PC22-572RESOLUTTON NO. PC 22-572
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA RECOMMENDING CITY COUNCIL
CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT (SCH#
20210602471 FOR THE MENIFEE COMMERCE CENTER PROJECT,
MAKING CERTAIN FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM
WHEREAS, on January 7, 2019, the applicant, Motte Town Center One, LLC,
filed a formal application with the City of Menifee for the approval of Specific Plan
Amendment No. 2019-006 (fourth amendment to the Menifee North Specific Plan) to
modify the boundary of the Menifee North Specific Plan to include APN 331-140-010,
331-140-018, 331-140-021 and 331-'110-027 within Planning Area 2 and to provide
technical corrections, and Plot Plan No. 2019-005 for the construction of two concrete
tilt-up industrial buildings for a total square footage of 1,325,063 square feet on
approximately 69.7 net acres located east of Trumble Road, west of Dawson Avenue,
south of Ethanac Road, and north of McLaughlin Road; and,
WHEREAS, on September 25, 2019, the Poect applicant changed from Motte
Town Center One, LLC to Cores lndustrial Partners, LLC, represented by Jon Kelly; and
WHEREAS, on March 10, 2021 , the Project applicant filed a formal application
for the approval of General Plan Amendment No. PLN2"|-0100 and Change of Zone No.
PLN21-0101 to change APN 331-140-021 and 331-110-027 from Heavy lndustrial (Hl) to
Specific Plan (SP) and 331-140-021 and 331-140-018 from Business Park (BP) to
Specific Plan (SP). The Project site area increased from 69.7 net acres to 72.12 nel
acres by incorporating two additional parcels. The total building square footage
increased to 1 ,640,130 square feet; and
WHEREAS, on May 26, 2021, lhe Project applicant filed a formal application for
theapproval of Tentative Parcel Map No. 38156 (PLN21-0205) to combine (APNs 331-
140- 010, 331-140-018, 331-140-021, and 331-140-025) into one parcel for a total of 56
grossacres and a proposal to combine (APNs 331-1 10-035,331-'110-027, and 331-1 10-
041 ) into one parcel for a total o'f 21.79 gross acres; and
WHEREAS, collectively, all the applications are referred to as the "Project" or
"Menifee Commerce Center"; and
WHEREAS, on June 11 , 2021 , the City of Menifee publiciy noticed its decision to
prepare an environmental impact report (ElR) for the Project by noticing the State
Clearinghouse, and other agencies in compliance with Section 15082 of the California
Environmental Quality Act (CEQA) guidelines, and surrounding property owners within a
300joot radius from the Project site boundaries; and
WHEREAS, on June 29, 2021, the City of Menifee held a duly noticed public
scoping meeting regarding the preparation of the EIR to discuss and hear from the
public on the potential environmental impacts, which meeting was publicly noticed in
compliance with Section 15082 of the CEQA guidelines, and surrounding property
owners within a 300 foot radius from the Project site boundaries; and
WHEREAS, between June 7 , 2022 and July 21 , 2022, the City complied with the
State-mandated forty-five day public review period for the Menifee Commerce Center
Draft EIR ("Draft ElR") took effect, which was publicly noticed in accordance with Section
15087 of the CEQA guidelines and mailed to surrounding prope(y owners and non-
owner residents within 300 feet of the Project site. A copy of the Draft EIR was sent to
the State Clearinghouse (SCH# 2021060247), and a copy ofthe Draft EIR was placed at
the City Hall public counter, Menifee Library and Sun City Library; and
WHEREAS, during the public review period, comments on the Draft EIR were
received from the Riverside Transit Agency, California Department of Fish and Wildlife,
Blum Collins & Ho, LLP Attorneys at Law, Adams Broadwell Joseph & Cardozo,
Advocates for the Environment, City of Perris, Peggy Tuttle, Linda Jones, and Adam
Salcido; and
WHEREAS, the Final EIR ("Final ElR"), consisting of comments received during
the forth{ive day public review and comment period on the Draft ElR, written responses
to those comments, and revisions and errata to the Draft ElR, was submitted with the
inclusion of a Statement of Overriding Consideration and a Mitigation Monitoring and
Reporting Program for the Planning Commissions consideration. For the purposes of
this Resolution, the Final EIR shall refer to the Draft ElR, as revised by the Final EIR's
errata section together with the other sections of the Final EIR; 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
EIR which would require re-circulation; and
WHEREAS, the Draft EIR for the Project, dated June 2022, and Final EIR for the
Project, dated August 2022 provides an assessment of the environmental impacts
associated with the Project and has been prepared in accordance with the california
Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA"), and
state regulations in Title 14 of the california code of Regulations, section 15000 et seq.
("CEQA Guidelines"); and
WHEREAS, on September 28, 2022, 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 Proiect ElR, which hearing was publicly noticed by a
publrcation in Ihe Press Enterpise, a newspaper of general circulation, an agenda
posting, notices placed on the project stte, 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 Project ElR, has found
that the Final Project 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 oEQA Guidelines, that the city shall not approve a
project that has significant effects on the environment unless there is no feasible way to
iesien or avoid the significant effects and that the benefits of approving the proiect
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 Commisston has reviewed the attached CEQA
Findings and of Fact and Statement of Overriding Considerations; and
WHEREAS, prior to recommending action on the Project, the Planning
Commision has considered all significant impacts, mitigation measures, and project
alternatives identified in the ElR, 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:
Section l: Recitals. The Recitals above are true and correct, based on substantial
evidence in the record.
reference.
including the Final ElR, and incorporated herein by this
Section 2: Certification of ElR. Based on its review and consideration of the Final EIR
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 Project EIR has been completed in
compliance with CEQA and the State and local CEQA Guidelines. The Planning
Commission recommends the City Council finds that the Final Project EIR reflects the
City Council's independent judgment and analysis as lead agency under CEQA, and
adopt and certify the Final Proiect 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.
Section 3: CEQA Findings of Fact and Statement of overriding Considerations- -The
etanning Commission recommends the City Council adopt the CEQA Findings of Fact
and the Statement of Overriding Considerations attached as "Exhibit A," which exhibit is
incorporated herein as though set forth in full.
Section 5:Alternatives. The Final Project EIR has described all reasonable alternatives
to the Project that could feasibly obtain the basic ob.jectives of the Project, even when
those alternatives might impede the attainment of Project objectives and might be more
costly.
Section 6: Good Faith. A good faith effort has been made to seek out and incorporate
all points of view in the preparation of the Final Prolect EIR as indicated by the public
record for the Project and the Final Projecet ElR.
Section 7: Mitigation Plan Approval. Although the Final Project EIR identifies certain
significant environmental effects that would result from approval of the Project, certain
environmental effects can feasibly be avoided or mitigated and will be avoided or
mitigated by imposition of mitigation measures included in the Final Proiect EIR and the
Mitigation Monitoring and Reporting Program. Pursuant to Public Resources Code
section 21081 and CEQA Guidelines section 15097, the Pianning Commission
recommends the City Council adopt and approve the Mitigation Monitoring and
Reporting Program attached hereto as Exhibit "B," which is incorporated herein by
reference as though set forth in full. The Planning Commission recommends the City
Council further find that the mitigation measures identified in the Final Project EIR are
feasible.
Section 8: No Significant New lnformation Added to Draft Project ElR. The information
provided in the various reports submitted in connection with the proposed Project and in
the responses to comments on the Draft Project ElR, the information added to the Final
Project ElR, and the evidence presented in written and oral testimony at public hearings
on the Project and the Draft Pro.lect ElR, do not constitute significant new information
that would require recirculation of the Draft Project EIR pursuant to Public Resources
Code section 21092.1 and CEQA Guidelines section 15088.5.
Section 9: 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 SS 6250 et seq.) during normal business hours.
Section 4: Significant lmpacts. The significant impacts of the Project under the
categories of Air Quality, and Greenhouse Gases have not been reduced to a level of
insignificance. The Planning Commission recommends the City Council finds that the
significant unavoidable adverse impacts of the Prqect are clearly outweighed by the
economic, social and other benefits of the Project, as set forth in the Findings of Fact
and Statement of Overriding Considerations.
Attest:
PASSED, APPROVED AND ADOPTED this the 28'h day of Septembet 2022.
David White,irman
alencia, Acting Deputy City Clerk
Approved as to form:
Thai , Assistant City Attorney
Da