candidate housing sites in the City would be reviewed to confirm compliance with all applicable requirements to protect and enhance the City's vis ua I character and public views, including the Menifee General Plan (Menifee GP) and Menifee Municipal Code (Menifee MC). Appropriate landscaping, setbacks, height, building articulation, and other design features would be required. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not negatively impact the visual character of the City. Some policies proposed by the Project would instead reinforce the City's aesthetic character through future development. Finding: The City adopts CECW Finding 1. The City hereby finds that the Project would not significantly affect the visual character of the City. Potential impacts are considered less than significant. Consequently, no mitigation measures are required for this less than significant impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.1-10through 4.1-11. impact 4.1-4: Less than Significant Impact Future housing development facilitated by the HEU would be required to comply with all applicable requirements related to light and glare, including the California Green Building Standards Code, Menifee GP, and Menifee MC. These regulations include requirements to use low reflective building and fixture materials. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the HEU would continue to minimize potential impacts. Finding: The City adopts CECW Finding 1. The City hereby finds that the Project would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. Potential impacts are considered less than significant. Consequently, no mitigation measures are required for this less than significant impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.1-12 through 4.1-13. October2021 6 City of Menifee 2021-2029 Housing Element Update Findingsof Fact 4.2 Agriculture and Forestry Resources Impact 4.2-1: Less than Significant Impact One candidate site identified for the HEU RHNA allocation contains prime farmland and farmland of statewide importance (Candidate Site 69, Rockport Ranch Specific Plan). However, development of this specific plan has been previously approved by the Cityand would not be initiated by this Project. Noother candidate sites identified for rezoning for the HEU RHNA allocation or EDC-CC LUEU updates contain unique farmland or farmland of statewide importance. Future development of Candidate Site 69 would occur within a previously adopted specific plan and would not be initiated by the Project. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts to prime farmland, unique farmland or farmland of statewide importance beyond those concluded in the Draft PEIR. Potential impacts are considered less than significant. Consequently, no mitigation measures are required for this less than significant impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.2-5through 4.2-6. Impact 4.2-2: No Impact No candidate sites identified for rezoning for the HEU RHNA accommodation or EDC-CC LUEU contain Williamson contract sites. Furthermore, the Project does not propose the direct development of additional housing units. Instead, the Project would facilitate future housing developments which would require further environmental analysis at the time of their development. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts beyond those concluded in the Draft PEIR. Potential impacts are considered less than significant. Consequently, no mitigation measures are required for this less than significant impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR page 4.2-6. Impact 4.2-3: Less than Significant Impact No candidate sites identified for rezoning for the HEU RHNA accommodation or EDC-CC LUEU are designated or zoned for forestry uses, nor are they adjacent to any zoning for forest land or timberland. Further, the Project would not require or involve the rezoning of forest land, timberland, or timberland zoned Timberland Production. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. October2021 7 City of Menifee 2021-2029 Housing Element Update Finding: The City adopts CEQA Finding 1. Findingsof Fact The City hereby finds that the Project would not generate substantial impacts due to conflicts with the existing zoning for forest land or timberland beyond those concluded in the Draft PEIR. No impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Su pportive Evidence: Please refer to Draft PEIR pages 4.2-6 through 4.3-7. Impact 4.2-4: No Impact The City contains a diverse landscape which includes hills, mountains, valleys, and waterways. Furthermore, the City is defined by a desert climate and drought tolerant vegetation such as desert sage. As such, the City's landscape does not include forests suitable forforestryor used as recreational areas. Furthermore, the Project does not propose the direct modification of land within the City. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts involving the conversion of forestland to non -forest use beyond those concluded in the Draft PEIR. No impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR page 4.2-7. Impact 4.2-5: No Impact As previously stated, future housing development facilitated by the Project would occur on parcels designated and zoned for residential use and EDC zoned parcels. No changes in land use or rezoning of parcels with the Project would result in conversion of farmlandto a non-agricultural use or conversion of forest land to non -forest use. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts due to the conversion of farmland or forestlandto nonagricultural or non -forest use beyond those concluded in the Draft PEIR. No impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please refer to Draft PEIR page 4.2-7. October 2021 8 City of Menifee 2021-2029 Housing Element Update Findingsof Fact 4.3 Air Quality Impact 4.3-1: Less than Significant Impact The anticipated increase in population due to Project implementation, based on average household size, is still within the growth projections analyzed by the Southern California Association of Governments (SCAG) in their current Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). Furthermore, future developments facilitated by the Project would continue to be required adhere to federal, state, and local air quality regulations. This includes the South Coast Air Quality Management District (SCAQMD)thresholds of significance and Local Significant Thresholds (LSTs). Project components also do not include the revision or modification of adopted air quality plans or directly conflict with the established air quality standards adopted for both the City and region. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the SEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts resulting from conflicts with adopted air quality plans beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.3-16through 4.3-18. Impact 4.3-3: Less than Significant Impact The Project would not directly propose or involve the physical development of housing units within the City. However, future housing development facilitated by the Project would continue to comply with SCAQMD thresholds of significance and LSTs. Regulations such as SAQMD Rule 1470, which applies to stationary fueled internal Combustion Engines, would continue to minimize potential effects associated with future development. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the SEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts which would expose sensitive receptors to substantial pollutant concentrations beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.3-20through 4.3-22. October2021 9 City of Menifee 2021-2029 Housing Element Update Findingsof Fact Impact 4.3-4: Less than Significant Im act The Project would not include any of the land uses that have been identified by the SCAQMD as odor sources. Future housing development facilitated by the Project could result in the temporary emission of odors generated from vehicles and/or equipment exhaust emissions during construction. This is typical of construction projects and would disperse rapidly. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the SEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City herebyfinds that the Project would not generate substantial impacts from the emissions of other emissions beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR page 4.3-22. 4.4 Biological Resources Impact 4.4-1: Less than Significant Impact No components of the Project would directly propose or require physical modifications to the City or existing structures. Although the Project does not directly propose development activities, future housing development may still be facilitated by Project implementation. However, future housing development facilitated by the Project would still be required to complete City review as well as environmental review in accordance with State CEQA Guidelines. Future development would also be required to comply with federal, state, and local regulations. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts withinthe City. Furthermore, some policies proposed by the SEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts to endangered, candidate, sensitive, or special status species beyond those concluded in the Draft PEI R. Lessthan significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.4-11 through 4.4-13. Impact 4.4-3: Less than Significant Im act The Project does not directly propose the alteration or removal of jurisdictional waters orwetlands with in the City. Only one candidate site (Site 63, Audie Murphy Ranch Specific Plan) was identified to contain sensitive plant species. However, this candidate site is a previously approved specific plan that would not be further modified by the Project. Furthermore, future housing developments facilitated by the Project would be required to undergo analysis to ensure minimal environmental impacts due to their development. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would October 2021 10 City of Menifee 2021-2029 Housing Element Update FindinRsof Fact not generate additional negative impacts within the City. Furthermore, some policies proposed by the SEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts towetlands beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR page 4.4-15. Impact 4.4-4: Less than Significant impact Although 39 of the 69 candidate sites are located on nonvacant parcels, most candidate sites are located in a generally developed area which would limit the quantity of species unacclimated to urban activity. Furthermore, the Project has not identified a candidate site in an area which would modify or impede the natural migratory patterns of native fish and aquatic species. Salt Creekacts as a natural wildlife corridor and would remain unmodified by the Project. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed bythe HEUwould continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts to wildlife movement beyond thoseconcluded in the Draft PER Less than significant impacts areanticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.4-16through 4.4-17. Impact 4.4-S: Less than Significant Impact The Project does not directly propose development of housing units which would modify or alter the physical nature of the City. Furthermore, the Project does not include actions which would conflict with established local policies protecting biological resources, such as Menifee MC §9.200Tree Preservation. Future housing development facilitated by the implementation of the Project would be required to continue complying with the established biological policies enacted by the City. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the HEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts stemming from conflicts with biological policies beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are requiredfor this impact. October 2021 11 City of Menifee 2021-2029 Housing Element Update Findingsof Fact Mitigation Measures: No mitigation is required. Supportive Evidence: Please refer to Draft PEIR pages 4.4-17 through 4.4-18. Impact 4.4-6: Less than Si nificant Im act Based on the Menifee GP and the Sun City/MenifeeArea Plan of the Western Riverside Multiple Species Habitat Conservation Plan (WRMSHCP), no significant unavoidable impacts to biological impacts were identified. Furthermore, the candidate sites were not identified in Subunit 1 or Subunit 2, the areas with the highest chance of naturally occurring sensitive species. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the HEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts due to conflicts with established conservation plans beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR page 4.4-18. 4.5 Cultural Resources No impacts were concluded to be less than significant. 4.6 Energy Impact 4.6-4: Less than Significant Impact There are no known conditions within any of the candidate housing sites that would require nonstandard equipment or construction practices thatwould be less energy -efficient than at comparable construction sites in the region or the state. During construction, some incidental energy conservation would occur through compliance with State requirements for construction. As well, future housing development facilitated by the Project would be required to comply with state and regional fuel efficiency requirements. Additionally, the City promotes and encourages electricvehicle usagethroughthe Electric Vehicle Charging Stations ordinance. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts due to the wasteful or inefficient energy use beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.6-10through 4.6-13. October 2021 12 City of Menifee 2021-2029 Housing Element Update Findingsof Fact Impact 4.6-2: Less than Significant impact Future housing development facilitated by the Project would be required to obtain permits and comply with federal, state, and local regulations aimed at reducing energy consumption, including the City's recently adopted VMT thresholds. Federal and state energy regulations, such as the California Energy Code Building Energy Efficiency Standards, the CALGreen Code, and Senate Bill (SB) 743 transportation - related impact analysis requirements would also be imposed through future development permit review to minimize future energy consumption. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the SEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts stemming from conflicts with established renewable energy or energy efficiency plans beyond those concluded in the Draft PER Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please refer to Draft PEIR pages 4.6-13 through 4.6-14. 4.7 Geology and Soils Impact 4.7-1(i)(ii): Less than Significant Impact The Project does not directly propose the development of additional housing units within the City and does not propose the physical modification of land within the City. Instead, the Project involves the updating of goals and policies within the Menifee GP. In general, all future housing development facilitated by the Project must demonstrate conformance with seismic design guidelines and requirements contained in the California Building Code (CBC) and local regulations contained within the Menifee MC. The City's Geotechnica I Investigation Ordinance requires new developments to fully analyze the geological condition of their project sites as well as any potential effect associated with development of their project sites. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the SEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts regarding fault rupture or strong seismic ground shaking beyond those concluded in the Draft PEIR. Lessthan significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.7-12 through 4.7-14. October 2021 13 City of Menifee 2021-2029 Housing Element Update Impact 4.7-1(iii)(iv): Less than Significant Impact Findingsof Fact Multiple candidate sites are located within the Paloma Wash Valley (candidate sites 59, 62 and 64); however, the Project does not directly propose development within the City. Due tothe potential hazards associated with liquefaction within those floodplains, future housing developments facilitated by the Project would be subject to permit approval and required to adhere to all federal, State, and local requirements for avoiding and minimizing seismic -related impacts (i.e., strong seismic shaking or ground failure including liquefaction and landslides). Compliance with regulations which calls for further analysis of individual developments would generate a less than significant impact due to implementation of the Project. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the SEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts seismic ground failure or landslides beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.7-14through 4.7-15. Impact 4.7-2: Less than Significant Impact Future housing development facilitated bythe Project would be subjectto permits and required to adhere to all federal, State, and local requirements for avoiding and minimizing impacts concerning soil erosion or loss of topsoil. Impacts related to erosion would be minimized through the projects' compliance with the City's National Pollutant Discharge Elimination System (NPDES) program, which requires implementation of a Storm Water Pollution Prevention Plan (SWPPP) and best management practices (BMPs) intended to reduce soil erosion. Considering these requirements, future housing development facilitated by the Project would not result in substantial soil erosion or loss of topsoil. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts regarding soil erosion and topsoil loss beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR page 4.7-15. Impact 4.7-3: less than Significant Impact The majority of development within the City has been erected in the relatively flat valleys which pose limited risks for landslides. One of the Project's candidate sites is within a portion of the City noted for October2021 14 City of Menifee 2021-2029 Housing Element Update Findingsof Fact landslide hazards and susceptibility (candidate site 63, Audie Murphy Ranch Specific Plan). Future development within this candidate site would be required to complete geotechnical investigations. Further, any future housing developments facilitated by the Project would be subject to permits and required to adhere to all federal, State, and local requirements for avoiding and minimizing impacts caused by unstable geological units or soils. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the HEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts from unstable soil beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.7-15through 4.7-16. Impact 4.7-4: Less than Significant Impact The majority of the soils within the City have a low shrink swell classification, meaning that the majority of soil within the City similarly has a low probability of containing incidental expansive soils. However, future housing development facilitated by the Project would be subject to regulation and required to adhere to all federal, State, and local requirements at the time of their development. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts due to expansive soil beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR page 4.7-16through 4.7-17. Impact 4.7-5: No Impact The Project does not propose the direct development of additional housing units within the City or any other physical modification for the City. Any future housing development facilitated by the Project through the identified candidate sites would be in areas served by the City's sanitary sewer system and would therefore not use septictanks or other alternative wastewaterdisposal systems. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Finding: The City adopts CEQA Finding 1. October 2021 15 City of Menifee 2021-2029 Housing Element Update Findingsof Fact The City hereby finds that the Project would not generates ubsta ntia I impacts regarding unsupportive soils beyond those concluded in the Draft PEIR. No impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR page 4.7-17. 4.8 Greenhouse Gas Emissions Impact 4.8-1 and 4.8-2: Less than Significant Im act The Project would not directly generate additional GHG emissions within the City. The Project is being created in accordance with the State Housing Law and general plan laws. In order to effectively do this, the Project would need to be created within the framework provided by state law and would therefore not conflict with other established state laws such as GHG regulations. Further, future development facilitated by the Project would be required to comply with existing GHG regulations and with the proposed additions to the Menifee GP. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the SEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts from the generation of GHG emissions or a conflict with an established GHG policy beyond those concluded in the Draft PEI R. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.8-16 through 4.8-18. 4.9 Hazards and Hazardous Materials Impact 4.9-1 and 4.9-2: Less than Significant Im act Future housing development facilitated by the Project would not involve ongoing or routine use of substantial quantities of hazardous materials during operations (occupancy of future housing). Only small quantities of hazardous materials would be anticipated including cleaning solvents, fertilizers, pesticides, and other materials used in regular maintenance. Furthermore, Hazardous Materials Business Plans (HMBP) are required for development within mixed use areas. As well, potential impacts involving the accidental discovery of unknown wastes or suspect materials during construction would be reduced following compliance with all federal, state and local regulations. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Finding: The City adopts CEQA Finding 1. October2021 16 City of Menifee 2021-2029 Housing Element Update Findingsof Fact The City hereby finds that the Project would not generate substantial impacts stemming from the transport, use, or disposal of toxic waste beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.9-14through 4.9-15. Impact 4.9-3: Less than Significant Impact There are over 15 schools located within the City. The Project would have a potentially significant impact on the environment if it would facilitate future housing development that would emit hazardous emissions or substances within 0.25-mile of an existing or proposed school. Adherence to California Hazardous Waste Control Law, California Health and Safety Code, and RCRA regulations would reduce potential impacts associated with the accidental release of hazardous materials. As a result, future housing development facilitated by the Project would not conflict with any state or local plan aimed at preventing emissions or handling of hazardous materials near schools. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts through the emission or generation of hazardous materials beyond those concluded in the Draft PEIR. Lessthan significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.9-15through 4.9-16. Impact 4.9-4: Less than Significant Impact The California Department of Toxic Substances Control (DTSC) identifies no hazardous waste or substance sites in the City. As well, a review of regulatory databases identified two open remediation cases within the City. Future housing development facilitated by the Project would require a site -specific survey to identify any environmental concerns prior to development approval. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts due to being on a site containing hazardous materials beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR page 4.9-16. October2021 17 City of Menifee 2021-2029 Housing Element Update Impact 4.9-5: Less than Significant Impact Findings of Fact Project buildout would not alter or interfere with land use compatibility review procedures of the Riverside County Airport Land Use Compatibility Plan and the Federal Aviation Administration. The Riverside County Airport Land Use Compatibility Plan and Federal Aviation Administration would review development plans and other land use plans considered for approval by the City. No conflict with regulations on land uses or structure heights would occur. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts due to proximity to an established airport land use plan beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.9-16through 4.9-17. impact 4.9-6: Less than Significant Impact Increased density due to Project implementation could result in an increased demand on emergency evacuation services in the event of a citywide or partial city emergency. However, the increased housing capacity associated with the Project would not exceed thetotal population initially projected and planned for under the City's General Plan. Therefore, no changes in the City's existing circulation network are proposed or required under the Project and no impact to emergency response or evacuation is anticipated. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Finding: The City adopts CEClA Finding 1. The City hereby finds that the Project would not generate substantial impacts due to conflicts with an adopted emergency response plans beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEI R page 4.9-17. Impact 4.9-7 Less than Significant Impact Future housing development facilitated by the Project would not directly or indirectly expose people or structures to a riskof loss, injury or death involving wildland fires. The City has significant interface areas where a proactive approach to preventing the start and spread of wildland fire is vital to protecting lives and property. A large percentage of the City's area is designated part of Moderate, High, and Very High fire hazard severity zones, as mapped byCAL FIRE. The candidate housing sites may be developed in these areas adjacent to areas that would be designated for open space; therefore, limited risk of wildfire could occur. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. October 2021 18 City of Menifee 2021-2029 Housing Element Update Finding: The City adopts CEQA Finding 1. Findingsof Fact The City hereby finds that the Project would not generate substantial impacts involving the exposure of people or structures to the risk of wildland fires beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.9-17 through 4.9-18. 4.10 Hydrology and Water Quality Impact 4.10-2: Less than Significant Impact There are no percolation basins or other areas in the City used for intentional recharge of groundwater basins. Thus, future housing development facilitated bythe Project would utilize/relyon the City's existing domestic water supply system for potable water services. Therefore, the future housing development would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge suchthatthe project may impede sustainable groundwater management of the basin. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts from the reduction of groundwater resources beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR page 4.10-16. Impact 4.10-5. Less than Significant Impact Multiple Project candidate sites within Zones A that could be at moderate to high risk of flooding. These include sites 53, 63, 67, 69, and the EDC-CC Island. Any proposed development within Zone A would be required to comply with Floodplain Management for Non Coastal Communities regulations (Menifee MC §4.2), which ensures that all public and privately -owned land within flood prone, mudslide, or flood related erosion areas are constructed as to minimize or avoid flood hazards that may impact the public health, safety, and general welfare of those who would occupy the development and to minimize public and private losses. Future development of candidate sites located near Canyon Lake would be at risk to seiche-related hazards and therefore would be required to adhere to all applicable regulations forementioned above including the City's General Plan's goals and policies related to flood hazards. The Project candidate housing sites are also located inland and are therefore not at risk for inundation due to a tsunami since theyare more than 27 miles from the Pacific 0cean. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the HEU and SEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. October2021 19 City of Menifee 2021-2029 Housing Element Update Findingsof Fact The City hereby finds that the Project would not generates ubstantia I impacts from the potential release of pollutants as a result of flood hazards, tsunamis, seiche zones, or inundation beyond those concluded in the Draft PEIR. Less than significant impacts area nticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.10-18through 4.10-20. Impact 4.10-6: Less than Significant Im act The City is a co-permittee of the regional MS4 Permit for part of the Santa Ana River Watershed in Riverside County, Order No. R8-2010-0033, issued by the Santa Ana RWQCB in 2010. MS4 Permit conformity and runoff and pollutant discharge reduction would be required for future housing development facilitated by the Project. Further, future housing development facilitated by the Project would be required to prepare a SWPPP and WQMP identifying site specific BMPs in accordance with NPDES permitting. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the HEU and SEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts due to conflicts with adopted water quality control plans or sustainable groundwater management plans beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.10-21 through 4.10-22. 4.11 Land Use and Planning Impact 4.11-1 Less than Significant Impact Candidate sites for General Plan land use amendments and rezoning as part of the HEU and LUEU have been identified throughout the City, ratherthan concentrated in a single area, thus would not divide an established community. Candidate housing within the City largelyconsists of residentially zoned parcels. Furthermore, General Plan land use amendments and rezoning proposed with the HEU and LUEU Project and do not directly propose the demolition of existing development and do not require the remova I of structures. For these reasons, existing developments would not be directly affected by the Project and associated GP amendments. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the HEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. October2021 20 City of Menifee 2021-2029 Housing Element Update Findingsof Fact The City hereby finds that the Project would not generates ubstantia I impacts to established communities beyond those concluded in the Draft PEIR. Less than significant impacts area nticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.11-11 through 4.11-13. Impact 4.11-2: Less than Significant Impact The Project is a required component of Statewide housing laws and efforts. Future housing development facilitated by the HEU and LUEU would be subject to discretiona ry permits a nd would need to comply with applicable federal, state, and local laws and local policies and regulations consistent with the procedures applicable to new development. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts due to conflicts with adopted land use policies beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.11-13 through 4.11-18. 4.12 Mineral Resources Impact 4.12.1: Less than Significant Impact The City contains urban developed areas, undeveloped areas, and two Mineral Resource Zone (MRZ) areas; a small MRZ-1area anda large MRZ-3 area. Nocandidate housing sites are located within the City/s MRZ-1 designated area. The potential for candidate housing sites within MRZ-3 the City's regions to contain valuable mineral deposits is presently unknown. The candidate sites within the City's MRZ-3 region are zoned for residential and commercial uses which would not currently allow for mining activities. Sites with this type of zoning are therefore not feasible to contain mining activities. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts due to the loss of mineral resources beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please refer to Draft PEIR page 4.12-4. October 2021 21 City of Menifee 2021-2029 Housing Element Update Findings of Fact Impact 4.12-2: Less than Significant Impact According to the State Department of Conservation Mines Online map, only one prospective mine was located within the City. However, this mine is currently closed and was never opened for operations. Furthermore, no candidate sites are located on this closed mining site. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts from the removal of mineral resource recovery sites beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.12-4through 4.12-5. 4.13 Noise Impact 4.13-1: Less than Significant Impact Through protentional development of the Project candidate housing sites, the net effect is anticipatedto vary in mobile noise. Inconsideration of the DU's potentially being placed at varying residential densities, the generated traffic levels per dwelling unit will fluctuate, in proximity to transit and regional transportation facilities. This Project does not reduce the City's abilityto monitor noise levels and does not conflict with existing standards and regulations regarding noise levels in the Citythrough compliance of the City's policies, goals, and municipal code. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the HEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts due to the increase of ambient noise levels beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages4.13-15through 4.13-17. Impact 4.13-2: Less than Significant Impact The Project does not include physical alterations to the City. If proposed buildout were to occur, the additional allowable residential densityat the candidate housing sites would remain within the expected population growth of the City and Region. The increase in density is not anticipated to change the overall impact of growth in the City compared to what was assumed in the Menifee GP and SCAG RTP/SCS. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the HEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. October2021 22 City of Menifee 2021-2029 Housing Element Update Findingsof Fact The City hereby finds that the Project would not generate substantial impacts due to excessive groundborne vibrations beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please refer to Draft PEIR pages 4.13-17 through 4.13-18. Impact 4.13-3: Less than Significant Impact No portions of the City are located with the 65 dBA CNEL noise contours of any airport. Implementation of the General Plan would not expose noise -sensitive land uses to noise levels that are incompatible with aircraft noise. As well, proposed policy modifications through the H EU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the HEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts stemming from proximity to airport land use plan areas or private airstrips beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are requiredfor this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.13-18through 4.13-19. 4.14 Population and Housing Impact 4.14-1: Less than Significant Impact Implementation of the Project would generate population growth at a rate that is lower than previously projected growth. Therefore, potential population growth facilitated by the Project would not exceed expected quantities. According to the National Association of Home Builders (NAHB), the average jobs created from the development of single-family homes would be equal to the anticipated population increase associated with future development facilitated bythe Project. The increase in affordable housing units would provide housing opportunities in proximity to jobs for those employed within the City that meet these household income categories, including those working in local retail/commercial service businesses, hotels, caregivers, property caretakers, and public occupations. Therefore, job availability would not be readily affected by the implementation of the Project and would not lead to unexpected population growth. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the HEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts from induced population growth beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. October 2021 23 City of Menifee 2021-2029 Housing Element Update Findingsof Fact Mitigation Measures: No mitigation is required. Supportive Evidence: Please refer to Draft PEIR pages 4.14-11 through 4.14-13. Impact 4.14-2: Less than Significant Impact For parcels with existing structures, the Project would not evict the residents or redevelop the existing structures. The Project would instead create policies and incentives which would allow for increased residential development in the future. Also, to minimize the potential for future housing displacement, the PEIR analyzed the potential for future housing development associated with the Housing Element Update at a scale of 8,696 units, which is a greater number of candidate sites than the 6,609 required by State law. This buffer of additional units, which is considered in the inventory of candidate housing sites analyzed in this PEIR, is intended to help the City address future "no net loss," if it becomes necessaryto identify a replacement site during the 6th Cycle Housing Element (2021-2029) implementation period. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the HEU would continue to minimize potential impacts. Finding: The City adopts CECIA Finding 1. The City hereby finds that the Project would not generate substantial impacts from the displacement of individuals or housing beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.14-13 through 4.14-15. 4.15 Public Services Im act 4.15-1: Less than Si nificant Im pact The Project does not directly propose the development of additional housing units within the City. Instead, the Project would facilitate the future development of 8,762 dwelling units (DUs). Implementation of the Project would not require physical modification of existing fire protection facilities or the development of additional fire facilities. The candidate housing sites identified for future development consists largelyof commercial and residential zoned parcels intended for commercial and residential use. Updates to the City's housing element would not include provisions that would conflict with established fire policies and regulations within the City. Furthermore, updates to the City's safety element would include provisions for fire safety including requirements for fuel brakes and evacuations in fire hazard scenarios. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the HEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City herebyfinds that the Project would not generate substantial impacts to fire services beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. October2021 24 City of Menifee 2021-2029 Housing Element Update Findingsof Fact Mitigation Measures: No mitigation is required. Supportive Evidence: Please refer to Draft PEIR pages 4.15-8through 4.15-9. Impact 4.15-2: Less than Significant Impact The Project would not result in the direct development of additional housing units within the City. As well, the Project does not include there mova I of existing police stations or development of new police stations within the City. Candidate housing sites identified by the Project would be located within the four existing patrol beats established bythe newly created Menifee Police Department (MPD). As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the HEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts to police services beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.15-9through 4.15-10. Impact 4.15-3: Less than Significant Impact Future housing development facilitated by the Project would be subject to discretionary permits and would occur as market conditions allow and at the discretion of the individual property owners. The student population growth from future housing development facilitated by the Project is anticipated to incrementally increase the demand for school facilities/services. However, future development facilitated by the Project would require the inclusion of development impact fees which includes payments for educational facilities. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the HEU would continue to minimize potential impacts. Finding: The City adopts CECW Finding 1. The City hereby finds that the Project would not generate substantial impacts to schools beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.15-10through 4.15-11. October2021 25 City of Menifee 2021-2029 Housing Element Update Findingsof Fact Impact 4.15-4: Impacts to parks and other public recreation resources are further discussed in Section 4.16 below. Impact 4.15-5: Less than Significant Im act Future housing development facilitated by the Project would generate planned population g rowth within the City which could result in new or physically altered governmental facilities, or need for new or physically altered governmental facilities. However, the forecast population growth from the future housing development facilitated by the Project would be within the projected population growth for the Region and the City and would not be considered "unplanned." Furthermore, the Project does not propose new developments within the City, including new public facilities. Facilities such as parks and schools may be included with future development of units to accommodate RHNA. In general, the City's Capital Improvement Program (CIP) includes planning and construction of public facilities needed to accommodate the City's projected growth. As well, proposed policy modifications throughthe HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the HEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts to other public facilities beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.15-11 through 4.15-12. 4.16 Recreation Impact 4.16-1: Less than Significant Impact Implementation of the Project would likely increase the demand on the City's existing parks, trails, and recreational resources. The forecast population growth could also incrementally increase the use of existing recreational facilities such that substantial physical deterioration could occur or be accelerated. However, the population growth estimated from the implementation of the Project would be within the projected growth estimates ofthe City and the Region. Additionally, the Project's candidate housing sites are dispersed throughout the community to minimize the potential for adverse changes in the neighborhood character and reducethe potential for adverse impacts on recreation amenities. Anyfuture housing development that involves the subdivision of land would also be required to comply with all relevant Federal, State, and local regulations and policies. Future residential developments within the City would be required to provide land or in lieu fees for parks or recreation purposes to bear a reasonable relationship to the use of the park and recreational facilities by future inhabitants pursuant. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the HEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. October 2021 26 City of Menifee 2021-2029 Housing Element Update Findingsof Fact The City hereby finds that the Project would not generate substantial impacts due to the increased demand on established parks beyond thoseconcluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are requiredfor this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.16-7 through 4.16-9. Impact 4.16-2: Less than Significant Impact The Menifee GP Open Space and Conservation Element, includes Policy OSC-1.2, requires a minimum of five acres of public open space to be provided for every 1,000 City residents. The City would contain an excess of 167.49 acres of open space areas beyond the requirements stated in the Menifee GP after Project implementation. The population growth associated with implementation of the Project would, therefore, not necessitate further development of new recreational facilities or the expansion of open space areas and parks. None of the candidate housing sites identified for the Project include land designated for open space or recreational uses. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the HEU would continue to minimize potential impacts. Finding: The City adopts CEGA Finding 1. The City hereby finds that the Project would not generate substantial impacts from the potential expansion of park facilities beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.16-9 through 4.16-10. 4.17 Transportation Impact 4.17-1: Less than Significant Impact Future housing development facilitated by the HEU within candidate sites located near 1-215 would be required to comply with Caltrans requirements. The Project minimizes transportation impacts by facilitating future housing development in locations throughout the City close to major roadways, near public transportation, within established bicycle paths, and near major retail facilities. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the HEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts regarding conflicts with established transportation policies beyondthose concluded in the Draft PEIR. Lessthan significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. October 2021 27 City of Menifee 2021-2029 Housing Element Update Findingsof Fact Supportive Evidence: Please refer to Draft PEIR pages 4.17-12through 4.17-13. Impact 4.17-2: Less than Significant Impact Inaccordance with the City's Traffic Impact Analysis Guidelines for Vehicle Miles Travelled (VMT) adopted June, 2020, affordable or supportive housing, senior housing, projects generating less than 110 daily vehicle trips corresponding with the development of 11 single-family housing units and 16 multi -family condominiums or townhouse housing units and projects located in Transit Priority Area (TPA) and low Vehicular Miles Travelled (VMT) areas are presumed to cause a less than significant impact on the environment, unless substantial evidence otherwise indicates that future housing development facilitated by the HEU would generate a potentially significant level of VMT. Thus, future housing development facilitated by the HEU would be subject to discretionary review to determine if the future housing development would create a significant impact to VMT. Future housing development facilitated by the Project would alsobe required to adhereto all state, regional, and local requirements to reduce or avoid significant impacts related to VMT. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the HEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts regarding conflicts with CEQA transportation guidelines beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.17-13 through 4.17-15. Impact 4.17-3: Less than Significant Impact Future housing development facilitated by the HEU would utilize existing roadways that are adjacent or connected to the candidate housing sites. Although future housing development design features are not known at this time, all future development would be subject to the City's discretionary review and approval process pursuant toCEQA Guidelines thatwould determine a project's potential to substantially increase transportation -related hazards at a project -specific level. Furthermore, all future housing projects facilitated by the HEU would be required to comply with applicable building and fire safety regulations required for the design of new housing and emergency access and would be required to adhere to all state and local requirements for reducing construction and operations impacts related to design and incompatible uses. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the HEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts from hazardous design features beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. October2021 28 City of Menifee 2021-2029 Housing Element Update Findingsof Fact Mitigation Measures: No mitigation is required. Supportive Evidence: Please refer to Draft PEIR pages 4.17-15 through 4.17-16. Impact 4.17-4: Less than Significant Impact Future housing development design details are not known at this time. Therefore, all future housing development would be subjecttothe City's discretionary review and approval process pursuanttoCEQA Guidelines to determine whether a future housing project facilitated by the Project would result in significant inadequate emergency access. Furthermore, allfuture housing development facilitated bythe Project would be required to be comply with all applicable state, regional, and local requirements for roadway and safe emergency access designs. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed bythe HEU and SEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City herebyfinds thatthe Project would not generate substantial impacts from impaired emergency access beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.17-16through 4.17-18, 4.18 Tribal Cultural Resources No impacts were concluded to be less than significant. 4.19 Utilities and Service Systems Impact 4.19-1: Less than Significant Impact Future housing developments would be expected to connect to the City's domestic water supply system in adjacent areas and would provide infrastructure/pipelines that are adequately sized to accommodate its demands. Future housing developments would be expected to connect to existing wastewater infrastructure in adjacent areas. Future housing development may also require construction of new storm water treatment and conveyance facilities, including on -site storm drains and water quality biofiltration basins. Any construction and operation effects to utilities and service systems from future housing development in accordance with the HEU would be subject to compliance with all Federal, State, and local requirements for minimizing construction and operational impacts to utilities, including water and wastewater system capacities, solid waste reduction goals, and supplies of electric power, natural gas, and telecommunications. Impacts would be less than significant. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the SEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. October 2021 29 City of Menifee 2021-2029 Housing Element Update Findingsof Fact The City hereby finds that the Project would not generates ubstantia I impacts from the increased demand on public facilities beyond those concluded in the Draft PEIR. Less than significant impacts area nticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please refer to Draft PEIR pages 4.19-10through 4.17-12. Impact 4.19-2: Less than Significant Impacts Project implementation would not facilitate development in a manner that would exceed the water supply capacity for EMWD in sing le or multiple dry years. Further, future development facilitated by the Project would be required to adhere to all federal, State, and local requirements during construction and operation for ensuring that sufficient water supplies are available. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts to water supplies beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR page 4.19-13. Impact 4.19-3: Less than Significant_ Impact The Project would constitute only 3.5 percent of Eastern Municipal Water District's (EMWD's) Renewable Freshwater Resources (RFWR) capacity. Therefore, EMWD has adequate capacity to serve the Project's estimated demand for wastewater treatment, in addition to its existing commitments. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts regarding wastewater treatment demand beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.19-13 through 4.19-14. Impact 4.19-4: Less than Significant Im act The EI Sobrante Landfill would be the nearest landfill to the Cityand would be the most likely receptorfor the City's solidwaste. El Sobrante Landfill has a daily throughput capacityof 16,054tons and a remaining capacity of 143,977,170cubic yards. The 8,762 RHNAunits would lead tothe daily generation of 87,620 pounds of solid waste which is equivalent to 43.81 tons of solid waste per day. This would comprise October 2021 30 City of Menifee 2021-2029 Housins Element Uodate Findinesof Fact approximately0.27 percent of the current daily throughput of the EI Sobrante Landfill. This amount would be further decreased through compliance with Menifee MC § 6.30.090 which requires that at least 50 percent of solid waste be diverted from landfills through recycling programs and practices. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts regarding solid waste generation beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please refer to Draft PEIR pages 4.19-14 through 4.19-15. Impact 4.19-5: Less than Significant Impact Any future development would be required to separate recyclable materials such as glass, plastics, cardboard, paper, and metals for recovery by Waste Management. All future development would be required to demonstrate compliance with federal, State, and local statutes and regulations concerning solid waste. Construction activities would be subject to compliance with the 50 percent diversion of solid waste requirement pursuanttoAB 939. In addition, allfuture housing development under the HEU would be required to comply with the Green Building Code, which implements design and construction measures that act to reduce construction -related waste through material conservation measures and other construction -related efficiency measures. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts due to conflicts with established solid waste policies beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR page 4.19-15. 4.20 Wildfire Impact 4.20-1: Less than Significant Im act The City of Menifee Local Hazard Mitigation Plan (LHMP) created in 2015, includes wildfire mitigation policies for wildfire hazards which have been incorporated into the Menifee GP Safety Element, The California Building Code, and the Menifee Emergency Operations Plan. The Project would incorporatethe information and policies included in the LHMP as well as those from other State agencies to remain compliant with Statewide safetygoals. Future development on candidate housing sites would be subject to discretionary permits and required to comply with the regulations to maintain adequate availability of emergency services. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies October 2021 31 City of Menifee 2021-2029 Housing Element Update Findingsof Fact would not generate additional negative impacts within the City. Furthermore, some policies proposed by the SEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial impacts to established emergency response or evacuation plans beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.20-7through 4.20-10. Impact 4.20-2: Less than Significant Impact The Project does not propose a ny physical developments or modifications tothe City. Future development facilitated by the Project would result in a population increase at maximum buildout. This increased population would likely occupy areas noted as either Moderate Fire Hazard Severity Zones (FHSZs), High FHSZs, or Very High FHSZs. The City has existing policies designed to minimize potential wildfire risks associated with new developments. To further minimize risk from wildfire, future development on the candidate housing sites in high fire hazard severity zones are required to adhere to the 2019 California Fire Code. The Project would also comply with the guidelines presented in the GP Safety Element Assessment produced by the California Board of Forestryand Fire Protection in conjunction with Cal Fire. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the SEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial wildfire impacts beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.20-10through 4.20-12. Impact 4.20-3: Less than Significant Impact It is anticipated that future housing development facilitated by the Project would be served by the extension of existing utility infrastructure located primarily in existing rights -of -way, because of the predominately developed nature of the City. Furthermore, coordination with the EMWD will ensure adequate water availability for future fire risks. Applicants would be required to offset wildfire exposure by complying with the wildfire protection building construction requirements contained in the most current California Building Code as well. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the SEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. October2021 32 City of Menifee 2021-2029 Housing Element Update Findingsof Fact The City hereby finds that the Project would not generate substantial impacts due to the installation of infrastructure beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR pages 4.20-12through 4.20-13. Impact 4.20-4: Less than Significant_ Impact The Project does not directly include the development of housing units or the physical modification of land within the City. Future development facilitated by the Project, though, would be within a region noted for increased wildfire risk. However, the City's LHMP concluded that flooding and landslide risks were not associated with wildfire events. Most candidate sites are outside of noted flood hazard areas shown in the Menifee Flood Hazards Map. Only sites 53, 63, 67, 69, and the EDC-CC Island are located within flood hazard areas. To further reduce impacts of flooding, policies within the updated Safety Element would require consistent coordination with FEMA to ensure that flood mapping and flood risk information is current and available. Historically, no landslides have been mapped within the Menifee area. As well, due to the low frequency of steep slopes, landslide potential within the City is low. As well, proposed policy modifications through the HEU, LUEU, SEU, and EJ policies would not generate additional negative impacts within the City. Furthermore, some policies proposed by the SEU would continue to minimize potential impacts. Finding: The City adopts CEQA Finding 1. The City hereby finds that the Project would not generate substantial post -fire flooding or landslide impacts beyond those concluded in the Draft PEIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact. Mitigation Measures: No mitigation is required. Supportive Evidence: Please referto Draft PEIR page 4.20-14. 5.0 FINDINGS REGARDING POTENTIALLY SIGNIFICANT ENVIRONMENTAL IMPACTS WHICH CAN BE MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT The City finds, based upon the threshold criteria for significance presented in the Draft PEIR, that all potentially significant environmental effects of the Project can be avoided or reduced to insignificance with feasible mitigation measures identified inthe Draft PEI R. No substantial evidence has been submitted to or identified by the City that indicates that the following impacts would, in fact, occur at levels that would necessitate a determination of significance. CEQA Guidelines, Section 15126(b), requires a description of any significant environmental effects that cannot be avoided if the proposed project is implemented. October 2021 33 City of Menifee 2021-2029 Housing Element Update Findingsof Fact According to thee nvironmenta I impact a na lysis presented in Section 4.0 of the Draft PEI R, no unavoidable significant adverse impacts would occur due to implementation of the proposed project. Therefore, any potential impacts associated with the Project would be removed or reduced to a less than significant level due to project design features or proposed mitigation measures. 5.1 Aesthetics No impacts were concluded to be significant. 5.2 Agriculture and Forestry Resources Impact 4.2-5: Less than Significant with Mitigation Applied The Project does not involve physical removal of —or the direct removal of —land designated for agricultural uses. Despite this, it is important that future residential projects continue to be mindful of agricultural resources within the City. Impacts may occur during the construction of future housing where shared infrastructure, like water lines, may be impeded by development. While it is highly unlikely, the Project is unable to confirm the potential of this occurring. Therefore, impacts would remain potentially significant without mitigation. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section20181(a) and State CEQAGuidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessenthe significant effect on the environment to below a level of significance. Mitigation Measures: Based upon the analysis presented in Section 4.2, Agricultural and Forestry Resources ofthe Draft PEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MM AGR-1: Future applicants involved in the development of additional residential uses withinthe City must reconnect utilities or infrastructure that serve agricultural uses if these a re disturbed by project construction. If project temporarily or permanently cuts off roadwayaccess or removes utility lines, irrigation features, or other infrastructure, the project proponents shall be responsible for restoring access as necessary to ensure that economically viable farming operations are not interrupted. MM AGR-2: Future applicants involved in the development of additional residential units within the City must manage project operations to minimize the introduction of invasive species or weeds that may affect agricultural production on adjacent agricultural land. Where a project has the potential to introduce sensitive species or habitats or have other spill -over effects on nearby agricultural lands, the project proponents shall be responsible for acquiring easements on nearby agricultural land and/or financially compensating for indirect effects on nearby agricultural land. Easements (e.g., flowage easements) shall be required for temporary or intermittent interruption in farming activities (e.g., because of seasonal October 2021 34 City of Menifee 2021-2029 Housing Element U Findinesof Fact flooding or groundwater seepage). Acquisition or compensation would be required for permanent or significant loss of economically viable operations. Supportive Evidence: Please referto Draft PEIR page 4.2-7. 5.3 Air Quality Impact 4.3-2: Less than Significant with Mitigation Applied Although the Project does not directly propose development of residential units within the City, future development on candidate housing sites facilitated by the Project may result in a cumulatively considerable net increase of a criteria pollutant for which the CARB is in nonattainment under an applicable federal or state ambient air quality standard. Therefore, impacts would remain potentially significant without mitigation. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Mitigation Measures: Based upon the analysis presented in Section 4.3, Air Quality of the Draft PEIR, which is incorporated herein by reference, the following Mitigation Measure is feasible and is made binding through the MMRP. Imposition of this mitigation measure will reduce potentially significant impacts to less than significant. MM AQ-1: Prior to the issuance of grading permits for future housing development facilitated by the Project, the City shall confirm that the Grading Plan, Building Plans and Specifications require all construction contractors to comply with any SCAQMD standards designed to minimize construction emissions of criteria pollutants including 03, PMlo, and PM25- Applicable standards include those regarding dust and particulates (rules 402 and 403). The measures include, but are not limited to, the following: • Portions of a construction siteto remain inactive longer than a period of three months will be seeded and watered until grass cover is grown or otherwise stabilized. • All on -site roads will be paved as soon as feasible or watered periodically or chemically stabilized. • All material transported off -site will be either sufficiently watered or securely covered to prevent excessive amounts of dust. • The area disturbed by clearing, grading, earthmoving, or excavation operations will be minimized at all times. • Where vehicles leave a construction site and enter adjacent public streets, the streets will be swept daily or washed down at the end of the workday to remove soil tracked onto the paved surface. Supportive Evidence: Please referto Draft PEIR pages 4.3-18through 4.3-20. October2021 35 City of Menifee 2021-2029 Housing Element Update Findinesof Fact 5.4 Biological Resources Impact 4.4-2: Less than Significant with Mitigation Applied The majority of candidate housing sites identified for the Project are located exclusively in land areas classified by the WRMSHCP as developed/disturbed land or agricultural land. The remaining candidate sites are located in areas which could contain sensitive vegetation species. Where sensitive vegetation communities are assumed to be present, site -specific surveys would be required prior to approval of future residential development facilitated by the Project to verify and confirm the presence of sensitive vegetation communities occurring on individual candidate housing sites and determine the extent of any potential impacts. Therefore, impacts would remain potentially significant without mitigation. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CECI.AGuidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Mitigation Measures: Based upon the analysis presented in Section4.4, Biological Resources of the Draft PEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impactsto lessthan significant. MM 1310-1: Applications for future housing development facilitated by the Project, where the City has determined a potential for impacts to special -status wildlife and plants species, shall be required to comply with the following mitigation framework: Prior to the issuance of any permit for future development consistent with the Project, a site -specific general biological resources survey shall be conducted on candidate housing sites to identify the presence of any sensitive biological resources, including any sensitive plant or wildlife species. A biological resources report shall be submitted to the City to document the results of the biological resources survey. The report shall include: (1) The methods used to determine the presence of sensitive biological resources; (2) Vegetation mapping of all vegetation communities and/or land cover types; (3) The locations of any sensitive plant or wildlife species; (4) An evaluation of the potential for occurrence of any listed, rare, and narrow endemic species; and (5) An evaluation of the significance of any potential direct or indirect impacts from the proposed project. If potentially significant impacts to sensitive biological resources are identified, future project -level grading and site plans shall incorporate project design features required bythe applicantto minimize direct impacts on sensitive biological resources tothe extentfeasible, October 2021 36 City of Menifee 2021-2029 Housing Element Finclines of Fact and the report shall also recommend appropriate mitigation to be implemented by the applicant to reducethe impactsto below a level of significance. MM 810-2: Applications for future housing development facilitated by the Project, where the City has determined a potential for impacts to special -status wildlife and plants species, shall be required to comply with the following mitigation framework: Applicants for future housing developments must appoint a qualified biologist to monitor construction activities that may occur in or adjacent to occupied sensitive species' habitat to facilitate avoidance of resources not permitted for impact. The qualified biologist, or a qualified botanist must also document the presence or absence of special status plants before project implementation. Supportive Evidence: Please referto Draft PEIR pages 4.4-13 through 4.4-15. 5.5 Cultural Resources Impact 4.5-1: Less than Significant with Mitigation Applied Four candidate housing sites are located within or adjacent to listed or eligible culturally significant resources within the City. As well, 39 of the 69 candidate housing sites identified for the Project are non - vacant parcels which have the potentialto contain historical structures. Anyfuture housing development on sites with potential historic resources would require future site -specific evaluation prior to any alteration, demolition, relocation, or new development to determine any potential impacts, prior to approval of required permits. This site -specific analysis would be used to determine, prior to approval of future development permits, if proposed development has the potential to impact a significant historical resource, or whether the existing development or property is eligible for listing on the historical databases. Therefore, impacts would remain potentially significant without mitigation. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Mitigation Measures: Based upon the analysis presented in Section 4.5, Cultural Resources of the Draft PEIR, which is incorporated herein by reference, the following Mitigation Measure is feasible and is made binding through the MMRP. Imposition of this mitigation measure will reduce potentially significant impactsto less than significant. MM CUL-1: Applications for future development facilitated by the Project, where the City has determined a potential for impacts to historic resources, shall be required to comply with the following mitigation framework: For any building/structures in excess of50 years of age having its original structural integrity intact, the applicant shall retain a qualified professional historian to determine whetherthe affected building/structure is historicallysignificant. The evaluation of historic architectural resources shall be based on criteria such as age, location, context, association with an October 2021 37 City of Menifee 2021-2029 Housing Element Update Findingsof Fact important person or event, uniqueness, or structural integrity, as indicated in State CECIA Guidelines §15064.5. A historical resource report shall be submitted by the applicant to the Cityand shall include the methods used to determine the presence or absence of historical resources, identify potential impacts from the proposed project, and evaluate the significance of any historical resources identified. Supportive Evidence: Please referto Draft PEIR pages 4.5-12 through 4.5-14. Impact 4.5-2: Less than Significant with Mitigation Applied. The majority of candidate sites (30) are vacant and therefore retain a greater potential to contain significant or notable archaeological resources. Although the Project does not directly propose any development or construction of future housing development, future development facilitated by the Project has the potential to disturb and potentially negatively impact subsurface prehistoric/historic archaeological resources through grading and other earthmoving activities. Therefore, impacts would remain potentially significant without mitigation. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessenthe significant effect on the environment to below a level of significance. Mitigation Measures: Based upon the analysis presented in Section 4.5, Cultural Resources of the Draft PEIR, which is incorporated herein by reference, the following Mitigation Measure is feasible and is made binding through the MMRP. Imposition of this mitigation measure will reduce potentially significant impactsto less than significant. MM CUL-2: Applications for future development consistent with the Project, where the City has determined a potential for impactsto archeological resources, shall be required to comply with the following mitigation framework: Prior to the issuance of any permit for future development located on a previously undisturbed site, the applicant shall retain a qualified archaeologist to conduct an archaeological survey to evaluate the presence of cultural resources and the need for project impact mitigation by preservation, relocation, or other methods. An archaeological resource report shall be submitted by the applicant to the City and shall include the methods used to determine the presence or absence of archaeological resources, identify potential impacts from the proposed project, and evaluate the significance of any archaeological resources identified. If there are potentially significant impacts to an identified archaeological/cultural resource, the report shall also recommend appropriate mitigation required by the applicant to reduce impactsto below a level of significance. Supportive Evidence: Please referto Draft PEIR pages 4.5-14through 4.5-15. October2021 38 City of Menifee 2021-2029 Housing Element Update Findingsof Fact Impact 4.5-3: Less than Significant Impact with Mitigation Applied While the HEU does not specifically propose activities such as grading or construction, human remains could be uncovered during future grading activities. Thus, future construction of the candidate housing sites has the potential to disturb sacred human remains through grading. Therefore, impacts would remain potentially significant without mitigation. Finding: The City adopts CEClA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CECIA Guidelines Section 15091(a), the City hereby finds that changes or a Iterations have been required in, or incorporated into, the project that avoid or substantially lessenthe significant effect on the environment to below a level of significance. Mitigation Measures: Based upon the analysis presented in Section 4.5, Cultural Resources of the Draft PEIR, which is incorporated herein by reference, the following Mitigation Measure is feasible and is made binding through the MMRP. Imposition of this mitigation measure will reduce potentially significant impacts to less than significant. MM CUL-3: Applications for future development consistent with the Project, where the City has determined a potential for impactstohuman remains, shall be required tocomply with the following mitigation framework: In the event that human remains are discovered or unearthed, all earth -disturbing work within a 100-meter radius of the location of the human remains shall be temporarily suspended or redirected by the applicant until a forensic expert retained by the applicant has identified and evaluated the nature and significance of the find, in compliance with State CEQA Guidelines 15064.5(f). If human remains of Native American origin are discovered or unearthed, the applicant shall contact the consulting tribe rega rding anyfinds and provide information after the archaeologist makes his/her initial assessment of the nature of the find, soas to provide Tribal input concerning significance and treatment. After the find has been appropriately mitigated, as determined and documented by a qualified archaeologist, work in the area may resume. Supportive Evidence: Please refer to Draft PEIR pages 4.5-15 through 4.5-16. 5.6 Energy No impacts were concluded to be significant. 5.7 Geology and Soils Impact 4.7-6: Less than Significant Impact with Mitigation Applied According to the Menifee GP Open Space and Conservation Element Background Document, the City contains multiple locations which would be likely to house paleontologically significant artifacts and resources. Locations which arethought to contain paleontological resources arethe western border and hills found within the City. the Menifee GP Open Space and Conservation Element shows that the majority October2021 39 City of Menifee 2021-2029 Housing Element Update Findingsof Fact of the City contains land designated as high paleontological sensitivity. Therefore, impacts would remain potentially significant without mitigation. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Mitigation Measures: Based upon the analysis presented in Section 4.7, Geology and Soils of the Draft PEIR, which is incorporated herein by reference, thefollowing Mitigation Measure is feasible and is made binding through the MMRP. Imposition of this mitigation measure will reduce potentially significant impacts to less than significant. MM GEO-1: Applications for future development consistent with the Project, where the City has determined a potential for impacts to paleontological resources, shall be required to comply with the following mitigation framework: i. Retain a Qualified Project Paleontologist. Prior to ground disturbing activities, the Applicant shall retain a qualified Project Paleontologist, defined as a paleontologist who meets the Society of Vertebrate Paleontology standards for Qualified Professional Paleontologist, to direct all mitigation measures related to paleontological resources. ii. Paleontological Monitoring and Compliance Program. After design of the housing development has been finalized to determine the precise extent and location of ground disturbing activities, and priorto ground disturbing activities, the Project Paleontologist shall prepare a Paleontological Monitoring and Compliance Program to be implemented during the ground disturbing activities. The Program shall be prepared in accordance with the standards set forth by current Society of Vertebrate Paleontology guidelines (2010). Prior to ground disturbing activities, the Program shall be provided to the City. Ground disturbing activities where paleontological sensitivity has been identified shall be monitored full-time by a qualified paleontological monitor during initial ground disturbing activities. The Program shall be supervised by the Project Paleontologist in coordination with the City. The duration and timing of the monitoring shall be determined by the Project Paleontologist. If the Project Paleontologist determines that full-time monitoring is no longer warranted, he or she may recommend to the Citythat monitoring be reduced to periodic spot-checking or cease entirely. Monitoring shall be reinstated if reduction or suspension would need to be reconsidered by the Project Paleontologist. The Program shall outline the procedures for construction staff Worker Environmental Awareness Program (WEAP) training, paleontological monitoring extent and duration, salvage and preparation of fossils, the final mitigation and monitoring report, and paleontological staff qualifications. October2021 40 City of Menifee 2021-2029 Housine Element Update Fi nd i ngs of Fact iii. SaIva geof Fossils, If fossils are discovered, the Project Paleontologist or paleontological monitor shall recover them. Typically, fossils can be safely salvaged quickly by a single paleontologist and not disrupt construction activity. In some cases, largerfossils (such as complete skeletons or large mammal fossils) require more extensive excavation and longer salvage periods. In this case, the paleontologist shall have the authority to temporarily direct, divert, or halt construction activity to ensure that the fossil(s) can be removed in a safe and timely manner. iv. Preparation and Curation of Recovered Fossils. Once salvaged, the Cityshall ensure that significant fossils are identified to the lowest possible taxonomic level, prepared to a curation-ready condition, and curated in a scientific institution with a permanent paleontological collection (such as the San Diego County Natural History Museum), along with all pertinent field notes, photos, data, and maps. Fossils of undetermined significance at the time of collection may also warrant curation at the discretion of the Project Paleontologist. Field collection and preparation of fossil specimens shall be performed by the Project Paleontologist with further preparation as needed by an accredited museum repository institution at the time of curation. v. Final Paleontological Monitoring and Compliance Report. Upon completion of ground disturbing activities (and curation of fossils, if necessary) the Project Paleontologist shall preparea Final Paleontological Monitoring and Compliance Report outlining the results of the Paleontological Monitoring and Compliance Program. The report shall be provided tothe Cityand shall include discussion ofthe location, duration, and methods of the monitoring, stratigraphic sections, any recovered fossils, and the scientific significance of thosefossils, and where fossils were curated. Supportive Evidence: Please refer to Draft PEIR pages 4.7-17through 4.7-19. 5.8 Greenhouse Gas Emissions Impact 4.8-1 and 4.8-2: Less than Significant with Mitigation Incorporated The Project does not include physical developments which would otherwise generate additional GHG emissions. As well the Project is a component of State lawwhich is intended tofurther reduce GHG levels. Despite this, future housing development contains the potential to generate harmful GHG emissions through construction and operations. Mitigation is therefore proposed which would further reduce those future risks. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Mitigation Measures: Based upon the analysis presented in Section 4.8, Greenhouse Gas Emissions of the Draft PEIR, which is incorporated herein by reference, the following Mitigation Measure is feasible October 2021 41 City of Menifee 2021-2029 Housing Element Update Findingsof Fact and is made binding through the MMRP. Imposition of this mitigation measure will reduce potentially significant impacts to less than significant. MM GHG-1: Applications for future development consistent with the Project, where the City has determined a potential for impacts from greenhouse gas emissions, shall be required to comply with the following mitigation framework: Project applicants for future residential projects must integrate green building measures consistent with the California Building Code, and therefore must: • Use energy efficient materials in building materials; • Incorporate passive environmental control systems that account for the characteristics of the natural environment; and • Incorporate passive solar design. Supportive Evidence: Please referto Draft PEIR pages 4.8-16through 4.8-18. 5.9 Hazards and Hazardous Materials No impacts were concluded to be significant. 5.10 Hydrology and Water Quality Impact 4.10-1: Less than Significant with Mitigation Incorporated Pursuant to the Menifee GP, all future housing development would be required to plan BMPs. Furthermore, future project applicants shall prepare a preliminary water quality management plan (WQMP) if any future housing development would create more than 10,000 square feet of impervious surfaces. The WQMP shall identify Low Impact Development (LID) treatment, source control BMPs, and treatment control BMPs. In addition, a final WQMP would be prepared pursuant to MS4 permitting to address BMP sizing and operations and maintenance. Project -specific WQMP's would be designed to support to enhance the regional BMPs and efforts implemented by the City. Site -specific details on individual BMPs would be dependent for each future housing development facilitated by the Project. Therefore, impacts would remain potentially significant without mitigation. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CEQAGuidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Mitigation Measures: Based upon the analysis presented in Section 4.10, Hydrology and WaterQuality of the Draft PEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MMHYD-1: Future project applicants shall comply with applicable construction water quality regulations including the NPDESGeneral Construction Permit, which shall be obtained from October 2021 42 City of Menifee 2021-2029 Housine Element Update Findingsof Fact the Regional Water Quality Control Board prior to issuance of any grading permits. This process requires that the applicant submit Permit Registration Documents prior to commencement of construction activities in the Storm Water Multiple Application and Report Tracking System (SMARTS). PRDs consist of the NOI, Risk Assessment, Post - Construction Calculations, a Site Map, the SWPPP, a signed certification statement bythe Legally Responsible Person, and the firstannual fee. The required SWPPP must identify specific actions and BMPs to prevent stormwater pollution during construction activities. The SWPPP shall identify a practical sequence for BMP implementation, contingency measures, responsible parties, and applicable contacts. The SWPPP would include but not be limited to the following elements: Comply with the requirements of the State of California's most current Construction Stormwater Permit. Temporary erosion control measures shall be implemented on all disturbed areas. • Sediment generated during construction and operation activityshall be retained on -site by a system of sediment or detention basins, traps, or other BMPs. • Construction Contractors shall prepare Standard Operating Procedures forthe handling of hazardous materials on the construction site to eliminate discharge of materials to storm drains. • BMP performance and effectiveness shall be determined either by visual means where applicable (e.g., observation of above -normal sediment release), or by actual water sampling in cases where verification of contaminant reduction or elimination (such as inadvertent petroleum release) is required by the SARWQCB to determine adequacy of the measure. Prior tothe issuance of the first grading permit, future project applicants shall submit construction plans that may include water quality BMPs for approval. The City of Menifee shall ensure that all applicable water quality standards are met before approving the SWPPP. MM HYD-2: Future project applicants shall prepare a Preliminary and Final Project -Specific WQMP for submittal together with all associated development plans which must be approved prior to the issuance of a building or grading permit. These documents shall be prepared in accordance with applicable City Genera I Plan a nd Municipal Code guidelines regulations and policies related to hydrology and waterquality, including but not limited to the following: • Site Design BMPs • Source Control BMPs • Treatment Control BMPs • BMPSizing • Equivalent Treatment Control Alternatives October 2021 43 City of Menifee 2021-2029 Housing Element Update Findingsof Fact Hydrologic Conditions of Concern (HCOC) Supportive Evidence: Please referto Draft PEIR pages 4.10-12through 4.10-12. Impact 4.10-3: Less than Significant with Mitigation Incorporated Clearing, grading, excavation, and construction activities associated with future housing development facilitated by the Project may impact water quality through soil erosion and increasing amount of silt, debris, and pollutants running off into local drainages. Further analysis would be required on a project by project basis. Therefore, impacts would remain potentially significant without mitigation. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) a nd State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessenthe significant effect on the environment to below a level of significance. Mitigation Measures: Based upon the analysis presented in Section 4.10, Hydrology and WaterQuality of the Draft PEIR, which is incorporated herein by reference, Mitigation Measures MM HYD-1 and MM HYD-2 are feasible and are made binding through the MMRP. Imposition of these mitigation measureswill reduce potentially significant impacts tolessthan significant. Supportive Evidence: Please referto Draft PEIR pages 4.10-16through 4.10-17. Impact 4.10-4: Less than Significant with Mitigation Incorporated Future housing development facilitated bythe Project would be subject to discretionary permits including MS4 and NPDES Permitting and is required to adhere to all federal, State, and local requirements related to stormwater/runoff during construction and operations, including the City's storm water and urban runoff policies within the Menifee GP and within the Menifee MC. Future project applicants would be required to prepa re a SWPPP and WQMP that identifies BMPs that would minimize the amount of surface runoff in a manner that would not result in flooding nor exceed the capacity of the City's existing stormwater drainage systems. Therefore, impacts would remain potentially significant without mitigation. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Mitigation Measures: Based upon the analysis presented in Section 4.10, Hydrology and WaterQuality of the Draft PEIR, which is incorporated herein by reference, Mitigation Measures MM HYD-1 and MM HYD-2 are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. Supportive Evidence: Please referto Draft PEIR pages 4.10-17 through 4.10-18. 5.11 Land Use and Planning No impacts were concluded to be significant. October2021 44 City of Menifee 2021-2029 Housing Element Update Findingsof Fact 5.12 Mineral Resources No impacts were concluded to be significant. 5.13 Noise Impact 4.13-1: Less than Significant with Mitigation Applied Like with Air Quality and GHG emissions, implementation of the Project would not be responsible for direct changes to the City's existing noise levels. However, future development facilitated by the Project contains the potential for noise impacts to sensitive receptors throughout the City. In order to further minimize the risks of future noise effects mitigation has been proposed which would ensure the use of proper noise shielding and work scheduling. Finding: The City adopts CEQA Findings 1. Pursuantto Public Resources Code Section 20181(a) and State CEQAGuidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Mitigation Measures: Based upon the analysis presented in Section 4.13, Noise of the Draft PEI R, which is incorporated herein by reference, the following Mitigation Measure is feasible and is made binding through the MMRP. Imposition of this mitigation measure will reduce potentially significant impacts to less tha n significant. MM N0I-1: Applications for future development consistent with the Project, where the City has determined a potential for impacts due to noise generation, shall be required to comply with the following mitigation framework: Project applicants for future residential projects must schedule construction activities consistent with the allowable hours pursuant to applicable general plan noise element or noise ordinance. Or, in instances where noise levels would exceed limitations, notify neighbors and occupants within 300 feet of the project construction area at least 30 days in advance of anticipated times when noise levels are expectedto exceed limits established in the noise element of the general plan or noise ordinance. Otherwise, project applicants must use equipment and trucks with the best available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds, wherever feasible) for project construction. Supportive Evidence: Please referto Draft PEIR pages 4.13-15through 4.13-17. 5.14 Population and Housing No impacts were concluded to be significant. 5.15 Public Services No impacts were concluded to be significant. October 2021 45 City of Menifee 2021-2029 Housing Element Update Findingsof Fact 5.16 Recreation No impacts were concluded to be significant. 5.17 Transportation No impacts were concluded to be significant. 5.18 Tribal Cultural Resources Impact 4.18-1(!)(ii): Less than Significant with Mitigation Applied Unknown tribal cultural resources have a higher potential of occurring in previously vacant, undeveloped sites. The majority of sites identified for the Project contain vacant, undeveloped parcels. Despite not making up a large part of the identified sites and parcels, future development facilitated by the Project maystill affect previously unidentified Native American tribal cultura I resources. This risk remains for both the parcels that are developed and thosethat are vacant and undeveloped. Candidate sites identified for the Project also occupy areas noted for potential paleontological significance. As shown in Exhibit OSC-4 of the Menifee GP Open Space and Conservation Element, the majority of the City contains land designated with high paleontological sensitivity. Therefore, impacts would remain potentially significant without mitigation. Finding: The City adopts CEQA Findings 1. Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant effect on the environment to below a level of significance. Mitigation Measures: Based uponthe analysis presented in Section4.18, Tribal Cultural Resources ofthe Draft PEIR, which is incorporated herein by reference, thefollowing Mitigation Measures arefeasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant. MMTCR-1: Unanticipated Discovery of Tribal Cultural and Archaeological Resources:Upondiscovery of any tribal, cultural, or archaeological resources during ground -disturbing activities, the Applicant shall immediately cease such activities inthe immediate vicinity. The find willthen be assessed by a qualified archeologist retained by the Applicant and a tribal monitor/consultant approved by the consulting tribe. The applicant shall promptly notify the Community Development Director to the discovery of resources. If the resources are Native American in origin, the consulting tribe shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the tribe will request preservation in place or recoveryfor educational purposes. At the direction of the qualified archaeologist and tribal monitor/consultant, and in coordination with the Community Development Department, work may continue on other parts of the affected site while evaluation and, if necessary, additional protective measures are completed at the affected portion of the site pursuant to State CEQA Guidelines §15064.5(f). If a resource is determined by the qualified archaeologist to constitute a "historical resource" or "unique October2021 46 City of Menifee 2021-2029 Housing Element Update Findingsof Fact archaeological resource," time and funding to allow for sufficient implementation of avoidance measures must be made available. The treatment plan established for the resources shall be in accordance with State CEQA Guidelines §15064.5(f) for historical resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment upon identification of unique archeological resources (Public Resources Code §21083.2(b)). If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. All tribal cultural resources shall be returned to the consulting tribe. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the San Diego Archeological Center. Acceptance and curation of the historic archeological materials will be at the discretion of the institution. If no institution accepts the archaeological material, they shall be offered to the consulting tribe for educational purposes. MM TCR-2: Consultation with the Soboba Tribe of Luiseno Indians and Pechanga Band of Luiseno Indians. Consultation with the Soboba Tribe of Luiseno Indians and Pechanga Band of Luiseno Indians should be requested during the permitting and development of future housing units facilitated by the Project. Future applicants should also include a Soboba Band of Luiseno Indians and Pechanga Band of Luiseno Indians Native American Monitor to be present during any ground disturbing proceedings, including surveys and archaeological testing. As well, the future applicants conduct proper procedures when encountering tribal cultural resources of the Soboba Tribe of Luiseno Indians. Cultural Items (Artifacts). Future applicants should agree to return all Native American ceremonial items and items of cultural patrimony that may be found on the project site to the tribal monitor for appropriate treatment. If found to be of significance to the Soboba Tribe of Luiseno Indians or the Pechanga Band of Luiseno Indians, the tribes request the return of all other cultural items (artifacts) that are recovered during the course of archaeological investigations. Where appropriate and agreed upon in advance, the archeologist of the future applicant may conduct analyses of certain artifact classes if required by CEQA, Section 106 of National Historic Preservation Act, the mitigation measures or conditions of approval for the Project. This may include but is not limited or restricted to include shell, bone, ceramic, stone or other artifacts. Future applicants should also waive any and all claims to ownership of Native American ceremonial and cultural artifacts that maybe found on the Project site. Upon completion of authorized and mandatory archeological analysis, the future applicants should return said artifacts tothe Soboba Band, Pechanga Band, or relevant Native American Tribe within a reasonable time period agreed to by the parties and not to exceed (30) days from the initial recovery of the items. October 2021 47 City of Menifee 2021-2029 Housing Element Findingsof Fact Treatment and ❑isposition of Remains. The Soboba Band and Pechanga Band shall be allowed, under California Public Resources Code § 5097.98 (a), to (1) inspect the site of the discovery and (2) make determinations as to how the human remains and grave goods shall be treated and disposed of with appropriate dignity. The Soboba Band or Pechanga Band, as Most Likely Descendent (MLD), shall complete its inspection within twenty-four (24) hours of receiving notification from either the Developer or the NAHC, as required by California Public Resources Code § 5097.98 (a). Future applicants and the applicable tribe should discuss in good faith what constitutes "appropriate dignity" as that term is used in the applicable statutes. Reburial of human remains shall be accomplished in compliance with the California Public Resources Code § 5097.98 (a) and (b). The Soboba Band or Pechanga Band, as the MLD in consultation with the future applicants, shall make the final discretionary determination regarding the appropriate disposition and treatment of human remains. All parties are aware that the Soboba Band or Pechanga Band may wishto rebury the human remains and associated ceremonial and cultural items (artifacts) on or near, the site of their discovery, in an area thatshall not be subjectto future subsurface disturbances. The future applicants should accommodate on -site reburial in a location mutually agreed upon by the Parties. The term "human remains" encompasses more than human bones because the tribal traditions periodically necessitated the ceremonial burning of human remains. Gravegoods are those artifacts associated with any human remains. These items, and other funerary remnants and their ashes areto be treated in the same manner as human bone fragments or bones that remain intact. Cultural Context. Future applicants for housing development would not only be required to protect individual cultural resources, but also the cultural context of the resource through the surrounding area in keeping with the California Office of Planning and Research's AB52 and Tribal Cultural Resources in CEQA Technical Advisory definition of Tribal Cultural Resources. This includes sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a tribe that are listed or determined eligible for listing, in the national or state register of historic resources, or listed in a local register of historic resources. This also includes additional resources identified as having cultural value at the discretion of the lead agencywith tribal consultation. The protection of the resource should allow for the protection of the resources character, integrity, traditional use, and confidentiality of the resources. MM TCR-3: Compliance with AB 168. When future housing development on a Housing Element Inventory site is eligible for streamlined ministerial review as provided in State law, S635, the City shall, in compliance with AB 168, provide formal notice to each California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development and engage in a scoping consultation regarding the potential effects the proposed development could have on a potential tribal cultural resource. Tribal October 2021 48 City of Menifee 2021-2029 Housing Element U Fi nd i ngs of Fact consultation shall occur within 30 calendar days of a tribe's acceptance of their invitation to consultation. A project would be ineligible for the streamlined, ministerial approval process described above, and thereby subject to CEQA, if (A) the site of the proposed development is a tribal cultural resource that is on a national, state, tribal, or local historic register list, (B) the City and the California Native American tribe do not agree that no potential tribal cultural resource would be affected by the proposed development, or (C) the City and California Native American tribe find that a potential tribal cultural resource could be affected by the proposed development and the parties do not document an enforceable agreement regarding the methods, measures, and conditions for treatment of those tribal cultural resources, as provided. If the proposed development is not eligible for streamlined, ministerial approval because the parties do not agree that a potential tribal cultural resource would be affected or do not document an enforceable agreement regarding methods, measures, and conditions for tribal cultural resource treatment, the City will provide written documentation of that fact to the development proponent and to any California Native American tribe that is a party to that scoping consultation, as provided. The City is required to notify a California Native American tribe if the development or environmental setting substantially changes after the completion of the scoping consultation, and would require the local government to engage in a subsequent scoping consultation if requested by the California Native American tribe. 5.19 Utilities No impacts were concluded to be significant. 5.20 Wildfire No impacts were concluded to be significant. 6.0 FINDINGS REGARDING GROWTH INDUCING IMPACTS CECIAGuidelines Section 15126.2(d) requires that an EIR: "Discuss the ways in which the proposed project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment." Finding —The Cityadopts CEC►IA Finding 1. The City hereby finds that the Project does not directly result in any significant growth -inducing impacts. The Project involves the creation of opportunities for the expansion of the City's housing stock as well as October2021 49 City of Menifee 2021-2029 Housing Element Update Findingsof Fact regulatory updates to other portions of the Menifee GP. These updates could potentially lead to moderate population increases. However, these project components are required by State law and are intended to address the growing housing crisis in California and confront the growing effects of climate change and social inequality. Supportive Evidence —Please referto Draft PEIR pages 5-4 through 5-7. 7.0 FINDINGS REGARDING PROJECT ALTERNATIVES The following alternatives were addressed inthe Draft PEIR: 1) The No Project Alternative 2) EDC—McCallAlternative Site 3) Other Parcels Considered Alternative 7.1 No Project Alternative Description: The No Project Alternative is a required component of the environmental analysis of project as dictated by State CEQA Guidelines §15126.6(e). This alternative assumes that the HEU project is not implemented and that no change from current conditions occurs. The No Project Alternative assumes that the 6,609 DUs required to meet the 6th Cycle RHNA allocation would not be developed as well as the additional DUs included in the Project. Selection of this Alternative is a scenario where the City would not update its Housing Element and would not meet the City's RHNA obligations required by State law. The No Project Alternative fails to meet the City's housing goals and the Project's stated objective to meet the applicable State law requirements and gain certification of an updated Housing Element. Finding —The City adopts Finding 3. The City finds that specific economic, legal, social, technological, or other considerations make this alternative infeasible. This alternative would directly conflict with California Government Code §65583, which stipulates that a jurisdiction must assess its housing element every eight years and identify adequate sites for housing and provide for the existing and projected needs of all economic segments of the community. Supporting Evidence —Please see Draft PEIR Pages 6-3 through 6-10. 7.2 EDC — McCall Alternative Site Description: The EDC— McCall Alternative (Alternative No. 2) considers 4 alternate parcels that could be utilized in the eventthat one or more of the very low/low-income sites/parcels identified inthe Candidate Housing Sites Inventory, as provided in Appendix A, are not feasible. Alternative No. 2 provides additional sites that can help meet the 6th Cycle RHNA required housing allocation. Selection of this alternative is a scenario where the City would update its Housing Element and would meet the City's RHNA obligat ions required by state law. The 4 parcels considered under this alternative are as follows: APNs: 336020002, 336020003, 333040011, and 333040012. Finding —The Cityadopts Finding 3. October2021 50 City of Menifee 2021-2029 Housing Element Update Findingsof Fact The City finds that specific economic, legal, social, technological, or other considerations make this alternative infeasible. The EDC — McCall Alternative would help satisfythe City's housing goals and the project objective to update the Housing Element and gain certification from the State in accordance with State law. However, the EDC — McCall Alternative would not attain any of the project objectives on its own but would assistthe overall Project which is to meet the 6th Cycle RHNAallocation. Supporting Evidence—PleaseseeDraftPEIRPages 6-10 through 6-17. 7.3 Other Parcels Considered Alternative Description: The Other Parcels Considered Alternative (Alternative No. 3) considers 4 alternate parcels that could be utilized in the event that one or more of the parcels identified in the Candidate Housing Sites Inventory, as provided in Appendix A, are not feasible for development. Alternative No. 3 provides additional sites that can help meet the 6th Cycle RHNA required housing allocation. Selection of this Alternative is a scenario where the City would update its Housing Element and would meet the City's RHNA obligations required by State law. The 4 parcels considered under this alternative are as follows: APNs: 335080008, 335080009, 372140009, and 372200026.These parcels are dispersed throughout the City, but mainly located in residential areas. All four parcels are vacant, previously disturbed and do not show signs of hosting native habitat or other environmentally sensitive features. Finding —The Cityadopts Finding 3. The City finds that specific economic, legal, social, technological, or other considerations make this alternative infeasible. The Other Parcels Considered Alternative would help satisfythe City's housing goals and the project objective to update the Housing Element and gain certification from the State in accordance with State law. However, the Other Parcels Considered Alternative would not attain any of the project objectives on its own but would assist the overall Project which is to meet the 6th Cycle RHNA allocation. Supporting Evidence —Please see Draft PEIR Pages 6-17 through 624. 8.0 FINDINGS REGARDING THE MITIGATION MONITORING AND REPORTING PROGRAM Section 21081.6 of the Public Resources Code requires that when making findings required by Section 21081(a) of the Public Resources Code, the Lead Agency approving a project shall adopt a reporting or monitoring program for the changes tothe project which it has adopted or made a condition of project approval, in order to ensure compliance with project implementation and to mitigate or avoid significant effects on the environment. The City hereby finds that: 1) A Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the Project, and the mitigation measures therein. The MMRP is incorporated herein by reference and is considered part of the record of proceedings for the Project. 2) The MMRP designates responsibility for implementation and monitoring of proposed mitigation measures. The City's Community Development Director will serve as the overall October2021 51 City of Menifee 2021-2029 Housing Element Update Findingsof Fact MMRP coordinator and will be primarily responsible for ensuring that all mitigation measures are complied with. 3) The MMRP prepared for the Project has been adopted concurrently with these Findings. The MMRP meets the requirements of Section 21021.6 of the Public Resources Code. The City will use the MMRPtotrack compliance with mitigation measures. The MMRP will remain available for public review during the compliance period. 9.0 OTHER FINDINGS The City hereby finds as follows: 1) The foregoing statements are true and correct; 2) The City is the "Lead Agency" for the Project evaluated in the CEQA Documents and independently reviewed and analyzed in the Draft PEIR and Final PEIR for the Project; 3) The Notice of Preparation of the Draft PEIR was circulated for public review. It requestedthat responsible agencies respond as to the scope and content of the environmental information germane to that agency's specific responsibilities; 4) The public review period for the Draft PEIR was for 45 days between June 25, 2021 and August9, 2021. The Draft PEIR and appendices were available for public review during that time. A Notice of Completion and copies of the Draft PEIR were sent tothe State Clearinghouse, and notices of availability of the Draft PEIR were published by the City. The Draft PEIR was available for review on the City's website. Physical copies of the environmental documents are available atthe Cityof Menifee Community Development Department and Sun City Library; 5) The CEQA Documents were completed in compliance with CEQA; 6) The CEQA Documents reflect the City's independent judgment; 7) The City evaluated comments on environmental issues received from persons who reviewed the Draft PEIR. In accordance with CEQA, the City prepared written responses describing the disposition of significant environmental issues raised. The Final PEIR provided adequate, good faith and reasoned responses tothe comments. The City reviewed the comments received and responses thereto and has determined that neitherthe comments received northe responses to such comments add significant new information to the Draft PEIR regarding adverse environmental impacts. The City has based its actions on full appraisal of all viewpoints, including all comments received up to the date of adoption of these Findings, concerning the environmental impacts identified and analyzed in the Final PEIR. 8) The City finds that the CEQA Documents, as amended, provide objective information to assist the decision -makers and the public at large in their consideration of the environmental consequences of the Project. The public review period provided all interested jurisdictions, agencies, private organizations, and individuals the opportunity to submit all comments made during the public review period; October 2021 52 City of Menifee 2021-2029 Housing Element Update Findines of Fact 9) The CEQA Documents evaluated the following impacts: (1) aesthetics; (2) agriculture and forestry; (3) air quality; (4) biological resources; (5) cultural resources; (6) energy; (7) geology and soils; (8) greenhouse gas emissions; (9) hazards and hazardous materials; (10) hydrology and water quality; (11) land use and planning; (12) mineral resources; (13) noise; (14) population and housing; (15) public services; (16) recreation; (17) transportation and circulation; (18) tribal cultural resources; (19) utilities and service systems; (20) wildfire. Additionally, the CEQA Documents considered, in separate sections, significant irreversible environmental changes and growth -inducing impacts of the Project, as well as a reasonable range of project alternatives. All of the significant environmental impacts of the Project were identified in the CEQA Documents; 10) The MMRP includes all of the mitigation measures identified in the CEQA Documents and has been designed to ensure compliance during implementation of the Project. The MMRP provides the steps necessaryto ensure that the mitigation measures are fully enforceable; 11) The MMRP designates responsibility and anticipated timing for the implementation of mitigation; the City's Community Development Director will serve as the MMRP Coordinator; 12) In determining whether the Project may have a significant impact on the environment, and in adopting these Findings pursuant to Section 21081 of CEQA, the City has complied with CEQA Sections 21081.5 and 21082.2; 13) The impacts ofthe Project have been analyzed tothe extent feasible atthe time of certification of the CEQA Documents; 14) The City made no decisions related to approval of the Project prior to the initial recommendation of certification of the CEQA Documents. The City also did not commit to a definite course of action with respect to the Project prior to the initial consideration of the CEQA Documents. 15) Copies of all the documents incorporated by reference in the CEQA Documents are and have been available upon request at all times at the offices of the City of Menifee Community Development Department, the custodian of record for such documents or other materials; 16) The res ponses to t he comments on the Draft PEIR, which are contained in the Final PEIR, clarify and amplify the analysis in the Draft PEIR; 17) Having reviewed the information contained in the CEQA Documents and in the administrative record, the City finds that there is no new significant information regarding adverse environmental impacts of the Project in the Final PEIR; and 18) Having received, reviewed and considered all information in the CEQA Documents, as well as all other information in the record of proceedings on this matter, these Findings are hereby adopted by the Cityin its capacityas the CEQA Lead Agency. October 2021 53 City of Menifee 2021-2029 Housing Element Update This page intentionally left blank. Findin¢sof Fact October2021 54 City of Menifee 2021-2029 Housing Element Update Purpose of Mitigation Monitoring And Reporting Program Final Environmental Impact Report The California Environmental Quality Act (CEQA) requires that all public agencies establish monitoring and/or reporting procedures for mitigation adopted as conditions of approval in orderto mitigate or avoid significant environmental impacts. This Mitigation Monitoring and Reporting Program (MMRP) has been developed to provide a vehicle by which to monitor mitigation measures (MMs) outlined in the City of Menifee 6th Cycle Housing Element Update Program Environmental Impact Report (PEIR). The City of Menifee 6th Cycle Housing Element Update MMRP has been prepared in conformance with Public Resources Code §21081.6 and City of Menifee (City) monitoring requirements. Specifically, Public Resources Code §21081.6 states: (a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply: (1) The public agency shall adopt a reporting or 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. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program. (2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. State CEQA Guidelines §15097 provides clarification of mitigation monitoring and reporting requirements and guidance to local lead agencies on implementing strategies. The reporting or monitoring program must be designed to ensure compliance during project implementation. The City of Menifee is the Lead Agency for the City of Menifee 6th Cycle Housing Element Update and is therefore responsible for ensuring MMRP implementation. The MMRP has been drafted to meet Public Resources Code §21081.6 requirements as a fully enforceable monitoring program. The MMRP is comprised of the Mitigation Program and includes measures to implement and monitor the Mitigation Program. The MMRP defines the following for each MM: Definition of Mitigation. The Mitigation Measure contains the criteria for mitigation, either in the form of adherence to certain adopted regulations or identification of the steps to be taken in mitigation. Responsible Party or Designated Representative. Unless otherwise indicated, the City is the lead agency and would be the responsible party for implementing the mitigation and may assign responsibility for implementation or monitoring to appropriate designees such as a construction manager or third -party monitor. However, as the lead agency, the City remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with this Program. August 2021 1 Mitigation Monitoring and Reporting Program City of Menifee 2021-2029 Housing Element Update Final Environmental Impact Report In some cases, the City is required to secure permits or approvals from third -party agencies in order to implement a mitigation measure. In these cases, the City is responsible for verifying that such permits or approvals have been obtained in accordance with the conditions stipulated in the mitigation measure. The City's existing planning, engineering, operations, and procurement review and inspection processes will be used as the basic foundation for the Program procedures and will also serve to provide the documentation for the reporting program. Time Frame. In each case, a time frame is provided for performance of the mitigation or the review of evidence that mitigation has taken place. The performance points selected are designed to ensure that impact -related components of project implementation do not proceed without establishing that the mitigation is implemented or ensured. All activities are subject to the approval of all required permits from agencies with permitting authority over the specific activity. The numbering system in the table corresponds with the PEIR's numbering system. The MMRP table "Verification" column will be used by the parties responsible for documenting when the mitigation measure has been completed. The City will complete ongoing documentation and mitigation compliance monitoring. The completed MMRP and supplemental documents will be kept on file at the City of Menifee Community Development Department. Definitions AQ....................Air Quality BIO ....................Biological Resources BMP..................Best Management Practices CEQA ................California Environmental Quality Act City...................City of Menifee CUL................... Cultural Resources GEO ..................Geology and Soils HCOC................Hydrologic Conditions of Concern HYD................... Hydrology and Water Quality MILD ..................Most Likely Descendent MM...................Mitigation Measure MMRP ..............Mitigation Monitoring and Prevention Plan NAHC................National American Heritage Commission NHPA................National Historic Preservation Act NPDES...............National Pollutant Discharge Elimination PEIR..................Program Environmental Impact Report August 2021 2 Mitigation Monitoring and Reporting Program City of Menifee 2021-2029 Housing Element Update Project..............City of Menifee 61h Cycle Housing Element Update Project SARWQCB......... Santa Ana Regional Water Quality Control Board SCAQMD........... South Coast Air Quality Management District SMARTS ............ 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E a ou k 2 7 / / J u § tn/ E ! ± a y \ 7 M c 011) 4-1 g 2 a) [ / k ® § F 3 = _ _ c » ; o ` O / > § ` \ 2 _ = c k k / CL \ e 0 5 - aj ; c c c /kk -\@7 % : � m / / ! 3 n e ( t =c ' ©®5 \ w k\: 0 c 0 \ \k 0 LA a C Lao \§ E E I City of Menifee 2021-2029 Housing Element Update Final Environmental Impact Report Measures (MMs) Implementation Monitoring/ReportingMitigation •. Timing MethodsA Approval/Monitoring Date Initials the time of collection may also warrant curation at the discretion of the Project Paleontologist. Field collection and preparation of fossil specimens shall be performed by the Project Paleontologist with further preparation as needed by an accredited museum repository institution at the time of curation. Final Paleontological Monitoring and Compliance Report. Upon completion of ground disturbing activities (and curation of fossils, if necessary) the Project Paleontologist shall prepare a Final Paleontological Monitoring and Compliance Report outlining the results of the Paleontological Monitoring and Compliance Program. The report shall be provided to the City and shall include discussion of the location, duration, and methods of the monitoring, stratigraphic sections, any recovered fossils, and the scientific significance of those fossils, and where fossils were curated. Greenhouse Gas MM GHG-1: Applications for future development Prior to permit Development City of Menifee consistent with the Project, where the City has approvals. applications. determined a potential for impacts from greenhouse gas emissions, shall be required to comply with the following mitigation framework: Project applicants for future residential projects must integrate green building measures consistent with the California Building Code, and therefore must: August 2021 12 Mitigation Monitoring and Reporting Program al v 0 u E 12 to 0 a 00 c 0 a ar z v c m oa c 0 Y_ c C0 L 0 Y c cz CY C a a a Ln Y! C a Ln w 0 a Z "' a ar L L 7 vl C N o C-0 Y E L Y E aj "' p D c O Q YO > c o aJ u a) 2 v u U OD O 'C y O Q 3 >. 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Q fB 7 E a`o 0 a` m c `o a Iz v Ico co c `o a� r 0 2 c 0 'a+ 0� 0 N � _ 6§ 3ƒ $ 2 f =§ _ k k 2 _ W 0cu 8 :` »__{ \ e k§` a= 6 u& s _ s 0 E k o = 2 2§ o\ f = o 4 U \ § W• 7=:° o m e@ 4 § o§ W 5 0 k E u§ u e = E u % ; @ _ t` 5§ `_ I® a % W 0# / / / ) < k ® { D \ E R 5 § { \ \ / » m 2 ® % •/ u a 5 — S C t a o \ = % 2 � / { E o 2 % m t 2 / — = ) g 2 § \ \ 2 r \ } £ \ \ / 2 ) t } § / 2 f \ § 2 C \ 8 5 2 \ /}± E { u 0§ E � , • _ a 3 _ ; e / o a; e 7\ m £ 8 / 2 2�& a c } \\ 2 fu 2— ®a f ° \ ) o o 5 § c E ƒ o ; \) k § # m § < — a / _ i }_� e/ \° o f o E§ j 2 Ix / e E t _ » ` = 2 _ § ; — e 0 -0 \ / \ 3\ § \ f\ o§ 2 r e S / 7 m= = a® y ; §. = 2 = _ _ ° ' / f w \ ( u 0 k \ � 2 / m } / § E g \ / \ \ ; ƒ ° § g 3 — 2 «§) 3;± E% = 2={ o=!© 7{ 0 e o ro 2 j q/ t m 3 = e /; s s G_, c% a a= /# a ®_ ;; a £ y E± E E/ s 3 r@ k u 3 a o s a g 9 =§ 7 2 k= S 3 \ / 7 r « \ G 2 2 u f © 2;® ° ° \ \ = 7 e 7 c 3 0) < 3 # ; a 2 § / / w to k ) / \ I cu £ bl $ 2 $ c i r § \ / \ § 0 { \ \ f " } e E $ w m $ 2 $ c o : : a > ® { m 0 ; ± ® ; . E § ju -0 / % 3 & ` C� ° m ± 7 -0U k ~ = o e a % k � = § e \ CF k \ \ \ m � % tg In } § \ \ \ f § \ k ƒ to � § k ) § \ 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. PC21-553 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 10 day of November 2021 by the following vote: Ayes: LaDue, Madrid, Thomas, White, Diederich Noes: None Absent: None Abstain: None Deputy City Clerk