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PC24-628RESOLUTION NO. PC 24-628 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA RECOMMENDING THE CITY COUNCIL ADOPT AN ADDENDUM TO THE PREVIOUSLY CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 1989100207) FOR MENIFEE NORTH SPECIFIC PLAN AMENDMENT NO.5 (PLN21-0276), TENTATIVE TRACT MAP NO.38132 (PLN21-0274) AND TENTATIVE TRACT MAP NO. 38133 (PLN21-0272) WHEREAS, on August 5, 2021, the applicant, Richland Ventures, Inc., filed a formal application with the City of Menifee for the approval of the Menifee North Specific Plan Amendment (SPA) No. 5 (PLN21-0276), Tentative Tract Map (TTM) No. 38132 (PLN21-0274) and TTM No. 38133 (PLN21-0272); and WHEREAS, the City is the Lead Agency under the California Environmental Quality Act (CEQA), Public Resources Code §§ 21000 et seq.; and WHEREAS, collectively, all the applications are referred to as the "Project"; and WHEREAS, the approval of the Project constitutes a discretionary approval, which is part of a "project" as that term is defined in CEQA Guidelines § 15378 and which itself requires review under CEQA; and WHEREAS, in December of 1994, the County certified a Final Environmental Impact Report (FEIR), Technical Studies, and Mitigation Monitoring and Reporting Plan (MMRP) (attached as Exhibit "B") (State Clearinghouse No. 1989100207) for the Menifee North Specific Plan No. 260 (SP 260) to analyze and mitigate the Project's potentially significant environmental impacts; and WHEREAS, a previous addendum was prepared and approved by Riverside County in 2004; and WHEREAS, in connection with the proposed Project, Addendum No. 2 to SP 260 FEIR (herein referred to as the "Addendum"), a copy of which is on file with the Community Development Department and attached as Exhibit "A", has been prepared pursuant to the provisions of Section 15164 of the CEQA Guidelines in order to determine whether any significant environmental impacts which were not identified in the SP 260 FEIR would result from the proposed Project or whether previously identified significant impacts would be substantially more severe in connection with the proposed Project; and WHEREAS, the Project was originally scheduled to be heard by the Planning Commission on February 14, 2024; and WHEREAS, on February 14, 2024 the Planning Commission voted to continue the Project to a future Planning Commission Hearing; and WHEREAS, on March 13, 2024, 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 Addendum to the SP 260 Final Environmental Impact Report (FEIR), which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, Menifee North SPA - EIR Addendum March 13, 2024 notices placed on the project site, notice to property owners and non -owner residents within 300 feet of the Project boundaries, notice to all relevant agencies and to persons requesting notification; and WHEREAS, the Planning Commission has carefully considered all of the comments received from the public as well as the information provided by City staff regarding environmental review. NOW, THEREFORE, the Planning Commission of the City of Menifee hereby recommends that the City Council make the following findings as established by CEQA: Section 1. That the Addendum was prepared for the proposed Project in compliance with the requirements of CEQA and the CEQA Guidelines. Section 2. That, based upon the evidence submitted and as demonstrated by the analysis included in the Addendum, none of the conditions described in Sections 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental Environmental Impact Report (EIR) or negative declaration have occurred; specifically: 1. There have not been any substantial changes in the Project that require major revisions of the SP 260 FEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. There have not been any substantial changes with respect to the circumstances under which the proposed Project is undertaken that require major revisions of the SP 260 FEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and 3. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the SP 260 FEIR was certified as complete and adopted, that shows any of the following: (a) The proposed Project will have one or more significant effects not discussed in the SP 260 FEIR; (b) Significant effects previously examined will be substantially more severe than shown in the SP 260 FEIR; (c) Mitigation measures or alternatives previously found not to be feasible would, in fact, be feasible and would substantially reduce one or more significant effects of the proposed Project, but the Project proponent declines to adopt the mitigation measures or alternatives; or (d) Mitigation measures or alternatives which are considerably different from those analyzed in the SP 260 FEIR would substantially reduce one or more significant effects on the environment, but the Project proponent declines to adopt the mitigation measures or alternatives. Section 3. In connection with the proposed Project and this Planning Commission's review of the Addendum to SP 260 FEIR, this Planning Commission has independently reviewed the Menifee North SPA - EIR Addendum March 13, 2024 Addendum and has exercised its independent judgment in making the findings and determinations set forth herein. Section 4. Pursuant to the above findings, this Planning Commission determines that the SP 260 FEIR, together with the Addendum, satisfy all of the requirements of CEQA and are adequate to serve as the required environmental documentation for the proposed Project and, therefore, hereby recommends City Council approval and adoption of the Addendum to the SP 260 FEIR for the proposed Project. PASSED, APPROVED AND ADOPTED this 13th day of March, 2024. AP t: a t � axv-2 a el Valencia, Administrative Assistant Approved as to form: Thai Phan, Assistant City Attorney TI-leff LaDue, Chairman Menifee North Specific Plan Amendment No. 5 Addendum to Environmental Impact Report No. 329 Lead Agency: City of Menifee Community Development Department 29844 Haun Road Menifee, California 92586 Prepared by: MIG, Inc 1650 Spruce Street, Suite 106 Riverside, California 92507 Addendum to the EIR December 18, 2023 This document is designed for double -sided printing - Table mContents 1Introduction -------............ _'--........... '� 1.1— Addendum Ano�o ----'—.--.—_-----'--_--.-----'—� `z— ....... ..... ... ' ........ . — — ........ .0 1.3— Conclusions ......... ... ..... .... —.... ............ ---- ' ——----- '—o 2 n x�— o zz— Lead Agency Name anm^odr°ss— ' — . ..... .... ........ ..............o 2.3— Contact Person and Phone Number ........... ............................ ......... ................... n 2.4— M°mfe°wvrth n 2.5— Menwmworth _----_------o 2.6— General Plan Land Use Designation .............. ...................................... .................. r 2.7— Zoning District ... .... '.... '.... ... ' '—' ' ' — — ---' ., 2.8— Environmental------------------_---'--'r 2�— r �m— ....................................................... ......................................... o x.11—Other Public Agency Whose Approval isRequired o `o*,rrnwm°" —_............................................................................................ 3.1— Environmental Categories Potentially Affected '............................................. —'10 3.2— oemrmination-----------------' -------------10 * Evaluation mEnvironmental Impacts ... ........ ...... ................................................................ 21 4.1— xesthetico------------.'' . ' ' —'— —'zx *2— n *o— *m m 4�— ---------s *o— Cultural Resources --'----_----_----------_—'^m *�— '.. — � ' — '^w 47— --- — .'......... .... ... ... ....... ..... ... ......... ^n 4.8— Greenhouse Gas Emissions .......................... ... .................................................. m 4�9— Hazards and Hazardous Materials 57 4.10— Hydrology and Water Quality. '.......... ..........................6u 4.11— Land Use and Planning ---'-- ' --n 4.1u—Mineral Resources —' —.—. . —... --_---' ' ' .— 'm 4�o— wmu -------------'�� —' .--'------.-- --.m 4�*— _.— ............ ---' --- —' —m 4.16— Public Services — .'---.' .... '...... — .00 4.18— Recreation -- �----- — — '--oo 4�o— ---.—. '--.— --- —oo 4.2—nibaC.ltumn°=.rces—_' — —' 'y* 4.21— Utilities and Service nystema_--' -- — — ---or 4.22— Wildfire ........................ --... ' ........... —.106 4.2—mondawrypmmngsmoignmcance 109 n*vplicamummoatio—--. ' ......... — -- ''... '........... onefeenceo-------' —.' ......... ... .................. .... ....... . --1m ou— List of ' ........... —. 119 uz— Persons and Organizations Consulted . ' . --. '120 6.3— Bibliography —'— 121 Memfee North Specific Plan Amendment No Table of Contents List of Tables Table 1 EIR No. 329 Approved Emissions from Construction Equipment ................................. 32 Table 2 EIR No. 329 Approved Operational Emissions...................................................... 32 Table 3 Emissions from Cumulative VMT............................................................................ 34 Table 4 Project Generated VMT............................................................................................ 91 Table 5 Project Effect on VMT.................................................................................................. 91 List of Exhibits Exhibit 1 Regional Context Map.................................................................................................9 Exhibit 2 Specific Plan Area Map..............................................................................................11 Exhibit 3 Tentative Tract Maps ..................... ..... ...................................................... _............. 13 Exhibit 4 Approved and Proposed Land Use Maps...................................................................17 Appendices Appendix A Environmental Impact Report No. 329 Appendix B Trip Generation, Air Quality, and Greenhouse Gas Supplemental Memorandum Appendix C Western Riverside County MSHCP Consistency Analyses Appendix D Cultural Resources Studies Appendix E Preliminary Geotechnical Evaluations Appendix F Phase I Environmental Site Assessments Appendix VMTAnalysis Appendix H Hydraulic Analysis Reports Appendix I Tribal Consultation Letters Addendum to EIR No 329 December 18, 2023 I Introduction This Addendum, its appendices, and related supporting environmental documents have been prepared to determine whether and to what extent the City of Menifee's ("City") Environmental Impact Report ("EIR No 329" or "PEIR", Clearinghouse No. 1989100207) prepared for the Menifee North Specific Plan (See Appendix A) remains sufficient to address the potential impacts of the proposed Menifee North Specific Plan Amendment No 5 ("proposed Project" or "Project"), or whether additional documentation (e.g., a subsequent EIR) is required under the California Environmental Quality Act ("CEQA") (Pub. Resources Code, Section 21000, et seq.). EIR No. 329 was approved for the Menifee North Specific Plan in March 1993 and concluded that all potentially significant impacts associated with the Specific Plan would be less than significant with incorporation of mitigation. A General Plan Amendment was requested and approved as part of the process for adoption of the Specific Plan in 1993 by the Riverside County Board of Supervisors (prior to City incorporation) The Specific Plan area included 1,439 acres and 2,990 dwelling units, 156 acres of business park use, 91 acres of commercial use, 197 acres industrial use, and 143 acres or parks and open space. The Specific Plan has been amended four times since the 1993 PEIR was approved; the most recent being in June 2020. The Project includes Tentative Tract Map ("TTM") 38132, TTM 38133, and Specific Plan Amendment No PLN21-0276. The City of Menifee is the Lead Agency for the proposed Project under CEQA. 1.1- Addendum Analysis This Addendum has been prepared pursuant to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162, 15164, and 15168(c) This Addendum evaluates the Project's potential environmental effects in light of those effects previously disclosed in EIR No 329 to determine whether any of the conditions described in Guidelines Section 15162 calling for subsequent CEQA review have occurred. EIR No 329 is available for review at the City's Community Development Department, 29844 Haun Road, Menifee, California 92586. CEQA Guidelines Section 15164(a) provides that the lead agency "shall prepare an addendum to a previously certified EIR if some changes or additions are necessarybut none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred " Subsection (c) further provides that an "addendum need not be circulated for public review but can be included in or attached to the final EIR," and subsection (e) states that a "brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included" in the addendum, the agency's findings, or elsewhere in the administrative record. CEQA Guidelines Section 15168(c)(2) provides that "if the agency finds that pursuant to Section 15162, no subsequent EIR will be required, the agency can approve the activity as being within the scope of the project covered by the Program EIR" and that "[w]hether a later activity is within the scope of a Program EIR is a factual question that the lead agency determines based on substantial evidence in the record." Subsection (c)(4) further provides that "[w]here the later activities involve site -specific operations, the agency should use a written checklist or similar device to document the evaluation of the site and the activity to determine whether the environmental effects of the operation were within the scope of the Program EIR." Finally, CEQA Guidelines Section 15162 (cross referenced by Sections 15164 and 15168) provides that (a) When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: Menifee North Specific Plan Amendment No 5 City of Menifee 1— Introduction (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects,' (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Per the above, this Addendum functions as both an "addendum" and a'*ritten checklist," as called for in CEQA Guidelines Sections 15164(a) and 15168(c)(4). As such, this Addendum analyzes the proposed Projecrs potential environmental effects in light of those effects disclosed in EIR No. 329 consistent with Guidelines Section 15162. As detailed in this Addendum, no further CEQA review is required for the proposed Project beyond EIR No 329 and this Addendum because (1) the Project will not have new or substantially more severe impacts than what was disclosed in EIR No. 329, (2) all applicable mitigation measures in EIR No. 329 will be incorporated into the Project's approval, and (3) the Project will not require any new mitigation measures. This Addendum and its supporting documents constitute substantial evidence supporting the conclusion that preparation of a supplemental or subsequent EIR or ND is not required prior to approval of the Project. 1.2 - Findings The proposed Project reflects minor changes and additions to the project described in the certified PER There are no substantial changes resulting from the proposed Project or in the circumstances in which the Project will be undertaken that require major revisions of EIR No 329. The proposed Project does not require preparation of a new subsequent or supplemental EIR, due to either the involvement of new significant environmental effects or a substantial increase in the severity of previously identified r CEQA Guidelines Section 15382 defines "significant effect on the environment" as " a substantial, or potentially substantial adverse change in any of the physical conditions within the area affected by the project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance " (see also Public Resources Code [PRC], Section 21068) Addendum to EIR No 329 December 18, 2023 f — Introduction significant effects. As illustrated herein, the proposed Project is consistent with EIR No. 329 and would involve only minor changes; therefore, an Addendum is appropriate CEQA compliance for the proposed Project. 1.3 - Conclusions The City of Menifee may approve the proposed Project based on this Addendum. The impacts of the proposed Project remain within the impacts previously analyzed in EIR No. 329 (CEQA Guidelines Section 15164). The proposed Project does not require any major revisions to EIR No. 329 No new significant information or changes in circumstances surrounding the proposed Project have occurred since the certification of EIR No 329. Therefore, the previous CEQA analyses completed for the certified PER remain adequate. The applicable mitigation measures and/or conditions of approval from EIR No. 329 would be imposed on the proposed Project as described herein Menifee North Specific Plan Amendment No 5 City of Menifee I - Introduction This Page Intentionally Left Blank. Addendum to EIR No. 329 December 18, 2023 2 Project Description 2.1- Project Title Menifee North Specific Plan Amendment No. 5 2.2 - Lead Agency Name and Address City of Menifee Community Development Department 29844 Haun Road Menifee, California 92586 2.3 - Contact Person and Phone Number Brandon Cleary, Associate Planner 951-723-3761 2.4 - Menifee North Specific Plan Area and Location The City of Menifee is located in western Riverside County, approximately 30 miles southeast of the City of R.vers,de, and is bound by Perris to the north, Canyon Lake and Lake Elsinore to the west, Wildomar and Murrieta to the south, and the community of Winchester to the east (See Exhibit 1, Regional Context Map) The Menifee North Specific Plan area is located in the northeastern portion of Menifee Valley, just one mile east of Sun City (See Exhibit 2. Specific Plan Area Map), in the City of Menifee. Riverside County. California. The Planning Area is located immediately east of Interstate 215 (1-215) and approximately 4 miles west of Diamond Valley Lake. Tract 38132. which is within Planning Area 9 (PA-9) of the of the Specific Plan area, is located at the northeast comer of Palomar Road and Cider Street (APNs 329-100-003 8, 329-100.010) and Trait 38133. which is within PA-22 and PA-23A of the Specific Plan area, is located at the southwest comer of Watson Road and Malone Avenue (APNs: 327-3230-001, 327-320.014, 327-320-015.327-320-017, & 327-320-018) (See Exhibit 3, Tentative Tract Maps). • Cross Streets: Palomar Road and Cider Street/ Watson Road and Malone Avenue • Latitude 33" 44' 53.18" North, Longitude 117' 09' 38.28" West/ Latitude 33' 44' 52 92" North, Longitude 117' 08' 23.78" West • APNs: 327-320-001, 327-320-014, 327-320-015, 327-320-017, 327-320-018, 329-100-003, & 329-100-010 2.5 - Menifee North Specific Plan Background In 1993, the County of Riverside Board of Supervisors approved the Menifee North Specific Plan No 260 and certified its' Environmental Impact Report ("EIR No 329" or "PEIR"). The adopted Specific Plan provided for the development of 2,390 residential units on 1,635.3 acres between the communities of Homeland and Romoland in southwestern Riverside County. The adopted Specific Plan also included areas with Commercial, Business Park, and Commercial/Business Park uses. EIR No 329 was intended to serve as the Master Environmental Document for the Menifee North Specific Plan and all subsequent development projects undertaken pursuant to and within the Specific Plan boundaries EIR Menifee North Specific Plan Amendment No 5 5 City of Menifee 2 — Project Description No 329 analyzed 2,654 dwelling units, although the plan was approved for only 2,390 units To date, the Specific Plan has been amended four times as described below. • Amendment No. 1: In 2004, Amendment No 1 and its accompanying Addendum was approved by the County of Riverside, which increased the number of residential units to 2,602 and deleted Planning Area 1, which was originally designated for 18 acres of Commercial/Business Park use, to reflect its annexation into the City of Perris A portion of commercial land uses were eliminated to allow for additional residential and Planning Area 32 was re -designated Medium High Density Residential from Medium Density Residential. • Amendment No. 2: In 2008, Amendment No. 2 and Environmental Assessment No 40275 was approved by the County of Riverside Amendment No. 2 reduced the Specific Plan acreage by approximately 30 acres (from 1.635.3 acres to 1,604.6 acres), increased the number of residential units by 213 units (from 2.602 to 2.815), modified the Land Use Designations and unit counts in Planning Areas 7, 8, 10, 20, 23, and 48, and modified the Circulation Plan to reflect the Circulation Element of the Riverside County General Plan adopted in 2003. The City of Menifee was also incorporated in 2008 and establishment of the City's boundary at Briggs Road resulted in the approximately 775-acre portion of the adopted Specific Plan, west of Briggs Road, remaining within the City's jurisdiction. • Substantial Conformance No. 1: In January 2016. Substantial Conformance No 1 to Amendment No 2 (SP260A2-SC1) was approved by the Riverside County Board of Supervisors to modify the Specific Plan boundary and removed all areas west of Briggs Road from the Menifee North Specific Plan. The revised limits of the Menifee North Specific Plan were reduced to approximately 829 2 acres east of Briggs Road, west of Juniper Flats Road, south of Alicante Drive, and north of Matthews Road, continuing to allow for a wide range of land uses including 2,025 residential units. The balance of 816.2 acres and 889 residential dwelling units resided within the City of Menifee • Substantial Conformance No. 2: On March 17, 2020, Substantial Conformance No. 2 to the Menifee North Specific Plan (SP260A2-SC2) was adopted to modify Planning Areas 24, 25, 26 and 28 boundaries, acreages, and residential dwelling unit counts to reflect approved Tentative Tract Map No 29322 and proposed Tentative Tract Map No 37533, which were processed concurrently SP260A2-SC2 maintained the approved maximum of 2,025 residential units permitted on 829.2 acres, and reduced the minimum lot sizes within Planning Area 25 from 6.000 square feet to 3.500 square feet; re -allocated 22 dwelling units from Planning Areas 26 and 28 (TTM 29322) to Planning Areas 24 and 25 (10 dwelling units and 12 dwelling units respectively) to be consistent with TTM 37533; revised the locations of the water quality basins and mini -park sites within Planning Areas 24, 25, 26, and 28; and reduced the overall acreage of major roads within the overall SP area from 77.1 acres to 74 8 acres in the Specific Plan text and graphics. SP260A2-SC2 also included a technical correction for the land use designations of Planning Areas 26 and 28, from "Medium -High Density Residential" to "Medium Density Residential", so that the designations would be consistent with previously approved TM 29322. • Amendment No. 3: On July 1, 2020, Amendment No 3 to the Menifee North Specific Plan and its accompanying EIR (SCH #2019029123) was adopted by the City of Menifee. Amendment No. 3 modified Planning Areas 11, 12, 13, and 14 and formally removed those portions of the Specific Plan outside the City boundaries from the document, however a final comprehensive document reflecting the approved modifications was not created. • Amendment No. 4: In 2022, Amendment No 4 to the Menifee North Specific Plan and its accompanying EIR (SCH #2021060247) was approved to modify the boundary and increase the acreage Planning Area 2 from 138.8 acres to 145 2 acres, to reflect TTM 38156. Addendum to EIR No 329 December 18, 2023 2 — Project Description 2.6 - General Plan Land Use Designation Menifee North Specific Plan 2.7 - Zoning District PA-9 (MDR)/ PA-22 (MHDR) & PA-23A (HDR) 2.8 - Environmental Setting Menifee North is a master planned community, and infrastructure and other public facilities have been sufficiently sized to meet the needs of the entire community at full build -out. The Specific Plan area was proposed for urbanization in the Riverside County Comprehensive General Plan, representing a logical extension of development into an area where utilities were available The Planning Area was utilized for agriculture before development of the Specific Plan, and archeological and historical resources in the area have most likely been disturbed as a result. Menifee North is an internally oriented, self- contained community that combines residential, commercial, business park, industrial, parks, and open space uses The area is relatively flat and slopes slightly from northwest to southeast with an elevation ranging between approximately 1,400 and 1,600 feet above mean sea level (AMSL). The proposed Project site is vacant and contains limited vegetation and shrubs. There are no trees on the Project site. Much of the drainage in the vicinity of the Project site has been channelized, but historically, the drainage pattern has been in a westerly direction toward Perris Valley and ultimately, the San Jacinto River. For the most part, stormwater flows are intermittent, occurring only as the result of seasonal precipitation. 2.9 - Project Description The proposed Project includes Specific Plan Amendment No. 5, Tentative Tract Map ("TTM") No. 38132, and No TTM 38133 Specific Plan Amendment No 5 proposes to amend the Menifee North Specific Plan No. 260 by modifying the acreage, unit count, density, and designation of Planning Area 9 (PA-9) and modifying the Planning Area boundary, acreage unit count, density, and designation of PA -22 (See Exhibit 4, Approved and Proposed Land Use Maps) The proposed Project represents Amendment No. 5 of the approved Menifee North Specific Plan. The purpose of Amendment No. 5 is to modify the uses, configuration, development standards, unit counts, densities, and Land Use Designations of PA-9, PA-22, and PA-23A. The amendment to PA-9 will establish: a designation of Medium High Density Residential Zone on a 29 4 acre property at 5.8 dwelling units per acre yielding 170 allowed dwelling units and a minimum lot size of 4.300 square feet The amendment to PA-22 include: consolidation of PA-22 and PA-23A into one residential planning area (PA-22); and establishes designation of Medium High Density Residential on a 26.5 acre property at 5.5 dwelling units per acre, yielding 145 allowed dwelling units TTM 38132 (PA-9) proposes a subdivision of 29.4 gross acres into 169 residential lots, five (5) open space lots, and a water quality basin The subdivision would have a proposed density of 5.8 du/ac TTM 38133 (PA-22) proposes a subdivision of 26 5 gross acres into 145 residential lots, six (6) open space lots, and a water quality basin The subdivision would have a proposed density of 5.5 du/ac Menifee North Specific Plan Amendment No 5 7 City of Menifee 2 — Project Description Lastly, the proposed Project includes revisions to the Zoning Ordinance text of the Specific Plan to reflect the proposed Project. The proposed Specific Plan Amendment would not result in any reductions to the number of allowed dwelling units within the two Planning Areas (from 315 allowed as currently approved and 315 with proposed SPA No. 5). Required Approvals The Project would require the following approvals: • Specific Plan Amendment (SPA) No. 5 • Tentative Tract Map (TTM) 38132 Tentative Tract Map (TTM) 38133 2.10 - Other Public Agency Whose Approval is Required None Addendum to EIR No 329 December 18, 2023 i Exhibit 1 Regional Context Map © 30 Menifee North Specific Plan Amendment #5 Menifee, California 2 — Project Description This Page Intentionally Left Blank Addendum to EIR No. 329 December 18, 2023 r----..�7------� /1 - Specific Plan Area - - - -Planning Area Not to Smle Exhibit 2 Specific Plan Area Map Menifee North Specific Plan Amendment #5 Menifee, California 2 — Project Description This Page Intentionally Leff Blank. Addendum to EIR No.329 December 18, 2023 1 Source• MIG Exhibit 3 Tentative Tract Map 38132 Menifee North Specific Plan Amendment #5 Menifee, California 2 — Project Description This Page Intentionally Left Blank Addendum to EIR No, 329 December 18, 2023 r I jl �w v^'uauN •■ ■ IG N j 1 N1' ■ � OWN � a ■ I • �. I' ..—...J I r r/ r r w r r Y r■ ■ rm 11 iJ 1 u I 4 I r �/ �m r w 1 1 Y I■ �ogpO I II; r rm I 1 I tf; I •. � ■ Ir NI / .wrr mrr ■ �•:�:�� I III as%a • p aN r 1 YIItA ww w r j r/ r IL r — I w11•••r wlsw I r:z— -j• I .Irsnr.w Exhibit 3 Tentative Tract Map 38133 Menifee North Specific Plan Amendment #5 Menlfee, California 2 — Project Description This Page Intentionally Left Blank. Addendum to EIR No. 329 December 18, 2023 Exhibit 4 Approved and Proposed Land Use Maps PA A PA 9 I PA 5 PA 6 MEDIUM JL 7]ODt7 uPl I PA 7A I I •i !r PA 78 PA PA 9 Pas MEDIUM -HIGH I. 2 — Project Description lid • p;, 22 MEDIUWHIGH I� HIS •I I �I I —..; PA 22 MEDIUM -HIGH I ----..I 1.Ma IF ww .t W IN Co,, PA ?A My WP Source: City of Menifee http://www.migcomcom•951-787-9222 Exhibit 4 Approved and Proposed Land Use Maps Menifee North Specific Plan Amendment #5 -O � Menifee, California 101 2 — Project Description This Page Intentionally Left Blank. 18 Addendum to the EIR September 5, 2023 3 Determination 3.1- Environmental Categories Potentially Affected The environmental categories checked below were identified in EIR No. 329 as being a 'Potentially Significant Impact,' and the following sections of this Addendum will identify to what degree the proposed Project contributes to these previously identified significant impacts. e Aesthetics ❑ Agriculture Resources Air Quality e Biological Resources Cultural Resources y� Energy Geology /Soils Greenhouse Gas ❑ Hazards & Hazardous ❑ Emissions Materials Hydrology / Water Land Use / Planning ❑ ❑ Mineral Resources Quality Q Noise ❑ Population / Housing Public Services Recreation Transportationlfraffic Tribal Cultural Resources ElUtilities / Service ❑ Wildfire Mandatory Findings of Systems Significance 3.2 - Determination ❑ The Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. Although the Project Could have a significant effect on the environment. there will tail be a signiftlAt ❑ effect in this case because revisions in the Project have been made by or agreed to by the PM)m proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. El REPORT Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. The Project MAY have a 'potentially significant impact' or 'potentially significant unless mitigated' impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier ❑ document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed The Project could have a significant effect on the environment, but all of its potentially significant effects (a) have been adequately analyzed in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION. As such, no further environmental documentation (e g , a subsequent EIR) is required. Menifee North Specific Plan Amendment No 5 19 City of Menifee 3 — Determination This Page Intentionally Left Blank. Addendum to EIR No. 329 December 18, 2023 4 Evaluation of Environmental Impacts The purpose of this Addendum is to evaluate the CEQA environmental checklist categories in terms of any changed conditions from the approved PEIR (EIR No. 329), including any subsequent addendums, to the proposed Project (e.g , project changes, changed circumstances, or new information of substantial importance) that may produce a changed environmental result (e g , a new significant impact or substantial increase in the severity of a previously identified significant effect) pursuant to CEQA Guidelines Sections 15162. 15164, and 15168(c). As such, the Addendum's checklist analysis uses the standard environmental categories provided in Appendix G of the CEQA Guidelines but provides answer columns for evaluation consistent with the considerations listed in Guidelines Section 15162(a) Mitigation measures identified in EIR No 329 and applicable to the proposed Project are discussed under each environmental section and are listed in Section 5 — Applicable Mitigation Measures. As discussed in the following sections, the proposed Project would not result in new significant environmental effects or a substantial increase in the severity of impacts previously identified by EIR No 329. EXPLANATION OF CHECKLIST EVALUATION CATEGORIES (COLUMNS) Effect Not Examined in Program EIR? Pursuant to CEQA Guidelines Section 15168(c)(1), this column indicates whether the Project would have effects that were not previously examined by EIR No 329, in which new effects could necessitate subsequent CEQA review EIR No. 329 is nearly thirty years old; therefore, there are several impact areas that were not examined as part of the original environmental analysis. Since 1994, the CEQA Guidelines have been updated numerous times requiring analysis of several new impact areas that were not included in EIR No 329 Significance Conclusion in Program EIR? This column identifies the conclusion of EIR No 329 concerning the environmental issue listed under each topic with respect to its significance. Proposed Changes Involving New or More Severe Impacts? Pursuant to CEQA Guidelines Section 15162(a)(1), this column indicates whether any changes represented by the proposed Project will result in new significant environmental impacts not previously identified or mitigated by EIR No. 329or whether the changes will result in a substantial increase in the severity of a previously identified significant impact. New Circumstances Involving New or More Severe Impacts? Pursuant to CEQA Guidelines Section 15162(a)(2), this column indicates whether there have been substantial changes with respect to the circumstances under which the Project will be undertaken that will require major revisions to EIR No 329 due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects Menifee North Specific Plan Amendment No 5 21 Cityof Menifee 4 — Evaluation of Environmental Impacts New Information Showing New or More Severe Impacts? Pursuant to CEQA Guidelines Section 15162(a)(3), this column indicates whether new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time EIR No 329 was certified, shows any of the following: (A) The Project will have one or more significant effects not discussed in the previous EIR or Negative Declaration; (8) Significant effects previously examined will be substantially more severe than shown in the previous PEIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the Project, but the Project proponents decline to adopt the mitigation measure or altemative; or (D) Mitigation measures or altematives that are considerably different from those analyzed in the previous PER would substantially reduce one or more significant effects on the environment, but the Project proponents decline to adopt the mitigation measure or altemative. Ifthe additional analysis completed as partofthis environmental review were tofind that the conclusions of EIR No 329 remain the same and no new significant impacts are identified, or identified impacts are not found to be substantially more severe, or additional mitigation is not necessary, then the question would be answered "No," and no subsequent environmental review would be required. DISCUSSION FOLLOWING CHECKLIST EVALUATION A discussion of the elements of the checklist is provided under each environmental category in order to clarify the answers regarding the proposed Project in relation to EIR No 329 The discussion provides information about the particular environmental issue, how the Project relates to the issue, and the status of any mitigation that may be required or that has already been implemented. Applicable mitigation measures from EIR No. 329 that apply to the proposed Project are listed under each environmental category. Conclusion Each section ends with a summary of the conclusion of the preceding analysis. 22 Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts 4.1- Aesthetics Would the Project: Proposed New , Changes New Information Involving Now' Circumstances Showing Effect Contusion or More Involving New New or More Examined In In EIR No. severe or More Severe Severe EIR No. 329? 329? Impacts? Impacts? Impacts? a) Have a substantial Less than adverse effect on a scenic Yes Significant No No No vista? Impact b) Substantially damage scenic resources, including, but not limited to, Less than trees, rock outcroppings, Yes Significant No No No and historic buildings within Impact view from a state scenic highway? c) In non -urbanized area, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are Not experienced from publicly No Analyzed No No No accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? d) Create a new source of Less than substantial light or glare Significant which would adversely Yes with No No No affect day or nighttime Mitigation views in the area? Incorporated Pr000sed Project In Relation to EIR No. 329 (a) Scenic Vistas. The Canyon Lake Reservoir lies adjacent to the west City boundary. EIR No. 329 noted that the Planning Area does not contain any outstanding scenic vistas which require preservation, which would eliminate the need far interpretive displays. Therefore, EIR No. 329 determined the Menifee North Specific Plan would have less than significant impacts and no mitigation was required. The proposed Project includes modifications to the acreage, unit count, density, and designation of PA- 9 and modifications to the Planning Area boundary, acreage unit count, density, and designation of PA -22. The Project would result in a net decrease in the number of built residential units within the Specific Menifee North Specific Plan Amendment No. 5 23 City of Menifee 4 — Evaluation of Environmental Impacts Plan Area, and because the Planning Area does not contain any outstanding scenic vistas, Amendment #5 would not result in a change to the number of allowed residential units Therefore, the proposed Project would have similar less -than -significant impacts to scenic vistas. (b) Visual Resources within a State Scenic Highway. EIR No. 329 noted that approximately 306 8 acres of the Menifee North Specific Plan borders Highway 74, an Eligible State Scenic Highway EIR No 329 also noted that the entire 306 8 acres is contained within Specific Plan Planning Areas proposed for Commercial, Business Park, and combined Commercial/Business Park land uses. However, EIR No 329 found that the Menifee North Specific Plan is intended to mitigate any potential impacts to Highway 74 through implementation of landscaping, that would delineate the community boundary and act as a noise barrier. Therefore, EIR No 329 determined that impacts to scenic resources within view from a state scenic highway would be less than significant with mitigation incorporated. There are no officially designated scenic highways in or near the City of Menifee State Route 74 (SR- 74) passes along the southern boundary of the Planning Area and is considered an "Eligible State Scenic Highway — Not Officially Designated" by the Califomia Department of Transportation The nearest designated state scenic highway to the City is a portion of SR-74 in the San Jacinto Mountains about 17 miles east of the City (Caltrans, 2010). However, because none of these resources are located within the Specific Plan area, the proposed Project would have similar less -than -significant impacts on scenic resources. (c) Degrade Existing Visual Character. EIR No 329 did not analyze impacts to the existing visual character of the sites and surrounding area because it was not required by CEQA when EIR No. 329 was certified in 1993. However, although EIR No. 329 did not address this subject, EIR No. 329 contained enough information about aesthetics impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects related to degradation of the visual character of the area was readily available to the public. Today the Specific Plan area is mostly built out with a combination of residential and supportive commercial uses. The proposed Project would be developed consistent with the design and development requirements of the Specific Plan The size and scale of the proposed buildings would be consistent with existing development in the surrounding area. The Project would not develop any hillside areas. The overall appearance of new buildings within the Project would be consistent with the scale and size allowed under the Specific Plan with applicable specific plans and zoning requirements Therefore, the proposed Project would not conflict with applicable zoning and other regulations goveming scenic quality and would have less than significant impacts No mitigation is required. (d) Light and Glare. EIR No 329 found that the development of up to 2,654 residential units and 599.3 acres of commercial, business park, and industrial use would result in the installation of streetlights as required by Riverside County Entry monumentation and signage may also require illumination. EIR No. 329 found that these lighting requirements could potentially result in a condition known as "skyglow" which interferes with the use of the telescope at the Palomar Observatory. As such, mitigation was incorporated requiring use of low-pressure sodium vapor lamps for street lighting, orientation and shielding of light to prevent direct upward illumination, and compliance with County Ordinance No 655 regulating light pollution With incorporation ofthese mitigation measures, EIR No. 329 determined that impacts related to light and glare would be less than significant. The proposed Project would require the installation of street lighting Sources of light and glare in the Specific Plan area include building lights (interior and exterior), security lights, sign illumination, and Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts parking -area lighting. Other sources of nighttime light and glare include street lights and vehicular traffic along roadways. Menifee's night skies benefit from being surrounded by uses that emit little or no light: open space lands, vacant land, farmland, and rural residential development. In addition, land uses that generate significant amounts of light pollution, such as shopping centers, are limited and concentrated in limited areas in the City. The proposed Project would be required to comply with the City of Menifee Municipal Code Chapter 9.210 (Lighting Standards), which requires exterior lighting to be minimized to prevent glare and minimize reflected, ambient light so as to maintain visibility of the night skies. Chapter 9.210 also requires all exterior lighting to be shielded as to avoid light spillover on adjacent properties. Therefore, compliance with existing regulations. including EIR No 329 mitigation measures, would ensure the proposed Project's light and glare impacts would be less than significant and no new mitigation is required. EIR No. 329 Mitigation Measures MM-D.11.1 Because of the property's location with respect to Palomar Observatory, low-pressure sodium vapor lamps for street lighting will be used. MM-D.11.2 Other potentially lighted areas (i e., entry monumentation, commercial, business, and industrial signage) shall orient and shield light to prevent direct upward illumination. MM-D.11.3 The project will be subject to County Ordinance No. 655 regulating light pollution. Cumulative Imoacts EIR No. 329 noted that the Menifee North Specific Plan is located within an area undergoing rapid urbanization as a result of demand pressures for housing, as is occurring in most of Riverside County, and that a number of other major projects were pending in the project area at the time of certification. EIR No 329 also noted that including the Menifee North Specific Plan, the other major developments in the area cumulatively proposed approximately 32,500 dwelling units, generating an estimated population of 84,175 persons. In addition to the residential elements of these projects, EIR No. 329 found that these projects included an estimated total of 850 acres of Town Center, Commercial, Business Park and/or Industrial use. EIR No. 329 found that the 2,654 units proposed by the Menifee North Specific Plan constitute 8.2% of the total dwelling units proposed and approved in the City. While the individual projects may contribute marginally to growth in the area, EIR No. 329 determined that the collective projectswould cumulatively create an overall change in the once rural and sparsely populated nature of the Sun City/Menifee Valley and Romoland/Homeland region. EIR No. 329 also determined that the overall increase in units and related demands along neighborhood roads and for local services and utilities would cumulatively impact the area. In addition, the development of these projects in what was once a semi -rural/ agricultural but steadily developing area could result in conversion of adjoining lands to similar uses, particularly agricultural and open space uses remaining in the area. Therefore, ultimate urbanization of the project vicinity could potentially indirectly influence expansion throughout the area. However, EIR No. 329 determined that cumulative projects constructed within the Speck Plan area and conforming to County General Plan and zoning designations would have impacts anticipated by the General Plan EIR, and would not create adverse cumulative impacts to aesthetic resources. The proposed Project is located in a rapidly urbanizing area and is designated in the City's General Plan and Zoning Code for urban development. Cumulative impacts related to development of the Project site with residential uses in conjunction with other development projects in the area were analyzed in the Environmental Impact Report prepared for the City of Menifee 2013 General Plan and were determined to be less than significant. The proposed Project would be required to comply with the Menifee North Specific Plan Amendment No 5 25 City of Menifee 4 — Evaluation of Environmental Impacts City's zoning code lighting standards relating to light and glare. Therefore, the cumulative aesthetic impact from the proposed Project would be less than significant. Conclusion As analyzed in EIR No. 329, the proposed Project would comply with the City's night-time light regulation and would thus have less than signficant impacts The Project would be within the scope of what is permitted by the Specific Plan and what was evaluated in EIR No. 329 and would not produce new or substantially more severe environmental impacts. As such, no subsequent environmental analysis and no new mitigation are required. Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts 4.2 - Agriculture and Forest Resources In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the State's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the Project: Propoxd New Changes New Irifonnatlon Effect Involving New Circumstances Showing Examined Conclusion or Mon Involving New New or Mons In EIR No. In EIR No. Seven or More Severe Severs 329? 329? Impacts? Impacts? Impacts? a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as Significant shown on the maps prepared Yes Unavoidable No No No pursuant to the Farmland Impact Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing Not zoning for agricultural use, or No Analyzed No No No a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland Not (as defined by Public No Analyzed No No No Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104 (g))? d) Result in loss of forest Not land or conversion of forest No Analyzed No No No land to non -forest use? e) Involve other changes in Significant the existing environment Yes Unavoidable No No No which, due to their location or Impact nature, could result in Menifee North Specific Plan Amendment No. 5 27 City of Menifee 4 —Evaluation of Environmental Impacts conversion of Farmland to non-agricultural use or conversion of forest land to non -forest use? Proposed Project In Relation to EIR No. 329 (a) Designated Farmland. EIR No. 329 which was certified in 1993 noted that implementation of the Menifee North Specific Plan would remove from use an estimated 1,050 acres of farmable land used for the production of oatthay, alfalfa, wheat, potatoes, barley, and grain, and further contribute to the decline of such uses in Riverside County With the exception of the 112.0 acres of natural open space proposed within the southeastern portion of the Planning Area and the 80.8 acres of parks, EIR No. 329 found that project development would eliminate existing open space and the rural atmosphere currently present on -site, and Project approval would constitute continuation of the trend towards a commitment to urban development in the area, as embodied by the proposed Menifee Ranch and Menifee Estates Specific Plans to the south, the approved Menifee Village Specific Plan which is south of Menifee Ranch, and the proposed Menifee East Specific Plan which is southeast of Menifee Village Therefore, EIR No. 329 determined that Project implementation would result in urban development on "Prime" soils, and loss of Prime soils was considered a significant impact of project development. However, no mitigation measures were proposed for the discontinuance of farming on -site and the loss of Prime Farmlands. The Specific Plan area is rapidly urbanizing and the proposed Project is within the scope of what was proposed in the original Specific Plan. Specific Plan Planning Areas 9, 22, and 23A do not contain any lands designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance as mapped by the State Department of Conservation Farmland Mapping and Monitoring Program The Project has no potential to convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to a nonagricultural use and no impact would occurin this regard. (b) Williamson Act. EIR No 329 did not analyze impacts related to Williamson Act contracts However, although EIR No 329 did not address this subject, EIR No. 329 contained enough information about agricultural and forest resources impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects to Williamson Act lands was readily available to the public According to the Riverside County Parcel Report for the Project, the site is not under a Williamson Act Contract The site is designated as Specific Plan in the City's General Plan. There is no agricultural zoning or uses within the Specific Plan area and the Project is within the scope of the original Specific Plan Therefore, the Project would not conflict with existing zoning for agricultural use or a Williamson Act contract. (c) Forest Zoning. EIR No 329 did not analyze impacts related to forest zoning. However, although EIR No 329 did not address this subject, EIR No 329 contained enough information about agricultural and forest resources impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects related to forest zoning was readily available to the public. The current General Plan land use designation for the site is Specific Plan The Project site does not contain any forest lands, timberland, or timberland zoned as Timberland Production, nor are any forest lands or timberlands located on or nearby the Project site. Because no lands on the Project site are Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts zoned for forestland or timberland, the Project has no potential to impact such zoning. No impact would occur. (d) Loss of Forestland. EIR No 329 did not analyze impacts related to loss of forestland. However, although EIR No. 329 did not address this subject, EIR No. 329 contained enough information about agricultural and forest resources impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects related to loss of forestland was readily available to the public. The Project site and surrounding properties do not contain forest lands, are not zoned for forest lands, nor are they identified as containing forest resources by the General Plan. Because forest land is not present on the Project site or in the immediate vicinity of the Project site, the Project has no potential to result in the loss of forest land or the conversion of forest land to non -forest use. No impact would occur. (e) Conversion of Land. As discussed in response 4 2.a above. EIR No 329 determined that development of the Menifee North Specific Plan would preclude future use of the site for agricultural use. Therefore, EIR No. 329 determined that Project implementation would result a significant. However, no mitigation measures were proposed for the discontinuance of farming on -site and the loss of Prime Farmlands. The Farmland Mapping and Monitoring Program classifies the Project site as Farmland of Local Importance. Farmland of Loral Importance is either currently producing or has the capability of production, but does not meet the criteria of Prime, Statewide or Unique Farmland. The site can be considered to be Fallow Agricultural Land The description of this habitat and vegetation communities is based on the definitions found in MSHCP Section 2.1 3 and A Manual of California Vegetation: Second Edition (Sawyer et at 2009). Fallow Agricultural Land includes fallow fields that have been recently disked, plowed, or are no longer used to produce crops and are slowly being encroached by non-native herbaceous plant species In some cases, native annual wildflowers become established in fallow agricultural lands The Project site is not currently providing active agricultural land of use to the local economy In addition, the Project site has been planned for residential and open space uses by the County of Riverside since 1993 and the City of Menifee since 2013 and this type of development has been anticipated for the Project site. Therefore, no unanticipated impact would occur as a result of the proposed Project. Cumulative Impacts EIR No. 329 noted that the Menifee North Specific Plan is located within an area undergoing rapid urbanization as a result of demand pressures for housing, as is occurring in most of Riverside County, and that a number of other major projects were pending in the project area at the time of certification EIR No. 329 also noted that including the Menifee North Specific Plan, the other major developments in the area cumulatively proposed approximately 32,500 dwelling units, generating an estimated population of 84,175 persons In addition to the residential elements of these projects, EIR No 329 found that these projects included an estimated total of 850 acres of Town Center, Commercial, Business Park and/or Industrial use. EIR No 329 found that the 2,654 units proposed by the Menifee North Specific Plan constitute 8.2% of the total dwelling units proposed and approved in the area. While the individual projects may contribute marginally to growth in the area, EIR No 329 determined that the collective projects would cumulatively create an overall change in the once rural and sparsely populated nature of the Sun City/Menifee Valley and Romoland/Homeland region EIR No 329 also determined that construction of various projects in the vicinity would continue the trend towards development of agricultural lands in Riverside County, which would involve some land designated as "Prime Farmlands" on the Countywide Agricultural Resources Map EIR No. 329 found that the Menifee North Specific Plan Menifee North Specific Plan Amendment No 5 29 City of Menifee 4 — Evaluation of Environmental Impacts and the Menifee Ranch Specific Plan would redevelop "Prime Farmlands", resulting in a significant impact both on a project basis and cumulatively. In addition, the development of these projects in what was once a semi -rural/ agricultural but steadily developing area could result in conversion of adjoining lands to similar uses, particularly agricultural and open space uses remaining in the area Therefore, ultimate urbanization of the project vicinity could potentially, indirectly influence expansion throughout the area However, EIR No 329 determined that cumulative projects constructed within the Speck Plan area and conforming to County General Plan and zoning designations would have impacts anticipated by the General Plan EIR, and would not create adverse cumulative impacts to agricultural resources. The proposed Project is located in a rapidly urbanizing area and is designated in the City's General Plan and Zoning Code for urban development. Cumulative impacts related to development of the Project site with residential uses in conjunction with other development projects in the area were analyzed in the Environmental Impact Report prepared for the City of Menifee 2013 General Plan and were determined to be less than significant. The proposed Project would not convert farmland to a non - farmland use and would not result in the loss of forest resources. Therefore, the cumulative agricultural impact from the proposed Project would be less than significant. Conclusion There are no agricultural or forest related resources in or near the Project area that would be impacted. The Project would be within the scope of what is permitted by the Specific Plan and what was evaluated in EIR No 329 and would not produce new or substantially more severe environmental impacts No subsequent environmental analysis and no new mitigation measures are required. Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts 4.3 — Air Quality Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the Project: -- Proposed New Changes New Information EfFaci I Involving New i Circumstances Showing Examined Conclusion or More Involving New New or Mon in EIR No. In EIR No. Seven or Mon Severo Seven 329? 329? Impacts? Impacts? Impacts? Less than a) Conflict with or obstruct implementation of the Yes Significant No No No applicable air quality plan? Impact b) Result in a cumulatively considerable net increase of Less than any criteria pollutant for Significant which the Project region is Yes with No No No non -attainment under an Mitigation applicable federal or state Incorporated ambient air quality standard? c) Expose sensitive Not receptors to substantial No Analyzed No No No pollutant concentrations? d) Result in other emissions (such as those leading to Not odors) adversely affecting a No Analyzed No No No substantial number of people? A Trip Generation, Air Quality and Greenhouse Gas Supplemental Memorandum was prepared for the proposed Project by MIG, Inc. (See Appendix B). The information in this section was taken from the Trip Generation, Air Quality and Greenhouse Gas Supplemental Memorandum. Proposed Protect In Relation to EIR No. 329 (a) Conflict with AOMP. EIR No. 329 evaluated project consistency in the conlext of the 1989 AOMP. The EIR identified that the Menifee North Specific Plan would add approximately 2,894 dwelling units and increase population by approximately 10,616 people. The 2,654 dwelling units would be within the 280,000 units (consisting of 89,200 existing dwelling units and 168.800 additional projected dwelling units) forecasted for the Central Riverside Subregion for 2010. Since certification of EIR No. 329, SCAQMD has released updated AQMPs, with the 2022 AQMP currently in effect. The proposed Project would result in one less housing unit than the project evaluated in EIR No. 329, and so the project would not result in greater growth than was evaluated by EIR No. 329. The proposed Project would remain consistent with land use designations and population projections used to prepare the 2022 AQMP and would not conflict with the control Menifee North Specific Plan Amendment No 5 City of Menifee 4 — Evaluation of Environmental Impacts measures in the AQMP. Therefore, the project would not conflict with or obstruct implementation of an applicable air quality plan, and would result in a less than sryn,lcant impact. (b) Cumulative Increase in Air Pollution. EIR No. 329 estimated construction emissions from grading activities and equipment, and operational emissions from motor vehicles and the combustion/ consumption of gas and energy The EIR determined that there were significant impacts for CO, NOx, PM, and ROG. The EIR estimated construction impacts would average 11.07 tons/day of particulate matter from grading activities for the 1,546.2 acre project The EIR also estimated the emissions associated with operating two diesel powered scrapers for eight hours per day, shown in Table 1 below Table 1 EIR No. 329 Aonroved Emissions from Construction Eouioment Pollutant Emissions (Iba/day) CO 10.8 NOx 46.0 Sox 3.4 Particulates 3.0 HC 4.7 The EIR identified that motor vehicles would be the main source of operational emissions. The project would generate 138,250 vehicle trips per day and 1,382,500 VMT per day. Electricity and natural gas consumption for residential and commercial uses would also contribute to operational emissions. The EIR's operational emissions estimates from mobile sources, electricity, and natural gas are shown in Table 2. Table 2 oro u.. »e w�_._.... Pollutant Emissions (lbs/day) CO 12,320 NOx 3.533 Sox 32 Particulates 830 ROG 1,014 The proposed Project would not result in an increase in emissions for several reasons. First, the Project would result in one less housing unit and no measurable difference in VMT (Translutions 2022). Second, on and off -road equipment emissions have improved over time as new emission standards have been adopted (e g., Tier 1-4 off road emission standards, and vehicle fuel efficiency improvements). Third, the proposed Project would follow air quality regulations that have been passed since the approval of the EIR, such as the In -Use Off -Road Diesel Equipment Program and On -Road Heavy -Duty Vehicles (In -Use) Regulation. Finally, the mitigation measures from EIR No. 329 would still apply to the proposed Project. MM-C 6 1 and MM-C.6.2 listed below would reduce Project construction emissions. MM-C.6.1 would reduce particulate matter through its required and recommended dust control actions and could reduce other pollutants by ,as recommended actions of maintaining construction equipment and using low sulfur fuel. Maintaining construction equipment would reduce all criteria pollutants by preventing inefficiencies that would result in the combustion of additional fuel Using low sulfur fuel would reduce 32 Addendum to EIR No 329 December 18, 2023 4 —Evaluation of Environmental Impacts SOx emissions. MM-C6.2 would reduce VOC emissions through the use of low VOC emitting paints Therefore, no cumulatively considerable criteria pollutant impact greater than those identified in EIR No 329 would result from the proposed Project. EIR No. 329 Mitigation Measures MM-C.6.1 The quantity of particulate matter and other pollutants emitted during the grading and construction phase of the proposed project may be reduced through watering graded surfaces end planting ground cover as dust palliatives, in accordance with SCAQMD Rule 403. Though not required by SCAQMD Rule 403, the following additional mitigations are recommended to minimize construction activity emissions: Water site and equipment morning and evening; spread soil binders on site, unpaved roads and parking areas; operate street -sweepers on paved roads adjacent to site; reestablish ground cover on construction site through seeding and watering; pave construction access roads, clean up the access roads and public roadways of soil, if necessary; and implement rapid cleaning up of debris from streets after major storm events. The following mitigations are recommended to reduce construction equipment emissions: wash off trucks leaving site; require trucks to maintain two feet of freeboard, i e., the distance between the top of the load and the top of the truck bed sides; property tune and maintain construction equipment, and use low sulfurfuel for construction equipment. MM-C.6.5 Low VOC (Volatile Organic Compound) emitting paints should be used. (c) Sensitive Receptors. EIR No 329 did not directly evaluate the Menifee North Specific Plan's construction and operational impacts on the sensitive land uses that existed in 1993 when the EIR was written There have been no substantial changes to the Project site's surrounding environment, although some of the development from the approved Menifee North Specific Plan has occurred and resulted in new sensitive receptors near PA-9 and PA-22. The proposed Project would not change the number of allowed residential units, however it would increase the residential units in PA-9 and decrease the residential units in PA-22. Prior to the proposed amendment, SPA-260 allowed 315 units between PA 9, 22 and 23A SPA No. 5 proposes 315 allowed units within PA 9 and 22 PA-9 is located approximately 60 feet east of residential receptors across Palomar Road, and borders residential land uses to the north. The proposed Project would reducethe size of PA-9 by 1.1 acres (30.5 acres to 29.4 acres) and allow up to 170 (from 106 to 170), which would result in more construction activity in this planning area; however, this would not result in increased pollution levels at nearby sensitive receptors because, as described above in section a), construction equipment is subject to stricter standards that would reduce emissions compared to 1993 levels Furthermore, the addition of 64 residential units on flat land would not result in the type of heavy construction that would expose sensitive receptors to substantial pollution concentrations Adding residential units would not result in more construction activity in dose proximity to receptors Most construction activity would not take place along the border of the site. Most construction would occur several hundred feet from sensitive receptors. The proposed Project would result in 64 fewer residential units in the consolidated PA-22 (56 units in PA-22, 153 in PA-23A), which is approximately 230 feet west of Harvest Valley Elementary School, 50 feet east of residential receptors across Malone Avenue, and 90 feet south of residential receptors across Watson Road Less intensive construction would result in less exposure for receptors at the school than the project evaluated in EIR No. 329. Menifee North Specific Plan Amendment No 5 City of Menifee 4 — Evaluation of Environmental Impacts EIR No 329 did evaluate the placement of sensitive land uses, which it defined as schools, hospitals, convalescent homes and agricultural areas, near major roadways or heavy industrial areas. EIR No 329 identified the park site in Planning Area 38 and the school in Planning Area 21 as sensitive land uses. Consistent with EIR No 329, the proposed Project does not place schools, hospitals, convalescent homes and agricultural areas near major roadways or heavy industrial areas A portion of PA-22 does place residential areas along Briggs Road; however, it would not expose receptors to substantial levels of pollution from the roadway as there is approximately 80 feet of separation between the building and the road In addition, the proposed Project would result in less development in PA-22, so fewer residences would be placed near Briggs Road as compared to the 1993 EIR. Therefore, the proposed Project would not expose sensitive receptors to substantial pollutant concentrations. This impact would remain less than significant. (d) Other Emissions Such as Odors. EIR No. 329 did not evaluate impacts from exposure to odors from the project. However, although EIR No. 329 did not address this subject, EIR No 329 contained enough information about air quality impacts associated with the Menifee North Spec Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects due to odor was readily available to the public. According to the SCAQMD CEQA Air Quality Handbook, land uses associated with odor complaints include agricultural operations, wastewater treatment plants, landfills, and certain industrial operations (such as manufacturing uses that produce chemicals, paper, etc.). The proposed Project does not involve such land uses. For this reason, the proposed Project would not generate other emissions or odors that could adversely affect a substantial number of people. Cumulative Impacts EIR No 329 found that construction and operation of the four proposed Menifee Specific Plans would result in cumulative air quality impacts EIR No. 329 found that the greatest cumulative impact would result from increased vehicle traffic. Table 3 shows the estimated emissions from the projected 1, 529,352 VMT per day Table 3 Emissions from Cumulative VMT Pollutant Emissions (lbslday) CO 41,097 NOx 4,547 Sox 808 Particulates 1,077 HC 3,604 The proposed Project would result in less residential development and would not increase VMT. In addition, vehicles would emit lower levels of pollution than those evaluated in the 1993 EIR Therefore, the Project would not emit higherlevels of pollution than what was evaluated and approved in EIR 329 Conclusion EIR No. 329 indicated that development of the Specific Plan would result in significant air quality impacts, both as an individual project and cumulatively in terms of air pollutant emissions that exceeded Addendum to EIR No 329 December 16, 2023 4 — Evaluation of Environmental Impacts then -established standards. The Project would not result in greater emissions than were evaluated and approved in EIR No 329. The Project proposes less development in the Specific Plan area compared to that evaluated in EIR No. 329, and vehicles and equipment would emit lower levels of pollution. Refer to Appendix B for the Project's Trip Generation, Air Quality and Greenhouse Gas Supplemental Memorandum for additional information. The Project would be within the scope of what is permitted by the Specific Plan and what was evaluated in EIR No. 329 and would not produce new or substantially more severe environmental impacts. As such, no subsequent environmental analysis and no new mitigation are required. Menifee North Specific Plan Amendment No 5 35 City of Menifee 4 —Evaluation of Environmental Impacts 4.4 — Biological Resources Would the Project: Proposed New Changes New I Information Effect Involving New Circumstances Showing Examined Concluslon or More Involving New New or Mom In EIR No. In EIR No. Severe or More Severe Severe 329? 329? Impacts? Impacts? Impacts? a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status Less than species in local or regional Yes Significant No No No plans, policies, or regulations, Impact or by the California Department of Fish and Game or U-S. Fish and VkAldlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, No Not No No No policies, regulations, or by the Analyzed California Department of Fish and Game or US Fish and Vvildlife Service? c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, Not marsh, vernal pool, coastal, No Analyzed No No No etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with Not established native resident or No Analyzed No No No migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological No Analyzed No No No resources, such as a tree preservation policy or Addendum to EIR No. 329 December 18, 2023 4 — Evaluation of Environmental Impacts ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community No Not No No No Conservation Plan, or other Analyzed approved local, regional, or state habitat conservation plan? A Western Riverside County Multiple Species Habitat Conservation Plan Consistency Analysis was prepared for both Project parcels by Searl Biological Services (See Appendix C) The information in this section was taken from the MSHCP Consistency Analyses. Proposed Protect In Relation to EIR No 329 (2) Listed or Sensitive Species. EIR No. 329 found that development of the Specific Plan would require the removal of most of the existing vegetation in the Specific Plan area and that conversion of cultivatedlagricultural biotic communities to urban uses would reduce habitat for wildlife. However, EIR No. 320 determined that these areas are not considered to be of significance in this regard. Therefore, it was determined that the loss of this habitat would not be significantly adverse EIR No. 329 also noted that the majority of the vegetation was found in areas that were being dryland farmed, where there would be no significant impact It was further noted that coastal sage scrub in the Specific Plan would be protected. EIR No 329 also found that no other portions of the Planning Area possess sensitive biological resources whose loss would be significantly adverse. Due to the absence of significant impacts, no measures to mitigate the loss of vegetation and wildlife were implemented by EIR No. 329. However, it was recommended that project -specific mitigation measures be considered related specifically to Stephen's kangaroo rat. With the requirement for project -specific measures to mitigate impacts to Stephen's kangaroo rat, impacts were determined to be less than significant. The MSHCP Consistency Analyses prepared for the Project parcels found that both parcels are consistent with the goals and objectives of the MSHCP, that no MSHCP Section 6 1.2 resources are present on the Project parcels, and no burrowing owls are known to be on the Project parcels. However, the Project would be required to perform a 30-Day Pre -Construction BUOW Survey as part of the Project's Conditions of Approval (COA) prior to ground disturbance due to the presence of suitable BUOW habitat With the implementation of 30-day pre -construction burrowing owl surveys on the Projectparcels, the proposed Project would have a less than significant impact. EIR No. 329 Mitigation Measures MM-C.11.1 As the Stephen's Kangaroo Rat is on the Federal Endangered Species list, the project will be required to participate in the County's Interim Mitigation Plan, requiring payment of $1,950 per acre of land within SKR range in spite of the fact that SKR was not found onsite during two separate SKR surveys. Within the Habitat Conservation Plan, these funds will be utilized for acquisition of replacement habitat to compensate for the on -site loss of this endangered species The IOA permit which allows the "incidental taking" of this species is subject to the six-month allocation of available habitat in accordance with U.S Fish and Wildlife regulations. In order to receive this allocation, the project shall comply with all aspects of the Habitat Conservation Plan. This mitigation has been Menitee North Specific Plan Amendment No 5 City of Menifee 4 — Evaluation of Environmental Impacts deemed to be a sufficient mitigation measure relative to the incidental taking of the species by the County of Riverside (b) Riparian or Sensitive Habitat. EIR No 329 did not analyze impacts to riparian habitat or other sensitive natural communities. However, although EIR No 329 did not address this subject, EIR No. 329 contained enough information about biological resources impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects on riparian and sensitive habitat was readily available to the public The MSHCP Consistency Analyses prepared for the Project parcels found that neither of the Project parcels contains riparian/riverine features Therefore, the proposed Project would have no impact on riparian habitat or any other sensitive natural community. (c) Wetlands. EIR No 329 did not analyze impacts to wetlands However, although EIR No 329 did not address this subject, EIR No. 329 contained enough information about biological resources impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects on wetlands was readily available to the public. The MSHCP Consistency Analyses prepared for the Project parcels found that there are no wetlands on the Project parcels and no evidence of vernal pools on the Project parcels. Therefore, the proposed Project would have no impact on state or federally protected wetlands (d) Wildlife Movement. EIR No 329 did not analyze impacts to wildlife movement. However, although EIR No. 329 did not address this subject, EIR No. 329 contained enough information about biological resources impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects on wildlife movement was readily available to the public The Project parcels are not known to contain any natural habitat or community that could support the movement of wildlife. The Project parcels are not known to be used as part of any wildlife corridor. Therefore, the proposed Project would have no impact on the movement of any native resident or migratory fish or rdHle species or with established native resident or migratory wildlife corridors. (a) Local Policies. EIR No, 329 did not analyze impacts related to conflicts with local policies protecting biological resources. However, although EIR No. 329 did not address this subject, EIR No 329 contained enough information about biological resources impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects on local policies adopted for the purpose of protecting biological resources was readily available to the public As previously noted, the Project site does not contain any natural habitat or community, does not contain any riparian/riverine areas, and does not contain any wetlands. The Project site does not contain any trees and the proposed Project would not include the removal of any trees Therefore, the proposed Project would not conflict with a local policy protecting biological resources (f) Habitat Conservation Plans. EIR No. 329 did not analyze impacts related to conflicts with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan However, although EIR No 329 did not address this subject, EIR No. 329 contained enough information about biological resources Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts impacts associated with the Menifee North Specific Plan that with Il,e exercise of reasonable diligence. information about the Menifee North Specific Plan's potential conflicts with the MSHCP was readily available to the public. The MSHCP Consistency Analyses prepared for the Project parcels found that no MSHCP Section 6 1.2 resources are present on the Project parcels, and the Project is consistent with the goals and objectives of the MSHCP, with the implementation of 30-day pre -construction burrowing owl surveys. Therefore, impacts would be less than significant with incorporation of mitigation measures. Cumulative Impacts EIR No. 329 noted that the loss of rural/agriculture habitat from the Menifee North project site is not significant in itself However, EIR No. 329 found that the Project would contribute on an incremental basis to cumulative impacts to biological resources in the region as a result of past and planned developments, including an overall reduction in the native and naturalized biotic resources of the region. In regard to the Federally listed endangered Stephens' kangaroo rat, EIR No. 329 found that loss of potential on -site habitat would be incremental for individual projects; however, the cumulative loss of its habitat from the region contributes further to its dedwe EIR No. 329 noted that the four "Menifee" Specific Plan projects are proposed on sites that primarily support rural/agricultural biotic communities, and the Menifee North, Menifee East, and Menifee Ranch projects all preserve as natural open space the areas of coastal sage scrub vegetation found on -site. EIR No 329 noted that the Wenifee" Specific Plan projects would be required to participate in the Stephens' Kangaroo Rat Interim Mitigation Plan, requiring payment of $1,950 dollars per acre, and that the 3,582 acres of land encompassed by these proposed Specific Plans would require the payment of $6,984,900 in SKR fees. Therefore, EIR No 329 determined that no significant biological impacts would occur with the payment of fees. The proposed Project is located in a rapidly urbanizing area and is designated in the City's General Plan and Zoning Code for urban development. Cumulative impacts related to development of the Protect site with residenral uses in conjunction with other development oro;ects in the area viere analyzed in the Environmental Impact Report prepared for the City of Menifee 2013 General Plan and were determined to be less than significant The proposed Project would be required to comply with the requirements of the Western Riverside County Habitat Conservation Plan Therefore, the cumulative impact on biological resources from the proposed Project would be less than significant. Conclusion The Project site does not contain wetlandsriparian habitat, sensitive p!mns or animals or other important biological resources. With implementation of 30-day pre-coristrucuon burrowing owl surveys, potential impacts to biological resources would be reduced to less than significant levels. In these ways, the Project would be within the scope of what is permitted by the Menifee North Specific Plan and what was evaluated in EIR No. 329 and would not produce new or substantially more severe environmental impacts. As such, no subsequent environmental analysis and no new mitigation are required Menifee North Specific Plan Amendment No 5 City of Menifee 4 - Evaluation of Environmental Impacts 4.5 - Cultural Resources Would the Project: - Proposed New Changes New Information 7329? Involving New Circumstances Showing Enclusion or More Involving New New or Mon OR No. Severe or More Severe Severe 329? Impacts? i Impacts? Impacts? a) Cause a substantial adverse change in the significance of a historical No Not No No No resource pursuant to Analyzed Section15064.5? b) Cause a substantial adverse change in the significance of an Less than archaeological resource Yes Significant No No No pursuant to Impact Section15064.5? c) Disturb any human Less than remains, including those interred outside of dedicated Yes Significant No No No cemeteries? Impact A Cultural Resources Study was prepared for each of the Project parcels by Brian F. Smith and Associates, Inc (See Appendix D). The information in this section was taken from the Cultural Resources Studies Proposed Proiect In Relation to EIR No. 329 (a) Historical Resources. EIR No. 329 did not analyze impacts to historical resources. However, although EIR No. 329 did not address this subject, EIR No. 329 contained enough information about cultural resources impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects on historical resources was readily available to the public. The Cultural Resources Studies for the proposed Project note that aerial imagery shows the property has been largely disturbed by agricultural use since the 1960s. Since at least 2005, the properties have been used for the dumping of soils and construction debris, likely associated with nearby residential developments. The pedestrian survey indicated that the entirety of the Project parcels have been disturbed by historic agricultural use, vegetation clearing, disking, and the development of the surrounding area. Modem trash and building material consisting of gravel, asphalt, and concrete fragments were noted throughout the property. The survey did not result in the identification of any cultural resources, and no historic or prehistoric resources were observed during the survey. Therefore, the proposed Project would not have an impact on the significance of any historical resources. (b) Archaeological Resources. EIR No, 329 noted that a review of the archaeological site records on file at the Eastern California Information Center (ECIC) showed three archaeological sites previously identified and one new site located during field investigations for a total of four archaeological sites Addendum to EIR No, 329 December 18, 2023 4 — Evaluation of Environmental Impacts within the Specific Plan area. EIR No 329 noted that other sites surround the project, but are too distant to be impacted by the Specific Plan As such, EIR No. 329 determined that because no subsurface artifacts were recorded on or near these identified archaeological sites, no mitigation was recommended. However, EIR No. 329 noted that given the element of uncertainty of any archaeological survey due to the "underground" dimension, a Condition of Approval would be included which required that should archaeological materials be found during grading activities, a qualified archaeologist shall be retained for their evaluation Therefore, with the requirement to retain a qualified archaeologist to property evaluate any potential archaeological materials discovered during grading activities, EIR No. 329 determined that impacts to archaeological resources would be less than significant According to the Cultural Resources Studies for the proposed Project, the Phase I archaeological assessments for the Project parcels were negative for the presence of cultural resources However, it is noted that visibility of the Project parcels was extremely poor due to dense non-native grasses and weeds and, therefore, it was not clear if any cultural resources have ever existed on the Project parcels. The studies note that the current status of the Project parcels appears to have affected the potential to discover any surface scatters of artifacts. In addition, given that the prior agricultural use within the Project might have masked archaeological deposits, and based upon the limited visibility during the survey, the Cultural Resources Studies determined that there is a potential that buried archaeological deposits are present within the Project parcels. Therefore, Mitigation Measure MM-C 15.1 has been incorporated requiring implementation of a cultural resources monitoring program conducted by an archaeologist and Native American representative during grading of the Project parcels. Monitoring during ground -disturbing activities, such as grading or trenching, by a qualified archaeologist is required to ensure that if buried features (i e, human remains, hearths, or cultural deposits) are present, they would be handled in a timely and proper manner. With incorporation of MM-C 15.1, impacts to archaeological resources from the proposed Project would be less than significant. EIR No. 329 Mitigation Measures MM-C.15.1 Monitoring during ground -disturbing activities, such as grading or trenching, by a qualified archaeologist is recommended to ensure that if buried features (i.e., human remains, hearths, or cultural deposits) are present, they will be handled in a timely and proper manner. The scope of the monitoring program is provided below: 1) Prior to issuance of a grading permit, the applicant shall provide written verification that a certified archaeologist has been retained to implement the monitoring program. This verification shall be presented in a letter from the project archaeologist to the lead agency. 2) The project applicant shall provide Native American monitoring during grading. The Native American monitor shall work in concert with the archaeological monitor to observe ground disturbances and search for cultural materials 3) The certified archaeologist shall attend the pre -grading meeting with the contractors to explain and coordinate the requirements of the monitoring program 4) During the original cutting of previously undisturbed deposits, the archaeological monitor(s) and tribal representative shall be on -site, as determined by the consulting archaeologist, to perform periodic inspections of the excavations. The frequency of inspections will depend upon the rate of excavation, the materials excavated, and the presence and abundance of artifacts and features The consulting archaeologist shall have the authority to modify the monitoring program if the potential for cultural resources appears to be less than anticipated. 5) Isolates and clearly non -significant deposits will be minimally documented in the field so the monitored grading can proceed. Menifee North Specific Plan Amendment No 5 City of Menifee 4 —Evaluation of Environmental Impacts In the event that previously unidentified cultural resources are discovered, the archaeologist shall have the authority to divert or temporarily halt ground disturbance operation in the area of discovery to allow for the evaluation of potentially significant cultural resources. The archaeologist shall contact the lead agency at the time of discovery. The archaeologist, in consultation with the lead agency, shall determine the significance of the discovered resources The lead agency must concur with the evaluation before construction activities will be allowed to resume in the affected area. For significant cultural resources, a Research Design and Data Recovery Program to mitigate impacts shall be prepared by the consulting archaeologist and approved by the lead agency before being carried out using professional archaeological methods. If any human bones are discovered, the county coroner and lead agency shall be contacted. In the event that the remains are determined to be of Native American origin, the Most Likely Descendant (MLD), as identified by the NAHC, shall be contacted in order to determine proper treatment and disposition of the remains. Before construction activities are allowed to resume in the affected area, the artifacts shall be recovered and features recorded using professional archaeological methods. The project archaeologist shall determine the amount of material to be recovered for an adequate artifact sample for analysis. All cultural material collected during the grading monitoring program shall be processed and curated according to the current professional repository standards The collections and associated records shall be transferred, including title, to an appropriate curation facility, to be accompanied by payment of the fees necessary for permanent curation. A report documenting the field and analysis results and interpreting the artifact and research data within the research context shall be completed and submitted to the satisfaction of the lead agency prior to the issuance of any building permits. The report will include DPR Primary and Archaeological Site Fortes. (c) Human Remains. EIR No 329 did not address the disturbance of human remains. If human remains are discovered during Project grading or other ground disturbing activities, the Project would be required to comply with the applicable provisions of California Health and Safety Code Section705O.5 as well as Public Resources Code Section5097 et seq If the Coroner determines the remains to be Native American, the California Native American Heritage Commission (NAHC) must be contacted and the NAHC must then immediately notify the "most likely descendant(s)" of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours and engage in consultations concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. In addition, standard conditions of approval have been incorporated requiring implementation of a cultural resources monitoring program conducted by an archaeologist and Native American representative during grading of the Project parcels Monitoring during ground -disturbing activities, such as grading or trenching, by a qualified archaeologist is required to ensure that if buried features (i.e , human remains, hearths, or cultural deposits) are present, they would be handled in a timely and proper manner. These standard conditions of approval would ensure that discovered human remains are properly treated. Compliance with established health and safety regulations, and stand conditions of approval, would reduce potential impacts to less than significant levels Cumulative Impacts EIR No. 329 noted that development of the area may disturb existing unknown archaeological or paleontological resources because of grading and excavation activities unless these areas are preserved as natural open space However, EIR No 329 noted that if a certified archaeologist or Addendum to EIR No 329 December 18, 2023 4 —Evaluation of Environmental Impacts paleontologist is present, where necessary, during the grading operations, these impacts may be largely mitigated EIR No 329 also noted that this impact may be considered positive due to the discovery of resources which would have not otherwise been evaluated or uncovered because it is possible that grading and excavation in the area could uncover valuable resources which would contribute to the paleo-environmental and archaeological record of the southwestern Riverside County area Therefore, EIR No. 329 determined that the Specific Plan would not have adverse cumulative cultural resources impacts. The proposed Project is located in a rapidly urbanizing area and is designated in the City's General Plan and Zoning Code for urban development Cumulative impacts related to development of the Project site with residential uses in conjunction with other development projects in the area were analyzed in the Environmental Impact Report prepared for the City of Menifee 2013 General Plan and were determined to be less than significant While there are no known historical or cultural resources on the Project parcels, mitigation has been incorporated in the unlikely event that potential cultural resources are discovered during ground -disturbing activities. The proposed Project would be required to incorporate mitigation requiring archaeological and Native American monitoring during all -ground disturbing activities. Therefore, the cumulative cultural resources impact from the proposed Project would be less than significant. Conclusion Impacts to historic resources are not anticipated. Impacts to archaeological resources can be reduced to less than significant with implementation of a comprehensive grading monitoring program Additionally, compliance with established health and safety regulations would reduce potential human remains impacts to less than significant levels. The Project would be within the scope of what is permitted by the Menifee North Specific Plan and what was evaluated in EIR No. 329 and would not produce new or substantially more severe environmental impacts with incorporation of mitigation. As such, no subsequent environmental analysis is required. Menifee North Specific Plan Amendment No 5 City of Menifee 4 — Evaluation of Environmental Impacts 4.6 - Energy Would the Project: Proposed New Changes New Information Effect Involving New Circumstances Showing Examined Conclusion or More Involving New New or More In EIR No. In EIR No. Severe or More Severe Severe 329? 329? Impacts? Impacts? impacts? a) Result in potentially significant environmental impact due to wasteful, Less than inefficient, or unnecessary Yes Significant No No No consumption of energy Impact resources, during project construction or operation? b) Conflict with or obstruct a state or local plan for Less than renewable energy or energy Yes Significant No No No efficiency?? Impact Proposed Prolect In Relation to EIR No. 329 (a) Energy Consumption. EIR No 329 found that there was a less than significant impact to energy conservation after mitigation requiring passive solar heating and compliance with Title 24 energy conservation measures. EIR No 329 analyzed emissions from energy demand, using the number and size of dwelling units to estimate electricity and natural gas consumption. EIR No. 329 found that residential units would consume approximately 6,081 kwhluniUyear, and the project, which consisted of 2,654 units, would consume approximately 16,138,974 kwh peryearfrom residential uses, Total project electricity consumption, including business park and industrial uses, was found to be approximately 96,543,940 kwh. In addition, EIR No. 329 found that each residential unit would consume approximately 6,665 cubic feet of natural gas per month, with total project natural gas consumption estimated to be approximately 17,668,910 cubicfeet of natural gas per month for residential uses and 38,244,635 cubic feet per month for all land uses. The proposed Project would consume diesel and gasoline fuel during construction, and gasoline, electricity, and natural gas during construction. This energy consumption would be necessary for the development and operation of the Project. On -site, heavy-duty construction equipment and delivery trucks would primarily consume diesel fuel, and construction worker trips would primarily use gasoline. These vehicles would be subject to state regulations that have been adopted since the approval of EIR No. 329, including increased fuel efficiency standards for passenger vehicles and medium and heavy- duty trucks. As a result, heavy duty trucks used during Project construction and passenger vehicles used in construction and operation of the Project would consume less energy than vehicles evaluated in EIR No. 329. The proposed Project would result in one less residential unit than the project evaluated in EIR NO 329 and would therefore result in less energy consumption. In addition, energy efficiency improvements have occurred since the approval of EIR No. 329. The amount of electricity generated by renewable sources in the State has increased over the last few decades. Projects built in the State would also now be subject to the 2022 Title 24 Building Code, which contains standards that are more energy efficient Addendum to EIR No. 329 December 18, 2023 4 — Evaluation of Environmental Impacts than previous building codes Fuel efficiency standards for on -road vehicles have also improved due to new regulations at the State and federal level. Finally, the mitigation measures from EIR No. 329 would reduce Project energy use and ensure consistency with California code. MM-C13.1 recommends passive solar heating techniques that would reduce operational energy consumption and MM-C13 2 requires compliance with energy efficiency requirements in the California Administrative Code. Therefore, the proposed Project would not result in wasteful, inefficient, or unnecessary consumption of energy resources, and impacts from energy consumption would be less than significant EIR No. 329 Mitigation Measures MM-C.13.1 Passive solar heating techniques will be encouraged whenever possible within the project. Passive systems involve orienting buildings properly, planting trees to take advantage of the sun, seeing that roof over hangs are adequate, making sure that walls are properly insulated and installing simple heat storage systems. MM-C.13.2 Building energy conservation will largely be achieved for residential, commercial, business park and industrial units by compliance with Title 24 of the California Administrative Code. Title 24, California Administrative Code Section 2-5307(b) is the California Energy Conservation Standard for New Buildings which prohibits the installation of fixtures unless the manufacturer has certified to the CEC compliance with the flow rate standards. Title 24, California Administrative Code Sections 2-5452(i) and 0) address pipe installation requirements which can reduce water used before hot water reaches equipment or fixtures Title 20, California Administrative Code Sections 1604(0 and 1601(b) are Appliance Efficiency Standards that set the maximum flow rates of all plumbing fixtures and prohibit the sale of non -conforming fixtures (b) Conflict with Local Plan. EIR No. 329 did not directly evaluate the Menifee North Specific Plan's consistency with state or local plans for renewable energy or energy efficiency However, EIR No. 329 found that the Menifee North Specific Plan would be consistent with the Land Use Standard from the County's General Plan, which encouraged the use of solarenergy forwater heating and required project design layout to facilitate passive and active solar systems As described above in Section a), EIR No 329 required compliance with Title 24. The proposed Project would result in one less dwelling unit than the Menifee North Specific Plan approved by EIR No. 329, and would not interfere with the implementation of state or local energy plans. As described below in 4.6 Greenhouse Gas Emissions, many energy efficiency programs, including those from the Riverside County General Plan EIR, have gone into effect that would reduce energy consumption from the proposed Project. The City has not adopted a specific document for the purposes of addressing renewable energy or energy efficiency; however, the proposed Project would be consistent with the County General Plan policies related to energy efficiency and comply with statewide regulations, including 2022 Title 24 building standards Therefore, the proposed Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency, and would result in a less than significant impact. Cumulative Impacts EIR No 329 noted that the Menifee North Specific Plan is located within an area undergoing rapid urbanization EIR No. 329 would have an estimated cumulative total of 32,500 dwelling units in the project area, resulting in approximately 197,632,500 kwh/year and approximately 216,612,500 cubic feet per month of natural gas for residential uses The proposed project would result in less residential Menifee North Specific Plan Amendment No 5 45 City of Menifee 4 — Evaluation of Environmental Impacts development, and would use less energy than evaluated in EIR No. 329. Therefore, the cumulative energy impact is less than significant. Conclusion EIR No. 329 found there was a less than significant energy impact with the implementation of mitigation measures that would reduce operational energy consumption. The Project would result in energy consumption; however, because it includes one less residential unit and would comply with stricter state requirements, the proposed Project is expected to consume less energy than the Specific Plan analyzed in EIR No. 329. Therefore, energy impacts from the proposed Project would be less than significant. The Project would be within the scope of what is permitted by the Specific Plan and what was evaluated in EIR No 329 and would not produce new or substantially more severe environmental impacts. As such, no subsequent environmental analysis and no new mitigation is required. Addendum to EIR No 329 December 18, 2023 4 - Evaluation of Environmental Impacts 4.7 - Geology and Soils Would the Project: - — Proposed — New Chatrgas New Information Effect hwolving Circumstances Shovfirg Examined Conclusion New or More Involving New New or More in OR No. In EIR No. Severe or Mare Severe Seven 329? 329? impacts? Impacts? Impacts? a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Pdolo Earthquake Fault Zoning Map issued by Less than the State Geologist for Yes Significant No No No ate area or based on Impact other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42 ii) Strong seismic Less than ground shaking? Yes Significant No No No Impact iii) Seismic -related Less than ground failure, including Yes Significant No No No liquefaction? Impact iv) Landslides? Less than Yes Significant No No No Impact b) Result insubstantial soil Less than erosion or the loss of Yes Significant No No No topsoil? Impact c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result Less than of the Project, and Yes Significant No No No potentially result in on- or Impact off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on No Not No No No expansive soil, as defined in Analyzed Menifee North Specific Plan Amendment No. 5 47 City of Menifee 4 - Evaluation of Environmental Impacts Table 18-1-B of the Uniform Building Code (1997), creating substantial direct or indirect risks to Irfe or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water No Analyzed No No No disposal systems where sewers are not available for the disposal of waste water? f) Directly or indirectly Less than destroy a unique Significant paleontological resource or Yes with No No No site or unique geologic Mitigation feature? Incorporated A Preliminary Geotechnical Evaluation was prepared for each the proposed Project parcels by LGC Geotechnical, Inc. (See Appendix E). The information in this section was taken from the Preliminary Geotechnical Evaluations Proposed Project In Relation to EIR No. 329 (a.i) Fault Rupture. EIR No 329 determined that the Specific Plan area is not located within an Alquist- Priolo Fault Zone. Therefore, EIR No 329 determined that impacts would be less than significant The proposed Project is located in a seismically active area of Southern California and is expected to experience moderate to severe ground shaking during the lifetime of the Project However, the Project site is not located within a State of California Earthquake Fault Zone (i.e., Alquist- Priolo Earthquake Fault Act Zone) and no active faults are known to cross the site A fault is considered "active" if evidence of surface rupture in Holocene time (the last approximately 11,000 years) is present The possibility of damage due to ground rupture is considered low since no active faults are known to cross the sites As a mandatory condition of Project approval, the Project would be required to construct the proposed structures in accordance with the California Building Code (CBC) Detailed design -level geotechnical studies and building plans pursuant to the California Building Standards Code are required prior to approval of construction The City's Building and Safety Department would review the building plans through building plan checks, issuance of a building permit, and inspection of the building during construction, which would ensure that all required CBC seismic safety measures are incorporated into the building. Compliance with the CBC as verified by the City's review process, would reduce impacts related to strong seismic ground shaking to less than significant levels. (a.ii) Strong Seismic Ground Shaking. As described in EIR No. 329, the Planning Area lies within Groundshaking Zones II and III per the Seismic/Geologic Map, and the Specific Plan proposes Essential and Normal -Low Risk Land Uses. EIR No. 329 noted that the degree of suitability for Normal -Low Risk land uses relative to Groundshaking Zones II and III range from generally suitable to provisionally suitable and provisionally suitable to generally unsuitable respectively EIR No 329 found that the proposed Normal -Low Risk Land Uses would be considered compatible with these Groundshaking Zones However, EIR No 329 noted that proposed Essential Land Uses (school sites) range from generally unsuitable to provisionally suitable to restricted in these zones. However, EIR No. 329 noted Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts that Project structures and foundations would be designed to resist seismic forces in accordance with the criteria contained in the Uniform Building Code. Therefore, EIR No. 329 determined that impacts related to strong seismic ground shaking would be less than significant with compliance with existing regulations. The proposed Project parcels are located in a seismically active area of Southern California and are expected to experience moderate to severe ground shaking during the lifetime of the Project. As a mandatory condition of Project approval, the Project would be required to construct the proposed structures in accordance with the California Building Code (CBC) Detailed design -level geotechnical studies and building plans pursuant to the California Building Standards Code are required prior to approval of construction The City's Building and Safety Department would review the building plans through building plan checks, issuance of a building permit, and inspection of the building during construction, which would ensure that all required CBC seismic safety measures are incorporated into the building. Compliance with the CBC as verified by the City's review process, would reduce impacts related to strong seismic ground shaking to less than significant levels. (a.iii) Liquefaction. As described in EIR No 329, liquefaction hazards are considered low within the Planning Area due to the depth of groundwater (over 100 feet). Therefore, EIR No. 329 determined that impacts related to liquefaction would be less than significant. Based on a review of the County of Riverside Liquefaction Maps (RCIT, 2018), the Project parcels are located in an area depicted as having a "low" potential for liquefaction. In addition, site soils are not generally susceptible to liquefaction due to a lack of groundwater in the upper 50 feet and generally dense nature of the onsite soils. Therefore, impacts from the proposed Project related to liquefaction would be less than significant. (a.iv) Landslides. EIR No 329 determined that landsliding is not considered to be a potential hazard in the Planning Area due to the lack of slopes in the area. Therefore, EIR No. 329 determined impacts related to landslides would be less than significant. Review of readily available geologic resources and field observations of the surficial conditions do not indicate the presence of landslides on the Project parcels or in the immediate vicinity. Topographically, the site is relatively flat and is not considered susceptible to landslides, seismically -induced landslides, or other mass wasting processes (debris flows, rock falls, etc.) Therefore, the proposed Project's impacts would be less than significant (b) Erosion/Loss of Topsoil. EIR No. 329 found that Implementation of the Menifee North Specific Plan could result in short-term erosion and sedimentation impacts during project grading. EIR No. 329 also found that Project grading could result in the creation of temporarily exposed ground surfaces, thereby creating the potential for erosion and sedimentation of local drainage courses. However, In accordance with the requirements of the Riverside County Flood Control District, EIR No. 329 noted that the Project would employ erosion control devices during grading, such as temporary berms, culverts, sand -bagging or desilting basins. Also, EIR No. 329 noted that Grading Plan Development Standard No. 2 of the Specific Plan requires a Grading Plan be prepared that includes techniques employed to prevent erosion and sedimentation during and after the grading process. Therefore, EIR No. 329 determined that impacts would be less than significant. The proposed Project is within the scope of the Menifee North Specific Plan area. Reduction of the erosion potential can be accomplished through implementation of a Storm Water Pollution Prevention Plan (SWPPP), which specifies Best Management Practices for temporary erosion controls Such measures typically include temporary catch basins and/or sandbagging to control runoff and contain Menifee North Specific Plan Amendment No 5 City of Menifee 4 — Evaluation of Environmental Impacts sediment transport within the Project site The SWPPP is required for plan check and approval by the City's Building and Safety Department, prior to provision of permits for the Project, and would include construction BMPs With adherence to existing regulations, this potential impact would be considered less than significant. (c) Unstable Geologic Unit. EIR No 329 noted that the primary cause of subsidence is due to decline in static water levels caused by removal of large quantities of ground water. However, EIR No 329 found that no evidence for significant static water level declines beneath Menifee North have been indicated by ground water data Therefore, EIR No. 329 determined impacts would be less than significant. The Project parcels are relatively flat and there are no slopes on the sites that are susceptible to lateral spreading. Due to the lack of groundwater in the upper 50 feet, the low potential for liquefaction, and lack of a nearby "free face" condition, the potential for lateral spreading is considered very low. Detailed design -level geotechnical studies and building plans pursuant to the California Building Standards Code are required prior to approval of construction. Compliance with the recommendations of the site specific geotechnical study for soils conditions is a standard practice and would be required by the City Building and Safety Department. Compliance with the requirements of the California Building Standards Code as identified in a site specific geotechnical design would be reviewed by the City for appropriate inclusion, as part of the building plan check and development review process Therefore, this would reduce the potential for the above -described seismic issues to a less than significant level. (d) Expansive Soils. EIR No. 329 did not analyze impacts related to expansive soils. However, although EIR No. 329 did not address this subject, EIR No 329 contained enough information about geology and soils impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects related to expansive soils was readily available to the public The Project site is generally underlain by soils that are not considered to be expansive In addition, detailed design -level geotechnical studies and building plans pursuant to the California Building Standards Code are required prior to approval of construction Therefore, impacts related to expansive soils would be less than significant. (e) Septic Systems. EIR No. 329 did not analyze impacts related to septic systems. However, although EIR No. 329 did not address this subject, EIR No 329 contained enough information about geology and soils impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects related to septic tanks was readily available to the public The Project does not include the use of septic tanks or alternative waste water disposal systems Therefore, soils impacts related to underground septic systems would not occur. (t) Paleontological Resources. EIR No. 329 determined that the Menifee North Specific Plan could expose fossils through grading and other developmental activities, but at the same time, could destroy these same remains. As such, EIR No 329 determined that this would have a significant adverse impact on the paleontological resources of the region, and mitigation measures were incorporated to reduce the adverse impact of development and protect the paleontological resources of the area. With adherence to these measures EIR No 329 determined that impacts to paleontological resources would be less than significant 50 Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts The proposed Project has the potential to uncover and possibly destroy previously undiscovered paleontological resources As such, the proposed Project would be required to adhere to the requirements of mitigation measure MM-C.15.2, which incorporates the mitigation plan adopted in EIR No.329. With incorporation of mitigation measure MM-C.15.2, impacts from the proposed Project would be less than significant EIR No. 329 Mitigation Measures MM-C.15.2 Since the palaeontologic sensitivity for the site is very low, there is no need to have a grading monitor present on the property for near surface grading However, earth moving occurring at depths greater than 10 feet shall be monitored by a qualified paleontologist, along with older alluvium deposits which occur at depths of less than ten feet. Monitoring on a part-time basis should be satisfactory for the Project given the relatively low sensitivity of the sediments If fossils are found by the owners of the property, their agents, contractors, or subcontractors during the development of the property, they shall be reported immediately to a qualified, professional paleontologist for evaluation If grading of older alluvium occurs or earthmoving occurs at depths of more than ten feet, or if fossils are encountered on the property during development, the following mitigation procedures shall be followed: 1) The project paleontologist shall immediately evaluate the fossils which have been discovered to determine if they are significant and, if so, to develop a plan to collect and study them for the purpose of mitigation 2) A paleontologic monitor shall be immediately retained to be present during earthmoving on the property. The monitor must be empowered to temporarily halt or redirect excavation equipment if additional fossils are found to allow evaluation and removal of them if necessary. The monitor shall be equipped to speedily collect specimens if they are encountered 3) The monitor, with assistance if necessary, shall collect individual fossils and/or samples of fossil bearing sediments. If specimens of small animal species are encountered, the most time and cost efficient method of recovery is to remove a selected volume of fossil bearing earth from the grading area and stockpile it oft' site for processing by screen washing. 4) Fossils recovered during earthmoving or as a result of screen -washing of sediment samples shall be cleaned and prepared sufficiently to allow identification. This allows the fossils to be described in a report of findings and reduces the volume of matrix around specimens prior to storage, thus reducing storage costs 5) A report of findings shall be prepared and submitted to the public agency responsible for overseeing developments and mitigation of environmental impacts upon completion of mitigation. This report will minimally include a settlement of the types of paleontologic resources found, the methods and procedures used to recover them, an inventory of the specimens recovered, and a settlement of their scientific significance 6) The paleontological specimens recovered as a result of mitigation shall be donated to a qualified scientific institution where they would be afforded long term preservation to allow future scientific study Menifee North Specific Plan Amendment No 5 City of Menifee 4 —Evaluation of Environmental Impacts Cumulative Imoacts EIR No. 329 noted that impacts resulting from grading for construction of development projects in the area would alterthe natural topography of the region, and cut and fill operations would be necessary in areas designated for development of lots and pads. EIR No. 329 also noted that this may, in some cases, require extensive cut and fill operation which could impact landforms. In addition, EIR No. 329 found that because of the presence of regional faults, the potential exists for impacts as a result of a seismic episode. Finally, EIR No 329 noted that the four "Menifee" Specific Plan projects (North, Ranch, East and Estates) propose a total of approximately 13,310,200 cubic yards of earthwork in the area. However, EIR No 329 determined that the proposed Specific Plans are located on relatively flat terrain, resulting in limited impacts to hillside areas. Forthese reasons, EIR No. 329 determined that cumulative geologic impacts would be less than significant. The proposed Project is located in a rapidly urbanizing area and are designated in the City's General Plan and Zoning Code for urban development Cumulative impacts related to development of the Project parcels with residential uses in conjunction with other development projects in the area were analyzed in the Environmental Impact Report prepared for the City of Menifee 2013 General Plan and were determined to be less than significant The proposed Project would be required to implement the recommendations of the geotechnical investigation and comply with the seismic design guidelines of the California Building Code. Therefore, the cumulative geology and soils impact from the proposed Project would be less than significant. Conclusion The proposed Project would either have no impacts or less than significant impacts related to geologic and soil constraintswith implementation of standard grading, dust control, and erosion control measures and adhering to existing regulatory compliance. There are no known paleontological resources or unique geologic features within the Specific Plan area; however, mitigation is required to ensure impacts to paleontological resources would be less than significant. The Project would be within the scope of what is permitted by the Specific Plan and what was evaluated in EIR No 329 and would not produce new or substantially more severe environmental impacts. As such, no subsequent environmental analysis and no new mitigation are required. Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts 4.8 - Greenhouse Gas Emissions Would the Project: Effect Examined In EIR No. 329? — Conclusion In EIR No. 329? Proposed Changes Involving New or More Severe Impacts? New i New Information Circumstances Showing New Involving New or Mora or More Severe Severe Impacts? Impacts? a) Generate greenhouse _ gas emissions, either directly or indirectly, that NO Not No No No may have a significant Analyzed impact on the environment? b) Conflictwithan applicable plan, policy or regulation adopted for the No Not No No No purpose of reducing the Analyzed emissions of greenhouse gases? A Trip Generation, Air Quality and Greenhouse Gas Supplemental Memorandum was prepared for the proposed Project by MIG, Inc. (See Appendix B). The information in this section was taken from the Trip Generation, Air Quality and Greenhouse Gas Supplemental Memorandum. Proposed Protect In Relation to EIR No. 329 (a-b) Greenhouse Gas Emissions. EIR No. 329 did not specifically address GHG emissions or climate change impacts; however, EIR No. 329 did conclude "climate and air quality" would have a significant impact (pg V-156) However, although EIR No. 329 did not address this subject, EIR No. 329 contained enough information about air quality and energy impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects related to greenhouse gas emissions was readily available to the public. Gases that trap heat in the atmosphere and affect regulation of the Earth's temperature are known as Greenhouse Gases (GHG). GHG that contribute to climate change are a different type of pollutant than criteria or hazardous air pollutants because climate change is global in scale, both in terms of causes and effects. The six most common GHGs are carbon dioxide (CO2), methane (CH,), nitrous oxide (N20), sulfur hexafluoride, hydrofluorocarbons (HFCs), and per -fluorocarbons (PFCs). GHG emissions from human activities contribute to overall GHG concentrations in the atmosphere and the corresponding effects of global climate change (e.g., rising temperatures, increased severe weather events such as drought and flooding), Although EIR No. 329 did not specifically address GHG emissions, the Air Quality analyses contained in these documents did include several mitigation measures pertaining to construction emissions, energy resources and vehicle miles travelled (VMT). MM-C.6.1 includes a requirement to properly maintain construction equipment, which would lower GHGs by avoiding inefficient combustion. MM- D.1.2 requires the addition of a bikeway, and MM-D.1.3 and MM-D.1.4 recommend the addition of bus stops and park-n-rides, respectively. MM-D.1.2 to MM-D.1.4 would reduce VMT and GHGs by providing Menifee North Specific Plan Amendment No. 5 City of Menifee 4—Evaluation of Environmental Impacts alternatives to single occupancy vehicle trips. MM-C.13 1 and MM-C.13.2 encourage passive solar heating techniques and requires compliance with Title 24 of the California Administrative Code, respectively, which would lower GHGs by reducing energy consumption Over the last couple of decades, the State of California has implemented numerous plans, policies, and regulations to curtail GHG emissions and address the effects of climate change. Many of these actions are enacted at the State level; however, local air districts provide guidance to local lead agencies on determining the significance of project GHG emissions in their CEQA documents. The following regulatory actions would result in the reduction of GHG emissions past what would have been estimated when EIR No 329 was approved in 1993 Assembly Bill 32 (Caldorn,a Global Warming Solutions Act) and Related GHG Emission Reduction Goals In September 2006, Govemor Amold Schwarzenegger signed AB 32, the Califomia Climate Solutions Act of 2006 AB 32 establishes the caps on statewide GHG emissions proclaimed in Executive Order (ED) S-3-05 and established the timeline for meeting State GHG reduction targets. The deadline for meeting the 2020 reduction target is December 31, 2020 As part of AB 32, CARB determined 1990 GHG emissions levels and projected a "business -as -usual' (BAU)" estimate for 2020, to determine the amount of GHG emission reductions that would need to be achieved In 2007, CARB approved a statewide 1990 emissions level and corresponding 2020 GHG emissions limit of 427 million MTCO2e (CARB 2007). In 2008, CARB adopted its Climate Change Scoping Plan, which projects 2020 statewide GHG emissions levels of 596 million MTCO2e and identifies numerous measures (i.e., mandatory rules and regulations and voluntary measures) that would achieve at least 174 million MTCO2e of GHG reductions and bring statewide GHG emissions to 1990 levels by 2020 (GARB 2009). EO B-30-15, 2030 Carbon Target and Adaptation, issued by Govemor Brown in April 2015, set a target of reducing GHG emissions by 40 percent below 1990 levels in 2030. To achieve this ambitious target, Governor Brown identified five key goals for reducing GHG emissions in California through 2030: • Increase renewable electricity to 50 percent. Double energy efficiency savings achieved in existing buildings and make heating fuels cleaner • Reduce petroleum use in cars and trucks by up to 50 percent. • Reduce emissions of short-lived climate pollutants. • Manage farms, rangelands, forests, and wetlands to increasingly store carbon. By directing State agencies to take measures consistent with their existing authority to reduce GHG emissions, EO B-30-15 establishes coherence between the 2020 and 2050 GHG reduction goals set by AB 32 and seeks to align Califomia with the scientifically established GHG emissions levels needed to limit global warming below two degrees Celsius To reinforce the goals established through EO B-30-15, Governor Brown signed SB 32 and AB 197 on September 8, 2016. SB 32 made the GHG reduction target (to reduce GHG emissions by 40 percent below 1990 levels by 2030) a requirement, as opposed to a goal AB 197 gives the Legislature additional BAU is a term used to define emissions levels without considering reductions from future or existing programs or technologies Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts authority over CARB to ensure the most successful strategies for lowering emissions are implemented, and requires CARB to, "protect the State's most impacted and disadvantaged communities ...[and] consider the social costs of the emissions of greenhouse gases " Executive Order B-55-18 AB 1279, and SB 1020 On September 10, 2018, Governor Brown signed Executive Order B-55-18, to achieve carbon neutrality by moving California to 100% dean energy by 2045. This Executive Order also includes specific measures to reduce GHG emissions via clean transportation, energy efficient buildings, directing cap - and -trade funds to disadvantaged communities, and better management of the State's forest land On September 16, 2022, Governor Newson signed into law AB 1279. the California Climate Crisis Ad, and SB 1020, the Clean Energy, Jobs, and Affordability Ad of 2022 AB 1279 codified California's 2045 carbon neutrality goal and established a GHG emission reduction target of 85 % below 1990 levels. SB 1020 set targets for the retail sale of electricity of 90 % clean electricity by 2035 and 95 % by 2040, and 100% by 2045. It also set a target for 100% clean electricity for electricity serving state agencies by 2035. CARS Scoping Plan The CARB Scoping Plan is the comprehensive plan primarily directed at identifying the measures necessary to reach the GHG reduction targets stipulated in AB 32. The second update to the scoping plan, the 2017 Climate Change Scoping Plan update (CARB 2017b), was adopted by CARB in December 2017 The primary objective for the 2017 Climate Change Scoping Plan is to identify the measures required to achieve the mid-term GHG reduction target for 2030 (i.e.. reduce emissions by 40 percent below 1990 levels by 2030) established under EO B-30-15 and SB 32. The Draft 2022 Scoping Plan was released in May 2022 The plan presents a scenario for California to meet the State goal of reducing GHG emissions 40% below 1990 levels by 2030 and to achieve carbon neutrality by 2045 (GARB 2022b). The Draft 2022 Scoping Plan is expected to be finalized in the fall of 2022. City of Menfee Greenhouse Gas Reduction Policy and Implementation Slratepie5 The City of Menifee adopted the proposed GHG Reduction Policy and Implementation Strategies as part of the City's General Plan (City of Menifee 2013a) As part of City review, the proposed Project would need to be consistent with the General Plan, including the GHG Reduction Policy and Implementation Strategies The proposed SPA No. 5 keeps the same number of allowed dwelling units proposed in SP-260 however, TTM 31832 proposes one less unit than PA 9 allows (169 proposed from 170 allowed) and does not include any substantial changes. In addition, the State has implemented regulations to reduce GHGs and vehicles and energy have become more efficient since the approval of EIR No. 329. Therefore, it is expected that the Project would result in lower GHG emissions than Menifee North Specific Plan analyzed by EIR No 329 Furthermore, as described below, the GHG emissions from the proposed Project would not be considered new information of substantial importance. New Information of Substantial Importance Pursuant to CEQA Guidelines Seclion 15162(a)(3) The potential effects of GHG emissions and climate change were generally known when the original 1982 MCSP EIR and the amended 1994 MCSP IS/MND were prepared by the City. For instance, in Massachusetts v. EPA (2007), the United States Supreme Court explained the issue of global climate change began gamering governmental attention long before the City certified the 1982 MCSP EIR The opinion in Massachusetts v. EPA (2007) states: "In the late 1970's, the Federal Government began devoting serious attention to the possibility that carbon dioxide emissions associated with human activity could provoke climate change In 1978, Congress enacted the National Climate Program Act, 92 Stat 601, which required the Menifee North Specific Plan Amendment No 5 55 City of Menifee 4 — Evaluation of Environmental Impacts President to establish a program to 'assist the Nation and the world to understand and respond to natural and man -induced climate processes and their implications,' [citation] President Carter, in turn, asked the National Research Council, the working arm of the National Academy of Sciences, to investigate the subject. The Council's response was unequivocal: 'If carbon dioxide continues to increase, the study group finds no reason to doubt that climate changes will result and no reason to believe that these changes will be negligible .. A wait -and -see policy may mean waiting until it is too late."' (549 U.S. at pp 507-508.) In addition, the Court of Appeal of California, Fourth Appellate District, in C R.E.E.D. v. City of San Diego (2011), found a Supplemental EIR is not necessarily required instead of an Addendum to an EIR on the basis of GHG emissions, since information on the effects GHG emissions have on climate change were known long before the City of San Diego approved the 1994 EIR for a development project. Furthermore, in Concerned Dublin Citizens v. the City of Dublin (2013), the Court of Appeal of California, First Appellate District, found the adoption of guidelines for analyzing and evaluating the significance of data does not constitute new information of substantial importance if the underlying information was otherwise known or should have been known at the time the EIR was certified Since the effects of GHG emissions associated with EIR No. 329 could have been raised by the public and agencies in 1993 when the City considered the EIR, the analyses contained in this memorandum do not constitute new information of substantial importance For the reasons outlined above, there is no new information of substantial importance pertaining to the proposed Project, which was not known and could not have been known with the exercise of reasonable diligence at the time the City certified EIR No 329, which shows: • The proposed Project will have one or more significant GHG effects not discussed in EIR No. 329; • The proposed Project will result in substantially more severe significant GHG effects than previously examined in the EIR No. 329; • There are no mitigation measures or alternatives found to be infeasible in EIR No 329 that are now feasible and will substantially reduce significant effects of the proposed project, but are being declined for adoption by the proponent or the City; and • There are no mitigation measures or alternatives considerably different than those identified in EIR No 329 needed to substantially reduce significant effects of the proposed project, but are being declined for adoption by the proponent or the City. Conclusion EIR No 329 did not analyze GHG emissions. The proposed Project consists of a reduction in dwelling units and does not involve substantial changes that require major revisions to EIR No. 329 Therefore, GHG impacts from the proposed Project would be significant The Project would be within the scope of what is permitted by the Specific Plan and what was evaluated in EIR No 329 and would not produce new or substantially more severe environmental impacts As such, no subsequent environmental analysis and no new mitigation are required. Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts 4.9 - Hazards and Hazardous Materials Would the Project: Proposed New Changes New hrtoremtion Effect Involving New Circumstances SftwMng Examined Conclusion or More Involving New New or More In EIR No. In EIR No. Severe or More Severe Severe 329? 329? I Impacts? Imparts? Impacts? a) Create a significant hazard to the public or the Less than environment through the Yes Significant No No No routine transport, use, or Impact disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable Not upset and accident No Analyzed No No No conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, NO Not No No No substances, or waste Analyzed within one -quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Not Government Code Section No Analyzed No No No 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public No Not No No No airport or public use airport, Analyzed would the Project result in a safety hazard or excessive noise for people residing or working in the Menifee North Specific Plan Amendment No 5 57 City of Menifee 4 — Evaluation of Environmental Impacts Project area? f) Impair implementation of or physically interfere with an adopted emergency response plan No Not Analyzed No No No or emergency evacuation plan? h) Expose people or structures, either directly or Not indirectly, to a significant No Analyzed No No No risk of loss, injury or death involving wildland fires? A Phase I Environmental Site Assessment was prepared for each of the proposed Project parcels by Hillman Consulting (See Appendix F) Much of the information in this section was taken from the Phase 1 Environmental Site Assessments. Proposed Project In Relation to EIR No. 329 (a) Transport, Use or Disposal of Hazardous Materials. EIR No. 329 noted that the Menifee North Specific Plan would not generate any toxic waste EIR No 329 also noted that the industrial, commercial, and business park land uses proposed in the Planning Area require submittal of a Plot Plan, which requires applications to contain the following information: 1) A description of the proposed industrial operation in sufficient detail to fully describe the nature and extent of the proposed use. 2) Plans or reports describing proposed methods for handling traffic, noise, glare, odor, vibration, hazardous gases, liquids and other materials. 3) Plans or reports showing proposed method for treatment and disposal of sewage and industrial and toxic waste materials. EIR No 329 noted that mitigation of any potential impacts associated with toxic substances would be addressed at the Plot Plan stage of project development However, EIR No. 329 noted that it is not anticipated that future industrial tenants would generate toxic substances within the Planning Area Therefore, EIR No 329 determined that impacts would be less than significant. During construction, there would be a minor level of transport, use, and disposal of hazardous materials and wastes that are typical of construction projects. This would include, but is not limited to, fuels and lubricants for construction machinery, coating materials, and other building materials. Federal, state, and local regulations associated with construction sites and use of associated hazardous materials include routine construction control measures and best management practices for hazardous materials storage, application, waste disposal, accident prevention and dean -up. These uniformly applicable standards would be sufficient to reduce potential impacts to a less than significant level. The proposed Project would develop residential subdivisions The proposed Project consists of residential uses that do not require the transport, use, or disposal of hazardous materials The proposed residential uses also do not generate toxic waste Therefore, the proposed Project would have a less than significant impact with regard to the routine transport, use, and disposal of hazardous materials. (b) Reasonably Foreseeable Upset and Accident Conditions. EIR No. 329 did not analyze impacts related to reasonably foreseeable upset and accident conditions involving the release of hazardous Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts materials into the environment. However, although EIR No 329 did not address this subject, EIR No. 329 contained enough information about hazards and hazardous materials impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects related to reasonably foreseeable upset and accident conditions was readily available to the public The proposed Project would not include demolition of any existing buildings or structures that could possibly contain asbestos or lead. According to the project Phase I ESA, there are several stockpiles of soil on the northwest portion of Planning Area 9 that would require sampling before removal off -site. In addition, this portion of Planning Area 9 is included on the city of Menifee's Permitted Biosolids/Sludge Application Map as a Composite Field However, a review of the Phase I ESA boring and trench samples shows no indication whatsoever of past sludge dumping, and there are no visible piles, truck tracks, or drainage changes in the historical aerials that would suggest sludge dumping has occurred on the site. Furthermore, this portion of the planning area is not shown on any governmental database entries for any solid waste or disposal activities As such, no further soil sampling or testing is necessary and preparation of a Phase II ESA is not required Finally, as a residential land use the proposed Project would not emit hazardous emissions or handle hazardous materials. Therefore, the Project would not create a significant hazard to the public or to the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Mandatory federal, state, and local regulations would reduce the risk to the public or environment from upset and accident conditions to a less than significant level. (c) Proximity to Schools. EIR No 329 did not analyze impacts related to hazardous emissions or the handling of hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school. However, although EIR No. 329 did not address this subject, EIR No. 329 contained enough information about hazards and hazardous materials impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects related to use of hazardous materials near schools was readily available to the public. Romoland Elementary School and Harvest Valley Elementary School are located within one -quarter mile of the Project area As stated in section 4 9 a above, construction activities resulting from the proposed Project may involve the transport, use, and disposal of hazardous waste materials. However, construction activities are subject to uniformly applicable standards set forth by federal, state, and local agencies. Operational activities resulting from the proposed residential uses would not emit any hazardous emissions or result in the handling of hazardous or acutely hazardous materials, substances, or waste As a result, potential Project impacts from emitting hazardous emissions, handling hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of existing or proposed schools would be less than s,gnrfcant. (d) Government Code Section 65962. EIR No 329 did not analyze impacts related to Government Code Section 65962. However, although EIR No. 329 did not address this subject, EIR No 329 contained enough information about hazards and hazardous materials impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects related to Government Code Section 65962 was readily available to the public. The proposed Project is not located on a site listed on the State Cortese List, a compilation of various sites throughout the State that have been compromised due to soil or groundwater contamination from past uses. Based upon review of the Cortese List, the Project site is not: Menifee North Specific Plan Amendment No 5 City of Menifee 4 — Evaluation of Environmental Impacts • listed as a hazardous waste and substance site by the Department of Toxic Substances Control (DTSC)(Cortese List), • listed as a leaking underground storage tank (LUST) site by the State Water Resources Control Board (SWRCB), • listed as a hazardous solid waste disposal site by the SWRCB, • currently subject to a Cease and Desist Order (CDO) or a Cleanup and Abatement Order (CAO) as issued by the SWRCB, or developed with a hazardous waste facility subject to corrective action by the DTSC. Therefore, the proposed Project would not create a significant hazard to the public or the environment (e) Airport Land Use Plan. EIR No. 329 did not analyze impacts related to airport hazards However, although EIR No 329 did not address this subject, EIR No 329 contained enough information about hazards and hazardous materials impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects related to projects located within an airport land use plan was readily available to the public There are no public airports or private airstrips within two miles of the Project site. The nearest airport is the Perris Valley Airport, which is more than three miles to the northwest of the Project area No impacts related to airport hazards would occur. (g) Emergency Plans. EIR No 329 did not analyze impacts related to impairment or physical interference with an adopted emergency response plan or emergency evacuation plan. However, although EIR No 329 did not address this subject, EIR No. 329 contained enough information about hazards and hazardous materials impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects related to impairment of emergency plans was readily available to the public Pursuant to state Fire and Building Codes, sufficient space would have to be provided around the proposed residential structures for emergency personnel and equipment access and emergency evacuation All Project elements, including landscaping, would be sited with sufficient clearance from proposed structures so as not to interfere with emergency access to and evacuation from structures. The proposed Project also includes improvements to Palomar Road in order to provide access to TTM 38312.The Project also includes extension of Malone Avenue south of Watson Road to Varela Lane and the extension of Calle de Caballos in order to provide access to TTM 38133 However, the Project does not propose the closure of any roadways. The Project is required to comply with the California Fire Code as adopted by the Menifee Municipal Code. Internal roads within the proposed residential subdivisions would allow emergency access and evacuation from the site and would be constructed per California Fire Code specifications. The proposed Project would provide adequate maneuvering space for emergency response vehicles (e g., fire trucks) Therefore, the Project would not impair implementation of or physically interfere with an adopted emergency response plan or evacuation plan. Impacts would be less than significant. (h) Wildfire Risks. EIR No 329 did not analyze impacts related to wildfire risks. However, although EIR No 329 did not address this subject, EIR No 329 contained enough information about hazards and hazardous materials impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects related to wildfire risks was readily available to the public According to the latest Fire Hazard Severity Zone (FHSZ) maps prepared by the California Department of Forestry and Fire Protection (CALFIRE), the Specific Plan area, including the Project site, is not Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts designated as a Very High Fire Hazard Severity Zone in a Local Responsibility Area (LRA) Therefore, impacts related to wildfire would be less than significant. Cumulative Impacts EIR No 329 did not analyze cumulative impacts related to hazards and hazardous materials. The proposed Project is located in a rapidly urbanizing area and is designated in the City's General Plan and Zoning Code for urban development. Cumulative impacts related to development of the Projectsite with residential uses in conjunction with other development projects in the area were analyzed in the Environmental Impact Report prepared for the City of Menifee 2013 General Plan and were determined to be less than significant. The proposed Project would be required to comply with all federal, state, and local regulations pertaining to the handling, transport, and disposal of hazardous waste and materials. Therefore, proposed Project's cumulative hazards and hazardous materials impacts would be less than significant. Conclusion As outlined above, the Project has no impact or less than significant impacts related to hazardous materials, airport hazards, or wildfires. The Project would be within the scope of what is permitted by the Specific Plan and what was evaluated in EIR No. 329 and would nol produce new or substantially more severe environmental impacts. As such, no subsequent environmental analysis and no new mitigation measures are required. Menifee North Specific Plan Amendment No 5 City of Menifee 4 — Evaluation of Environmental Impacts 4.10 - Hydrology and Water Quality Would the Project: preposed 1 1- New Changes New wormatlon Effect Involving New Circumstances Showing Examined Conclusion or More Involving New Now or More In EIR Na In EIR No. Severe or More Severe Saves 329? 329? Impacts? Impacts? Impacts? a) Violate any water quality standards or waste discharge requirements or Less than otherwise substantially Yes Significant No No No degrade surface or ground Impact water supply? b) Substantially decrease groundwater supplies or interfere substantially with Less than groundwater recharge such Yes Significant No No No that the project may impede Impact sustainable groundwater management of the basin? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would: i) result in substantial Less than erosion or siltation on- Yes Significant No No No or off -site; Impact ii) substantially increase the rate or amount of surface runoff Less than in a manner which Yes Significant No No No would result in flooding Impact on- or off -site; iii) create or contribute runoff water which would exceed the capacity of existing or Less than planned stormwater Yes Significant No No No drainage systems or Impact provide substantial additional sources of polluted runoff; or Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts iv) impede or redirect flood flows? Yes Less than Significant Impact No No No d) In flood hazard, tsunami, or seiche zones, NO Not No No No risk release of pollutants Analyzed due to project inundation? e) Conflict with or obstruct implementation of a water Not quality control plan or No Analyzed No No No sustainable groundwater management plan? Proposed Project In Relation to EIR No. 329 (a) Violate Water Quality Standards or Degrade the Water Supply. EIR No. 329 noted that due to the present agricultural use of the Planning Area, it is anticipated that runoff would likely contain agricultural pollutants, such as fertilizers, pesticides, etc. EIR No. 329 also noted that runoff entering the storm drain system would contain minor amounts of pollutants typical of urban use, including pesticides, fertilizers, oil and rubber residues, detergents, hydrocarbon particles and other debris. EIR No. 329 found that this runoff, typical of urban use, would contribute to the incremental degradation of water quality downstream. Pursuant to requirements of the State Water Resources Control Board, EIR No. 329 found that a state-wide general National Pollution Discharge Elimination System (NPDES) construction permit would apply to all construction activities within the Planning Area. EIR No 329 noted that the developer or builder would be required to obtain the appropriate NPDES construction permit prior to commencing grading activities, and all development within the Specific Plan boundaries would be subject to future requirements adopted by the County to implement the NPDES program. Therefore, EIR No 329 determined that impacts to water quality or degradation of the water supply would be less than significant with adherence to existing regulations. The proposed Project could have an impact on surface water quality if discharges associated with the Project would create pollution, contamination, or nuisance as defined in Water Code Section 13050, or if the Project would cause regulatory standards to be violated as defined in the applicable National Pollutant Discharge Elimination System (NPDES) stormwater permit or Water Quality Control Plan for a receiving water body. For the purpose of this issue, a significant impact could occur if the proposed Project would discharge water that does not meet the quality standards of the agencies which regulate surface water quality and water discharge into stormwater drainage systems. Significant impacts could also occur if the proposed Project does not comply with all applicable regulations with regard to surface water quality as governed by the State Water Resources Control Board (SWRCB). These regulations include preparation of a Stormwaler Pollution Prevention Plan (SWPPP) and Water Quality Management Plan (WQMP) to reduce construction and post -construction water quality impacts A project -specific WQMP would be prepared for Project parcels to address water quality impacts from operational activities. The WQMP would be prepared consistent with the requirements contained in the Riverside County Water Quality Management Plan for the Santa Ana River Region or other requirements as established by the RWQCB (Santa Ana Region). Implementation responsibilities for the measures contained in the Project -specific WQMP must be clearly detailed. A discussion of the proposed Project's construction and operation water quality impacts is provided below Menifee North Specific Plan Amendment No 5 City of Menifee 4 — Evaluation of Environmental Impacts Construction Impacts Three general sources of potential short-term, construction -related stormwater pollution associated with the proposed Project include: 1) the handling, storage, and disposal of construction materials containing pollutants; 2) the maintenance and operation of construction equipment; and 3) earth -moving activities which, when not controlled, may generate soil erosion via stone runoff or mechanical equipment. The proposed Project would disturb approximately 60 acres of land and would be subject to NPDES permit requirements during construction activities Pursuant to the Menifee Municipal Code Sec. 15 01 015, new development or development projects shall control stormwater runoff so as to prevent any deterioration of water quality that would impair subsequent or competing uses of the water. The Project applicant is also required to prepare an SWPPP designed to reduce construction -related stormwater pollution to the maximum extent practicable Implementation of the Project SWPPP would ensure that construction -related water quality impacts are less than significant Operational Impacts Construction of the proposed Project would permanently increase impervious area on the Project site. The proposed Project would be subject to post -construction Best Management Practices (BMPs) to address increases in impervious surfaces, methods to decrease incremental increases in off -site stormwater flows, and methods for decreasing pollutant loading in off -site discharges as required by the applicable NPDES requirements Common post -construction BMPs include filtering stormwater through vegetated areas or into collection ponds prior to discharging into the City's storm drain system The proposed residential uses would not generate hazardous wastewater that would require any special waste discharge permits. The Preliminary Water Quality Management Plan (PWQMP) outlines site design BMPs, source control BMPs, and treatment control BMPs to protect water quality Site design BMPs include directing primary flow to water quality basins prior to discharge in offsite storm drains, preserving the existing secondary drainage pattern (which flows in a northeasterly direction), and minimizing impervious area to the extent feasible and replacing with planting/landscaping Source control BMPs include the following: providing integrated pest management (IPM) information to new owners, lessees, and operators; installing grease interceptors for drains located within food service operations; designing site drainage to flow away from trash enclosures and minimize runoff from trash enclosures; and sweeping plazas, sidewalks, and parking lots regularly to prevent accumulation of litter and debris and to prevent trash entry into the stone drain system. Treatment control BMPs include removing pollutants of concern via bioretention basins Water quality basins would be highly effective at removing the following pollutants of concem: bacterial indicators, metals, nutrients, pesticides, toxic organic compounds (solvents and petroleum hydrocarbons), and sediments With implementation of a combination of site design BMPs, source control BMPs, and treatment control BMPs, water quality impacts related to operation of the proposed Project would be less than significant. Implementation of these measures would ensure that the proposed Project complies with federal, state, and local regulatory requirements and would reduce water quality impacts to less than significant levels. (b) Groundwater Supplies. EIR No. 329 noted that several water lines exist in the Planning Area, and development of the Specific Plan would require the existing water system to be expanded by placing new water mains on all proposed streets as well as extending new mains on existing streets to complete a looped watermain system It was also noted that EMWD indicated that the Menifee North Specific Plan would be required to participate in the cost of the construction of a 5 million gallon water storage tank A preliminary Plan of Services, dated November 19, 1992 was prepared by Eastern Municipal Water District This Plan of Services provides updated estimates of project related water demands by pressure zone It also provides preliminary design concepts for the provision of domestic and reclaimed water and sewer service to the Menifee North and Menifee Ranch Specific Plans EIR No. 329 also anticipated that EMWD would require the Specific Plan to construct a system of "dry" reclaimed water Addendum to EIR No 329 December 19, 2023 4 —Evaluation of Environmental Impacts lines so the Specific Plan can ultimately utilize reclaimed water for specific irrigation upon completion of the necessary facility construction bringing reclaimed water near the area EIR No. 329 noted that the District was constructing reclaimed water system facilities which include Winchester area holding ponds located at the intersection of Simpson and Leon Roads (approximately one-half to one mile southeast of the subject project), a transmission pipeline aligned generally along Winchester and Leon Roads extending from the District's Temecula Valley Regional Water Reclamation Facility (TVRWRF) (located in the City of Temecula) to the Winchester area holding ponds, and pumping facilities located along the transmission pipeline. EIR No. 329 found that the design and construction of off -site and on - site reclaimed water system improvements would be necessary to accomplish the delivery of reclaimed water to the Planning Area. EIR No. 329 noted that developers must submit information that describes estimates of reclaimed water demand, and landscape/irrigation conceptual plans to the District for evaluation. At the time of the District's evaluation, a determination would be made regarding District requirements for reclaimed water use and system improvements by the developer. EIR No. 329 found that the District's facilities Master Plan indicated that off -site pipelines would be aligned along Simpson Road west of Leon Road, and logically along Briggs Road and/or Menifee Road north of Simpson Road to the Planning Area. Also, a pipeline may be aligned along the AT&SF railroad extending from the PVRWRF, through the Planning Area, to Menifee Road. EIR No. 329 determined that the payment of fees to EMWD would prevent any negative financial impacts to the District It was noted that EMWD would collect a maximum of $3,500 per unit from developers in the area for construction of the Romoland Treatment Plant Expansion, all lines would be designed per EMWD requirements, and the infrastructural system would be installed to the requirements of the County's Engineering Department In addition, it was noted that the following State laws require water efficient plumbing fixtures in structures to minimize water use in the Planning Area: • Health and Safety Code Section 17921 3 requires low -flush toilets and urinals in virtually all buildings. • Title 20, California Administrative Code Section 1604(0 (Appliance Efficiency Standards) establishes efficiency standards that set the maximum flow rate of all new showerheads, lavatory faucets, etc. • Title 20. California Administrative Code Section 1601(b) (Appliance Efficiency Standards) prohibits the sale of fixtures that do not comply with regulations. • Title 24, California Adminisl:l-ative Code Section 2-5307(b) (California Energy Conservation Standards for New Buildings) prohibits the installation of fixtures unless the manufacturer has certified to the CEC compliance with the flow rate standards. • Title 24, California Administrative Code Sections 2-5452(i) and 0) address pipe insulation requirements, which can reduce water used before hot water reaches equipment or fixtures. • Health and Safety Code Section 4047 prohibits installation of residential water softening or conditioning appliances unless certain conditions are satisfied • Government Code Section 7800 specifies that lavatories in all public facilities be equipped with self -closing faucets that limit flow of hot water. Additionally, EIR No. 329 found that water demands would be further mitigated through implementation of Water and Sewer Plan Development Standards of the Specific Plan For these reasons, EIR No 329 determined that water -related impacts would be less than significant. If the proposed Project removes an existing groundwater recharge area or substantially reduces runoff that results in groundwater recharge such that existing wells would no longer be able to operate, a potentially significant impact could occur Impacts to groundwater could also occur if the proposed Project substantially depletes groundwater supplies. However, Project -related grading would not reach Menifee North Specific Plan Amendment No 5 City of Menifee 4 — Evaluation of Environmental Impacts groundwater depths and no disturbance of groundwater is anticipated. The proposed Project would increase impervious surface coverage in the area, thereby reducing the total amount of infiltration However, infiltration of irrigation water through soil and water from runoff through infiltration basins would ensure continued groundwater recharge in Men'rfee as impervious surfaces increase The Specific Plan area is not utilized for groundwater recharge and would include landscaped areas that would serve as infiltration. Because this Project area is not managed for groundwater supplies and the Project would provide landscaped areas for continued infiltration, this change in infiltration would not have a significant effect on groundwater table level For these reasons, Project -related impacts to groundwater supplies would be less than significant. (c.i) Substantial Erosion or Siltation. EIR No 329 noted that implementation of the Menifee North Specific Plan would alter the composition of surface runoff by grading site surfaces, by construction of impervious streets, roofs and parking facilities, and by irrigation of landscaped areas. However, EIR No 329 incorporated mitigation requiring erosion to be controlled by positive drainage of the Planning Area and planting of erosion -resistant vegetation. With incorporation of miligation, EIR No 329 determined that impacts related to drainage would be less than significant. Development of the proposed Project would affect the drainage system and would result in greater areas of impervious surfaces (such as streets, sidewalks and parking lots) in the Specific Plan area. Instead of absorbing into the ground, water on impervious surfaces runs -off and drains into the local drainage system, potentially increasing the amount of storm water runoff. Potentially significant impacts to the existing drainage pattern of the site or area could occur if development of the proposed Project results in substantial on- or off -site erosion or siltation As such, the proposed Project would be required to adhere to the requirements of mitigation measures MM-C.2 1 through MM-C.2 5. The Project would include stormwater and drainage improvements that would direct stormwater into the municipal stormwater collection system Project roadways would include a series of stormwater conveyance pipes and proposed residential developments would include stormwater drainage that would direct stormwater into the stormwater conveyance system beneath the roadways. Therefore, the drainage pattern would not be substantially altered in a manner that could cause increases in erosion off -site. Erosion and siltation reduction measures would be included in the Project design and implemented during construction. At the completion of construction, the Project would consist of impervious surfaces and would therefore not be prone to substantial erosion. Finally, the Project would not alter the course of a river or stream. With incorporation of mitigation measures MM-C 2 1 through MM-C 2.5, impacts related to erosion and siltation would be less than significant. EtR No. 329 Miugatron Measures MM-C.2.1 Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over any cut and fill slopes. Where water is collected in a common area and discharged, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. MM-C.2.3 Maximum inclination of all cut and fill slopes shall be 2 horizontal to 1 vertical. MM-C.2.4 Final determination of the foundation characteristics of soils within on -site development areas shall be performed by a geotechnical engineer. MM-C.2.5 Prior to issuance of grading permits, a seismic refraction survey shall be conducted to evaluate the rippability characteristics of the bedrock on -site indicating the approximate rippability of the bedrock materials at various depths for grading purposes. Addendum to EIR No. 329 December 18, 2023 4 — Evaluation of Environmental Impacts (c.ii) Flooding from Runoff. EIR No. 329 noted that there were no existing storm dram fact,ties located within the boundaries of the Specific Plan at the time it was wntten. However, EIR No 329 noted that south of State Highway 74 and near the eastern end of the Planning Area were three separate underground reinforced concrete pipe systems between Sultanas Avenue and Leon Road, which acted to de -water existing development as well as off -site flows It was noted that these systems discharge their flows into the existing golf course channel located east of the Planning Area, as shown on Figure III-5. Regional Drainage Plan of the Specific Plan EIR No. 329 also noted that Line 1 C of the Homeland Master Drainage Plan (MDP), reaching from Mapes Road north to Alicante Avenue, existed as a concrete lined trapezoidal channel with a depth of four feet, bottom width of four feet, and 1.5:1 side slopes. It was also noted that there existed approximately 050 lineal feet of Line I reaching from Alicante Avenue to the south, constructed as a concrete lined trapezoidal channel. In addition, several low flow pipe culverts were noted to exist at various locations along State Highway 74 conveying storm flows underneath the roadway However, it was found that these culverts were interim in nature and were not considered adequate to handle flows from a major storm event, and that the construction of proposed MDP facilities could mitigate this drainage problem EIR No 329 found that development of the Menifee North Specific Plan would result in increased runoff due to the creation of impervious surfaces, and it was estimated that for the developed condition, 100- year storm rows would increase by 15-20' increasing downstream flows in the San Jacinto River. EIR No. 329 nwed that Figure V-7. Master Drainage Plan of the Specific Plan, depicts the proposed MDP for Menifee North, which had been designed to accommodate on -site and tributary flows, providing protection from 100-year storm. It was noted that plan proposed alternative alignments to those shown on the Romoland and Homeland MDPs at the time, but that the Specific Plan proposed the construction of MDP improvements. In addition, EIR No. 329 found that due to increased runoff, on -site retention basins would be required to be constructed. EIR No 329 noted that all improvements would be constructed in accordance with the standards of the Riverside County Flood Control District (RCFCD), and the Specific Plan incorporates MDP improvements designed to reduce the impacts of increased surface runoff and provide 100-year flood protection to the Planning Area EIR No 329 anticipated that many of those facilities would be constructed as part of the conditions of approval and at the discretion of the RCFCD. It was further noted that credit against drainage fees would be given to developer for all ADP facilities constructed to serve the Planning Area EIR No 329 found that the Planning Area lies within the boundaries of the Homeland and Romoland Area Drainage Plans and would be subject to a per acre assessment fee, thereby contributing to regional drainage mitigation programs in the area. If required by RCFCD, EIR No 329 noted that a floodplain analysis for existing conditions would be performed to the satisfaction of the RCFCD and utilizing the Corps of Engineers HEC-2 computer program As development occurs within the floodplain, EIR No. 329 noted that the alteration of the floodplain must also be determined under developed conditions. As such, it was anticipated that the RCFCD may require that the MDP's for Homeland and Romoland be revised to better reflect changes in land use, zoning and changes in hydrological data used to calculate peak flow rates. and the MDP's should be revised to work in harmony with the proposed Specific Plan Finally, EIR No. 329 found that the Area Drainage Plan for both MDP's should also be revised to reflect new costs in construction of proposed storm drain facilities, consequently updating the drainage fee schedule In order to mitigate potential downstream impacts resulting from increased project flows, EIR No 329 noted that the use of detention basins would be required Therefore, with adherence to the standards of the RCFCD, EIR No 329 determined that impacts would be less than significant. Polenealty significant impacts to the existing drainage pattern of the site or area could occur if development of the proposed Project results in substantial on- or off -site erosion or siltation, substantial flooding, provide substantial additional sources of polluted runoff, or impede or redirect flood flaws. The Mari North Specific Plan Amendment No 5 City of Menifee 4 — Evaluation of Environmental Impacts Salt Creek Flood Control Channel and its tributaries can effectively control flood hazards in the area The Project would include drainage facilities that would be designed and constructed with sufficient capacity to safely convey additional stormwater flows and thereby ensure that no habitable structure would be placed within a 100-year floodplain as shown on the FEMA Insurance Rate Maps Therefore, impacts related to flooding would be less than significant (c.iii) Stormwater Drainage Capacity. EIR No. 329 noted that all improvements would be constructed in accordance with the standards of the Riverside County Flood Control District (RCFCD), and the Specific Plan incorporates MDP improvements designed to reduce the impacts of increased surface runoff and provide 100-year flood protection to the Planning Area EIR No. 329 anticipated that many of those facilities would be constructed as part of the conditions of approval and at the discretion of the RCFCD It was further noted that credit against drainage fees would be given to developer for all ADP facilities constructed to serve the Planning Area. EIR No. 329 found that the Planning Area lies within the boundaries of the Homeland and Romoland Area Drainage Plans and would be subject to a per acre assessment fee, thereby contributing to regional drainage mitigation programs in the area. Therefore, EIR No. 329 detemrined that impacts related to stormwater runoff would be less than significant. Potentially significant impacts to the existing drainage pattern of the site or area could occur if development of the proposed Project results in substantial additional sources of polluted runoff Development of the proposed Project would increase the net area of impermeable surfaces; therefore, increased discharges to the City's existing storm drain system would likely occur However, the proposed Project would include stormwater improvements. Stormwater would be collected on -site in storm drains, retained on site if necessary, and conveyed to the City's storm drainage system as capacity allows The drainage improvements would be constructed in accordance with the MDP and the RCFCD's requirements. Permits to connect to the existing storm drainage system would be obtained prior to construction of the proposed Project All drainage plans are subject to City review and approval. Therefore, the increase in discharges would not impact local storm drain capacity. In addition, the proposed Project is not an industrial use and therefore would not result in substantial pollutant loading such that treatment control BMPs would be required to protect downstream water quality Impacts related to polluted runoff would be less than significant. (c.iv) Impede or Redirect Flood Flows. EIR No 329 noted that, if required by RCFCD, a floodplain analysis for existing conditions would be performed to the satisfaction of the RCFCD and utilizing the Corps of Engineers HEC-2 computer program. As development occurs within the floodplain, EIR No 329 noted that the alteration of the floodplain must also be determined under developed conditions. As such, it was anticipated that the RCFCD may require that the MDP's for Homeland and Romoland be revised to better reflect changes in land use, zoning and changes in hydrological data used to calculate peak flow rates. Finally, EIR No. 329 noted that MDP's should be revised to work in harmony with the proposed Specific Plan With adherence to these measures, EIR No. 329 determined that flooding impacts would be less than significant. Potentially significant impacts to the existing drainage pattern of the site or area could occur if development of the proposed Project impedes or redirects flood flows. Development of additional residential uses in the Specific Plan area must comply with existing programs aimed to reduce flooding hazards. These programs include: 1) participation in the National Flood Insurance Program; 2) coordination with the RCFCWCD to ensure maintenance of flood control channels and completion of necessary repairs to RCFCWCD-owned facilities on an as -needed basis; and 3) maintenance of emergency procedures in accordance with Section 8589 5 of the California Government Code. lath adherence to these measures, impacts related to impediment or redirection of flood flows from the proposed Project would be less than significant. Addendum to EIR No 329 December 16, 2023 4 — Evaluation of Environmental Impacts (d) Other Water -Related Risks or Pollution. Impacts related to flood hazards are discussed in response 4.10.c.i — 4.10.c iv above. EIR No. 329 did not analyze impacts related to tsunami, seiche zones, or risk of release of pollutants due to project inundation. However, although EIR No 329 did not address this subject, EIR No. 329 contained enough information about hydrology and water quality impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects related to other flooding related risks was readily available to the public. The City is not exposed to tsunami hazards due to its inland location, and there are no reservoirs are waterbodies located in the vicinity of the Project that could result in seiche The Project site is, however, located in the dam inundation zone of the Diamond Valley Lake. There are three dams that make up Diamond Valley Lake — East Dam, West Dam, and Saddle Dam. Failure of any of these dams would cause the Project area to be inundated, and there is a high hazard potential given the extent of development in this area (Menifee, 2010). Diamond Valley lake is the largest reservoir in southern California, with a capacity of 800,000 acre feet of water The most likely cause for darn failure is a large earthquake occurring on one of the nearby active faults, such as the San Jacinto fault zone According to the City of Menifee General Plan DEIR (page 5.9.23), -at capacity fill, the three dams that impound the reservoir were each designed to withstand an earthquake of 7.5 magnitude along the San Jacinto Fault or an earthquake of 8 0 magnitude along the San Andreas Faule'(Menifee, 2013a) In addition, the "Metropolitan Water District of Southern California caries out continuous automated monitoring of the dams and their foundations for deformation due to the weight of the dams. water pressure, and the effects of wetting of dam materials. The design and construction of the dams for earthquake resistance, in combination with monitoring of the dams, reduce risks of dam failure due to earthquakes " Therefore, impacts related to dam inundation would be less than significant. (e) Conflict with Water Quality or Groundwater Management Plans. EIR No. 329 did not analyze impacts related to conflicts with or obstruction of implementation of a water quality control plan or sustair:anio groundwater management plan. However, although EIR No. 329 did not address this subject, EIR No 329 contained enough information about hazards and hazardous materials impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects related to conflicts with water quality or groundwater management plans was readily available to the public The Regional Board's Basin Plan is designed to preserve and enhance water quality and project the beneficial uses of all regional waters Specifically, the Basin Plan (i) designates beneficial uses for surface and ground waters. (ii) sets narrative and numerical objectives that must be attained or maintained to protect the designated beneficial uses and conform to the State's anti -degradation policy, and (iii) describes implementation programs to protect all waters in the region. Development allowed by the Project would be required to adhere to requirements of the water quality control plan, including all existing regulation and permitting requirements This would include the incorporation of best management practices (BMPs) to protect water quality during construction and operational periods. Development of the Project would also be subject to all existing water quality regulations and programs, including all applicable construction permits Exisling General Plan policies related to water quality would also be applicable to the Project General Plan Conservation Element, Objectives 7.1 and 7.2 and their associated policies would limit potential water quality impacts to surface water and groundwater resources General Plan Policy 7 2 2 requires all projects to comply with the discharge permit requirements of the Regional Water Quality Control Board. Implementation of these policies. in conjunction with compliance with existing regulatory programs. would ensure that water quality impacts related to the Project would be less than significant. Menifee North Specific Plan Amendment No 5 City of Menifee 4 — Evaluation of Environmental Impacts Cumulative Impacts EIR No. 329 noted that Drainage patterns and the quality, velocity and composition of runoff would be altered by large scale grading of areas planned for construction, as well as the creation of impervious surfaces (such as roadways, driveways, parking lots, etc.) It wasfurther noted that runoff could increase flows in the Salt Creek and ultimately the San Jacinto River, potentially impacting downstream capacity. Runoff entering Salt Creek and the San Jacinto River would contain minor amounts of pollutants typical of urban use, thereby impacting the downstream water quality in the area, including the Lake Elsinore State Recreation Area. EIR No 329 found that siltation resulting from exposed ground surfaces from grading also may affect downstream water quality, and infiltration of water used for irrigation of landscaped areas throughout the vicinity may affect the abundance and distribution of groundwater. EIR No 329 anticipated that storm drain systems would be constructed in accordance with the County's Master Drainage Plan in order to mitigate impacts on local drainage patterns. EIR No. 329 found that the Menifee North Specific Plan and the Menifee Ranch Specific Plans are within the boundaries of the Homeland/Romoland Area Drainage Plan and would be subject to drainage fees established by the Riverside County Flood Control and Water Conservation District. EIR No 329 noted that preparation of a water quality impact analysis for all subdivisions in the San Jacinto River drainage area is considered beyond the scope of a single developer, and that Section 15130(c) of the Guidelines for Implementation of the California Environmental Quality Act states that, "With some projects, the only feasible mitigation for cumulative impacts may involve the adoption of ordinances or regulations rather than the imposition of conditions on a project -by -project basis" As such, EIR No 329 determined that water quality impacts related to sedimentation would be controlled through the use of erosion control devices during grading, and long term water quality impacts related to urban pollutants could best be mitigated through ordinances or regulations, rather than on a project -by -project basis Therefore, EIR No 329 determined that cumulative hydrology and water quality impacts could be reduced to less than significant through compliance with the requirements of the Califomia State Water Quality Control Board, Santa Ana Region. The proposed Project is located in a rapidly urbanizing area and is designated in the City's General Plan and Zoning Code for urban development Cumulative impacts related to development of the Project site with residential uses in conjunction with other development projects in the area were analyzed in the Environmental Impact Report prepared for the City of Menifee 2013 General Plan and were determined to be less than significant The proposed Project would be required to comply with the requirements of the Santa Ana RWQCB. Therefore, the cumulative hydrology and water quality impacts from the proposed Project would be less than significant. Conclusion EIR No 329 concludes that development of the Menifee North Specific Plan, including the proposed Project parcels, would not have significant impacts on hydrology, water quality, and other water -related resources and constraints with adherence to existing regulations, and no mitigation was recommended. With regulatory compliance, the preceding sections have demonstrated the proposed Project would also not have any significant water -related impacts The Project would be within the scope of what is permitted by the Specific Plan and what was evaluated in EIR No 329 and would not produce new or substantially more severe environmental impacts. As such, no subsequent environmental analysis and no new mitigation are required Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts 4.11- Land Use and Planning Would the Project: — Proposed — — New Changes New Information Effect Involving New Circumstances Showing Examined Conclusion or More Involving New New or More In EIR No. In EIR No. Severe or More Severe Severe 3297 329? hnPacts? Impacts? Impacts? a) Physically divide an Not established community? NO Analyzed No No No b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation No Not No No No adopted for the purpose of Analyzed avoiding or mitigating an environmental effect? Proposed Project In Relation to EIR No. 329 (a) Divide an Established Community. EIR No 329 did not analyze whether the Specific Plan would physically divide an established community However, although EIR No. 329 did not address this subject, EIR No 329 contained enough information about land use policy impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects related to physical division of an established community was readily available to the public. The proposed Project is within the scope of the Menifee North Specific Plan. The Project site consists of approximately 60 acres of undeveloped land that is adjacent to existing development, roadway features, and open space. TTM 38132 would improvements to Palomar Way, but would not include extension of any roadways. TTM 38133 includes improvements to Malone Avenue and extension of Calle de Caballos, which would be the access point to the site. However, the Project does not propose the closure of any roadways or the construction of any new roadways or features that would physically divide an established community. Therefore, the Project would have no impact. (b) Conflict with Applicable Plans. EIR No. 329 did not analyze whether the Specific Plan would cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. However, although EIR No. 329 did not address this subject, EIR No. 329 contained enough information about land use policy impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects related to conflicts with land use plans, policies, or regulations adopted for the purpose of avoiding or mitigating an environmental effect was readily available to the public. The proposed Project is within the scope of the Menifee North Specific Plan and includes slightly less development capacity than was analyzed in EIR No. 329. The proposed Project is therefore consistent with the growth limits evaluated in EIR No. 329. The Project is also consistent with the permitted land uses in the Specific Plan. Therefore, impacts related to land use plans are less than significant, and no mitigation is required. Menifee North Specific Plan Amendment No. 5 71 City of Menifee 4 — Evaluation of Environmental Impacts Cumulative ImDacts EIR No. 329 noted that the Menifee North Specific Plan is located within an area undergoing rapid urbanization as a result of demand pressuresfor housing, as was occurring in most of Riverside County, and that a number of other major projects were pending in the project area at the time of certification EIR No. 329 also noted that including the Menifee North Specific Plan, the other major developments in the area cumulatively proposed approximately 32,500 dwelling units, generating an estimated population of 84,175 persons. In addition to the residential elements of these projects, EIR No 329 found that these projects included an estimated total of 850 acres of Town Center, Commercial, Business Park and/or Industrial use. EIR No 329 found that the 2,654 units proposed by the Menifee North Specific Plan constitute 8.2% of the total dwelling units proposed and approved in the City. While the individual projects may contribute marginally to growth in the area, EIR No 329 determined that the collective projects would cumulatively create an overall change in the once rural and sparsely populated nature of the Sun City/Menifee Valley and Romoland/Homeland region EIR No. 329 also determined that the overall increase in units and related demands along neighborhood roads and for local services and utilities would cumulatively impact the area. In additon, it was noted that development of these projects in what was once a semi -rural/ agricultural but steadily developing area could result in conversion of adjoining lands to similar uses, particularly agricultural and open space uses remaining in the area. Therefore, it was found that ultimate urbanization of the project vicinity could potentially indirectly influence expansion throughout the area However, EIR No 329 determined that cumulative projects constructed within the Specific Plan area and conforming to County General Plan and zoning designations would have impacts anticipated by the General Plan EIR, and would not create adverse cumulative land use and planning impacts. The proposed Project is located in a rapidly urbanizing area and is designated in the City's General Plan and Zoning Code for urban development. Cumulative impacts related to development of the Project parcels with residential uses in conjunction with other development projects in the area were analyzed in the Environmental Impact Report prepared for the City of Menifee 2013 General Plan and were determined to be less than significant The proposed Project would not physically divide an established community or cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect Therefore, the proposed Project would not create adverse cumulative land use and planning impacts. Conclusion The Project is consistent with the Specific Plan evaluated in EIR No. 329, and includes slightly less development potential than was analyzed in EIR No. 329. Therefore, impacts related to land use plans are less than significant The Project would be within the scope of what is permitted by the Specific Plan and what was evaluated in EIR No 329 and would not produce new or substantially more severe environmental impacts As such, no subsequent environmental analysis and no new mitigation are required. Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts 4.12 - Mineral Resources Would the Project: Proposed New Changes New Information Effect Involving New Circunks, noes Showing Examined ConGuslon In EIR No. In EIR No. or More Involving New New or More Severe or More Severe Severe 329? 329? Impacts? Impacts? Impacts? a) Result in the loss of availability of a known mineral resource that would Yes No Impact No No No be of value to the region and the residents of the state? b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on Yes No Impact No No No a local general plan, specific plan or other land use plan? Proposed Proiect In Relation to EIR No. 329 (a) Designated Mineral Resources EIR No. 329 did not identify any mineral resources within the Planning Area. EIR No 329 also noted that the Mineral Resources Element of the General Plan does not indicate the presence of resources within the Planning Area. Additionally, EIR No. 329 noted that the Menifee North Specific Plan does not propose any future land uses which impact mineral resources in Riverside County Therefore, EIR No. 329 determined there would be no impacts to mineral resources The Califomia Department of Conservation Mineral Lands Classification map for the Specific Plan area shows the area is located within a mineral resource zone area classified as MRZ-1. Areas classified as MRZ-1 are defined as areas where adequate information indicates that no significant mineral deposits are present, or where it is judged that little likelihood exists for their presence. The Specific Plan area was historically used for agriculture prior to development and there are no known mineral resources in the immediate vicinity. There are no mining operations in the Specific Plan area, and implementation of the Project would not result in the loss of known mineral resources. (b) Local Mineral Designations. EIR No. 329 did not identify any mineral resources within the Planning Area. EIR No. 329 also noted that the Mineral Resources Element of the General Plan does not indicate the presence of resources within the Planning Area. Additionally, EIR No. 329 noted that the Menifee North Specific Plan does not propose any future land uses which impact mineral resources in Riverside County Therefore, EIR No 329 determined there would be no impacts to mineral resources. The Califomia Department of Conservation Mineral Lands Classification map for the Specific Plan area shows the area is located within a mineral resource zone area classified as MRZ-1. Areas classed as MRZ-1 are defined as areas where adequate information indicates that no significant mineral deposits are present, or where it is judged that little likelihood exists for their presence. The Specific Plan area was historically used for agriculture prior to development and (here are no known mineral resources in Menifee North Specific Plan Amendment No. 5 City of Menifee 4 — Evaluation of Environmental Impacts the immediate vicinity. There are no mining operations in the Specific Plan area, and implementation of the Project would not result in the loss of known mineral resources. Cumulative Imoacts EIR No. 329 did not analyze cumulative impacts related to mineral resources. EIR No. 329 did not identify any mineral resources within the Planning Area. EIR No. 329 also noted that the Mineral Resources Element of the General Plan does not indicate the presence of resources within the Planning Area. Additionally, EIR No. 329 noted that the Menifee North Specific Plan does not propose any future land uses which impact mineral resources in Riverside County. The proposed Project is located in a rapidly urbanizing area and is designated in the City's General Plan and Zoning Code for urban development. Cumulative impacts related to development of the Project parcels with residential uses in conjunction with other development projects in the area were analyzed in the Environmental Impact Report prepared for the City of Menifee 2013 General Plan and were determined to be less than significant. The proposed Project is within the scope of the Menifee North Specific Plan and would not result in the loss of mineral resources Therefore, the cumulative mineral resources impact from the proposed Project would be less than significant. Conclusion The Specific Plan area does not contain identified mineral resources either at a state level or local level that can be reasonably extracted given existing onsite and surrounding land uses Therefore, there would be no impacts regarding mineral resources The Project would be within the scope of what is permitted by the Specific Plan and what was evaluated in EIR No 329 and would not produce new or substantially more severe environmental impacts As such, no subsequent environmental analysis and no new mitigation is required. Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts 4.13 - Noise Would the Project: Effect Examined Conclusion In EIR No. In EIR No. 329? 329? Proposed New Changes I New Information volving Now Circumstances Showing or More Involving New New or More Severe or More Severe I Severe Imps=? Impacts? Impacts? a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in Less than excess of standards Yes Significant No No No established in the local Impact general plan or noise ordinance, or applicable standards of other agencies? b) Generation of excessive Not groundbome vibration or No Analyzed No No No groundbome noise levels? c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been Less than adopted, within two miles of Yes Significant No No No a public airport or public use Impact airport, would the project expose people residing or working in the project area to excessive noise levels? Proposed Project In Relation to EIR No. 329 (a) Noise Exceeds Standards. EIR No. 329 evaluated noise from construction, off -site traffic, and on -site traffic Construction Noise EIR No. 329 found that construction noise would be short-term and would be reduced by limiting construction hours. There have been no substantial changes to the environmental setting of PA-9 and PA-22, although Plan development has proceeded over time. Potential sensitive noise receptors continue to be located approximately 60 feet west of PA-9 across Palomar Road, and at the border of PA-9 to the north. Residential receptors are approximately 50 feet west of PA-22 across Malone Avenue PA-22 and approximately 90 feet north of PA-22 across Watson Road. Harvest Valley Elementary School is approximately 230 feet east of PA-22. EIR No. 329 concluded the potential construction noise impacts would be less than significant with the incorporation of MM-C.5.1, as follows: Menifee North Specific Plan Amendment No. 5 75 City of Menifee 4 — Evaluation of Environmental Impacts MM-C.5.1 Construction adjacent to existing residential development shall be limited to the hours of 7 a.m to 7 p.m , Monday through Friday. Construction should not be allowed on weekends orfederal holidays. Since certification of EIR No 329, the City has incorporated, adopting a General Plan and Municipal Code provisions. The proposed Project would also be required to comply with Municipal Code Section 8.01 010, as follows: 8.01.010 Hours of Construction: Any construction within the city located within one-fourth mile from an occupied residence shall be permitted Monday through Saturday, except nationally recognized holidays, 6:30 a m to 7:00 p.m There shall be no construction permitted on Sunday or nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. The continued incorporation of MM-C.5.1 and compliance with the City's Municipal Code would limit the time when construction activities are permitted occur and ensure the proposed Project does not result in a new or more severe construction noise impact than identified in EIR No 329 Operational Off -Site Traffic Noise EIR No 329 found that the development of the Menifee North Specific Plan could increase traffic noise levels along Antelope Road, Mapes Road, and Route 74 to levels above 65 CNEL, which was considered a significant and unavoidable impact to existing residences along the roadways. As shown in Table 5 12-3 of the 2013 Menifee General Plan EIR, 65 CNEL is still conditionally acceptable for residential land uses Based on the location of the proposed Project, trips from PA-9 and PA-22 would primarily be added to Route 74. According to the 2013 Menifee General Plan EIR, which incorporates the growth evaluated in EIR No. 329, traffic noise levels on the road segments of Route 74 along PA-9 and PA-22 are predicted to exceed 65 CNEL under existing and 2035 conditions. However, the proposed Project would result in less VMT as compared to EIR No. 329 (Translutions 2022). With less traffic, the proposed Project would not contribute a greater incremental share to cumulative traffic noise levels than was approved in EIR No. 329. Therefore, the proposed Project would not result in a new or more severe noise impact. Operational On -Site Traffic Noise Using a threshold of 65 CNEL for outdoor residential exposure and 45 CNEL for indoor noise levels, EIR No 329 found that residences along Menifee Road, Briggs Road, and Route 74 could be exposed to significant and unavoidable traffic noise levels. Since the certification of EIR No 329, traffic levels have increased, and so the proposed Project would continue contribute to potentially unacceptable traffic noise levels. However, as discussed in Operational Off -Site Traffic Noise above, the proposed Project would result in lower trips and VMT as compared to EIR No. 329, and so would not contribute more to traffic noise levels than what was approved in EIR No 329 Additionally, traffic noise modeling for the 2013 Menifee General Plan EIR indicates that residences at PA-9 and PA-22 would not be exposed to traffic noise volumes exceeding 65 CNEL Therefore, the proposed Project would notresult in a new or more severe noise impact. (b) Excessive Vibration. EIR No 329 did not directly evaluate vibration levels However, although EIR No 329 did not address this subject, EIR No. 329 contained enough information about land use policy impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects related to physical division of an established community was readily available to the public. Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts The proposed Project would not include substantial construction or operational activities that could generate sustained groundbome vibration levels at existing residential buildings that could result in building damage or sustained human annoyance Construction would not involve equipment, such as pile drivers, that would be likely to cause substantial vibration Equipment would at worst -case operate adjacent to the site's property lines and within approximately 25 feet of the nearest residential building (to the north) of PA-9, but would generally take place 100 feet or more from the nearest residential building In PA-22, the nearest residential buildings are across Malone Avenue to the west and across Watson Road to the north, over 50 feet from the property boundary. The nearest school building is over 230 feet to the east of PA-22. The incorporation of MM-C.5.1 and compliance with City Municipal Code requirements (see Section a above) would limit construction hours adjacent to existing residential development to daytime periods only when people are less sensitive to potential groundbome vibrations Once operational, the proposed Project would not have any large equipment that would generate vibration. Therefore, the proposed Project would not generate excessive groundbome vibration or groundbome noise levels, and would result in a less than significant impact. (c) Airport/Airstrip Noise. Based on the County of Riverside Airport Noise Impact Area Map, which used a 1979 study to establish noise contours, EIR No. 329 found Planning Areas 4, 5, 6 and 9 were within the 65 CNEL zone for March Air Force Base (March AFB), and that a significant impact would occur. However, since certification of EIR No. 329, new information has been developed that indicates the City of Menifee (including PA-9 and PA-22) is not located within the 65 dBA CNEL noise contours of any airport, including March AFB (City of Menifee 2013) March AFB is located approximately 10.4 miles northwest of PA-9. There are no airports located within two miles of PA-9 or PA-22. Therefore, the proposed Project would not expose people residing or working in the Project area to excessive noise levels, and would result in a less than significant impact. Cumulative Impacts EIR No. 329 expected that cumulative construction noise would be mitigated, as a result of the physical distance between proposed projects. EIR No. 329 found that the projects would result in higher traffic volumes, which would increase noise levels along major roadways. Cumulatively, EIR No 329 estimated that a significant (3dBA) noise increase would occur along State Route 74, 1-215, Menifee Road, Encanto Drive, Antelope Road, Mapes Road, Watson Road, Briggs Road, Lindenberger Road, McCall Boulevard, Simpson Road and Newport Road Traffic volumes associated with cumulative Project impacts were estimated to exceed 65 CNEL along Antelope Road, Mapes Road and Route 74, and could expose residences along Route 74 to noise levels exceeding 65 CNEL. EIR No 329 stated that all proposed development in the area would be required to achieve interior noise levels of 45 dB CNEL and outdoor noise levels less than 65 CNEL, and may use mitigation such as sound walls or building sound insulation The proposed Project would not result in an incremental increase in Project or cumulative traffic noise levels as compared to EIR No. 329, for the reasons discussed in Section a) above Therefore, the proposed Project would not result in a new or more severe cumulative noise impact. Conclusion EIR No. 329 found that implementation of the Menifee Specific Plan would result in a substantial increase in ambient noise levels. The proposed Project would involve less intense development than what was evaluated in EIR No. 329, and would not result in additional noise or vibration impacts Menifee North Specific Plan Amendment No 5 City of Menifee 4 — Evaluation of Environmental Impacts 4.14— Population and Housing Would the Project: Proposed New Changes New Information Effect Involving New Circumstances Showing Examined Condualon or More Involving New New or Mora In EIR No. in EIR No. Severe or More Severe Severs 329? 329? Impacts? Impacts? Impacts?_ a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and No Not No No No businesses) or indirectly (for Analyzed example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing people or housing, necessitating Not the construction of NO Analyzed No No No replacement housing elsewhere? Proposed Protect In Relation to EIR No. 329 (a) Induce Population Growth. EIR No. 329 did not analyze impacts related to the inducement of substantial unplanned population growth in the area. However, although EIR No. 329 did not address this subject, EIR No. 329 contained enough information about land use policy impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects related to physical division of an established community was readily available to the public. The proposed Project is within the scope of the Menifee North Specific Plan and would result in slightly less development potential than was analyzed in EIR No. 329. In addition, the proposed Project would remain consistent with land use designations and population projections used to prepare the 2022 AQMP. The proposed Project is part of a development trend that is needed to meet the continuing demand for housing in the Menifee area and Riverside County. The proposed Project would be consistent with the development anticipated under the Specific Plan and the potential impact would be considered less than significant. (b) Displace Housing. EIR No. 329 did not analyze impacts related to the displacement of substantial numbers of existing people or housing because the Specific Plan area did not contain any housing or development at the time. However, although EIR No. 329 did not address this subject, EIR No. 329 contained enough infonnation about land use policy impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects related to physical division of an established community was readily available to the public. 78 Addendum to EIR No. 329 December 18, 2023 4 — Evaluation of Environmental Impacts The proposed Project parcels do not contain any existing residential housing Therefore, implementation of the Project would not displace existing housing, nor would it necessitate the construction of replacement housing elsewhere. No impact would occur. Cumulative Imoacts EIR No. 329 did not analyze potential cumulative population and housing impacts. EIR No. 329 noted that the Menifee North Specific Plan is located within an area undergoing rapid urbanization as a result of demand pressures for housing, as was occurring in most of Riverside County, and that a number of other major projects were pending in the area at the time of certification. EIR No. 329 also noted that including the Menifee North Specific Plan, the other major developments in the area cumulatively proposed approximately 32,500 dwelling units, generating an estimated population of 84.175 persons In addition to the residential elements of these projects, EIR No. 329 found that these projects included an estimated total of 850 acres of Town Center, Commercial, Business Park and/or Industrial use EIR No. 329 found that the 2,654 units proposed by the Menifee North Specific Plan constitute 8.2 % of the total dwelling units proposed and approved in the City. While individual projects may contribute marginally to growth in the area, EIR No 329 determined that the collective projects could cumulatively create an overall change in the once rural and sparsely populated nature of the Sun City/Menifee Valley and Romoland/Homeland region EIR No. 329 also determined that the overall increase in units and related demands along neighborhood roads and for local services and utilities would cumulatively impact the area. In addition, the development of these projects in what was once a semi -rural/ agricultural but steadily developing area could result in conversion of adjoining lands to similar uses, particularly agricultural and open space uses remaining in the area. Therefore, EIR No 329 found that ultimate urbanization of the Planning Area could potentially indirectly influence expansion throughout the area. However, EIR No 329 determined that cumulative projects constructed within the Specific Plan area and conforming to County General Plan and zoning designations would have impacts anticipated by the General Plan EIR, and would not create adverse cumulative impacts related to population and housing The proposed Project is located in a rapidly urbanizing area and is designated in the City's General Plan and Zoning Code for urban development. Cumulative impacts related to development of the Project parcels with residential uses in conjunction with other development projects in the area were analyzed in the Environmental Impact Report prepared for the City of Menifee 2013 General Plan and were determined to be less than significant. The proposed Project would not induce substantial unplanned population growth in the area or displace any persons Therefore, the cumulative population and housing impact from the proposed Project would be less than significant. Conclusion The Project would result in direct population growth in the area. However, the amount of population growth that would result from the proposed Project would be slightly less than what was analyzed in EIR No. 329. Moreover, the Project is not expected to result in the displacement of any existing City residents (population) or housing by its development Therefore, potential impacts are considered to be less than significant The Project would be within the scope of what is permitted by the Specific Plan and what was evaluated in EIR No 329 and would not produce new or substantially more severe environmental impacts As such, no subsequent environmental analysis and no new mitigation are required Menifee North Specific Plan Amendment No 5 City of Menifee 4 — Evaluation of Environmental Impacts 4.16 - Public Services Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Proposed New Changes New Information Effect Involving New Circumstances Showing Examined Conclusion or More Involving New New or More In EIR No. In EIR No. Severs or More Severe Severe 329? 329? Impacts? Impacts? Impacts? Less than a) Fire protection? Yes Significant No No No Impact Less than b) Police protection? Yes Significant No No No Impact Lessthan Significant c) Schools? Yes with No No No Mitigation Incorporated Less than Significant d) Parks? Yes with No No No Mitigation Incorporated Less than e) Other public facilities? Yes Significant No No No Impact Proposed Protect In Relation to EIR No. 329 (a) Fire protection. EIR No. 329 noted that the Riverside County Fire Department, in cooperation with the California Department of Forestry and Fire Protection provided fire protection services to the Planning Area and all of Riverside County It was also noted that there was an existing station serving the Planning Area located at 25730 Sultanas Road. EIR No. 329 found that this station was staffed with two full time (24 hours a day) fire fighters augmented by a volunteer company, and equipped with a standard 1000 GPM pumper. Additionally, it was found that a complete fire station complex located north of Newport Road and west of Lindenberger Road was proposed for construction, would be staffed with two 24-hour firefighters augmented by a volunteer company, and would also be equipped with one 1000 GPM pumper and one 125 ft. ladder truck. It was also noted that according to response time, travel distance and staffing/workload levels established in the Riverside County Fire Protection and Emergency Plan, that the Specific Plan was within an acceptable response distance/travel time from this planned fire station. Finally, EIR No. 329 noted that according to Michael E. Gray, Deputy Fire Marshal, adequate fire protection could be provided to the Planning Area by the existing fire station, and the fire complex proposed north of Newport Road could act as a back-up station once it was Addendum to EIR No. 329 December 18, 2023 4 — Evaluation of Environmental Impacts constructed. As such, no fire protection measures beyond those specified in the Uniform Building Code were incorporated into EIR No 329 and impacts elated to fire protection services were determined to be less than significant. The City of Menifee continues to contract with the Riverside County Fire Department (RCFD) and the California Department of Forestry and Fire Protection (CAL FIRE) for fire protection and emergency medical response services RCFD Station No. 76, located at 29950 Menifee Road, is located approximately 4 miles south of the Project parcels This station would serve the Project parcels. Development of the Project would impact fire protection services by placing an additional demand on existing Riverside County Fire Department resources should its resources not be augmented. To offset the increased demand forfire protection services, the Project would be conditioned by the City to provide a minimum of fire safety and support fire suppression activities, including compliance with State and local fire codes, fire sprinklers, a fire hydrant system, paved access, and secondary access routes. Furthermore, the Project would be required to comply with the provisions of the City's Development Impact Fee Ordinance, which requires a fee payment to assist the City in providing for fire protection facilities. Payment of the Development Impact Fee would ensure that the Project provides fair share funds for the provision of additional fire protection facilities. The proposed Project would not result in the need for new or physically altered fire facilities in order to maintain acceptable service ratios, response times or other performance objectives, and this potential impact would be considered less than significant. (b) Police protection. EIR No. 329 noted that Police protection in the Planning Area was provided by the Riverside County Sheriff Department at the time the EIR was written. It was also noted that the station that served the Planning Area was located approximately 11 miles away at 117 S. Langstaff, in the city of Lake Elsinore. EIR No. 329 found that this station was operating with a total of 65 swom officers, response time to the Planning Area was approximately 10 minutes. EIR No. 329 found that the department used population and development information to calculate future population projections with law enforcement needs so that the Department could remain current with County growth, and that future personnel and equipment needs would be met through fund allocation by the County Board of Supervisors in its yearly budget. Finally, EIR No. 329 noted that developers would be required to cooperate with the Sheriffs Department to assure proper protection, facilities, and personnel would be available. Developers would also be required to incorporate certain design concepts within the Planning Area in accordance with the Land Use Development Standards of the Specific Plan With these measures in place EIR No. 329 determined that impacts to police services would be less than significant. The Menifee Police Department currently provides police protection services to the Specific Plan area. The proposed Project is within the scope of the Menifee North Specific Plan and would result in slightly less development capacity than was analyzed in EIR No 329 The Menifee Police Department is located at 29714 Haun Road, approximately 4 5 miles from the Project parcels. The Project would be required to comply with the provisions of the City's Development Impact Fee Ordinance, which requires a fee payment to assist the City in providing for police protection facilities. Payment of the Development Impact Fee would ensure that the Project provides fair share funds for the provision of additional police protection facilities, if necessary. The proposed Project would not result in the need for new or physically altered police facilities in order to maintain acceptable service ratios, response times or other performance objectives. Therefore, potential impacts to police protection services from the proposed Project would be less than significant. (c) Schools. As described in EIR No 329, the Romoland School District indicated that the District would require additional school sites within the Specific Plan area, and the Penis Union High School District indicated that the District would soon be overcrowded and would have to re-evaluate temporary as well Menifee North Specific Plan Amendment No 5 City of Menifee 4 — Evaluation of Environmental Impacts as permanent solutions to the growth problem. EIR No 329 noted that the Specific Plan was being planned in conformance with Land Use Standards, in that the applicant was working with the Romoland and Perris Union High School Districts to mitigate the student impact from the Speck Plan. It was also noted that the Specific Plan included 26 7 acres of designated school sites to serve the Romoland and Perris Union High School Districts. Finally, mitigation measures were incorporated requiring agreements with the school districts and payment of fees to reduce potential impacts. Therefore, with mitigation incorporated it was determined that impacts to schools would be less than significant The proposed Project is currently located within the Romoland School District and the Perris Union High School District. The proposed Project is within the scope of the Menifee North Specific Plan and would result in slightly less development potential than was analyzed in EIR No. 329. The proposed Project would be required to comply with the provisions of the School Districts' development mitigation fee schedule, which requires a fee payment to assist the Districts in providing for school facilities. Payment of these fees would ensure that the Project provides fair share funds for the provision of additional school facilities. As such, the proposed Project would be required to adhere to the requirements of mitigation measures MM-D 5 1 and MM-D.5.2. Therefore, with incorporation of mitigation measures MM-D 5 1 and MM-D.5.2, the Project would not result in the need for new or physically altered school facilites and this potential impact would be considered less than significant. EIR No. 329 Mitigation Measures MM-D.5.1 The project applicant shall enter into a binding agreement with both involved school districts to insure the provision of adequate facilities at the time of project occupancy MM-D.5.2 The applicant shall be required to pay school impact mitigation fees or fund school site acquisition and/or facility construction with proceeds from the Mello -Roos Community Facilities District. Community Facilities District (CFD) 91-1 has been formed which covers the entire Romoland School District The CFD Report specifies the amounts of school fees to be paid, provides methods of tax apportionment and establishes the maximum amount of bonds to be sold The project applicants has agreed to comply with the terms of the Resolution of Formation of the CFD (d) Parks. EIR No 329 noted that development of the Menifee North Specific Plan would increase the County population by approximately 6,874 people (2.59 persons per dwelling unit), in turn increasing the demand for park and recreational facilities. In order to compensate for this increased demand on park and recreational facilities, EIR No 329 noted that the Menifee North Specific Plan proposed the inclusion of four neighborhood parks totaling 30.3 acres, 112 acres of natural undisturbed open space, and a ten -foot wide regional hiking/riding trail. It was also noted that the County had adopted provisions within Ordinance No 460 implementing the Quimby Act, including the Act's standard of providing three acres of parkland for every 1,000 persons. EIR No 329 found that the 2,654 residential units proposed by the Menifee North Specific Plan would generate an estimated population of 6,874 persons, based on the County's factor of 2 59 persons per dwelling unit In order to meet Quimby Act standards of three acres of park for each 1,000 persons, EIR No 329 found that 206 acres of neighborhood and community parks would be required. However, EIR No 329 noted that the 303 acres of actual developed parkland proposed in the Specific Plan would satisfy Quimby Act standards as well as satisfying the Valley -wide Recreation and Park District, which also utilized the 3-acre per 1,000 population standard. Additionally, EIR No 329 found there could be some impact on both the Lake Elsinore and Lake Perris State Recreational Areas, due to the close proximity of the SRA's to the Specific Plan area, and because with the rapid growth in the region, overcrowding had become a concern along with the requirement of more frequent maintenance EIR No. 329 determined that these impacts could not be fully mitigated by park and recreation development within the Menifee North Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts Specific Plan as the recreation opportunities at SRA's differs from those commonly provided by neighborhood parks. As such, it was noted that the Specific Plan included an extensive recreational program, that it was anticipated that these facilities could adequately mitigate impacts associated with the increased recreational demand generated by the future residents of Menifee North, and that mitigation measures were incorporated requiring land dedication and/or the payment of in -lieu fees for park and recreation facilities Therefore, with incorporation of mi6gafon EIR No. 329 determined that impacts to parks and recreation facilities would be less than significant The proposed Project is within the scope of the Menifee North Specific Plan and would result in slightly less development than was analyzed in EIR No. 329 Demand for park and recreational facilities are generally the direct result of residential development The proposed Project would result in the potential for more households with children and adults who want to use parks and recreation facilities Development of the Project, therefore, would have the potential to increase use of local park facilities. However, all new development, including the proposed Project, would be subject to payment of development impact fees to cover its fair share of the cost for facility expansion and maintenance. As such, the proposed Project would be required to adhere to the requirements of mitigation measures MM-D.6.1 and MM-D 6.2. Therefore, with incorporation of mitigation measures MM-D.6.1 and MM- D.6.2, impacts related to deterioration of parks and recreation facilities would be less than significant. EIR No. 329 Mitigation Measures MM-D.6.1 The project applicant shall satisfy the Quimby Act and the Valley -Wide Recreation and Park District park requirements which include land dedication and/or the payment of in - lieu fees. MM-D.6.2 A Master Homeowner's Association, County Service Area, orthe Valley -wide Recreation and Park District will maintain the Neighborhood and Community Parks, Open Space and the Drainage Channel. (e) Other public facilities. EIR No. 329 nosed that Public Library facilities serving the Planning Area were provided by the City and County of Riverside and were located at 28081 Bradley Road It was also noted that implementation of the Menifee North Specific Plan would increase the area's population and the demand for library services However, it was found that adequate library service could be guaranteed through the collection of taxes by the Riverside County Board of Supervisors, payable at the time of building permit issuance Therefore, EIR No. 329 determined that the payment of fees would reduce impacts to less than significant. The Specd:c Plan area is currently served by the Menifee Library, which is located at 28798 La P;edra Road in the City of Menifee The proposed Project would result in an increase in residents that :could generate additional demand for public facilities such as libraries However, all new development, including the proposed Project, would be subject to pay development impact fees to cover its fair share of the cost of facility expansion. Therefore, impacts related to expansion of library facilities would be less than significant with payment of development fees. Cumulative Impacts EIR No 329 noted that Increased development in the Planning Area would incrementally increase the demand for public utilities and services, including police and fire protection, school and park facilities, and other public facilities such as libraries. This increased demand may be viewed as a growth - inducement to existing systems, which may result in expansion or extension of existing service facilities to serve all anticipated projects However, EIR No. 329 determined that cumulative projects constructed Menifee North Specific Plan Amendment No 5 83 City of Menifee 4 — Evaluation of Environmental Impacts within the Speck Plan area and conforming to County General Plan and zoning designations would have impacts anticipated by the General Plan EIR, and would not create adverse cumulative impacts to public services. The proposed Project is located in a rapidly urbanizing area and is designated in the City's General Plan and Zoning Code for urban development. Cumulative impacts related to development of the Project parcels with residential uses in conjunction with other development projects in the area were analyzed in the Environmental Impact Report prepared for the City of Menifee 2013 General Plan and were determined to be less than significant. The proposed Project would be required to pay development fees to contribute to expansion and maintenance of public services facilities. Therefore, the cumulative public services impact from the proposed Project would be less than significant. Conclusion The Project would increase the need for fire and police services, but not to the extent that new facilities would be required. The Project applicant would be required to pay all applicable development impact fees to reduce impacts to schools and parks. With payment of fees potential impacts are considered to be less than significant. The Project would be within the scope of what is permitted by the Menifee North Specific Plan and what was evaluated in EIR No 329 and would not produce new or substantially more severe environmental impacts As such, no subsequent environmental analysis and no new mitigation are required Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts 4.18 - Recreation Would the Project: �- TPreposedT New Changes II New bdormation Effect Involving New' Circumstances Showing Examined Conclusion or More Involving New New or More In EIR No. In EIR No. Severe or More Severe Severe 329? 329? � Impacts? Impacts? Impacts? a) Would the Project increase the use of existing neighborhood and regional Less than parks or other recreational Significant facilities such that Yes with No No No substantial physical Mitigation deterioration of the facility Incorporated would occur or be accelerated? b) Does the Project include recreational facilities or require the construction or Less than expansion of recreational Yes Significant No No No facilities which might have Impact an adverse physical effect on the environment? Proposed Project In Relation to EIR No. 329 (a) Increased Park Use. EIR No. 329 noted that development of the Menifee North Specific Plan would increase the County population by approximately 6,874 people (2.59 persons per dwelling unit), in turn increasing the demand for park and recreational facilities. In order to compensate for this increased demand on park and recreational facilities, EIR No 329 noted that the Menifee North Specific Plan proposed the inclusion of four neighborhood parks totaling 30.3 acres, 112 acres of natural undisturbed open space, and a ten -foot wide regional hiking/ndrng trail. It was also noted that the County had adopted provisions within Ordinance No. 460 implementing the Quimby Act. including the Act's standard of providing three acres of parkland for every 1.000 persons EIR No 329 found that the 2.654 residential units proposed by the Menifee North Specific Plan would generate an estimated population of 6,874 persons, based on the County's factor of 2.59 persons per dwelling unit In order to meet Quimby Act standards of three acres of park for each 1,000 persons. EIR No 329 found that 20.6 acres of neighborhood and community parks would be required. However, EIR No 329 noted that the 30.3 acres of actual developed parkland proposed to the Specific Plan would satisfy Quimby Act standards as well as satisfying the Valley -wide Recreation and Park District, which also utilized the 3-acre per 1.000 population standard Additionally, EIR No. 329 found there could be some impact on both the Lake Elsinore and Lake Penis State Recreational Areas, due to the dose proximity of the SRA's to the Specific Plan area, and because with the rapid growth in the region, overcrowding had become a concern along with the requirement of more frequent maintenance. EIR No 329 determined that these impacts could not be fully mitigated by park and recreation development within the Menifee North Specific Plan as the recreation opportunities at SRA's differs from those commonly provided by neighborhood parks. As such, it was noted that the Specific Plan inducted an extensive recreational program, that it was anticipated that these facilities could adequately mitigate impacts associated with Menifee North Specific Plan Amendment No. 5 City of Menifee 4 — Evaluation of Environmental Impacts the increased recreational demand generated by the future residents of Menifee North, and that mitigation measures were incorporated requiring land dedication and/or the payment of in -lieu fees for park and recreation facilities Therefore, with incorporation of mitigation EIR No 329 determined that impacts to parks and recreation facdoes would be less than significant. The proposed Project is within the scope of the Menifee North Specific Plan and would result in slightly less development than was analyzed in EIR No. 329. Demand for park and recreational facilities are generally the direct result of residential development. The proposed Project would result in the potential for more households with children and adults who want to use parks and recreation facilities. Development of the Project, therefore, would have the potential to increase use of local park facda,es. However, all new development, including the proposed Project, would be subject to payment of development impact fees to cover its fair share of the cost for facility expansion and maintenance. As such, the proposed Project would be required to adhere to the regwrements of mitigation measures MM-D.6.1 and MM-D 6.2. Therefore, with incorporation of mitigation measures MM•D 6.1 and MM- D.6.2, impacts related to deterioration ofparks and recreation facilities would be less than significant. EIR No. 329 Mitigation Measures MM-D.6.1 The project applicant shall satisfy the Quimby Act and the Valley -Wide Recreation and Park District park requirements which include land dedication and/or the payment of in - lieu fees MM-D.6.2 A Master Homeowner's Association, County Service Area, orthe Valley -wide Recreation and Park District will maintain the Neighborhood and Community Parks, Open Space and the Drainage Channel (b) Need for New Parks. EIR No 329 noted that the Menifee North Specific Plan proposed the inclusion of four neighborhood parks totaling 30 3 acres, 112 acres of natural undisturbed open space, and a ten - foot wide regional hiking/riding trail With these amenities included in the Specific Plan, EIR No 329 determined that sufficient parks and recreation facihbes would be provide and impacts would be less than sigmfcant The Project includes a small park but does not require the construction or expansion of new or existing recreational facilities. The proposed Project would result in the potent.al for more households with children and adults who want to use parks and recreation facilities. As previously mentioned. all new development, inducting the proposed Project, would be subject to payment of development impact fees to cover its fair share of the cost for facility expansion and maintenance. Therefore, there would be no adverse physical effect on the environment caused by expansion or construction of outdoor recreational facilities. Impacts would be less than significant. Cumulative Impacts EIR No 329 noted that Increased development in the Planning Area would incrementally increase the dernand for park !acilities, and this increased demand may be viewed as a growth -inducement to existing systems, which may result in expansion or extension of existing service facilities to serve all anticipated projects However, EIR No 329 determined that cumulative projects constructed within the Specific Plan area and conforming to County General Plan and zoning designations would have impacts anticipated by the General Plan EIR, and would not create adverse cumulative impacts to parks and recreation facilities. Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts The proposed Project is located in a rapidly urbanizing area and is designated in the City's General Plan and Zoning Code for urban development. Cumulative impacts related to development of the Project parcels with residential uses in conjunction with other development projects in the area were analyzed in the Environmental Impact Report prepared for the City of Menifee 2013 General Plan and were determined to be less than significant. The proposed Project would be required to pay impact fees towards the expansion and maintenance of parks and recreation facilities Therefore, the cumulative parks and recreation impact from the proposed Project would be less than significant. Conclusion The proposed Project does include residential uses; however, any increase in park or recreational facility usage associated with construction of the Project would be considered minimal with payment of applicable parks related development impact fees. The Project would be within the scope of what is permitted by the Menifee North Specific Plan and what was evaluated in EIR No. 329 and would not produce new or substantially more severe environmental impacts The potential recreation impacts from the proposed Project are considered to be less than significant. As such, no subsequent environmental analysis and no new mitigation are required. Menifee North Specific Plan Amendment No 5 City of Menifee 4 - Evaluation of Environmental Impacts 4.19 - Transportation Would the Project: Proposed - - - New Changes New Information Effect Involving New Circumstances Showing Examined Conclusion or More Involving New New or More In EIR No. In EIR No. Severe or More Severe Severe 329? 329? Impacts? Impacts? Impacts? a) Conflict with a program plan, ordinance or policy Less than addressing the circulation Significant system including transit, Yes with No No No roadway, bicycle and Mitigation pedestrian facilities? Incorporated b) Would the project conflict or be inconsistent with CEQA Guidelines No Not No No No section 15064.3, Analyzed subdivision (b)? c) Substantially increase hazards due to a geometric design feature (e.g., sharp Less than curves or dangerous Yes Significant No No No intersections) or Impact incompatible uses (e.g., farm equipment)? d) Result in inadequate Not emergency access? No Analyzed No No No A VMT Analysis was prepared for the proposed Project by Translutions, Inc. (See Appendix G). The information in this section was taken from the VMT Analysis. Proposed Project In Relation to EIR No. 329 (a) Circulation Plan Consistency. EIR No. 329 noted that the proposed Project would comply with the Land Use Standards of the Public Facilities and Services Element of the Riverside County Comprehensive General plan relative to circulation through the design of the Project circulation system. EIR No. 329 also noted that the Circulation Plan Development Standards of the Specific Plan would insure proper roadway design through dedication and construction of public roads. In order to ensure proper implementation of the Circulation Plan Development Standards of the Specific Plan, EIR No 329 incorporated mitigation pertaining to signalization, alternative transportation modes, design standards, and development impact fees. With incorporation of mitigation, EIR No. 329 determined that impacts to the circulation system would be less than significant. The proposed Project includes improvements to Palomar Road in order to provide access to TTM 38312.The Project also includes extension of Malone Avenue south of Watson Road to Varela Lane and the extension of Calle de Caballos in orderto provide access to TTM 38133. However, development of the proposed Project would not require closure of any roadways and would not have a significant Addendum to EIR No. 329 December 18, 2023 4 — Evaluation of Environmental Impacts impact on the local transit system, bikeways, or pedestrian facilities The proposed Project is within the scope of the Menifee North Specific Plan. Because the Project would result in a reduction of one unit less than the SP-260 allows, the Project is estimated to generate slightly less traffic and slightly less impacts when compared to what was analyzed in EIR No. 329. As such, the proposed Project would be required to adhere to the requirements of mitigation measures MM-D.1.1 through MM-D.1.6 and MM- DA 8 Therefore, with incorporation ofmitigation measures MM-D.1.1 through MM-D.1 6 and MM-D 1.8, the proposed Project would result in less than significant impact on the circulation system. EIR No. 329 Mitigation Measures MM-D.1.1 Signalization. For cumulative traffic conditions with the project, traffic signals are anticipated to be warranted at the following study area intersections (see Figure V-18, Circulation Recommendations): Encanto Drive at Ethanac Road; Sherman Road at Watson Road; Sherman Road at Ethanac Road; Sherman Road at McLaughlin Road; Antelope Road at Mapes Road; Antelope Road at Watson Road; Antelope Road at Street "A"; Antelope Road at State Route 74; Palomar Road at Street "A"; Palomar Road at State Route 74; Menifee Road at Mapes Road; Menifee Road at Watson Road; Menifee Road at Street "A'; Menifee Road at State Route 74; Malaga Road at State Route 74; Briggs Road at Watson Road; Briggs Road at Street "A'; Briggs Road at State Route 74; Briggs Road at Street "B'; Briggs Road at Palomar Road; Sultanas Road at State Route 74; Leon Road at State Route 74; and Juniper Flats Road at State Route 74 The project applicant will either be directly responsible for provision of the above signals or shall participate on a fair -share basis for the funding of these facilities. The extent of their responsibility shall be based upon the extent of utilization of these intersections by project - related traffic. MM-D.1.2 Alternative Transportation Modes. The Menifee North Specific Plan shall provide a system of bicycle trails within open space corridors, flood control and utility easements, where possible. Sidewalks or pathways in residential and commercial areas that allow a safe environment for pedestrians shall also be provided. MM-D.1.3 Although the study area is currently not served by a transit service, bus turnout and potential future bus stop locations have been recommended by the Traffic Engineer (see Figure V-19, Bus Turnout and Stop Locations) As recommended, bus stops are spaced to maximize passenger accessibility, convenience and safety, while minimizing undue delay or traffic interruptions. Bus stops are generally spaced 800 feet to 1,200 feet apart on roadways surrounding the project (see Appendix F of EIR No. 329 for additional criteria that wasthe basis forthese recommendations). Bus turnouts shall be constructed at these recommended locations that are located within the project boundaries. MM-D.1A To encourage ddesharingftransit ridership and reduce commute trip impacts on access routes to the 1-215 Freeway, a portion of the commercial parking area in Planning Area 8, on -site shall be designated for Park-N-Ride and carpool/vanpool parking use on weekdays between 6:00 a m. and 6:00 p m. MM-D.1.5 Project roadways shall be aligned and sized as illustrated in Figure V-18, Circulation Recommendations. MM-D.1.6 On -site access improvements shall adhere to the following design guidelines Menifee North Specific Plan Amendment No 5 City of Menifee 4 — Evaluation of Environmental Impacts • traffic signing/striping should be implemented in conjunction with detailed construction plans for the project; • sight distance at each intersection should be reviewed with respect to standard Caltrans/County of Riverside sight distance standards at the time of preparation of final grading, landscape and street improvement plans; • the traffic signals required within the study area at buildout should specifically include an interconnect of the signals to function in a coordinated system. MM-D.1.8 The project applicant shall participate in any fee programs established within the study area to provide for the improvement of key roadway links and interchange facilities. The project shall contribute to the installation of traffic signals when warranted through the payment of traffic signal mitigation fees If a trip ceiling and trip bank is established, then as a development phase is approved, the total number of trips it generates shall be subtracted from the trip ceiling or trip bank, leaving a total of remaining trips that the Specific Plan can generate. For tract maps, final map recordation will be when the projects' generated trips will be deducted from the trip bank The County Transportation Department will maintain the official 'trip bank" for the Specific Plan and will provide an annual update on project trip status. (b) CEQA Guidelines Section 15064.3(b). EIR No 329 did not analyze impacts related to vehicle miles traveled (VMT). However, although EIR No 329 did not address this subject, EIR No 329 contained enough information about air quality impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects related to VMT was readily available to the public. Specifically, while no impact determination was made relative to VMT, the air quality analysis included a quantification of VMT for the purpose of assessing potential impacts from emissions of criteria pollutants. The proposed Project would result in a reduction in the number of residential units when compared to what was analyzed in EIR No 329. The City of Menifee has adopted guidelines to help ensure that land use development projects comply with the latest requirements of the California Environmental Quality Act (CEQA) regarding Vehicle Miles Traveled (VMT). The guidelines provide the City with standardized criteria and established thresholds of significance to be used for analyzing transportation impacts for CEQA. Based on the City of Menifee Guidelines, a project would result in a significant project generated VMT impact if either of the following conditions are satisfied: 1 The baseline project generated VMT per service population exceeds the County of Riverside General Plan Buildout VMT per service population, or 2 The cumulative project generated VMT per service population exceeds the County of Riverside General Plan Buildout VMT per service population The proposed Project's effect on VMT would be considered significant if it resulted in either of the following conditions to be satisfied: 1 The baseline link -level Citywide boundary VMT per service population to increase under the plus project condition compared to the no project condition, or 2 The cumulative link -level Citywide boundary VMT per service population to increase under the plus project condition compared to the no project condition Since the proposed Project is an amendment to an approved Specific Plan, this analysis compares the VMT from the approved Project with the proposed Project and evaluates if the proposed Project would result in higher VMT impacts than the approved Project. 90 Addendum to EIR No 329 December 16, 2023 4 —Evaluation of Environmental Impacts Base Year Project Generated VMT. Based on documentation from the City, the base model year VMT for the City of Menifee is 33 6 VMT/SP As shown in Table 4, the VMT generated for the approved Specific Plan is 53.2 VMT/SP while that of the proposed Specific Plan is 53.0 VMT/SP. Both the approved and proposed plans have a higher VMT/SP than the City threshold of 33.6 VMT/SP. However, the proposed Specific Plan results in a slight decrease in VMT/SP when compared to the approved Specific Plan. Base Year Project Effect on VMT. As shown in Table 5, the Citywide segment level VMT under "no project" conditions is 16.7 VMT/SP The Citywide segment VMT under the approved Specific Plan is 15 9 VMT(SP, and that of the proposed Specific Plan is also 15.9 VMT/SP As such, both the approved and proposed plans result in a lower VMT/SP than the threshold of 16.7 VMT/SP. Future Year Project Generated VMT. The future year VMT threshold for the City of Menifee is based on the base year threshold of 33.6 VMT/SP. As shown in Table 4, the VMT generated for the approved Specific Plan is 52 3 VMT/SP while that of the proposed Specific Plan is 52.1 VMT/SP. Both the approved and proposed plans have a higher VMT/SP than the City threshold of 33 6 VMT/SP. However, the proposed Specific Plan results in a Slight decrease in VMT/SP compared to the approved Specific Plan. This is potentially due to the increased density in the proposed Specific Plan and the slight reduction in development potential Future Year Project Effect on VMT. The Citywide segment level VMT under "no project" conditions is 15.3 VMT/SP. The Citywide segment VMT under the approved Specific Plan is 14.8 VMT/SP, and that of the proposed Specific Plan is also 14.8 VMT/SP Therefore, both the approved and proposed plans result in a lower VMT/SP than the threshold of 15.3 VMT/SP Table 4 Prnieet Generated VMT Ene Y— t0111 rw U. "43 _ Approved MNSP Prepoeee MNSP Cdy Tue°hold Approved Pr--d ASP City Threshold Po ulmon 3 T3r 1 "1 3 734 1r31 I 645J 54" 5.453 5453 Service P-1.0 n 9 W 9 te4 I 91e1 I Jim Nanebe 4 Ne1VMT C14a 19" 1 "We 15411 Me bewd W.%INewt Vmt 119.139 118.178 103996 103999 OD VMT MM - TRIM 4M,916 4A6 401 I 4e0 STI 47e 6T9 NO VMT PerC 220 214 206 702 New VMS Pe 71l if 1 191 f 191 ODVMTPer9ervice Po uiadon(Aulo+Truth) 532 530 336 523 I 521 338 Source rrarlSlVa003. 2022 Table 5 Prnieet Fffect nn VMT 18 Ye201 Fan YM M3rf P A MNV I Pr Ne FfOOO RmOe VMl t 113]10 2441,22 1 2440460 2It 9uP W 12112061 1029T7 101 W.2 16/.COM9N d 4W 55 N 150159 1 148 toe 153VM Source: Translutions, 2022 Menifee North Specific Plan Amendment No 5 City of Menifee 4 — Evaluation of Environmental Impacts Conclusion Based on the above analysis, the Project -generated VMT for the proposed Specific Plan under both the base year and horizon year conditions are lower than the approved Specific Plan Therefore, no new or more severe VMT impacts than those of what was analyzed in EIR No. 329 would result from the proposed Project In addition, the Project effect on VMT shows no measurable difference between the approved Specific plan and the proposed Specific Plan. Therefore, the impacts ofthe proposed Speck Plan are no greater than those of the approved Specific Plan, and would remain less than significant. (c) Circulation Design Hazards. EIR No 329 noted that through -traffic movements would avoid streets through residential neighborhoods, curves and roads would permit safe movement of vehicular traffic at the road's design speed, and intersections would be designed to assure the safe passage of through - traffic and the negotiation of movements It was also noted that final design and offers of dedication would occur at the land division stage For these reasons, EIR No 329 determined that the circulation system under the approved Specific Plan would provide for safe access to all portions of the Planning Area and impacts would be less than significant The proposed Project is within the scope of the Menifee North Specific Plan and would result in slightly less development potential than what was analyzed in EIR No. 329. As previously stated, the proposed Project includes improvements to Palomar Road in order to provide access to TTM 38312. The Project also includes extension of Malone Avenue south of Watson Road to Varela Lane and the extension of Calle de Caballos in order to provide access to TTM 38133 However, development of the proposed Project would not require closure or reconfiguration of any roadways. The proposed Project would utilize existing public streets and controlled intersections and has been designed to avoid any substantial hazards Therefore, the proposed Project would not result in impacts related to design hazards (d) Emergency Access. EIR No. 329 did not analyze impacts related to emergency access. However, although EIR No. 329 did not address this subject, EIR No. 329 contained enough information about land use policy impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects related to physical division of an established community was readily available to the public The proposed Project is within the scope of the Menifee North Specific Plan and would result in less overall development potential than what was analyzed in EIR No 329 The proposed Project has been designed to provide adequate emergency access at all Project access points and within intemal roadways The proposed Project plans would be reviewed priorto issuance of building permits to ensure compliance with all design requirements. Per state Fire and Building Codes, sufficient space would be provided around the proposed residential buildings for emergency personnel and equipment to access Project development would be required to comply with the Califomia Fire Code in terms of emergency access. Therefore, the Project would not result in inadequate emergency access. Impacts would be less than significant, and no mitigation is required Cumulative Imoacts EIR No 329 noted that ultimate development of the Planning Area would generate an increase in local and regional traffic volumes, and that traffic generated by the developments would impact existing roadways, necessitating the expansion and improvement of existing and construction of new regional roadway networks in order to accommodate additional traffic flows It was further noted that within developments it would be necessary to install circulation systems with sufficient capacity to accommodate traffic generated, in coordination with the regional roadway system EIR No. 329 found that the cumulative impact of the four proposed "Menifee" Specific Plans was estimated at 224,720 trips Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts per day. Of this number, EIR No. 329 found that the Menifee North Specific Plan would generate 138,250 trips per day, or 61 5 % of the total It was furtherfound that in the area surrounding the Specific Plan, a significant need existed to forecast traffic volumes for buildout of the area to demonstrate the ultimate capacity requirements of the circulation system. In order to better manage the impacts to the circulation system, EIR No. 329 noted that mitigation measures and improvement requirements for actual development would be determined in subsequent studies at the tentative tract or plot plan level. Finally, EIR No. 329 determined that cumulative projects constructed within the Specific Plan area and conforming to County General Plan and zoning designations would have impacts anticipated by the General Plan EIR, and would not create adverse cumulative impacts to the circulation system Therefore, EIR No 329 determined that cumulative transportation impacts would be less than significant. The proposed Project is located in a rapidly urbanizing area and is designated in the City's General Plan and Zoning Code for urban development. Cumulative impacts related to development of the Project parcels with residential uses in conjunction with other development projects in the area were analyzed in the Environmental Impact Report prepared for the City of Menifee 2013 General Plan and were determined to be less than significant. The proposed Project would result in less development potential than what was analyzed in EIR No 329. Therefore, the cumulative transportation impact from the proposed Project would be less than significant. Conclusion EIR No. 329 determined that transportation -related impacts were less than significant A VMT analysis of the currently proposed Project shows that the Project would have less than significant impacts based on its current design because the proposed Project would result in slightly less development capacity than was analyzed in EIR No. 329. The Project would be within the scope of what is permitted by the Menifee Village Specific Plan and what was evaluated in EIR No. 329 and would not produce new or substantially more severe environmental impacts. As such, no subsequent environmental analysis and no new mitigation are required Menifee North Specific Plan Amendment No 5 City of Menifee 4 — Evaluation of Environmental Impacts 4.20— Tribal Cultural Resources Would the Project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a Cultural Native American tribe, and that is: -- Proposed New Changes New Information Erect linvolvingNew,Circumstances Showing Examined Conclusion or More Involving New New or More In EIR No. In EIR No. Severe or Mors Severe Severe 329? 329? Impacts? Impacts? Impacts? a) Listed or eligible for listing in the Califomia Register of Historical resources, or in a local Not register of historical No Analyzed No No No resources as defined in Public Resources Code Section 5020.1(k), or b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the No Not No No No criteria set forth in Analyzed subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a Califomia Native American tribe. A Cultural Resources Study was prepared for each of the Project parcels by Brian F Smith and Associates, Inc. (See Appendix D). The information in this section was taken from the Cultural Resources Studies. Proposed Protect In Relation to EIR No. 329 (a-b) Listed or Eligible Resources/Significant Resources. Assembly Bill 52 (AB 52) was signed into law in 2014 and added the above -listed thresholds to Appendix G of the CEQA Guidelines. Thus, at the time EIR No. 329 was certified in 1994, AB 52 was not in place and EIR No. 329 did not evaluate this threshold. Notwithstanding, EIR No. 329 included an extensive analysis of potential impacts to cultural resources. EIR No. 329 noted that a review of the archaeological site records on file at the Eastern Califomia Information Center (ECIC) showed three archaeological sites previously identified and one 94 Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts new site located during field investigations for a total of four archaeological sites. EIR No. 329 noted that other sites surround the area, but are too distant to be impacted by the Specific Plan. As such, EIR No. 329 determined that because no subsurface artifacts were recorded on or near these identified archaeological sites, no mitigation was recommended. However, EIR No. 329 noted that given the element of uncertainty of any archaeological survey due to the "underground" dimension, it would be required that should archaeological materials be found during grading activities, a qualified archaeologist shall be retained for their evaluation. Therefore, EIR No. 329 determined that impacts to archaeological resources would be less than significant. The Cultural Resources Studies note that aerial imagery shows the property has been largely disturbed by agricultural use since the 1960s. Since at least 2005, the properties have been used for the dumping of soils and construction debris, likely associated with nearby residential developments. The pedestrian survey indicated that the entirety of the Project parcels have been disturbed by historic agricultural use, vegetation clearing, disking, and the development of the surrounding area. Modem trash and building material consisting of gravel, asphalt, and concrete fragments were noted throughout the property. The survey did not result in the identification of any cultural resources, and no historic or prehistoric resources were observed during the survey. Therefore, the proposed Project would not have an impact on the significance of any historical resources. According to the Cultural Resources Studies for the proposed Project, the Phase I archaeological assessments for the Project parcels were negative for the presence of cultural resources. However, it is noted that visibility of the Project parcels was extremely poor due to dense non-native grasses and weeds and, therefore, it was not clear if any cultural resources have ever existed on the Project parcels. The studies note that the current status of the Project parcels appears to have affected the potential to discover any surface scatters of artifacts. In addition, given that the prior agricultural use within the Project might have masked archaeological deposits, and based upon the limited visibility during the survey, the Cultural Resources Studies determined that there is a potential that buried archaeological deposits are present within the Project parcels. Therefore, standard conditions of approval have been incorporated requiring implementation of a cultural resources monitoring program conducted by an archaeologist and Native American representative during grading of the Project parcels. Monitoring during ground -disturbing activities, such as grading or trenching, by a qualified archaeologist is required to ensure that if buried features (Le., human remains, hearths, or cultural deposits) are present, they would be handled in a timely and proper manner. AB 52 was signed into law on September 25, 2014, and requires a Lead Agency to begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of a project site, if the tribe requested to the lead agency, in writing, to be informed of proposed projects in that geographic area and the tribe requests consultation prior to determining whether a negative declaration, mitigated negative declaration, or environmental impact report is required for a project. The legislature declared that AB 52 "shall apply only to a project that has a notice of preparation or a notice of negative declaration or mitigated negative declaration filed on or after July 1, 2015". Since the proposed Project does not require a Notice of Preparation or Notice of Negative Declaration, AB 52 is not applicable to the proposed Project. Although AB 52 is not applicable to the proposed Project, SB 16 requires public notice to be sent to tribes listed on the Native American Heritage Commission's SB 16 Tribal Consultation list within the geographical areas affected by the proposed changes. Tribes must respond to a local government notice within 90 days (unless a shorter time frame has been agreed upon by the tribe), indicating whether or not they want to consult with the local govemment. Consultations are for the purpose of preserving or mitigating impacts to places, features, and objects described in Sections 5097 9 and 5097.993 of the Public Resources Code that may be affected by the proposed adoption or amendment Menifee North Specific Plan Amendment No 5 City of Menifee 4 — Evaluation of Environmental Impacts to a general or specific plan. The Lead Agency is required to notify tribes within 14 days of deeming a development application complete subject to CEQA to notify the requesting tribe as an invitation to consult on the project. As such, the City sent Tribal consultation letters to local tribes for the proposed Project (see Appendix 1). However, no tribes responded and requested formal consultation or mitigation With incorporation of standard conditions of approval, impacts related to resources listed or eligible for listing in the California Register of Historical resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k), or a resource determined to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024 1, would be less than significant. Cumulative Impacts While EIR No 329 did not analyze impacts to Tribal Cultural Resources, EIR No 329 did analyze impacts to cultural resources and noted that development of the area may disturb existing unknown archaeological or paleontological resources because of grading and excavation activities unless these areas are preserved as natural open space However, EIR No. 329 noted that if a certified archaeologist or paleontologist is present, where necessary, during the grading operations, these impacts may be largely mitigated EIR No. 329 also noted that this impact may be considered positive due to the discovery of resources which would have not otherwise been evaluated or uncovered because it is possible that grading and excavation in the area could uncover valuable resources which would contribute to the paleo-environmentaland archaeological record of the southwestern Riverside County area. Therefore, EIR No 329 determined that the Specific Plan would not have adverse cumulative cultural resources impacts. The proposed Project is located in a rapidly urbanizing area and is designated in the City's General Plan and Zoning Code for urban development Cumulative impacts related to development of the Project parcels with residential uses in conjunction with other development projects in the area were analyzed in the Environmental Impact Report prepared for the City of Menifee 2013 General Plan and were determined to be less than significant. While there are no known historical or tribal cultural resources on the Project parcels, mitigation has been incorporated in the unlikely event that potential tribal cultural resources are discovered during ground -disturbing activities. The proposed Project would be required to incorporate mitigation requiring archaeological and Native American monitoring during all -ground disturbing activities Therefore, the cumulative tribal cultural resources impact from the proposed Project would be less than significant. Conclusion EIR No 329 determined that potential impacts to cultural resources would be less than significant The Project would be within the scope of what is permitted by the Menifee Village Specific Plan and what was evaluated in EIR No. 329 and would not produce new or substantially more severe environmental impacts, with incorporation of standard conditions of approval requiring implementation of a cultural resources monitoring program conducted by an archaeologist and Native American representative during grading of the Project parcels. As such, no subsequent environmental analysis required. Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts 4.21— Utilities and Service Systems Would the Project: 7 — — Pro — — N. ! Changes Now hdonndloo Eff6d I Involving Neer Cimumstances Showing Examined Conclusion i or More involving Now New or More In EIR No. In EIR No. Severe or More Severe Severe 329? 3297 Impacts? Impacts? hnpects7 a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or Less than storm water drainage, Significant electric power, natural gas, Yes with No No No or telecommunications Mitigation facilities, the construction Incorporated or relocation of which could cause significant environmental effects? b) Have sufficient water supplies available to serve the Project and reasonably Less than foreseeable future Yes Significant No No No development during Impact normal, dry and multiple dry years? c) Result in a determination by the wastewater treatment provider which serves or Less than may serve the Project that Yes Significant No No No it has adequate capacity to Impact serve the Project's Projected demand in addition to the providers existing commitments? d) Generate solid waste in excess of State or local Less than standards, or in excess of Significant the capacity of local Yes with No No No infrastructure, or otherwise Mitigation impair the attainment of Incorporated solid waste reduction goals? e) Comply with federal, state, and local Less than management and reduction Yes Significant I No F No No statutes and regulations Impact related to solid waste? Menifee North Specific Plan Amendment No 5 97 City of Menifee 4 — Evaluation of Environmental Impacts A Hydraulic Analysis Report was prepared for each of the proposed Project parcels by Dexter Wilson Engineering, Inc. (See Appendix H). The information in this section was taken from the Hydraulic Analysis Reports Proposed Project In Relation to EIR No. 329 (a) New or Expanded Utility Infrastructure Water and Wastewater EIR No 329 noted that several water lines exist in the Planning Area, and development of the Specific Plan would require the existing water system to be expanded by placing new water mains on all proposed streets as well as extending new mains on existing streets to complete a looped watermain system. It was also noted that EMWD indicated that the Menifee North Specific Plan would be required to participate in the cost of the construction of a 5 million gallon water storage tank A preliminary Plan of Services, dated November 19, 1992, was prepared by Eastern Municipal Water District. This Plan of Services provides updated estimates of project related water demands by pressure zone. It also provides preliminary design concepts for the provision of domestic and reclaimed water service to the Menifee North and Menifee Ranch Specific Plans EIR No 329 also anticipated that EMWD would require the Specific Plan to construct a system of "dry" reclaimed water lines so the Specific Plan can ultimately utilize reclaimed water for specific irrigation upon completion of the necessary facility construction bringing reclaimed water near the area. EIR No 329 noted that the District was constructing reclaimed water system facilities which include Winchester area holding ponds located at the intersection of Simpson and Leon Roads (approximately one-half to one mile southeast of the subject project), a transmission pipeline aligned generally along Winchester and Leon Roads extending from the District's Temecula Valley Regional Water Reclamation Facility (TVRWRF) (located in the City of Temecula) to the Winchester area holding ponds, and pumping facilities located along the transmission pipeline EIR No. 329 found that the design and construction of off -site and on -site reclaimed water system improvements would be necessary to accomplish the delivery of reclaimed water to the Planning Area. EIR No 329 noted that developers must submit information that describes estimates of reclaimed water demand, and landscape/irrigation conceptual plans to the District for evaluation At the time of the District's evaluation, a determination would be made regarding District requirements for reclaimed water use and system improvements by the developer EIR No. 329 found that the District's facilities Master Plan indicated that off -site pipelines would be aligned along Simpson Road west of Leon Road, and logically along Briggs Road and/or Menifee Road north of Simpson Road to the Planning Area Also, a pipeline may be aligned along the AT&SF railroad extending from the PVRWRF, through the Planning Area, to Menifee Road EIR No. 329 noted that EMWD would also provide sewer service to the Specific Plan area, and that there were existing sewer lines in portions of the far east and far west sections of the Planning Area. It was also noted that the western portion of the Planning Area north of Highway 74 and west of San Jacinto Road lies within "Assessment District No. 5', that the Planning Area east of Briggs Road and north of McLaughlin Road lies within the "Homeland -Green Acres Districts", and that both Districts had existing sewers or sewers being installed. It was further noted that the center portion of the Planning Area would be within the proposed "Menifee Ranch Sewer District", and that the entire Planning Area lies within the service area of the Perris Valley Reclamation Facility (Romoland Plant) for sewage treatment However, EIR No. 329 found that this facility was at maximum capacity, and according to EMWD Ordinance No 68, adopted by the District on October4, 1989, the District could require a project to provide for reclaimed water use where applicable such as, golf courses, parks and common landscape areas As such, EIR No 329 anticipated that the District would require that provisions be made for at least a system of "dry" reclaimed water lines to be installed for future use when the District completes the necessary facility construction to bring reclaimed water near the Planning Area Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts EIR No. 329 noted that the estimated sewage generation from the Menifee North Specific Plan assumed a generation rate of 100 gallons per person per day and 3,000 gallons per acre for Commercial, Business Park, Schools and Industrial uses EIR No. 329 also noted that the Specific Plan area would be serviced through the expansion of existing sewer lines located in both the far east and west portions ofthe Planning Area, and that developers would be required to partiapale in the proposed "Menifee Ranch Sewer District," and the existing assessment Dislnct No. 5 as well as the Horneiand- Green Acres District, all of which would control the expansion of sewer facilities in the Planning Area. As the southern portions of the Planning Area generally are lower in elevation than the proposed system, EIR No. 329 determined that a pumping station and forcemain would need to be installed near Briggs and Matthews Roads to lift the sewage from this area up to a gravity sewer system, which was proposed on an extension of Rouse Road It was further determined that the Perris Valley Reclamation Facility (Romoland Plant) for sewage treatment was at maximum capacity and, therefore, insufficient capacity existed for the Menifee North Specific Plan. In order to provide for future treatment plant capaoty EIR No. 329 noted that project developers were working with the F. as'.ern Municipal VNater D,stnct and had provided an excess of 3 minion dollars to fund the design and uuimalely the construction of a new Romoland Treatment Plant. It was further noted that the new plant would increase the existing plant capacity by 18 MGD. EIR No 329 determined that the payment of fees to EMWD would prevent any negative financial impacts to the District It was noted that EMWD would collect a maximum of $3,500 per unit from developers in the area for construction of the Romoland Treatment Plant Expansion, all lines would be designed per EMWD requirements, and the infrastructural system would be installed to the requirements of the County's Engineering Department In addition, it was noted that the following State laws require water efficient plumbing fixtures in structures to minimize water use in the Planning Area: • Health and Safety Code Section 17921 3 requires low -flush toilets and urinals in virtually all buildings • Title 20, California Administrative Code Section 1604(0 (Appliance Efficiency Standards) establishes efficiency standards that set the maximum flow rate of all new showerheads, lavatory faucets, etc. • Title 20, California Administrative Code Section 1601(b) (Appliance Efficiency Standards) prohibits the sale of fixtures that do not comply with regulations • Title 24, California Adminisl:l-ative Code Section 2-5307(b) (Califomia Energy Conservation Standards for New Buildings) prohibits the installation of fixtures unless the manufacturer has certified to the CEC compliance with the flow rate standards. • Title 24, California Administrative Code Sections 2-5452(i) and G) address pipe insulation requirements, which can reduce water used before hot water reaches equipment or fixtures • Health and Safety Code Section 4047 prohibits installation of residential water softening or conditioning appliances unless certain conditions are satisfied. • Government Code Section 7800 specifies that lavatories in all public facilities be equipped with self -closing faucets that limit flow of hot water. Additionally, EIR No. 329 found that water and sewer demands would be further mitigated through implementation of Water and Sewer Plan Development Standards of the Specific Plan. For these reasons, EIR No 329 determined that water and wastewater related impacts would be less than significant. Menifee North Specific Plan Amendment No 5 City of Menifee 4 —Evaluation of Environmental Impacts The proposed Project would result in a net reduction in the number of dwelling units when compared to what was analyzed in EIR No 329 Therefore, the proposed Project would not require new orexpanded water or wastewater infrastructure and would have a less than significant impact Stormwater Drainage EIR No. 329 noted that drainage patterns and the quality, velocity and composition of runoff would be altered by large scale grading of areas planned for construction, as well as the creation of impervious surfaces (such as roadways, driveways, parking lots, etc ). It was also noted that runoff would increase flows in the Salt Creek and ultimately the San Jacinto River, potentially impacting downstream capacity. EIR No 329 found that the Planning Area lies within the boundaries of the Homeland and Romoland Area Drainage Plans, and would be subject to a per acre assessment fee established by the Riverside County Flood Control and Water Conservation District, thereby contributing to regional drainage mitigation programs in the area EIR No. 329 noted that development of the Specific Plan would include construction of accompanying drainage improvements, that all improvements would be constructed in accordance with the standards of the Riverside County Flood Control District (RCFCD), and that the Specific Plan incorporates Master Drainage Plan (MDP) improvements designed to reduce the impacts of increased surface runoff on the stormwater drainage system. EIR No 329 anticipated that many of those facilities would be constructed as part of the conditions of approval and at the discretion of the RCFCD. It was further noted that credit against drainage fees would be given to developers for all Area Drainage Plan (ADP) facilities constructed to serve the Planning Area Therefore, EIR No. 329 determined that impacts related to stormwater drainage would be less than significant. Potentially significant impacts to the existing drainage pattern of the site or area could occur if development of the proposed Project results in the relocation or construction of new or expanded stormwater drainage facilities Development of the proposed Project would increase the net area of impermeable surfaces; therefore, increased discharges to the City's existing stormwater drainage system would likely occur. However, development of the proposed Project would include construction of accompanying stormwater drainage improvements Stormwater would be collected on -site in storm drains, retained on site if necessary, and conveyed to the City's storm drainage system as capacity allows The drainage improvements would be constructed in accordance with the MDP and the RCFCD's requirements. Permits to connect to the existing stormwater drainage system would be obtained prior to construction of the proposed Project. All drainage plans are subject to City review and approval Therefore, the increase in discharges would not impact local storm drain capacity Impacts related to stormwater drainage would be less than significant. Electncity and Natural Gas Service EIR No 329 noted that implementation of the Menifee North Specific Plan would result in an increased demand for natural gas and electricity, and that the primary use of natural gas by the Menifee North Specific Plan would be for combustion to produce space heating, water heating and other miscellaneous heating or air conditioning. Based upon an average monthly consumption of 6,665 cubic feet of natural gas per month per single-family dwelling unit, EIR No. 329 estimated that the 2,654 residential units would require approximately 17,688.910 cubic feet of natural gas per month plus 2 9 cubic feet per square foot per month for the 2,535,410 square feet of commercial use, 2.0 cubic feet per square foot per month for the 3,590,433 square feet of the combined commercial/business park and business park use, and 3,011,085 square feet of industrial space (these square footage totals are based upon an assumed floor to area ratio of 35 % coverage) This lot coverage ratio was selected in order to provide an assessment of maximum probable ("worst -case") impacts, for a total of 38,244,635 cubic feet per month Based upon an average annual per dwelling unit consumption of 6,081 kilowatt hours (kwh) of electricity, and 8 8 kwh per square foot per year for commercial, business, and industrial space use, it was estimated that total electrical usage for the Specific Plan would be approximately 96.543.940 kwh per year. EIR No 329 noted that the Southern California Gas Company and the Southern California 100 Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts Edison Company would provide their respective services to Menifee North in accordance with policies and rules for extension of service on file with the California Public Utilities Commission and, provided that there are no unexpected outages to major sources of electrical supply and the demand for electrical generating capacity exceeds the Southern California Edison Company's estimates, it was anticipated that electrical requirements would be met over the life of the Specific Plan. In addition, mitigation measures were incorporated requiring cooperation with utility providers and energy -efficient design standards With incorporation of mitigation measures, EIR No 329 determined that impacts related to natural gas and electricity infrastructure would be less than significant. The proposed Project is within the scope of the Menifee North Specific Plan. The Project would include accompanying electricity and natural gas connections Project developers would be required to construct all natural gas and electricity improvements in accordance with existing standards and guidelines. The Project would not result in or require the installation of new or expanded natural gas or electricity facilities As such, the proposed Project would be required to adhere to the requirements of mitigation measures MM-D 7.1 through MM-D.7.3. Therefore, with incorporation ofmitigation measures MM-D.7.1 through MM-D 7.3, the proposed Project is anticipated to have a less than significant impact. EIR No. 329 Mitigation Measures MM-D.7.1 Development plans will be provided to Southern California Edison, the Southern California Gas Company and General Telephone Company as they become available in order to facilitate engineering, design and construction of improvements necessary to provide services to the project site MM-D.7.2 The applicant will comply with guidelines provided by the Southern California Gas Company in regard to easement restriction, construction guidelines, protection of pipeline easement and potential amendments to right-of-way in the areas of any existing Gas Company easements. MM-D.7.3 Building energy conservation will be largely achieved by compliance with Title 24 of the Energy Conservation Code Title 24, California Administrative Code Section 2- 5307(b) is the California Energy Conservation Standard for New Buildings which prohibits the installation of fixtures unless the manufacturer has certified to the CEC compliance with the flow rate standards. Title 24. California Administrative Code Sections 2-5452(i) and Q) address pipe insulation requirements which can reduce water used before hot water reaches equipment or fixtures Title 20, California Administrative Code Sections 1604(f) and 1601(b) are Appliance Efficiency Standards that set the maximum flow rates of all plumbing fixtures and prohibit the sale of non -conforming fixtures. Telecommunications EIR No. 329 noted that the General Telephone Company had buried cables in Highway 74, Briggs Road and Menifee Road, and that telephone service to the Planning Area is fed from Highway 74 by the Perris Exchange. EIR No 329 determined that impacts to telephone and cable television services would be less than srgnifcant with development of the Menifee Village Specific Plan. The proposed Project does not require the provision of telephone or cable television services Therefore, the proposed Project would not have an impact on telecommunications facilities Conclusion Potentially significant impacts could occur if development of the Project results in or requires relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric Menifee North Specific Plan Amendment No 5 101 City of Menifee 4 — Evaluation of Environmental Impacts power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects. The proposed Project is within the scope of the Menifee North Specific Plan. Because EIR No 329 determined that existing and planned water, wastewater, and stormwater facilities would have the capacity to serve the Specific Plan at buildout, and because the proposed Project would result in less development capacity than was analyzed in EIR No. 329, the proposed Project would not require or result in the relocation or construction of new or expanded facilities In addition, because existing electricity, natural gas, and telecommunications facilities serve the Specific Plan area, expansion or construction of these facilities would not be required Impacts from the proposed Project would be less than significant. (b) Sufficient Water Supplies. As discussed in 4.21.a above, EIR No 329 found that sufficient water supplies would be available for the Specific Plan with construction of off -site and on -site reclaimed water system improvements Therefore, EIR No 329 determined that impacts would be less than significant. Potentially significant impacts could occur if development of the Project resulted in insufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry and multiple dry years The proposed Project is within the scope of the Menifee North Specific Plan. Because EIR No. 329 determined that existing and future water supplies would have the capacity to serve the Specific Plan at buildout, and because the proposed Project would result in slightly less development capacity than was analyzed in EIR No 329, there would be sufficient water supplies to support the proposed Project. Impacts from the proposed Project would be less than significant. (c) Wastewater Treatment Capacity. As discussed in 4 21.a above, EIR No 329 found that payment of fees to EMWD towards expansion of the District's wastewater treatment plants would prevent any negative financial impacts to the District. It was also noted that EMWD would collect a maximum of $3,500 per unit from developers in the area for construction of the Romoland Treatment Plant Expansion, all lines would be designed per EMWD requirements, and the infrastructural system would be installed to the requirements of the County's Engineering Department Additionally, EIR No 329 found that sewer demands would be further mitigated through implementation of Water and Sewer Plan Development Standards of the Specific Plan For these reasons, EIR No. 329 determined that wastewater related impacts would be less than significant. The proposed Project would result in a net reduction in the number of dwelling units when compared to what was analyzed in EIR No. 329 Therefore, the proposed Project would not require new or expanded wastewater infrastructure and would have a less than significant impact. (d) Solid Waste Infrastructure EIR No. 329 noted that solid waste collection service to the Specific Plan area would be provided by one of the following agencies serving the area: Inland Disposal, Automated Disposal, Moreno Valley Disposal and Sunny Edge Disposal EIR No 329 also noted that development of the Specific Plan would increase the amount of solid waste generated in the region, in turn placing increased demand upon services of waste haulers in the area. Utilizing the Solid Waste Management Districts generation rate of 9.7 pounds per capita with their dwelling unit occupancy factor of 2 59 persons per dwelling unit, EIR No 329 determined that the Specific Plan could generate a population of 6,874 persons, and this additional population could generate approximately 66,678 pounds or 83 8 tons of refuse daily (including residential, commercial, agricultural and industrial wastes). It was further noted that solid waste generated during the construction phases would add additional refuse EIR No. 329 noted that the County Waste Management District believes that efforts made toward waste reduction and recycling would reduce the quantity of waste disposal and lowerfuture annual percentage increases in daily per capita waste generation The County Waste Management District recommended 102 Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts that the Menifee North Specific Plan include methods to reduce the quantity of waste being landfilled, including proper site design for the storage of recyclables separated for pick-up. As such, EIR No. 329 found that implementation of a waste disposal strategy for the Specific Plan could assist Riverside County in achieving the mandated goals of the Integrated Waste Management Act by developing feasible waste programs that encourage source reduction, recycling and composting In order to aid Riverside County achieving the mandated goals of the Integrated Waste Management Act. EIR No. 329 anticipated that the Specific Plan developers would work with future contract refuse haulers to implement recycling and waste reduction programs for residential. commercial, and industrial wastes Further, it was anticipated that the Specific Plan developers would work with their permitted refuse haulers to proceed with curbside collection of recyclable products on a common schedule set forth in the County Resolution No. 90-402. EIR noted that the County Solid Waste Management Plan includes programs to reduce the quantities of waste being sent to landfills, and that these programs include source reduction, separation of recoverables, composting and high technology resource recovery It was further noted that the County encouraged the general public, schools and businesses to learn and utilize information regarding recycling and the use of recycled materials, and encouraged large projects and other municipalities to implement methods for inclusion of separate and enlarged trash enclosures to store recycled materials (glass, newspaper, aluminum, etc.) particularly within multi -family and commercial projects As such, EIR No 329 determined that the implementation of these programs would reduce the increase in solid waste generation associated with new development, which in turn would extend the fife of affected disposal sites Finally, in order to ensure the implementation of these programs, EIR No. 329 incorporated mitigation measures requiring cooperation between developers and the County Waste Management District, requiring notification of refuse haulers of the requirements of County Resolution No. 90-402, and requiring consideration of trash compactor installation and collection points for recycling solid waste. With adherence to mitigation measures and existing regulations, EIR No 329 determined that impacts to solid waste infrastructure would be less than significant. Potentially significant impacts could occur if development of the Project generated solid waste in excess of State or local standards. or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals The proposed Project is within the scope of the Menifee North Specific Plan. Compliance with County waste reduction programs and policies would reduce the volume of solid waste entering landfills from the Project. Individual development projects within the County are required to comply with applicable state and local regulations, thus reducing the amount of landfill waste by at least 50 percent The proposed Project would result in the development of 314 dwelling units and would increase the volume of solid waste generated in the County by approximately 1.523 tons per year. According to CalRecycle, solid waste facilities serving Riverside County are projected to have a combined annual disposal limit of 3,633,512 tons and an annual remaining lifetime capacity surplus of 154.709,576 tons in the year 2025 (CalRecycle, 2022). As such, combined remaining capacities at area landfills would be adequate to accommodate the proposed Project In addition, the proposed Project would be required to adhere to the requirements of mitigation measures MM-D.8 1 and MM-D.8.2 Therefore, with incorporation of mitigation measures MM-D 8.1 and MM-D 8 2, impacts related to sufficient landfill capacity are anticipated to be less than significant. EIR No. 329 Mitigation Measures MM-D.8.1 The project applicant shall work with the County Waste Management District and participate in efforts to achieve the mandated goals ofthe Integrated Waste Management Act. Additionally, the proposed permitted refuse hauler for the project site shall be advised of the efforts the developer will be pursuing relating to recycling and waste Menifee North Specific Plan Amendment No 5 103 City of Menifee 4 — Evaluation of Environmental Impacts reduction (i e , curbside recycling, buy back centers, etc.) in accordance with County Resolution No. 90-402 MM-D.8.2 The developer will consider the feasibility of installing trash compactors as a standard feature in new homes, as well as establishing collection points for recycling of solid waste. In addition, industrial and commercial businesses will be encouraged to utilize trash compactors. (e) Solid Waste Regulations. EIR No 329 determined that the Specific Plan would be in compliance with the County Solid Waste Management Plan and the Integrated Waste Management Act of 1989 with incorporation of mitigation measures requiring cooperation between developers and the County Waste Management District, requiring notification of refuse haulers of the requirements of County Resolution No. 90-402, and requiring consideration of trash compactor installation and collection points for recycling solid waste nth adherence to mitigation measures and existing regulations, EIR No 329 determined there would be a less than significant impact relative to solid waste regulations The proposed Project would comply with all applicable federal, State, and local management and reduction statutes and regulations related to solid waste. Therefore, the proposed Project would not introduce new impacts or create more severe impacts related compliance with federal, State, and local statutes and regulations than those previously analyzed in EIR No 329 Impacts would be less than significant. Cumulative Im Da CtS EIR No 329 noted that increased development in the Planning Area would incrementally increase the demand for public utilities and services, including water and sewer service; electricity and natural gas services; telephone and cable television services; and solid waste disposal service. EIR No 329 noted that this increased demand may be viewed as a growth -inducement to existing systems, which may result in expansion or extension of existing service facilities to serve all anticipated projects. In terms of water and sewer, EIR No. 329 found that increased expansion in the Specific Plan area would increase the demand from the Eastern Municipal Water District and any other affected Districts for sewer and water service. It was also found that additional lines and facilities would be required and improvement districts formed to provide these services effectively to all developments in the area. It was further noted that the Eastern Municipal Water District is in the process of Master Planning the expansion of the Perris Valley Water Reclamation Facility, and it was anticipated that EMWD would require development projects to construct reclaimed water lines on -site so that when the regional system is complete, the projects can ultimately utilize reclaimed water for certain types of irrigation EIR No 329 found that the addition of 32,500 dwelling units and 850 acres of commercial and business/industrial park use to the area would also create a need for additional electricity and natural gas service With an estimated cumulative total of 32,500 dwelling units in the Specific Plan area, EIR No 329 found that the ultimate demand for electricity for the proposed residential uses alone may reach 197,632,500 kwh/year As such, it was determined that additional electricity would be required to serve the commercial and business park uses In addition, EIR No 329 found that approximately 216,612,500 cubic feet per month of natural gas could be consumed as a result of the Specific Plan As a result, it was determined that additional natural gas would be required to serve the commercial and business park uses Finally, EIR No. 329 found that development of the uses proposed by the Specific Plan could result in the generation of 256 tons of solid waste per day (assuming 5 7 Ibs per person per day), and it was determined that this would incrementally contribute to the decreased lifespan of the Lamb Canyon and other landfill sites in the County. However, with adherence to the requirements of the County Waste Management Plan and implementation of mitigation measures, EIR No 329 determined that the Speck Plan would 104 Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts achieve the goals of the Integrated Waste Management Act Therefore, OR No 329 determined that cumulative solid waste impacts would be less than significant. The proposed Project is located in a rapidly urbanizing area and is designated in the City's General Plan and Zoning Code for urban development. Cumulative impacts related to development of the Project parcels with residential uses in conjunction with other development projects in the area were analyzed in the Environmental Impact Report prepared for the City of Menifee 2013 General Plan and were determined to be less than significant. The proposed Project would be required to comply with the County Waste Management Plan as well as all applicable federal, State, and local management and reduction statutes and regulations related to solid waste. Therefore, the cumulative solid waste impact from the proposed Project would be less than significant. Conclusion EIR No. 329 concluded that utility and service demands of the entire Menifee Village Specific Plan would be less than significant with incorporation of mitigation measures Since the proposed Project is within the scope of the Menifee North Specific Plan, and because the proposed Project would result in slightly less development capacity than was analyzed in EIR No 329, the proposed Project would also have less than significant impacts related to utilities and services. The Project would be within the scope of what is permitted by the Specific Plan and what was evaluated in EIR No. 329 and would not produce new or substantially more severe environmental impacts As such, no subsequent environmental analysis and no new mitigation are required. Menifee North Specific Plan Amendment No 5 105 City of Menifee 4 — Evaluation of Environmental Impacts 4.22 - Wildfire If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: proposed New Changes New Information erect Involving New Circumstances Showing Examined I Conclusion or More Involving New New or Mon In EIR No. In EIR No. Severe or More Severe Severe 3297 329? Impacts? Impacts? Impacts? a) Substantially impair an adopted emergency Not response plan or No No No No emergency evacuation Analyzed plan? i b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, No Not No No No pollutant concentrations Analyzed from a wildfire or the uncontrolled spread of wildfire? c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or No Not No No No other utilities), that may Analyzed exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risks, including downslope or downstream flooding or Not landslides, as a result of No Analyzed No No No runoff, post -fire slope instability, or drainage changes? Proposed Protect In Relation to EIR No. 329 (a) Impairment of Emergency Plans. EIR No. 329 did not analyze impacts related to impairment of an adopted emergency response plan or emergency evacuation plan. However, although EIR No. 329 did not address this subject, EIR No. 329 contained enough information about hazards impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about 106 Addendum to EIR No. 329 December 16, 2023 4 —Evaluation of Environmental Impacts the Menifee North Specific Plan's potential effects related to impairment of emergency plans was readily available to the public According to the latest Fire Hazard Severity Zone (FHSZ) maps prepared by the California Department of Forestry and Fire Protection (CALFIRE), the Specific Plan area is not designated as a Very High Fire Hazard Severity Zone in a Local Responsibility Area (LRA). The proposed residential subdivisions would be designed to meet state and local requirements for sufficient spacing between structures and clearance of brush In addition, sufficient space would have to be provided around the proposed residential structures for emergency personnel and equipment access and emergency evacuation. There would be multiple points of ingress and egress for the proposed residential subdivisions. The Project would be within the scope of what is permitted by the Menifee North Specific Plan and what was evaluated in EIR No 329 and would not produce new or substantially more severe environmental impacts Therefore, impacts related to impairment of emergency plans would be less than significant and no subsequent environmental analysis and no mitigation are required. (b) Pollutant Concentrations from Wildfire. EIR No 329 did not analyze impacts related to exposure of project occupants to pollution concentrations from wildfire However, although EIR No. 329 did not address this subject. EIR No. 329 contained enough information about hazards impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects related to pollutant concentrations from wildfire was readily available to the public The proposed Project is within the scope of the Menifee North Specific Plan. The Project does not include development within any hillside areas and is not designated as a Very High Fire Hazard Seventy Zone within an LRA. The Project would not exacerbate wildfire risks, thereby exposing Project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of wildfire Therefore, impacts related to pollutant concentrations from wildfire would be less than significant and no subsequent environmental analysis and no mitigation are required. (c) Installation or Maintenance of Associated Infrastructure. EIR No. 329 did not analyze impacts related to the installation or maintenance of associated infrastructure that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment. However, although EIR No. 329 did not address this subject, EIR No 329 contained enough information about hazards impacts associated with the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Specific Plan's potential effects related to installation or maintenance of associated infrastructure was readily available to the public The proposed Project is within the scope of the Menifee North Specific Plan The Specific Plan area has been largely built out and the necessary infrastructure is in place to support the proposed Project. Project roadways would connect to the existing roadway system in the area and utility connecl�ons would be made for sewer and electric services Development would not occur in hillside areas and the Specific Plan area is not designated as a Very High Fire Hazard Severity Zone within an LRA The Project would not require the installation or maintenance of associated infrastructure that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment Therefore, impacts related to installation or maintenance of associated infrastructure would be less than significant and no subsequent environmental analysis and no mitigation are required. (d) Post -Fire Slope Instability or Drainage Changes. EIR No. 329 did not analyze impacts related to post -fire slope instability, or drainage changes. However, although EIR No. 329 did not address this subject. EIR No 329 contained enough information about hazards impacts associated With the Menifee North Specific Plan that with the exercise of reasonable diligence, information about the Menifee North Menifee North Specific Plan Amendment No 5 107 City of Menifee 4 —Evaluation of Environmental Impacts Specific Plan's potential effects related to post -fire slope stability and drainage changes was readily available to the public. The Project area is relatively flat and no development is proposed in the hillside areas in the northern portion of the Specific Plan area that are designated as a Very High Fire Hazard Severity Zone in an LRA. By avoiding development in these areas, the Project would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post - fire slope instability, or drainage changes. Development of the proposed Project would comply with the California Uniform Building Code for grading and drainage. The Project area is not subject to flooding or liquefaction Therefore, impacts related to post -fire slope instability or drainage changes would be less than significant and no subsequent environmental analysis and no mitigation are required. Cumulative Imoacts EIR No. 329 did not analyze impacts related to wildfire The proposed Project is located in a rapidly urbanizing area and is designated in the City's General Plan and Zoning Code for urban development Cumulative impacts related to development of the Project parcels with residential uses in conjunction with other development projects in the area were analyzed in the Environmental Impact Report prepared for the City of Menifee 2013 General Plan and were determined to be less than significant The proposed Project is not located in or near state responsibility areas or lands classed as very high fire hazard severity zones. Therefore, the cumulative wildfire impact from the proposed Project would be less than significant. Conclusion EIR No 329 did not analyze impacts related to wildfire The proposed Project would be within the scope of what is permitted by the Menifee North Specific Plan and what was evaluated in EIR No. 329 and would not produce new or substantially more severe environmental impacts. As such, no subsequent environmental analysis and no new mitigation are required 108 Addendum to EIR No 329 December 18, 2023 4 — Evaluation of Environmental Impacts 4.23 - Mandatory Findings of Significance Proposed New Changes I New Information Effect Involving New Circumstances Showing Examined Conclusion or More Involving New New or More In EIR No. In EIR No. Severe or More Severe Severe 329? 329? Impacts? Impacts? Impacts? a) Does the Project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop Less than below self-sustaining Significant levels, threaten to eliminate Yes with No No No a plant or animal Mitigation community, reduce the Incorporated number or restrict the range of a rare or endangered plant or animal OF eliminate important examples of the major periods of California history or prehistory? b) Does the Project have Less than impacts that are Significant individually limited, but Yes with No No No cumulatively considerable? Mitigation Incorporated c) Does the Project have Less than environmental effects Significant which will cause Yes with No No No substantial adverse effects Mitigation on human beings, either Incorporated directly or indirectly? Proposed Project In Relation to EIR No. 329 (a) Significant Biological or Cultural Impacts. There are no endangered or threatened species on or supported by the Project parcels. As stated in Section 4.4, development of the proposed Project would not cause a fish or wildlife population to drop below self-sustaining levels or restrict the movement/distribution of a rare or endangered species. Development of the proposed Project would result in the conversion of approximately 60 acres of vacant, disturbed land to residential uses. The proposed Project would not affect any threatened or endangered species or habitat. Potential impacts to Stephen's Kangaroo rat would be less than significant with adherence to mitigation from EIR No. 329, which requires burrowing owl and nesting surveys prior to ground -disturbing activities. Potential impacts to onsite biological resources are reduced to a less than significant level with adherence to the identified mitigation measures. There are no known unique ethnic or cultural values associated with the site, nor are there any Native American, religious, or sacred uses associated with the Project site. There are also no structures present that would be eligible for listing in either the National Register of Historic Menifee North Specific Plan Amendment No. 5 109 City of Menifee 4 — Evaluation of Environmental Impacts Places or the California Register of Historical Resources, so they are not considered historical resources under CEQA, and thus there would be no significant impacts resulting from the development of the Project on these resources. Standard conditions of approval and MM-C.15.1 have been identified to mitigate potential impacts associated with the discovery of unanticipated subsurface historical, archaeological, tribal cultural, and/or paleontological resources (respectively) during excavation operations. Adherence to regulatory requirements and the recommended mitigation measures would reduce potential impacts associated with cultural, historic, or paleontological resources to a less than significant level (b) Cumulative Impacts. The Menifee North Specific Plan is located within an area undergoing rapid urbanization as a result of demand pressures for housing, as is occurring in most of Riverside County Increased development in the Specific Plan area would incrementally increase the demand for public utilities and services, including water and sewer service; electricity and natural gas services; telephone and cable television services; police and fire protection; school and park facilities; public transportation; hospital and ambulance service; and solid waste disposal service This increased demand may be viewed as a growth -inducement to existing systems, which may result in expansion or extension of existing service facilities to serve all anticipated projects. However, some of these needs would be met through the development of the Menifee North Specific Plan itself which includes residential, commercial, business park, recreational and educational land uses. Other approved and proposed Specific Plan projects in the area would also satisfy many of the needs of residents of Menifee North. Project phasing is also expected to help regulate growth As these and many other development proposals in the area have already been formulated, they cannot be considered a result of "growth - inducing' impacts from the Menifee North Specific Plan Conversely, to the southwest, north and east of the site are areas presently developed at "rural densities" or in agricultural and open space uses. It is these areas that are most susceptible to growth inducing impacts. Development of the Project parcels would include provision or extension of roadways, critical utility and energy systems which could eliminate potential constraints and increase financial incentives for development and serve as a growth - inducement EIR No. 329 determined that Construction of numerous additional projects would cumulatively impact air quality in the vicinity, and air quality would be temporarily degraded during construction activities which occur separately or simultaneously. However, EIR No. 329 determined that the greatest cumulative impact on the quality of the regional air cell would be in incremental additional pollutants from increased traffic in the area and increased consumption of energy by inhabitants of the various new projects. As such, EIR No. 329 considered this to be a significant impact, both as a result of individual projects and on a cumulative basis. Potential cumulative impacts related to soil erosion and water quality are addressed by regulatory compliance. The type, scale, and location of the proposed Project is consistent with and slightly less intense than that evaluated in EIR No. 329, and the Project is consistent with the General Plan and the Specific Plan zoning for the Project parcels Because of this consistency, the other potential cumulative environmental effects of the proposed Project would fall within those already identified in EIR No. 329. Therefore, no cumulative impact greater than those identified in EIR No. 329 would result from either the construction or occupation of the proposed Project and implementation of the recommended Project mitigation (c) Substantial Adverse Effects on Human Beings. As detailed in the preceding responses, development of the proposed Project would not result, either directly or indirectly, in adverse effects to human beings Short- and long-term construction impacts are addressed by mitigation, and no significant noise impacts are anticipated to occur with the implementation of the proposed Project Impacts would be less than significant with implementation of mitigation measures. 110 Addendum to EIR No 329 December 18, 2023 5 Applicable Mitigation The following mitigation measures are applicable to the proposed Project: AESTHETICS MM-D.11.1 Because of the property's location with respect to Palomar Observatory, low-pressure sodium vapor lamps for street lighting will be used. MM-D.11.2 Other potentially lighted areas (Le , entry monumentation, commercial, business, and industrial signage) shall orient and shield light to prevent direct upward illumination MM-D.11.3 The project will be subject to County Ordinance No. 655 regulating light pollution AIR QUALITY MM-C.6.1 The quantity of particulate matter and other pollutants emitted during the grading and construction phase of the proposed project may be reduced through watering graded surfaces end planting ground cover as dust palliatives, in accordance with SCAQMD Rule 403. Though not required by SCAQMD Rule 403, the following additional mitigations are recommended to minimize construction activity emissions: Water site and equipment morning and evening; spread soil binders on site, unpaved roads and parking areas; operate street -sweepers on paved roads adjacent to site; reestablish ground cover on construction site through seeding and watering; pave construction access roads, clean up the access roads and public roadways of soil, if necessary; and implement rapid cleaning up of debris from streets after major storm events. The following mitigations are recommended to reduce construction equipment emissions: wash off trucks leaving site; require trucks to maintain two feet of freeboard, i.e., the distance between the top of the load and the top of the truck bed sides; properly tune and maintain construction equipment, and use low sulfurfuel for construction equipment MM-C.6.5 Low VOC (Volatile Organic Compound) emitting paints should be used BIOLOGICAL RESOURCES MM-C.11.1 As the Stephen's Kangaroo Rat is on the Federal Endangered Species list, the project will be required to participate in the County's Interim Mitigation Plan, requiring payment of $1,950 per acre of land within SKR range in spite of the fact that SKR was not found onsite during two separate SKR surveys. Within the Habitat Conservation Plan, these funds will be utilized for acquisition of replacement habitat to compensate for the on -site loss of this endangered species. The 10A permit which allows the "incidental taking" of this species is subject to the six-month allocation of available habitat in accordance with U.S Fish and Wildlife regulations. In order to receive this allocation, the project shall comply with all aspects of the Habitat Conservation Plan This mitigation has been deemed to be a sufficient mitigation measure relative to the incidental taking of the species by the County of Riverside Menifee North Specific Plan Amendment No 5 111 City of Menifee 6 — Applicable Mitigation CULTURAL(ARCHAEOLOGICAL)RESOURCES MM-C.15.1 Monitoring during ground -disturbing activities, such as grading or trenching, by a qualified archaeologist is recommended to ensure that if buried features (i.e., human remains, hearths, or cultural deposits) are present, they will be handled in a timely and proper manner The scope of the monitoring program is provided below: 1) Prior to issuance of a grading permit, the applicant shall provide written verification that a certified archaeologist has been retained to implement the monitoring program. This verification shall be presented in a letter from the project archaeologist to the lead agency. 2) The project applicant shall provide Native American monitoring during grading. The Native American monitor shall work in concert with the archaeological monitor to observe ground disturbances and search for cultural materials 3) The certified archaeologist shall attend the pre -grading meeting with the contractors to explain and coordinate the requirements of the monitoring program. 4) During the original cutting of previously undisturbed deposits, the archaeological monitor(s) and tribal representative shall be on -site, as determined by the consulting archaeologist, to perform periodic inspections of the excavations. The frequency of inspections will depend upon the rate of excavation, the materials excavated, and the presence and abundance of artifacts and features. The consulting archaeologist shall have the authority to modify the monitoring program if the potential for cultural resources appears to be less than anticipated. 5) Isolates and clearly non -significant deposits will be minimally documented in the field so the monitored grading can proceed 6) In the event that previously unidentified cultural resources are discovered, the archaeologist shall have the authority to divert ortemporarily halt ground disturbance operation in the area of discovery to allow for the evaluation of potentially significant cultural resources. The archaeologist shall contact the lead agency at the time of discovery. The archaeologist, in consultation with the lead agency, shall determine the significance of the discovered resources. The lead agency must concur with the evaluation before construction activities will be allowed to resume in the affected area For significant cultural resources, a Research Design and Data Recovery Program to mitigate impacts shall be prepared by the consulting archaeologist and approved by the lead agency before being carried out using professional archaeological methods. If any human bones are discovered, the county coroner and lead agency shall be contacted In the event that the remains are determined to be of Native American origin, the Most Likely Descendant (MLD), as identified by the NAHC, shall be contacted in order to determine proper treatment and disposition of the remains 7) Before construction activities are allowed to resume in the affected area, the artifacts shall be recovered and features recorded using professional archaeological methods The project archaeologist shall determine the amount of material to be recovered for an adequate artifact sample for analysis 8) All cultural material collected during the grading monitoring program shall be processed and curated according to the current professional repository standards. The collections and associated records shall be transferred, including title, to an appropriate curation facility, to be accompanied by payment of the fees necessary for permanent curation 9) A report documenting the field and analysis results and interpreting the artifact and research data within the research context shall be completed and submitted to the 112 Addendum to EIR No 329 December 16, 2023 6— Applicable Mitigation satisfaction of the lead agency prior to the issuance of any building permits. The report will include DPR Primary and Archaeological Site Forms ENERGY RESOURCES MM-C.13.1 Passive solar heating techniques will be encouraged whenever possible within the project. Passive systems involve orienting buildings properly, planting trees to take advantage of the sun, seeing that roof over hangs are adequate, making sure that walls are properly insulated and installing simple heat storage systems MM-C.13.2 Building energy conservation will largely be achieved for residential, commercial, business park and industrial units by compliance with Title 24 of the California Administrative Code. Title 24. California Administrative Code Section 2-5307(b) is the California Energy Conservation Standard for New Buildings which. prohibits the installation of fixtures unless the manufacturer has certified to the CEC compliance with the flow rate standards Title 24. California Administrative Code Sections 2-5452(i) and G) address pipe installation requirements which can reduce water used before hot water reaches equipment or fixtures. Title 20, California Administrative Code Sections 1604(0 and 1601(b) are Appliance Efficiency Standards that set the maximum flow rates of all plumbing fixtures and prohibit the sale of non -conforming fixtures. GEOLOGY AND SOILS (PALEONTOLOGICAL RESOURCES) MM-C.15.1 Since the paleontologic sensitivity for the site is very low, there is no need to have a grading monitor present on the property for near surface grading. However, earthmoving occurring at depths greater than 10 feet shall be monitored by a qualified paleontologist, along with older alluvium deposits which occur at depths of less than ten feet Monitoring on a part-time basis should be satisfactory for the Project given the relatively low sensitivity of the sediments. If fossils are found by the owners of the property, their agents, contractors, or subcontractors during the development of the property, they shall be reported immediately to a qualified, professional paleontologist for evaluation. If grading of older alluvium occurs or earthmoving occurs at depths of more than ten feet, or if fossils are encountered on the property during development, the following mitigation procedures shall be followed: The project paleontologist shall immediately evaluate the fossils which have been discovered to determine if they are significant and, if so, to develop a plan to collect and study them for the purpose of mitigation. A paleontologic monitor shall be immediately retained to be present during earthmoving on the property The monitor must be empowered to temporarily halt or redirect excavation equipment if additional fossils are found to allow evaluation and removal of them if necessary. The monitor shall be equipped to speedily collect specimens if they are encountered The monitor, with assistance if necessary, shall collect individual fossils and/or samples of fossil bearing sediments. If specimens of small animal species are encountered, the most time and cost efficient method of recovery is to remove a selected volume of fossil bearing earth from the grading area and stockpile it oft' site for processing by screen washing Menifee North Specific Plan Amendment No 5 113 City of Menifee 6—Applicable Mitigation Fossils recovered during earthmoving or as a result of screen -washing of sediment samples shall be cleaned and prepared sufficiently to allow identification. This allows the fossils to be described in a report of findings and reduces the volume of matrix around specimens prior to storage, thus reducing storage costs. A report of findings shall be prepared and submitted to the public agency responsible for overseeing developments and mitigation of environmental impacts upon completion of mitigation. This report will minimally include a settlement of the types of paleontologic resources found, the methods and procedures used to recover them, an inventory of the specimens recovered, and a settlement of their scientific significance. The paleontological specimens recovered as a result of mitigation shall be donated to a qualified scientific institution where they would be afforded long tens preservation to allow future scientific study. HYDROLOGY AND WATER QUALITY MM-C.2.1 Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over any cut and fill slopes. Where water is collected in a common area and discharged, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water MM-C.2.3 Maximum inclination of all cut and fill slopes shall be 2 horizontal to 1 vertical. MM-C.2.4 Final determination of the foundation characteristics of soils within on -site development areas shall be performed by a geotechnical engineer MM C.2.5 Prior to issuance of grading permits, a seismic refraction survey shall be conducted to evaluate the rippability characteristics of the bedrock on -site indicating the approximate rippability of the bedrock materials at various depths for grading purposes. NOISE MM-C.5.1 Construction adjacent to existing residential development shall be limited to the hours of 7 am to 7 p.m, Monday through Friday Construction should not be allowed on weekends or federal holidays PUBLIC SERVICES MM-D.5.1 The project applicant shall enter into a binding agreement with both involved school districts to insure the provision of adequate facilities at the time of project occupancy. MM-D.5.2 The applicant shall be required to pay school impact mitigation fees or fund school site acquisition and/or facility construction with proceeds from the Mello -Roos Community Facilities District Community Facilities District (CFD) 91-1 has been formed which covers the entire Romoland School District. The CFD Report specifies the amounts of school fees to be paid, provides methods of tax apportionment and establishes the maximum amount of bonds to be sold. The project applicants has agreed to comply with the terms of the Resolution of Formation of the CFD 114 Addendum to EIR No. 329 December 18, 2023 6 - Applicable Miligalion RECREATION MM-D.6.1 The project applicant shall satisfy the Quimby Act and the Valley -Wide Recreation and Park District park requirements which include land dedication and/or the payment of in - lieu fees. MM-D.6.2 A Master Homeowner's Association, County Service Area, or the Valley -wide Recreation and Park District will maintain the Neighborhood and Community Parks, Open Space and the Drainage Channel TRANSPORTATION MM-D.1.1 Signalization. For cumulative traffic conditions with the project, traffic signals are anticipated to be warranted at the following study area intersections (see Figure V-18, Circulation Recommendations): Encanto Drive at Ethanac Road; Sherman Road at Watson Road; Sherman Road at Ethanac Road; Sherman Road at McLaughlin Road; Antelope Road at Mapes Road; Antelope Road at Watson Road; Antelope Road at Street "A"; Antelope Road at State Route 74; Palomar Road at Street "A"; Palomar Road at State Route 74; Menifee Road at Mapes Road; Menifee Road at Watson Road; Menifee Road at Street "A"; Menifee Road at State Route 74; Malaga Road at State Route 74; Briggs Road at Watson Road; Briggs Road at Street "A'; Briggs Road at State Route 74; Briggs Road at Street'B'; Briggs Road at Palomar Road; Sultanas Road at State Route 74; Leon Road at State Route 74; and Juniper Flats Road at State Route 74 The project applicant will either be directly responsible for provision of the above signals or shall participate on a fair -share basis for the funding of these facilities. The extent of their responsibility shall be based upon the extent of utilization of these intersections by project - related traffic. MM-13.1.2 Alternative Transportation Modes. The Menifee North Specific Plan shall provide a system of bicycle trails within open space corridors, flood control and utility easements, where possible Sidewalks or pathways in residential and commercial areas that allow a safe environment for pedestrians shall also be provided. MM-13.1.3 Although the study area is currently not served by a transit service, bus turnout and potential future bus stop locations have been recommended by the Traffic Engineer (see Figure V-19. Bus Turnout and Stop Locations) As recommended, bus stops are spaced to maximize passenger accessibility, convenience and safety, while minimizing undue delay or traffic interruptions Bus stops are generally spaced 800 feet to 1,200 feet apart on roadways surrounding the project (see Appendix F of EIR No 329 for additional criteria that was the basis for these recommendations). Bus turnouts shall be constructed at these recommended locations that are located within the project boundaries. MM-D.1.4 To encourage ridesharing/translt ridership and reduce commute trip impacts on access routes to the 1-215 Freeway, a portion of the commercial parking area in Planning Area 8, on -site shall be designated for Park-N-Ride and carpool/vanpool parking use on weekdays between 6:00 a m and 6:00 p.m. MM-D.1.5 Project roadways shall be aligned and sized as illustrated in Figure V-18, Circulation Recommendations MM-D.1.6 On -site access improvements shall adhere to the following design guidelines Menifee North Specific Plan Amendment No 5 115 City of Menifee 6 — Applicable Mitigation • traffic signing/striping should be implemented in conjunction with detailed construction plans for the project; • sight distance at each intersection should be reviewed with respect to standard Caltrans/County of Riverside sight distance standards at the time of preparation of final grading, landscape and street improvement plans; • the traffic signals required within the study area at buildout should specifically include an interconnect of the signals to function in a coordinated system MM-D.1.8 The project applicant shall participate in any fee programs established within the study area to provide for the improvement of key roadway links and interchange facllities. The project shall contribute to the installation of traffic signals when warranted through the payment of traffic signal mitigation fees. If a trip ceiling and trip bank is established, then as a development phase is approved, the total number of trips it generates shall be subtracted from the trip ceiling or trip bank, leaving a total of remaining trips that the Specific Plan can generate. For tract maps, final map recordation will be when the projects' generated trips will be deducted from the trip bank. The County Transportation Department will maintain the official 'trip bank" for the Specific Plan and will provide an annual update on project trip status UTILITIES AND SERVICE SYSTEMS MM-D.7.1 Development plans will be provided to Southern California Edison, the Southern California Gas Company and General Telephone Company as they become available in order to facilitate engineering, design and construction of improvements necessary to provide services to the project site. MM-D.7.2 The applicant will comply with guidelines provided by the Southern California Gas Company in regard to easement restriction, construction guidelines, protection of pipeline easement and potential amendments to right-of-way in the areas of any existing Gas Company easements MM-D.7.3 Building energy conservation will be largely achieved by compliance with Title 24 of the Energy Conservation Code. Title 24, California Administrative Code Section 2- 5307(b) is the California Energy Conservation Standard for New Buildings which prohibits the installation of fixtures unless the manufacturer has certified to the CEC compliance with the flow rate standards. Title 24, California Administrative Code Sections 2-5452(i) and 0) address pipe insulation requirements which can reduce water used before hot water reaches equipment or fixtures. Title 20, California Administrative Code Sections 1604(f) and 1601(b) are Appliance Efficiency Standards that set the maximum flow rates of all plumbing fixtures and prohibit the sale of non -conforming fixtures. MM-101.8.1 The project applicant shall work with the County Waste Management District and participate in efforts to achieve the mandated goals of the Integrated Waste Management Act. Additionally, the proposed permitted refuse hauler for the project site shall be advised of the efforts the developer will be pursuing relating to recycling and waste reduction (i e , curbside recycling, buy back centers, etc ) in accordance with County Resolution No. 90-402. MM-D.8.2 The developer will consider the feasibility of installing trash compactors as a standard feature in new homes, as well as establishing collection points for recycling of solid 116 Addendum to EIR No 329 December 18, 2023 6 — Applicable Mitigation waste. In addition, industrial and commercial businesses will be encouraged to utilize trash compactors. Menifee North Specific Plan Amendment No. 5 117 City of Menifee 6—Applicable Mitigation This Page Intentionally Left Blank. 118 Addendum to EIR No. 329 December 18, 2023 6 References 6.1- List of Preparers City of Menifee (Lead Agency) Community Development Department 29844 Haun Road Menifee, California 92586 951-723-3737 • Orlando Hernandez, Planning Manager MIG (Environmental Analysis) 1650 Spruce Street, Suite 106 Riverside, California 92507 951-787-9222 • Pamela Steele, Principal • Bob Prasse, Director of Environmental Services • Chris Dugan, Director of Air Quality, GHG, and Noise Services • Elizabeth Kempton, Senior Biologist • Cameron Hile, Senior Analyst Translutions, Inc. (VMT Analysis) 17632 Irvine Boulevard, Suite 200 Tustin, CA 92780 (949)656-3131 • Sandipan Bhattacharjee, P.E., T.E , AICP, Principal Searl Biological Services (Biological Resources/MSHCP Consistency Analysis) 43430 E Florida Avenue, Suite F PMB 291 Hemet, California 92544 (951)805-2028 Tim Sead, Biologist, Owner Brian F. Smith and Associates, Inc. (Cultural and Paleontological Resources Studies) 14010 Poway Road, Suite A Poway, CA 92064 (858)679-8218 • Brian F Smith, M A • Tracy A Stropes, M A, RPA LGC Geotechnical, Inc. (Preliminary Geotechnical Evaluation) 131 Calle Iglesia, Suite 200 San Clemente, CA 92672 (949)369-6141 Menifee North Specific Plan Amendment No 5 119 City of Menifee 6—Applicable Mitigation • Dennis Boratynec, GE, Vice President Mason Gonzales, GIT, Staff Geologist Hillman Consulting (Phase I Environmental Site Assessment) 1745 West Orangewood Avenue, Suite 201 Orange, CA 92868 (714)634-9500 • Shilpa Sunil, Environmental Project Manager • Ryan Terwilliger, CAC, Western Operations Manager Dexter Wilson Engineering, Inc. (Hydraulic Analysis Report) 2234 Faraday Avenue Carlsbad, CA 92008 (760)438-4422 • Steven Henderson,P.E 6.2 - Persons and Organizations Consulted None 120 Addendum to EIR No 329 December 18, 2023 6— Applicable Mitigation 6.3- Bibliography California Department of Conservation. Farmland Mapping and Monitoring Program Web: htlps Ilwvnv.conseryation ca.aoy/dlr0mmp. [Accessed June 20221. California Department of Forestry and Fire Protection (CAL FIRE). Riverside County City Fire Hazard Severity Zone Maps. Web: httos fleais fire.ca.aov/FHSZt. [Accessed June 2022]. California Department of Transportation (Caltrans). California State Scenic Highways Maps. Web: naps /idol Ca goyiorogramsJdesion/lap-landscape-archdeelure-and-community-hvabililyllao-liv-i- scenie-highways. [Accessed June 2022]. California Environmental Protection Agency. DTSC's Hazardous Waste and Substances Site List (Cortese List). Web: hops ticalepa ca.aovlsltecleanuploorteselist/. [Accessed June 20221 California Environmental Protection Agency. List of Active CDO and CAD Web: hItp l/www calepa.ca.aovlsitecleanuptcortese:LsU [Accessed June 2022]. California Environmental Protection Agency. List of Hazardous Waste Facilities Subject to Corrective Action Pursuant to Section 25187.5 of the Health and Safety Code. Web: hilt) I/www calepa.ca.aovlsitecleanuplcorleselisU. [Accessed June 2022]. CalRecycle. Identify Disposal Facility Capacity Shortfalls. http'IAvww.catrecvGe.ca aov/FacIT/lacihN/disposalpap.aspx [Accessed June 2022]. California Water Resources Control Board. GeoTracker. Web: hips Itneolracker waterboards.cestovl. [Accessed June 20221. California Water Resources Control Board. List of Solid Waste Disposal Sites. Web: htlps/lcalepa.ca.gov/sitecleanup/corteselislJ. [Accessed June 2022]. City of Menifee (City), 2010 Technical Background Report to the Safety Element of the General Plan for the City of Menifee, Riverside County, California covering Seismic Hazards, Geologic Hazards, Flooding Hazards, Fire Hazards, Hazardous Materials Management, and Wind Hazards. Earth Consultants International, Inc. Final Version July 2010 City of Menifee (City), 2013a City of Menifee General Plan. City Community Development Department September, 2013. City of Menifee (City), 20131b General Plan Final Environmental Impact Report (SCH* 2012071033) City Community Development Department September, 2013 City of Menifee (City), 2013c Noise Background Document & Definitions htlps /iwYA'r cilvofrmendee uVQocumentGenlerNieve/1008/HDNE NoiseBackaroundOocument7btdld= City of Menifee (City), 2013d. City Council Workshop: Update on Development Application Standards and Biosolids in Menifee (Permitted BiosolidslSludge Application Map). Web: hops adtvofmenifee us/Archrve.aspx9ADID=1019 [Accessed October 2023] County of Riverside, 2002. Riverside County Integrated Project: General Plan Final Program Environmental Impact Report. August 20, 2002 Menifee North Specific Plan Amendment No 5 121 City of Menifee EXHIBIT 961" CONDITIONS OF APPROVAL Planning Application: DEV2023-002 - Di Capri Residential Tentative Parcel Map No. PLN23-0025 (TPM38674) and Plot Plan No. PLN23- 0026 Project Description: TPM No. PLN23-0025 and PP No. PLN23-0026 proposes to subdivide an existing 7.65-net acre vacant lot into three (3) parcels for condominium purposes for the development of 61 detached single-family units along with 3 common areas and a retention basin. The project proposes a density of 7.97 du/ac. The project includes three (3) architectural elevations (Craftsman, Farmhouse and Spanish) and four (4) unique two-story floor plans that range in habitable area from 1,766 square feet to 2,022 square feet. The project includes approximately 147,141 square feet of irrigated landscaped area. The project site is located north of McCall Blvd, south of Chambers Ave, east of Valley Blvd and west of Murrieta Rd . Assessor's Parcel No.: 335-080-008 MSHCP Category: Residential (0-8 du/ac) DIF Category: Single-family Residential TUMF Category: Single -Family Residential (Contact Western Riverside Council of Governments {WRCOG}) Quimby Category: Single-family Residential for Detached Dwelling Units Approval Date: March 13, 2024 Expiration Date: March 13, 2027 Page 1 of 76 Within 48 Hours of the Approval of This Project: Filing Notice of Determination (NOD). The applicant/developer shall deliver to the Planning Division a cashier's check or money order made payable to the City of Menifee in the amount of Two Thousand Nine Hundred Sixty -Six Dollars and Seventy -Five Cents ($2,966.75) which includes the Two Thousand Nine Hundred Sixteen Dollars and Seventy -Five Cents ($2,916.75) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. Per Fish and Wildlife Code Section 711.4(c)(3), a project shall not be operative, vested or final and local government permits for the project shall not be valid until the filling fees required are paid. 2. Indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney's fees, arising out of either the City's approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. Page 2 of 76 Section I: Conditions Applicable to All Departments Section II: Community Development Department Conditions of Approval Section III: Engineering/Public Works Department Conditions of Approval Section IV: Building & Safety Conditions of Approval Section V: Fire Department Conditions of Approval Section VI: Riverside County Environmental Health Conditions of Approval Page 3 of 76 Section Conditions Applicable to I: All Departments Page 4 of 76 General Conditions 3. Exhibits. The project shall be constructed as approved by the Planning Commission on March 13, 2024, and as shown in Attachment No. 1 in the accompanying staff report. Any subsequent changes shall be processed per Menifee Municipal Code Section 9.30.120 Modifications to Previously Approved Permits. 4. Ninety (90) Days. The permittee has ninety (90) days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 5. Comply with All Conditions. The applicant/developer shall comply with all terms and conditions of PP PLN23-0026 and TPM No. PLN23-0025 (TPM38674). 6. Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. 7. Mitigation Monitoring and Reporting Program. The developer shall comply with the mitigation monitoring and reporting program ("MMRP") which is incorporated by reference as part of these conditions of approval. 8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 9. Expiration Date. The conditionally approved TENTATIVE MAP shall expire three (3) years after the City of Menifee original approval date, unless extended as provided by the Menifee Municipal Code. Action on a Minor Change and/or Revised Map request shall not extend the time limits of the originally approved TENTATIVE MAP. Page 5 of 76 Section II: Community Development Department - Conditions of Approval Page 6 of 76 10. Comply with Ordinances. The development of these premises shall comply with the standards as adopted by the City of Menifee, City of Menifee Municipal Code, Subdivision Map Act, and all other applicable ordinances and State and Federal codes and regulations and shall conform substantially to the adopted plan as filed in the office of the City of Menifee Community Development Department, unless otherwise amended. 11. Development Impact Fees. The applicant shall pay all applicable development impact fees including but not limited to Development Impact Fee (DIF), Multi -Species Habitat Conservation Plan (MSHCP), Quimby (Parks and Rec), Stephen's Kangaroo Rat (KRAT), School Fees, Transportation Uniform Mitigation Fee (TUMF), Road and Bridge Benefit District (RBBD), and Area Drainage Plan (ADP). 12. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on -site lighting shall be maintained by the property owner or maintenance association. 13. Phases. Construction of this project may be done progressively in phases provided a phasing plan is submitted with appropriate fees to the Community Development Department and approved by the Community Development Director prior to issuance of any Building Permits. 14. No Offsite Subdivision Signage. No offsite subdivision signs advertising this land division/development are permitted, other than those allowed under the Menifee Municipal Code Section. Violation of this condition of approval may result in no further permits of any type being issued for this subdivision until the unpermitted signage is removed. 15. Signs. This approval does not include the approval of any subdivision signage including freestanding monument or wall signage; a separate Planning application is required. All signs shall be consistent with the City of Menifee Municipal Code. All signage shall be reviewed and approved by the Community Development Department, Engineering Department and Building and Safety Department prior to the installation and/or construction. 16. No Outdoor Storage. No outdoor storage is allowed within the site. For example, no storage lockers, sheds, metal container bins, or metal shipping containers will be allowed to be kept onsite unless reviewed and approved by the Community Development Department. 17. Colors and Materials. Building colors and materials shall be in substantial conformance with those shown on APPROVED EXHIBITS. 18. No Off -Highway Vehicle Use. No off -highway vehicle use shall be allowed on any parcel or open space area located within the boundaries of this land division map. ARCHEO/PALEO 19. Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native Page 7 of 76 American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. 20. Non -Disclosure of Location Reburials. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r). 21. Inadvertent Archeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional Tribal monitors if needed. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Management Plan and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in -place preservation of cultural resources located in native soils and/or re -burial on the Project property, so they are not subject to further disturbance in perpetuity as identified in Non -Disclosure of Reburial Condition. v. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Community Page 8 of 76 Development Director shall be appealable to the City Planning Commission and/or City Council." 22. Cultural Resources Disposition. In the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries: a) One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Menifee Community Development Department: i. Preservation -In -Place of the cultural resources, if feasible. Preservation in place means avoiding the resources, leaving them in the place where they were found with no development affecting the integrity of the resources. ii. Reburial of the resources on the Project property. The measures for reburial shall include, at least, the following: Measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and basic recordation have been completed, with an exception that sacred items, burial goods and Native American human remains are excluded. Any reburial process shall be culturally appropriate. Listing of contents and location of the reburial shall be included in the confidential Phase IV report. The Phase IV Report shall be filed with the City under a confidential cover and not subject to Public Records Request. iii. If preservation in place or reburial is not feasible then the resources shall be curated in a culturally appropriate manner at a Riverside County curation facility that meets State Resources Department Office of Historic Preservation Guidelines for the Curation of Archaeological Resources ensuring access and use pursuant to the Guidelines. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees necessary for permanent curation. Evidence of curation in the form of a letter from the curation facility stating that subject archaeological materials have been received and that all fees have been paid, shall be provided by the landowner to the City. There shall be no destructive or invasive testing on sacred items, burial goods and Native American human remains. Results concerning finds of any inadvertent discoveries shall be included in the Phase IV monitoring report. 23. Inadvertent Paleontological Find. Should fossil remains be encountered during site development: All site earthmoving shall be ceased in the area of where the fossil remains are encountered. Earthmoving activities may be diverted to other areas of the site. The applicant shall retain a qualified paleontologist approved by the County of Riverside. The paleontologist shall determine the significance of the encountered fossil remains. iv. Paleontological monitoring of earthmoving activities will continue thereafter on an as -needed basis by the paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where Page 9 of 76 previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The supervising paleontologist will have the authority to reduce monitoring once he/she determines the probability of encountering any additional fossils has dropped below an acceptable level. v. If fossil remains are encountered by earthmoving activities when the paleontologist is not onsite, these activities will be diverted around the fossil site and the paleontologist called to the site immediately to recover the remains. vi. Any recovered fossil remains will be prepared to the point of identification and identified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains then will be curated (assigned and labeled with museum* repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; places in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, an associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then be accessioned into the museum* repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. *The City of Menifee must be consulted on the repository/museum to receive the fossil material prior to being curated. LANDSCAPING 24. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development Department and the South Coast Air Quality Management District (SCAQMD). 25. Viable Landscaping. All plant materials within landscaped areas shall be maintained in a viable growth condition throughout the life of this permit. To ensure that this occurs, the Community Development Department shall require inspections in accordance with the building permit landscaping install and inspection condition. 26. Landscape Plans. All landscaping plans shall be prepared in accordance with the City's Water Efficient Landscape Ordinance. Such plans shall be reviewed and approved by the Community Development Department, and the appropriate maintenance authority. 27. Maintenance of Landscaping. All private landscaping shall be maintained by a property owners association, individual property owner, or as otherwise established by CC&Rs. All landscaping, and similar improvements not properly maintained by a property owners association or individual property owners must be annexed into a Lighting and Landscape District, or other mechanism as determined by the City of Menifee. 28. Crime Prevention through Environmental Design Guidelines. All plants, landscaping and foliage shall fall within current CPTED (Crime Prevention through Environmental Design) guidelines. Page 10 of 76 29. Reclaimed Water. The permittee shall connect to a reclaimed water supply for landscape watering purposes when secondary or reclaimed water is made available to the site as required by the Eastern Municipal Water District. FEES 30. Subsequent Submittals. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 22-1229 (Cost of Services Fee Study), or any successor thereto. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. PRIOR TO FINAL MAP 31. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this tract map which must be satisfied prior to final map for review and approval. The Community Development Director may require inspection or other monitoring to ensure such compliance. 32. Final Map Required. After the approval of the TENTATIVE PARCEL MAP and prior to the expiration of said tentative map, the land divider shall cause the real property included within the TENTATIVE PARCEL MAP, or any part thereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current Engineering Department - Survey Division requirements, the conditionally approved TENTATIVE PARCEL MAP, and in accordance with Menifee Municipal Code. 33. Licensed Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer. 34. Surveyor Checklist. The City Engineering Department - Survey Division shall review any FINAL MAP and ensure compliance with the following: a. All lots on the FINAL MAP shall be in substantial conformance with the approved TENTATIVE MAP relative to size and configuration and shall be in conformance with the development standards of the Menifee Municipal Code and General Plan. b. The common open space areas shall be shown as a lettered/numbered lot on the FINAL MAP. c. All existing and proposed easements shall be identified on the FINAL MAP. 35. ECS. The land divider shall prepare an Environmental Constraints Sheet (ECS) in accordance with the Menifee Municipal Code, which shall be submitted as part of the plan check review of the FINAL MAP. A note shall be placed on the FINAL MAP "Environmental Constraint Sheet affecting this map is on file at the City of Menifee Public Works and Engineering Department, in E.C.S Book_, Page_. Page 11 of 76 36. ECS Note on Dark Sky Lighting. The following Environmental Constraints Note shall be placed on the ECS: "This property is subject to lighting restrictions as required by Menifee Municipal Code Chapter 6 (Ordinance No. 2009-024), which are intended to reduce the effects of night lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with Menifee Municipal Code Chapter 6." 37. ECS Note on MMRP. The following Environmental Constraints Note shall be placed on the ECS: "This property is subject to the Mitigation Monitoring and Reporting Program adopted as part of the Mitigated Negative Declaration for the Project on file with the Community Development Department." 38. Fee Balance. Prior to FINAL MAP recordation, the Community Development Department shall determine if the deposit -based fees for the TENTATIVE PARCEL MAP are in a negative balance. If so, any unpaid fees shall be paid by the land divider and/or the land divider's successor -in -interest. 39. Maintenance Exhibit. Prior to FINAL MAP recordation, the developer shall prepare an exhibit that shows all open space lots within the tract and the maintenance entity for each lot. The exhibit shall be reviewed and approved by the Community Development Department and Public Works and Engineering Department. PRIOR TO GRADING PERMIT ISSUANCE (OR ANY GROUND DISTURBING ACTIVITIES) 40. Rough and Precise Grading Plan Review. The Community Development Department shall review the rough and precise grading plans for consistency with the approved site plan and conceptual grading plan (APPROVED EXHIBITS) and the conditions of approval. 41. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this plot plan which must be satisfied prior to the issuance of a grading permit for review and approval. The Community Development Director may require inspection or other monitoring to ensure such compliance. 42. Stockpiling/Staging. During construction, best efforts shall be made to locate stockpiling and/or vehicle staging areas as far as practicable from all existing "sensitive receptors". The following two (2) conditions shall be verbatim on all grading plan submittals. 43. AQMD Rule 402. The project developer shall implement the following measures to reduce the emissions of pollutants generated by heavy-duty diesel -powered equipment operating at the project site throughout the project construction phases. The project developer shall include in construction contracts the control measures as may be required under Rule 402, at the time of development, including the following: a. Keep all construction equipment in proper tune in accordance with manufacturer's specifications. Page 12 of 76 b. Use late model heavy-duty diesel -powered equipment at the project site to the extent that it is readily available in the South Coast Air Basin (meaning that it does not have to be imported from another air basin and that the procurement of the equipment would not cause a delay in construction activities of more than two weeks). c. Use low -emission diesel fuel for all heavy-duty diesel -powered equipment operating and refueling at the project site to the extent that it is readily available and cost effective in the South Coast Air Basin (meaning that it does not have to be imported from another air basin, that the procurement of the equipment would not cause a delay in construction activities of more than two weeks, that the cost of the equipment use is not more than 20 percent greater than the cost of standard equipment (This measure does not apply to diesel -powered trucks traveling to and from the site). Utilize alternative fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas), if equipment is readily available and cost effective in the South Coast Air Basin (meaning that it does not have to be imported from another air basin, that the procurement of the equipment would not cause a delay in construction activities of more than two weeks, that the cost of the equipment use is not more than 20 percent greater than the cost of standard equipment). e. Limit truck and equipment idling time to five minutes or less. f. Rely on the electricity infrastructure surrounding the construction sites rather than electrical generators powered by internal combustion engines to the extent feasible. g. General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions. 44. Fugitive Dust Control. The permittee shall implement fugitive dust control measures in accordance with Southern California Air Quality Management District (SCAQMD) Rule 403. The permittee shall include in construction contracts the control measures required under Rule 403 at the time of development, including the following: a. Use watering to control dust generation during demolition of structures or break- up of pavement. The construction area and vicinity (500-foot radius) must be swept (preferably with water sweepers) and watered at least twice daily. Site wetting must occur often enough to maintain a 10 percent surface soil moisture content throughout all earth moving activities. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD District Rule 403. Wetting could reduce fugitive dust by as much as 50%. b. Water active grading/excavation sites and unpaved surfaces at least three times daily; c. All paved roads, parking and staging areas must be watered at least once every two hours of active operations; d. Site access points must be swept/washed within thirty minutes of visible dirt deposition; e. Sweep daily (with water sweepers) all paved parking areas and staging areas; f. Onsite stockpiles of debris, dirt or rusty material must be covered or watered at least twice daily; Page 13 of 76 g. Cover stockpiles with tarps or apply non -toxic chemical soil binders; h. All haul trucks hauling soil, sand and other loose materials must either be covered or maintain two feet of freeboard; i. All inactive disturbed surface areas must be watered on a daily basis when there is evidence of wind drive fugitive dust; j. Install wind breaks at the windward sides of construction areas; k. Operations on any unpaved surfaces must be suspended when winds exceed 25 mph; I. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 15 miles per hour over a 30-minute period or more, so as to prevent excessive amounts of dust; m. All haul trucks must have a capacity of no less than twelve and three-quarter (12.75) cubic yards; n. All loads shall be secured by trimming, watering or other appropriate means to prevent spillage and dust; o. Traffic speeds on unpaved roads must be limited to 15 miles per hour; p. Provide daily clean-up of mud and dirt carried onto paved streets from the site; q. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; r. All materials transported off -site shall be either sufficiently watered or securely covered to prevent excessive amount of dust; s. Operations on any unpaved surfaces must be suspended during first and second stage smog alerts; and, t. An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive fugitive dust generation. Any reasonable complaints shall be rectified within 24 hours of their receipt. 45. Archeologist Retained. Prior to issuance of a grading permit the project applicant shall retain a Riverside County qualified archaeologist to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources. The Project Archaeologist and the Tribal monitor(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologist and the Tribal monitor(s), shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors. The developer/permit holder shall submit a fully executed copy of the contract to the Community Development Department to ensure compliance with this condition of approval. Upon verification, the Community Development Department shall clear this condition. Page 14 of 76 In addition, the Project Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a Cultural Resources Management Plan (CRMP) in consultation pursuant to the definition in AB52 to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site. A consulting tribe is defined as a tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB52 consultation process, and has completed AB 52 consultation with the City as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include: a. Project grading and development scheduling; b. The Project archeologist and the Consulting Tribes(s) shall attend the pre -grading meeting with the City, the construction manager and any contractors and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The Training will include a brief review of the cultural sensitivity of the Project and the surrounding area; what resources could potentially be identified during earthmoving activities; the requirements of the monitoring program; the protocols that apply in the event inadvertent discoveries of cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. All new construction personnel that will conduct earthwork or grading activities that begin work on the Project following the initial Training must take the Cultural Sensitivity Training prior to beginning work and the Project archaeologist and Consulting Tribe(s) shall make themselves available to provide the training on an as -needed basis; c. The protocols and stipulations that the contractor, City, Consulting Tribe(s) and Project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation. 46. Pre -Grading Meeting. The qualified archaeologist shall attend the pre -grading meeting with the contractors to explain and coordinate the requirements of the monitoring program, including a cultural sensitivity training component. 47. Paleontologist Required. Prior to the issuance of grading permits, the project applicant shall retain a qualified paleontologist approved by the Community Development Department to create and implement a project -specific plan for monitoring site grading/earthmoving activities (project paleontologist). The project paleontologist retained shall review the approved development plan and shall conduct any pre -construction work necessary to render appropriate monitoring and mitigation requirements as appropriate. These requirements shall be documented by the project paleontologist in a Paleontological Resource Impact Mitigation Program (PRIMP). This PRIMP shall be submitted to the City Community Development Department for review and approval prior to the issuance of a grading permit. Information to be contained in the PRIMP, at a minimum and in addition to other industry standard and society of Vertebrate Paleontology standards, are as follows: 1) The project paleontologist shall participate in a pre -construction project meeting with development staff and construction operations to ensure an understanding of any mitigation measures required during construction, as applicable. 2) Paleontological monitoring of earthmoving activities will be conducted on an as - needed basis by the project paleontologist during all earthmoving activities that may expose sensitive strata. Earthmoving activities in areas of the project area where Page 15 of 76 previously undisturbed strata will be buried but not otherwise disturbed will not be monitored. The project paleontologist or his/her assign will have the authority to reduce monitoring once he/she determines the probability of encountering fossils has dropped below an acceptable level. 3) If the project paleontologist finds fossil remains, earthmoving activities will be diverted temporarily around the fossil site until the remains have been evaluated and recovered. Earthmoving will be allowed to proceed through the site when the project paleontologist determines the fossils have been recovered and/or the site mitigated to the extent necessary. 4) If fossil remains are encountered by earthmoving activities when the project paleontologist is not on -site, these activities will be diverted around the fossil site and the project paleontologist called to the site immediately to recover the remains. 5) If fossil remains are found, fossiliferous rock will be recovered from the fossil site and processed to allow for the recovery of smaller fossil remains. Test samples may be recovered from other sampling sites in the rock unit if appropriate. 6) Any recovered fossil remains will be prepared to the point of identification andidentified to the lowest taxonomic level possible by knowledgeable paleontologists. The remains will then be curated (assigned and labeled with museum repository fossil specimen numbers and corresponding fossil site numbers, as appropriate; placed in specimen trays and, if necessary, vials with completed specimen data cards) and catalogued, and associated specimen data and corresponding geologic and geographic site data will be archived (specimen and site numbers and corresponding data entered into appropriate museum repository catalogs and computerized data bases) at the museum repository by a laboratory technician. The remains will then beaccessioned into the museum repository fossil collection, where they will be permanently stored, maintained, and, along with associated specimen and site data, made available for future study by qualified scientific investigators. The City must be consulted on the repository/museum to receive the fossil material prior to being curated. 7) A qualified paleontologist shall prepare a report of findings made during all site grading activity with an appended itemized list of fossil specimens recovered during grading (if any). This report shall be submitted to the City for review and approval prior to final building inspection as described elsewhere in this condition set. All reports shall be signed by the project paleontologist and all other professionals responsible for the report's content (e.g., professional geologist, professional engineer, etc.), as appropriate. Two wet -signed original copies of the report shall be submitted directly to the office of the City Community Development Department along with a copy of this condition and the grading plan for appropriate case processing and tracking. 48. Pre -construction Burrowing Owl Survey. Pursuant to Objective 6 and Objective 7 of the Species Account for the Burrowing Owl included in the Western Riverside County Multiple Species Habitat Conservation Plan, within thirty (30) days prior to the issuance of a grading permit, a pre -construction presence/absence survey for the burrowing owl shall be conducted by a qualified biologist and the results of this presence/absence survey shall be provided in writing to the City of Menifee Community Development Department. If it is determined that the project site is occupied by the Burrowing Owl, take of "active" nests shall be avoided pursuant to the MSHCP and the Migratory Bird Treaty Act. However, when the Burrowing Owl is present, relocation outside of the nesting season Page 16 of 76 (March 1 through August 31) by a qualified biologist shall be required. The City shall be consulted to determine appropriate type of relocation (active or passive) and translocation sites. Occupation of this species on the project site may result in the need to revise grading plans so that take of "active" nests is avoided or alternatively, a grading permit may be issued once the species has been actively relocated. If the grading permit is not obtained within thirty (30) days of the survey a new survey shall be required. No ground disturbance, including disking, blading, grubbing or any similar activity (except for agricultural production on -site which has been a historic and on -going use of the property) shall occur within the site until the burrowing owl study is reviewed and approved. 49. Nesting Bird Survey. If grading is to occur during the nesting season (February 1 — August 31), a nesting bird survey shall be conducted within ten (10) days prior to grading permit issuance. This survey shall be conducted by a qualified biologist holding a Memorandum of Understanding (MOU) with Riverside County. The findings shall be submitted to the City of Menifee Community Development Department for review and approval. 50. Native American Monitoring (Pechanga). Tribal monitor(s) shall be required on -site during all ground -disturbing activities which are below the depths of the previous mass grading. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Pechanga Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above -mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground -disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area for proper treatment and disposition to a curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. The Applicant/Permittee shall be responsible for all curation costs. 51. Native American Monitoring (Soboba). Tribal monitor(s) shall be required on -site during all ground -disturbing activities which are below the depths of the previous mass grading. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Soboba Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above -mentioned Tribe and the landdivider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground -disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area for proper treatment and disposition to a curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. The Applicant/Permittee shall be responsible for all curation costs. Page 17 of 76 FEES 52. Stephen's Kangaroo Rat Fee. Prior to the issuance of a grading permit or ground disturbance, the permittee shall comply with the provisions of Ordinance No. 663, which generally requires the payment of the appropriate fee set forth in that ordinance. The amount of the fee required to be paid may vary depending upon a variety of factors, including the type of development application submitted and the applicability of any fee reduction or exemption provisions contained in Ordinance No. 663. Said fee shall be calculated on the approved development project which is anticipated to be 8.03-acres (gross) in accordance with APPROVED EXHIBIT A. If the development is subsequently revised, this acreage amount may be modified in order to reflect the revised development project acreage amount. In the event Ordinance No. 663 is rescinded, this condition will no longer be applicable. However, should Ordinance No. 663 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 53. Fees. Prior to the issuance of grading permits for the Project the Community Development Department shall determine the status of the deposit -based fees. If the fees are in a negative status, the permit holder shall pay the outstanding balance. PRIOR TO ISSUANCE OF BUILDING PERMIT 54. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director or review and approval demonstrating compliance with the standard conditions of approval and mitigation measures identified in the Initial Study/Mitigated Negative Declaration (IS/MND) for this project which must be satisfied prior to issuance of building permits. The Community Development Director may require inspection or other monitoring to ensure such compliance. 55. Conform Final Site Plan. The building plans shall be consistent with the elevations of the final site of development plans (required below under condition titled "Final Site of Development Plan."). The building plans shall be reviewed for consistency with the final site of development plans prior to Building Permit issuance. 56. Building Plans Required. The developer shall cause building plans to be submitted to the Building and Safety Department for review and approval by the Department of Buildingand Safety - Plan Check Division. Said plans shall be in conformance with the approved DESIGN GUIDELINES. 1) Plans shall be designed to the provisions of the 2022 (or current) edition of the California Building, Mechanical, Electrical and Plumbing, Energy and Green Codes. 2) Five (5) sets of plan drawings shall be submitted along with three (3) copies of structural and Title 24 Energy documentation. 3) Two (2) sets of precise grading plans shall be submitted at time of building plan review submittal. Showing all disabled access paths of travel, cross and directional slope percentages, site accessibility features and details. 4) All exterior lighting shall comply with Menifee Municipal Code Chapter 6.01, "Dark Sky Ordinance". 57. Roof Mounted Equipment. Roof -mounted mechanical equipment shall not be permitted within the subdivision, however, solar equipment or any other energy -saving devices shall be permitted with Community Development Department approval. Page 18 of 76 58. Parking. Parking spaces are required in accordance with the Menifee Municipal Code. All parking areas and driveways shall be surfaced to current standards as approved by the City of Menifee Engineering Department. 59. Lighting. Prior to the issuance of building permits, all outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for Plan Check approval and shall comply with the requirements of the City of Menifee Municipal Code Chapter 6.01. MINOR PLANS REQUIRED 60. Landscaping Plans. The land divider/permit holder shall file three (3) sets of a Landscaping and Irrigation Plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to the Menifee Municipal Code, along with the current fee. The plan shall be in compliance with the Conceptual Landscaping Plan, the Menifee Municipal Code and the TENTATIVE MAP conditions of approval. The plan shall address all areas and conditions of the project requiring landscaping and irrigation to be installed including, but not limited to, front yard landscaping, slope planting, common area and/or basin landscaping within Open Space Lots and any CFD-maintained landscaping. Emphasis shall be placed on using plant species that are drought tolerant and low water using. The plans shall provide for the following: 1) Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. 2) All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Community Development Department. Utilities shall be placed underground. 3) Any required landscape screening shall be designed to be opaque up to a minimum height of four (4) feet at maturity. 4) Parkways and landscaped building setbacks shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, ground cover, shrubs, and specimen trees in conjunction with meandering sidewalks, benches, and other pedestrian amenities where appropriate as approved by the Community Development Department. 5) Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. 6) Landscaping plans shall incorporate native and drought tolerant plants where appropriate. 7) Turf shall be eliminated in areas unless provided for active uses. 8) All basins for drainage and/or water quality shall be screened from view with landscaping. Page 19 of 76 9) All trees shall be minimum double -staked. Weaker and/or slow -growing trees shall be steel -staked. 10) Plants with similar water requirements shall be grouped together in order to reduce excessive irrigation runoff and promote surface filtration, where possible. Note on Conceptual Plans. The conceptual landscaping plans show general locations for shrubs, groundcover and trees, but does not specify the size and each specific type of plant for all locations. Therefore, the Planning Division may require the addition of plants, change the space of plants, change the type of plants, or change the size of plants on the working drawing. Landscaping plans for areas that are totally within the road right-of-way shall be submitted to the Engineering and Public Works Department ONLY. Landscaping plans for areas proposed to be maintained by the City Community Facilities District shall be submitted to the Engineering and Public Works Department. 61. Model Home Complex. A plot plan application shall be submitted to the Community Development Department pursuant to the Menifee Municipal Code, with the current fee. The Model Home Complex plot plan shall contain the following elements: 1) An engineer's scaled plan showing the model home lots, lot numbers, tract number, and north arrow. 2) Show front, side and rear yard setbacks. 3) Provide two dimensioned off-street parking spaces per model and one parking space for office use. The plan must have one accessible parking space. 4) Show detailed fencing plan including height and location. 5) Show typical model tour sign locations and elevation. 6) Three (3) sets of photographic or color laser prints (8" X 10") of the sample board and colored elevations shall be submitted for permanent filing and agency distribution after the Community Development Department has reviewed and approved the sample board and colored elevations. All writing must be legible. Three (3) matrix sheets showing structure colors and texture schemes shall be submitted. 7) Provide a Model Home Complex landscape and irrigation plan. The requirements of this plot plan may be incorporated with any minor plot plan required by the subdivision's conditions of approval. However, this MODEL HOME COMPLEX condition of approval shall be cleared individually. The applicant will be required to enter into a model home complex agreement with the City of Menifee. The agreement stipulates terms for removal of the complex. The model home complex plan shall be approved prior to issuance of a Building Permit. 62. Entry Monument Plans. The land divider/permit holder shall submit a plot plan application for Entry Monument Signs to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan Page 20 of 76 application pursuant to Menifee Municipal Code, along with the current fee. The plan shall be in compliance with the approved exhibits and the conditions of approval. The plot plan shall contain the following elements: 1. A color rendering of a frontal view of all/the entry monument(s) with landscaping. 2. The plan shall include dimensions of the sign and lettering, call outs of materials and plotting of the sign, including setbacks. 3. Entry monument shall be setback a minimum of 3-feet from drive aisle and ROW. 4. The entry monument plan may be combined with the on -site landscape plan. 63. Wall and Fence Plan. The land divider/permit holder shall file five (5) sets of a Wall/Fencing/Entry Monument Plan to the Community Development Department for review and approval. Said plan shall be submitted to the Department in the form of a plot plan application pursuant to the Menifee Municipal Code along with the current fee. The plan shall be in compliance with approved Exhibit L, and the TENTATIVE MAP conditions of approval. A. A typical frontal view of all fences shall be shown on the fencing plan. B. All utility service areas and enclosures shall be screened from view with landscaping or decorative barriers or baffle treatments, as approved by the Community Development Department. C. Front yard return walls shall be constructed of masonry slump stone or material of similar appearance, maintenance, and structural durability) and shall be a minimum of five feet in height. D. Side yard gates are required on one side of the home and shall be constructed of vinyl. Chain -link fencing is not permitted. All construction must be of good quality and sufficient durability with an approved stain and/or sealant to minimize water staining. (Applicants shall provide specifications that shall be approved by the Community Development Department). E. All lots having rear and/or side yards facing local streets or otherwise open to public view shall have fences or walls constructed of decorative block. F. Corner lots shall be constructed with wrap -around decorative block wall returns. G. Wrought iron or tubular steel fence sections may be included within tracts where view opportunities and/or terrain warrant its use. Where privacy of views is not an issue, tubular steel or wrought iron sections should be constructed in perimeter walls to take advantage of casual view opportunities. H. The plan shall show the location of all retaining walls. Retaining walls shall be constructed with decorative block and a masonry cap as shown in the conceptual wall plans. LANDSCAPING 64. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development to guarantee the installation of plantings, irrigation system, walls and/or fences, in accordance with the approved plan, shall be filed with the Department of Community Development. Securities may require review by City Attorney and other staff. Permit holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the One -Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less. Security deposits are only required for common area landscaped areas. Page 21 of 76 65. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development Department and the South Coast Air Quality Management District (SCAQMD). 66. WQMP Treatment Devices. All WQMP treatment devices including design details shall be shown on the construction landscape plans. If revisions are made to the WQMP design that result in any changes to the conceptual landscape plans after entitlement, the revisions will be shown on the construction landscape plans, subject to the approval of the Community Development Director. 67. Landscape Inspection Deposit. Prior to issuance of Building Permits, the permit holder shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the pre -installation inspections, installation inspections, Six Month Post Establishment and One Year Post Establishment Landscape Inspections. The amount of hours for the Inspections will be determined by the Community Development Department's Landscape personnel prior to approval of the requisite Minor Plot Plan for Planting and Irrigation. An initial deposit amount of $6,000 shall be required prior to the approval of any on -site landscape plan. FEES 68. Fees. Prior to issuance of building permits, the Community Development Department shall determine if the deposit -based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permittee. 69. Quimby Fees. Payment of in -lieu fees. The proposed subdivision will fulfill Quimby obligations through the payment of in -lieu fees, however, may receive partial credit for private amenities as determined by City Manager or his/her designee. Prior to the issuance of a building permit, the City Manager or his/her designee shall determine the amount of Quimby Fees to be paid by the subdivider. Quimby fees shall be paid directly to the city prior to the issuance of the first certificate of occupancy of any dwelling unit in the subdivision. Contact the Community Services Department for assistance in calculating the required fee. 70. Open Space Fee (MSHCP). Prior to the issuance of a building permit, the applicant shall comply with the provisions of City of Menifee Municipal Code Chapter 8.27 (hereinafter Chapter 8.27), which requires the payment of the appropriate fee set forth in the Ordinance. The amount of the fee will be based on the "Project Area" as defined in the Ordinance and the aforementioned Condition of Approval. In the event Chapter 8.27 is rescinded, this condition will no longer be applicable. However, should Chapter 8.27 be rescinded and superseded by a subsequent mitigation fee ordinance, payment of the appropriate fee set forth in that ordinance shall be required. 71. Menifee Union School District. Impacts to the Menifee Union School District shall be mitigated in accordance with California State law. 72. Perris Union High School District. Impacts to the Perris Union High School District shall be mitigated in accordance with California State law. Page 22 of 76 PRIOR TO FINAL INSPECTIO 73. Mitigation Monitoring. The permittee shall prepare and submit a written report to the Community Development Director or review and approval demonstrating compliance with the standard conditions of approval and mitigation measures identified in the Initial Study/Mitigated Negative Declaration (IS/MND) for this project which must be satisfied prior to final inspection. The Community Development Director may require inspection or other monitoring to ensure such compliance. 74. Paleontological Monitoring Report. Prior to final inspection, the applicant shall submit to the Community Development Department, an electronic copy of the Paleontology Monitoring Report. The report shall be certified by a professional paleontologist listed Riverside County's Paleontology Consultant List. A deposit for the review of the report will be required. 75. Archeology Report - Phase III and IV. Prior to final inspection of the first building permit associated with each phase of grading, the developer/permit holder shall prompt the Project Archeologist to submit two (2) copies of the Phase III Data Recovery report (if conducted for the Project) and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department's requirements for such reports. The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre -grade meeting. The Community Development Department shall review the reports to determine adequate mitigation compliance. Provided the reports are adequate, the Community Development Departmentshall clearthis condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one (1) copy shall be submitted to the Pechanga Cultural Resources Department. 76. Anti -Graffiti Coating. An anti -graffiti coating shall be provided on all block walls, and written verification from the developer shall be provided to the Community Development Department. 77. Entry Monuments. Prior to the first occupancy within the tract, entry monuments shall be installed in accordance with the approved entry monument plans. The conditions of approval for the entry monument plot plan may provide for more specific timing based on construction phasing and/or map phasing. 78. Utilities Underground. All utilities, except electrical lines rated 33 kV or greater, shall be installed underground. If the applicant provides to the Department of Building and Safety and the Community Development Department a definitive statement from the utility provider refusing to allow underground installation of the utilities they provide, this condition shall be null and void with respect to that utility. 79. Lighting. Exterior lighting shall be consistent with the approved lighting plans. 80. Elevations. Elevations of all buildings and structures shall be in substantial conformance with the elevations approved as part of the final site of development plan. 81. Decorative Driveways. The land divider/permit holder shall cause all driveways to be constructed of decorative concrete and be in substantial conformance with the APPROVED EXHIBITS. Page 23 of 76 82. Roll Up Garage Doors. All residences shall have automatic roll -up garage doors. 83. Condition Compliance. The Community Development Department shall verify that the Development Standards and all other preceding conditions have been complied with prior to any use allowed by this permit. 84. Final Planning Inspection. The applicant shall obtain final occupancy sign -off from the Community Development Department for each building permit issued by scheduling a final Planning inspection prior to the final sign -off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met and all of the improvements are installed per approved exhibits. LANDSCAPING 85. Soil Management Plan. The applicant shall submit a Soil Management Plan (Report) to the Community Development Department before the Landscape Installation Inspection. The report can be sent electronically. Information on the contents of the report can be found in the County of Riverside Guide to California Friendly Landscaping page 16, #7, "What is required in a Soil Management Plan?" 86. Landscape/Irrigation Install Inspection. The applicant's landscape architect responsible for preparing the Landscaping and Irrigation Plans shall arrange for a Pre -Landscape installation inspection and a Landscape Completion Installation Inspection with the Community Development Department. The pre -landscape inspection shall be arranged at least fifteen (15) working days prior to installation of landscaping. The landscape completion inspection shall be arranged at least fifteen (15) working days prior to final inspection of the structure or issuance of occupancy permit, whichever occurs first. Six month and One Year Post -Establishment Inspection will also be required. The Community Development Department will require a deposit in order to conduct the landscape inspections. 87. Landscape Installation. All required landscape planting and irrigation shall have been installed in accordance with approved Landscaping, Irrigation, and Shading Plans, Menifee Municipal Code Chapter 15.04 and 9.195 (as adopted and any amendments thereto), Eastern Municipal Water District requirements and the Riverside County Guide to California Landscaping. All landscape and irrigation components shall be in a condition acceptable to the Community Development Department. The plants shall be healthy and free of weeds, disease or pests. The irrigation system shall be properly constructed and determined to be in good working order. 88. Final Landscape Approval. The final landscape approval following installation shall be subject to the review and approval of the City's Landscape Architectural Consultant and the Community Development Director. The Community Development Director may require additional trees, shrubs and/or groundcover as necessary, if site inspections reveal landscape deficiencies that were not apparent during the plan review process. FEES 89. Resolution No. 22-1229 (DIF). Prior to issuance of certificate of occupancy or prior to Building Permit final inspection, the applicant shall comply with the provisions of Resolution No. 22-1229, which requires the payment of the appropriate fee set forth in the Resolution. Resolution No. 22-1229 has been established to set forth policies, regulations and fees Page 24 of 76 related to the funding and construction of facilities necessary to address the direct and cumulative environmental effects generated by new development projects described and defined in this Resolution, and it establishes the authorized uses of the fees collected. In the event Resolution No. 22-1229 is rescinded, this condition will no longer be applicable. However, should Resolution No. 22-1229 be rescinded and superseded by a subsequent City mitigation fee ordinance or resolution, payment of the appropriate fee set forth in that ordinance or resolution shall be required. 90. Quimby Fees. Quimby fees shall be paid directly to the City prior to the issuance of the first certificate of occupancy of any dwelling unit in the subdivision. The amount of Quimby fees paid shall be consistent with the amount determined by the City Manager, or their designee, prior to issuance of a building permit. 91. Fees. Prior to issuance of occupancy/final inspections, the Community Development Department shall determine if the deposit -based fees for project are in a negative balance. If so, any outstanding fees shall be paid by the permittee. PRIOR TO ISSUANCE OF GIVEN BUILDING PERMIT OR OCCUPANCY CENTRAL AMENITIES and OPEN SPACE CONDITIONS The Community Development Director shall have the ability to defer the installation of the landscaping and central amenities as noted below but may require performance securities and additional deposits to cover administrative costs. Under no circumstance shall landscaping be deferred if 80% of the units have been issued permits. The installation of landscaping within an open space area that will be maintained by the Community Facilities District (CFD) can be modified or deferred by the Engineering and Public Works Department. As some open space areas noted below may contain water quality basins, the installation of landscaping and completion of those lots may be required at an earlier time than what is noted in the conditions by the Engineering and Public Works Department in order to mitigate water quality impacts of the development. 92. Landscape Plans. Prior to issuance of the 1st building permit of the project, the applicant or applicant -in -successor shall submit and obtain approval of detailed (working drawing) landscape plans from the Community Development Department showing the landscape plans to be maintained by a Homeowner's Association or other private entity. 93. Open Space Landscape — Area 1 (Chambers Ave Park). Prior to occupancy of the 15rn unit (25% of all units) or adjacent residential units, whichever occurs first, as shown on APPROVED EXHIBIT A, the Chambers Ave Park, including all proposed amenities along with the landscaping and irrigation, shall be installed, inspected, and approved to the satisfaction of the City. 94. Open Space Landscape — Area 2 (Dog Park). Prior to occupancy of the 30"' unit (50% of all units) or adjacent residential units, whichever occurs first, as shown on APPROVED EXHIBIT A, the Dog Park, including all proposed amenities along with the landscaping and irrigation, shall be installed, inspected, and approved to the satisfaction of the City. 95. Open Space Landscape — Area 3 (Murrieta Rd Park). Prior to occupancy of the 46h unit (75% of all units) or adjacent residential units, whichever occurs first, as shown on APPROVED EXHIBIT A, the Murrieta Rd Park, including all proposed amenities along with Page 25 of 76 the landscaping and irrigation, shall be installed, inspected, and approved to the satisfaction of the City. 96.Open Space Landscape. All landscaping and irrigation in open space areas not specifically mentioned elsewhere within these Conditions of Approval, shall be installed and inspected prior to issuance of occupancy for adjacent residential units. Page 26 of 76 Section III -A: Engineering/Public Works Department Conditions of Approval (Project Specific) Page 27 of 76 The following are the Public Works / Engineering Department Conditions of Approval for this project which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works Engineering Department, Land Development Section. The developer / property owner shall use the standards and design criteria stated in the following conditions and shall comply with all applicable City of Menifee standards and ordinances. Should a conflict arise between City of Menifee standards and design criteria, and any other standards and design criteria, those of the City of Menifee shall prevail. Tentative Parcel Map 38674 Di Capri Development is a 61-unit residential subdivision for condominium purposes. The map is not phased; therefore, all public improvements will be required in one construction phase prior to any issuance of occupancies. If the developer chooses to phase the subdivision map, the phasing of the public improvements will be considered, and the applicable conditions will be updated. It is understood that the tentative parcel map must correctly show acceptable centerline elevations, all existing easements, traveled ways, cross sections, and drainage courses with appropriate drainage flows. Any omission or unacceptability may require the map to be resubmitted for further consideration. If there is a conflict between what is shown on the tentative parcel map and these conditions, these conditions will supersede what is shown on the tentative parcel map and any attachments to the tentative parcel map, including the site plan and other plans or exhibits. All questions regarding the true meaning of these conditions shall be referred to the Public Works / Engineering Department. Engineering Design exceptions to City design standards and policies must be specifically requested in writing and approved by City Engineer/PW Director. Any design exceptions shown on the tentative map and associated engineering documents that are not specifically requested shall be redesigned to meet city standards. Drainage Study — The following report was reviewed and approved by the City: a. Hydrology Report for Di Capri 22241 Chambers Ave Menifee, CA 92586, prepared by Waber Consultants, Inc., dated December 2022. The project shall comply with all mitigation recommended by the approved drainage study, and in accordance with City Standards. The design of drainage facilities will need to be revised if it does not adhere to City Standards. Two copies of a final drainage study (also referred to as Hydrology/Hydraulics Report) shall be submitted to the City for review and approval. The study shall analyze at a minimum the following: project site drainage flow; all future improvements drainage flow; Q10, Q100, pre - and post- condition flow rates; anticipated total drainage flow into existing storm drain; and existing storm drain capacity. A fee for review of the Drainage Study shall be paid to the City, the amount of which shall be determined by City at first submittal of report. 2. Final Project Specific Water Quality Management Plan (Final WQMP). The following report was reviewed and approved by the City: a. Preliminary Project Specific Water Quality Management Plan, Di Capri, 22241 Chambers Ave, Menifee CA 92586, prepared by Waber Consultants, Inc., dated December 28, 2022, revised December 4, 2023. Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be reviewed and approved by Page 28 of 76 the Public Works Engineering Department. Final construction plans shall incorporate all the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies: a) Hydrology/hydraulics report b) Soils Report that includes soil infiltration capacity c) Limited Phase II Environmental Site Assessment Report, as may be required by an approved Phase I ESA Report Final construction plans shall incorporate all the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. Geotechnical Report — The following documentation was reviewed and approved by the City: Preliminary Geotechnical engineering Report Proposed Single Family Residences Development APN 335-080-008, City of Menifee California Project No. 22270, prepared by NTS Geotechnical, dated August 8, 2022. Two copies of City -approved geotechnical/soils report, no more than three (3) years from date of application for grading permit, shall be provided to the City Public Works / Engineering Department with initial submittal of a grading plan. If there is no approved report and/or said report is past three (3) years from date of application, a new geotechnical/soils report and/or update letter, respectively, shall be prepared and submitted to City for review and approval. The geotechnical/soils, compaction and inspection reports will be reviewed in conformance with the latest edition of the Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports. A fee for review of the geotechnical/soils report and/or update letter shall be paid to the City, the amount of which shall be determined by the City at the first submittal of the report. Geotechnical Report - A geotechnical/soils report was submitted to the City and reviewed by staff. The geotechnical/soil report was reviewed in conformance with the latest edition of the Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports. Prior to issuance of any grading permit, two copies of the final City approved geotechnical/soils report shall be submitted to the Public Works Engineering Department. The developer/property owner shall comply with the recommendations of the report, and City standards and specifications. All grading shall be done in conformance with the recommendations of the report, and under the general direction of a licensed geotechnical engineer. An updated report may be required if deemed necessary by the Public Works Director prior to the issuance of any grading permit. 4. Off -Site Dedications - Prior to the approval of any improvement plans and the commencement of any construction associated with the development, the Developer shall be responsible for obtaining all necessary dedications of rights -of -way for offsite infrastructure improvements, right - of -entry for offsite grading, and easements for ingress, egress, drainage, utilities and other legal requirements for impacts associated with the development of this project, as determined and directed by the City Engineer. If the Developer cannot acquire a property interest in property required for off -site improvements, Government Code § 66462.5 shall apply and the City retains the right to: Page 29 of 76 a. The Developer shall enter into an agreement to complete the improvements pursuant to Government Code § 66462 at such time as the City acquires an interest in the land that will permit the improvement to be made. b. The Developer shall pay all costs associated with acquiring the offsite real property interests required in connection with the development. 5. Traffic Study Report —The following report was reviewed and approved by the City: Menifee Di Capri Residential Traffic Impact Analysis Project No. 19657, prepared by Ganddini Group, Inc., dated December 13, 2023. The Public Works Department — Traffic Engineering Division has reviewed the Traffic Study and has generally concurred with its findings. The developer/property owner shall be responsible for all improvements and mitigations, required or identified in the approved traffic study and according to these Conditions of Approval, such as but not limited to right-of-way frontage improvements, traffic signal construction or modification, and fair share fees. All required improvements and mitigation measures identified in the study shall be included in all improvement plans for review and approval by the Public Works Department. Improvements identified in the Traffic Study are the absolute minimums recommend by the consultant traffic engineer. The City Engineer/PW Director may require traffic or street improvements beyond those identified in said study to address public safety and welfare, or to construct improvements eligible for DIF credits or reimbursement that front the project, as determined by the Public Works Director / City Engineer. 6. Reconstruction or Resurfacing of Frontage Roads — Per City Subdivision ordinance, projects are required to improve frontage streets to the ultimate half -width, plus 12 feet, with pavement structural sections meeting current city standards. The Public Works Director / City Engineer may consider reconstruction or resurfacing of Frontage Roads paving fronting the development to meet existing conditions, provided the road is found to meet the minimum City standards for pavement conditions at the time of project construction. If it is determined during project construction that the existing road is found to be substandard, then the Public Works Director / City Engineer will require the developer / property owner to provide full reconstruction as provided for in these conditions of approval. The existing pavement shall be cored during project construction to confirm the structural section, and any findings shall be incorporated into project design. The Public Works Director / City Engineer shall have the final approval for all road conditions. 7. Signing and Striping — A signing and striping plan for Thornton Road and Esther Lane is required for this project along the project frontage and off -site transitions to existing striping. The applicant shall be responsible for any additional paving and/or striping removal caused by the striping plan. The Signing and Striping Plan shall be approved by the City Engineer in accordance with City ordinances, standards, and specifications, and with the latest edition of the CAMUTCD. 8. Construction of Street and Wet Utility Improvements — The developer / property owner shall design and construct the following improvements: A. In -Tract Improvements - Construct all streets, storm, sewer, water, park, and wall improvements to public agency engineering standards. Although the streets will be private, all infrastructure improvements shall adhere to public agency standards, unless otherwise approved by City Engineer/PW Director. Page 30 of 76 a. Entry Roads — The project proposes at parcel entrances private drives consistent with the City of Menifee Standard No. 124 (60' ROW, 40' Curb to Curb Width). These roadways shall be kept free of parking, and maintained by the Property Owner / HOA b. Internal Drive- The project proposes an East/West Private Road terminating with cul-de- sac's at each end. The private road shall be constructed consistent with the city of Menifee Standard No. 124 (48' ROW, 28' Curb to Curb Width). Cul-de-sacs shall be built consistent with Riverside County Standard No. 800. These roadways shall be kept free of parking, except where indicated on the tentative map, and maintained by the Property Owner / HOA. c. Private Lanes- Proposed dwelling units are connected to the internal drive via twelve private lanes. These drives were analyzed to insure adequate circulation for vehicles ingress and egress for the units, and should match proposed widths, curve radii, turning movements etc. shown on the entitled tentative map and site plans. B. Chambers Avenue Frontage Improvements — The developer / property owner shall construct Chambers Avenue to its ultimate half -width plus 12 feet per City Standards along its entire project frontage as determined by the City Engineer. Chambers Avenue is classified as a Secondary Roadway per the City's Circulation Element (Four Lanes, Undivided. Reference City Standard No. 111), including Community On -Street NEV/Bike Lanes (Class II) in accordance with the City of Menifee General Plan Circulation Element. C. Murrieta Road Frontage Improvements — The developer / property owner shall construct Murrieta Road to its ultimate half -width plus 12 feet per City Standards along its entire project frontage as determined by the City Engineer. Murrieta Road is classified as a Secondary Roadway per the city's circulation element (Four Lanes, Undivided. Reference City Standard no. 111) including community on -street NEV/Bike Lanes (Class II) in accordance with the City of Menifee General Plan Circulation Element. The required improvements shall include the construction of appropriate pavement transitions from the new improvements to existing improvements beyond the project frontage. The design of the transitions shall be in accordance with the CA Highway Design Manual, finalized during review of final construction drawings, and approved by the Public Works Director / City Engineer. 9. Landscaping on Frontage Roads - The parkway areas within the public right-of-way or landscape easements fronting the entire property along frontage roads, shall be landscaped and irrigated per City standards and guidelines. These areas shall be maintained by the CFD or HOA. 10. Offsite Grading Work - Prior to any grading permit issuance, any necessary offsite grading easements must be recorded and noted on the grading plans. 11. Murrieta Road Inlets — The site currently drains to existing inlets at the southwest corner Murrieta Road and Chambers Intersection. Overflow from project site shall be mitigated to the 100-year peak flow prior to connecting to the existing storm drain system. 12. Offsite Treatment — In consistency with the city MS4 permit, project shall provide treatment for new impervious from offsite improvements along Chambers Avenue and Murrieta Road. This shall be shown and implemented in the site final project specific WQMP. Page 31 of 76 Section III-B: Engineering/Public Works Department Conditions of Approval (Standard Policies & Proceduresl Page 32 of 76 All required public improvements must be constructed and accepted by the City prior to issuance of the first and any subsequent certificate of occupancy, unless approved by City Engineer/Public Works Director. 2. Engineering Design exceptions to City design standards and policies must be specifically requested in writing and approved by City Engineer/PW Director. Any design exceptions shown on the tentative map and associated engineering documents that are not specifically requested are not approved. 3. The developer is responsible to furnish & install one 2" and one 3" conduit for traffic signal interconnect and broadband purposes, per City of Menifee Standard Detail 1005, along all circulation element roads and intersections. 4. Subdivision Map Act — The developer / property owner shall comply with the State of California Subdivision Map Act and all other laws, oridnances, and regulations pertaining to the subdivision of land. 5. Mylars —All improvement plans and grading plans shall be drawn on twenty-four (24) inch by thirty-six (36) inch Mylar and signed by a licensed civil engineer and/or other registered/licensed professional as authorized by State law. 6. Guarantee for Required Improvements. Prior to grading permit issuance, construction permit issuance, and/or Final Map recordation, financial security or bonds shall be provided to guarantee the construction of all required improvements associated with each phase of construction, per the City's municipal code. 7. The Public Works Director may require the dedication and construction of necessary utilities, streets, or other improvements outside the area of any particular map phase if the improvements are needed for circulation, drainage, parking, and access or for the welfare and safety of the public. 8. Bond Replacement, Reduction, and Releases - All requests for bond replacements (such as in changes of property ownerships), reductions (such as in partial completion of improvements), releases (such as in completion of improvements), shall conform to City policies, standards, and applicable City ordinances. It shall be the responsibility of the developer / property owner to notify the City in time when any of these bond changes are necessary. The City shall review all changes in Bond Agreements and the accompanying bonds or security. 9. Existing and Proposed Easements - The final grading plan and improvement plans shall correctly show all existing easements, traveled ways, drainage courses, and encumbrances. Any omission or misrepresentation of these documents may require said plan to be resubmitted for further consideration. 10. Engineered Plans - All improvement plans, and grading plans shall be drawn on twenty-four (24) inches by thirty-six (36) inch Mylar and signed by a licensed civil engineer or other registered/licensed professional as required. 11. Plan Check Submittals — Appropriate plan check submittal forms shall be completed and submittal check list provided that includes required plan copies, necessary studies / reports, references, fees, deposits, etc. Prior to final approval of improvement plans by the Public Page 33 of 76 Works / Engineering Department, the developer / property owner shall submit to the Public Works / Engineering Department CAD layers of all improvements to be maintained by the City (pavement, sidewalk, streetlights, etc.). A scanned image of all final approved grading and improvement plans on a Universal Serial Bus (USB) drive, also known as a "flash" drive or "thumb" drive, shall be submitted to the Public Works / Engineering Department, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and Abf) or (c) Geodatabase (made up of ESRI extension .gdb). CAD files created with the latest version shall only be accepted if approved by the Public Works Director / City Engineer. GIS and ACAD files 2004 or later are required for all final maps upon approval. 12. Final Map Submittal Process — Appropriate final map plan check submittal forms shall be completed and appropriate fees or deposits paid. Prior to approval of the final map by the City Council, the developer / property owner shall provide along with the final map mylars, electronic files of the final map on Compact Disc (CD), in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and Abf) and (c) Geodatabase (made up of ESRI extension .gdb). CAD files created with the latest version shall only be accepted if approved by the Public Works Director / City Engineer. 13. Plan Approvals — Improvement plans and grading plans shall be submitted with necessary supporting documentation and technical studies (hydrology, hydraulics, traffic impact analysis, geotechnical studies, etc.) to the Public Works / Engineering Department for review and approval. All submittals shall be signed and date stamped by the Engineer of Record. The plans must receive Public Works / Engineering Department approval prior to issuance of any construction permit, grading permit, or building permits as applicable and as determined by the Public Works Director / City Engineer. All submittals shall include a completed City Fee or Deposit Based Worksheet and the appropriate plan check. For improvements proposed to be owned and maintained by the Riverside County Flood Control and Water Conservation District, improvement plans must receive district approval prior to Building permit issuance or as determined by the District. All required improvement plans and grading plans must be approved by the Public Works Engineering Department prior to recordation of a final map for which the improvements are required, or prior to issuance of any construction and/or grading permit, whichever comes first and as determined by the PW Director. Supporting City approved studies including, but not limited to, hydrologic and hydraulic studies and traffic studies must be provided prior to approval of plans. All required CFD landscape plans must be approved prior to building permit issuance. 14. As -Built Plans — Upon completion of all required improvements, the developer/property owner shall cause the civil engineer of record to as -built all project plans, and submit project base line of work for all layers on a USB drive to the Public Works / Engineering Department, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and Abf) or (c) Geodatabase (made up of ESRI extension .gdb). The timing for submitting the as -built plans shall be as determined by the Public Works Director / City Engineer, and prior to Acceptance of improvements and Performance security/bond release. 15. Construction Times of Operation. The developer / property owner shall monitor, supervise, and control all construction and construction related activities to prevent them from causing a public nuisance including, but not limited to, strict adherence to the following: Page 34 of 76 a. Construction activities shall comply with City of Menifee ordinances relating to construction noise. Any construction within the City limits located 1/4 of a mile from an occupied residence shall be permitted Monday through Saturday, except on nationally recognized holidays, 7:00 a.m. to 7:00 p.m. in accordance with Municipal Code Section 8.01.020. There shall be no construction permitted on Sunday or nationally recognized holidays unless prior approval is obtained from the City Building Official or City Engineer. b. Removal of spoils, debris, or other construction materials deposited on any public street no later than the end of each working day. The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. Violation of any condition or restriction or prohibition set forth in these conditions shall subject the owner, applicant to remedies as set forth in the City Municipal Code. In addition, the Public Works Director / City Engineer or the Building Official may suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions until such a time it has been determined that all operations and activities are in conformance with these conditions. d. A Pre -Construction meeting is mandatory with the City's Public Works Inspection team prior to permit issuance and the start of any construction activities for this site. 16. Dry Utility Installations - Electrical power, telephone, communication, traffic signal, street lighting, and cable television conduits and lines shall be placed underground in accordance with current City Ordinances 460 and 461, and as approved by the Public Works Director / City Engineer. This applies also to existing overhead lines which are 33.6 kilovolts or below along the project frontage and within the project boundaries. In cases where 33.6kV or below lines are collocated with high voltage lines (for example, 115kV), the low voltage lines shall be placed underground even when the high voltage lines are exempt from relocation or undergrounding in accordance with City standards and ordinances. Exemption from undergrounding low voltage lines shall only be by the Public Works Director / City Engineer or as directed by the City Council. 17. All grading activities shall conform to the latest adopted edition of the California Building Code, City Grading Ordinance, Chapter 8.26, applicable City design standards and specifications, City ordinances, policies, rules and regulations governing grading in the City. 18. Regulations and Ordinance on Grading Within the City — In addition to compliance with City Chapter 8.26, grading activities shall also conform to the latest edition of the California Building Code, City General Plan, other City Ordinances, City design standards and specifications and all other relevant laws, rules and regulations governing grading in the City of Menifee. Prior to commencing any grading, clearing, grubbing or any topsoil disturbances, the applicant shall obtain a grading permit from the Public Works / Engineering Department. Grading activities that are exempt from a grading permit as outlined by the City ordinance may still require a grading permit by the Public Works Director / City Engineer when deemed necessary to prevent the potential for adverse impacts upon drainage, sensitive environmental features, or to protect property, health safety, and welfare. 19. Dust Control —All necessary measures to control dust shall be implemented by the developer during grading. Fugitive dust shall be controlled in accordance with Rule 403 of the California Air Quality Control Board. Page 35 of 76 20. 2:1 Maximum Slope - Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by the Public Works / Engineering Department. 21. Slope Setbacks — Observe slope setbacks from buildings and property lines per the California Building Code and City ordinance on grading. 22. Slope Landscaping and Irrigation — All slopes greater than or equal to 3 feet in vertical height shall be irrigated and landscaped with grass or ground cover. All manufactured slopes shall be irrigated and landscaped with grass or approved ground cover, and shall have some type of drainage swale at the toe of the slope to collect runoff. Slopes exceeding 15 feet in vertical height shall be irrigated and planted with shrubs and/or trees per City Grading Ordinance Chapter 8.26. Drip irrigation shall be used for all irrigated slopes. 23. Slope Erosion Control Plan - Erosion control and/or landscape plans are required for manufactured slopes greater than 3 feet in vertical height. The plans shall be prepared and signed by a licensed landscape architect and bonded per applicable City ordinances. 24. Slope Stability Report — A slope stability report shall be submitted to the Public Works / Engineering Department for all proposed cut and fill slopes steeper than 2:1 (horizontal:vertical) or over 20 feet in vertical height, unless addressed in a previously city approved report. 25. Erosion Control Plans — All grading plans shall require erosion control plans prior to approval. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing erosion control measures may be included as part of the grading plans or submitted as a separate set of plans for city review and approval. Graded but undeveloped land shall provide, in addition to erosion control planting, any drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control BMPs are required year-round in compliance with all applicable City of Menifee Standards and Ordinances and the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit from the California State Water Resources Control Board (SWRCB). Additional Erosion protection may be required during the rainy season. 26. Water Quality Management Plan (WQMP) - All grading plans shall require an approved copy of the Water Quality Management Plan sheet per the approved WQMP, executed report. The developer / property owner shall comply with the requirements of the W Q M P report, the NPDES municipal permit in force, and City standards and specifications. 27. Design Grade Criteria — Onsite parking areas shall be designed in accordance with the current version of City of Menifee Standards and Specifications. Non-compliance may require a redesign of the project. Significant redesigns may require a revised Plot Plan. Design Grade Criteria: a) On -Site Parking — Where onsite parking is designed, such as in common areas, parking stalls and driveways shall not have grade breaks exceeding 4%. A 50' minimum vertical curve shall be provided where grade breaks exceed 4%. Five percent grade is the maximum slope for any parking area. Where ADA requirement applies, ADA requirement shall prevail. Page 36 of 76 b) Down Drains - Concrete down drains that outlet onto parking lot areas are not allowed. Drainage that has been collected in concrete ditches or swales should be collected into receiving underground drainage system, or should outlet with acceptable velocity reducers into BMP devises. c) Pavement - Permeable pavement requires the layers of filter material to be installed relatively flat. As such, the permeable pavement areas should have a maximum surface gradient of 2%,or approved by the PW Director/City Engineer. 28. Drainage Grade - Minimum drainage design grade shall be 1.5% except on Portland cement concrete surfaces where 0.50% shall be the minimum for concentrated flow conveyance (ribbon gutters and . The engineer of record must submit a variance request for design grades less than 1 % with a justification for a lesser grade. 29. Finish Grade — Shall be sloped to provide proper drainage away from all exterior foundation walls in accordance with City of Menifee Standard Plan 300. 30. Use of Maximum and Minimum ADA Grade Criteria —Actual field construction grades shall not exceed the minimum and maximum grades for ADA and approved project grading design, to allow for construction tolerances. Any improvement that is out of the minimum and maximum values will not be accepted by the City Inspector and will need to be removed and replaced at developer's or owner's expense. 31. Licensed Geotechnical Engineer - A California licensed Geotechnical Engineer shall perform final determination of the foundation characteristics of soils within on -site development areas, and per the approved geotechnical report reviewed and approved by the City. 32. Retaining Walls — Sections, which propose retaining walls, will require separate permits. They shall be obtained prior to issuance of any other building permits — unless otherwise approved by the Building Official and/or the Public Works Director / City Engineer. The walls shall be designed by a licensed civil engineer and conform to City Standards. The plans shall include plan and profiles sheets. 33. Trash Racks: Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris. 34. Riverside County Flood Control and Water Conservation District (RCFCWCD) Encroachment Permit Required. An Encroachment Permit Is required for any work within District right of way or any connection to District facilities. The Encroachment Permit application shall be processed and approved concurrently with the improvement plans. 35. Grading Permit for Clearing and Grubbing — City ordinance on grading requires a grading permit prior to clearing, grubbing, or any topsoil disturbances related to construction grading activities. 36. Compliance with NPDES General Construction Permit — The developer/property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit (GCP) from the State Water Resource Control Board (SWRCB). This is in addition to the Munnicipal permit governing design, WQMPs, and permanent BMPs. Prior to approval of the grading plans or issuance of any grading permit, the developer/property owner shall obtain a GCP from the SWRCB. Proof of filing a Notice of Page 37 of 76 Intent (NOI) and monitoring plan, shall be submitted to the City; and the WDID number issued by the SWRCB shall be reflected on all grading plans prior to approval of the plans. For additional information on how to obtain a GCP, contact the SWRCB. 37. SWPPP - Prior to approval of the grading plans, the developer/property owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the development. The developer/property owner shall be responsible for uploading the SWPPP into the State's SMARTS database system and shall ensure that the SWPPP is updated to constantly reflect the actual construction status of the site. A copy of the SWPPP shall be made available at the construction site at all times until construction is completed. The SWRCB considers a construction project complete once a Notice of Termination has been issued by SWRCB. The City will require submittal of NOTs for requests to fully release associated grading bonds. 38. SWPPP for Inactive Sites — The developer/property owner shall be responsible for ensuring that any graded area that is left inactive for a long period of time has appropriate SWPPP BMPs in place and in good working conditions at all times until construction is completed and the Regional Board has issued a Notice of Termination (NOT) for the development. 39. Import/Export — In instances where a grading plan involves import or export, prior to obtaining a grading permit, the developer/property owner shall have obtained approval for the import/export location from the Public Works / Engineering Department. If an Environmental Assessment did not previously approve either location, a Grading Environmental Assessment shall be submitted to the Planning Director for review and comment and to the Public Works Director / City Engineer for approval. Additionally, if the movement of import/export occurs using City roads, review, and approval of the haul routes by the Public Works / Engineering Department will be required. Import or export materials shall conform to the requirements of Chapter 8.26. 40. Offsite Grading Easements - Prior to recordation of a final map phase, or the issuance of a grading permit within a phased map whichever occurs first, the developer/property owner shall obtain all required easements and/or permissions to perform offsite grading, from affected land owners. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works Engineering Department. 41. Offsite Property and Right of Way — The developer / property owner shall be responsible for acquiring any offsite real property interests that may be required in connection with the development project. Prior to recordation of a final map, or the issuance of a grading permit, whichever occurs first, the developer shall obtain all required ROW, easements and / or permissions to perform offsite grading, from all affected landowners. 42. Increased Runoff Criteria. The development of this site would increase peak flow rates on downstream properties. Mitigation shall be required to offset such impacts. An increased runoff basin should be shown on the exhibit and calculations supporting the size of the basin shall be submitted to the District and the City for review. The entire area of proposed development will be routed through a detention facility(s) to mitigate increased runoff. All basins must have positive drainage; dead storage basins shall not be acceptable. A complete drainage study including, but not limited to, hydrologic and hydraulic calculations for the proposed detention basin shall be submitted to the City for review and approval. For design purposes, the proposed detention basin shall be sized using the 6-hour/100-year frequency storm event. Detention basin(s) and outlet(s) sizing will ensure that this storm event does not produce higher peak discharge in the "after" condition than in the "before" condition. Page 38 of 76 For the 100-year event, an AMC II shall be used together with a constant loss rate. Low Loss rates will be determined using the following i. Undeveloped Condition --> LOW LOSS = 90% ii. Developed Condition --> LOW LOSS = .9 - (.8x%IMPERVIOUS) iii. Basin Site --> LOW LOSS = 10% Where possible and feasible the onsite flows should be mitigated before combining with offsite flows to minimize the size of the detention facility required. If it is necessary to combine offsite and onsite flows into a detention facility two separate conditions should be evaluated for each duration/return period/before-after development combination studied; the first for the total tributary area (offsite plus onsite), and the second for the area to be developed alone (onsite). It must be clearly demonstrated that there is no increase in peak flow rates under either condition (total tributary area or onsite alone), for each of the return period/duration combinations required to be evaluated. A single plot showing the pre -developed, post -developed and routed hydrographs for each storm considered, shall be included with the submittal of the hydrology study. No outlet pipe(s) will be less than 18" in diameter. Where necessary an orifice plate may be used to restrict outflow rates. Appropriate trash racks shall be provided for all outlets less than 48" in diameter. The basin(s) and outlet structure(s) must be capable of passing the 100-year storm without damage to the facility. Mitigation basins should be designed for joint use and be incorporated into open space or park areas. Side slopes should be no steeper than 4: 1 and depths should be minimized where public access is uncontrolled. Mitigation basins should be designed for joint use and m a y be incorporated into open space or park areas. Side slopes should be not steeper than 4: 1 and depths should be minimized where public access is uncontrolled. A viable maintenance mechanism, acceptable to the City should be provided for any flood control facilities to be owned and maintained by the City. Any facilities proposed to be owned by the District, should be provided with a viable maintenance mechanism acceptable to the City and the District. For the City this would be the citywide CFD. Facilities to remain private shall be maintained by commercial property owners association or homeowners associations. 43. Site Drainage - Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over cut and fill slopes. Where water is collected and discharged in a common area, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water. All cut and fill slopes shall have a maximum 2:1 (H:V) grade, 2 horizontal to 1 vertical. 44. Alteration of Drainage Patterns — Prior to grading permit issuance or approval of improvement plans, the final engineering plans submitted by the applicant shall address the following: The project drainage system shall be designed to accept and properly convey all on- and off -site drainage flowing on or through the site. The project drainage system design shall protect downstream properties from any damage caused by alteration of drainage patterns such as concentration or diversion of flow. Concentrated drainage on commercial lots shall be diverted through parkway drains under sidewalks. Page 39 of 76 45. 100 Year Storm- The 100-year storm flow shall be contained within the street top of curb 46. 100 Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100- year storm flows as approved by the City of Menifee Public Works / Engineering Department. 47. 100 Year Design Criteria - In final engineering and prior to grading permit issuance, subsurface storage systems shall be designed with emergency overflow inlets to mitigate flows in excess of the 100-year storm event in a controlled manner to the satisfaction of the Public Works / Engineering Department. 48. 100 Year Sump Outlet - Drainage facilities outletting sump conditions shall be designed to convey the tributary 100-year storm flows. Additional emergency escape shall also be provided. 49. Coordinate Drainage Design - Development of this property shall be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed, and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the PW Engineering Department for review. 50. Comingling of Flows - Site restrictions may require the comingling of onsite and offsite flows. A treatment device approved by the City of Menifee Public Works Director shall be utilized to pretreat the flows before entering HOA facilities. The WQMP will need to show these catch basin inserts. This comingling of flows and the easement shall also be clarified in the CC&Rs for the project. If site restrains and existing conditions require said comingling, it will be the obligation of the HOA to accept this water and maintain the system, as well as performing maintenance on the associated filter inserts. The developer shall provide a storm drain and flowage easement, or other applicable document approved by the city of Menifee, providing the right of the city to drain onto the private property. 51.Interceptor Drain Criteria/Guidelines - The criteria for maintenance access of terrace/interceptor is as follows: flows between 1-5 cfs shall have a 5-foot wide access road, flows between 6-10 cfs shall be a minimum 6-foot rectangular channel. Terrace/interceptor drains are unacceptable for flows greater than 10 cfs. Flows greater than 10 cfs shall be brought to the street. These guidelines may be modified by the City Engineer/PW Director. 52. BMP — Energy Dissipators: Energy Dissipators, such as rip -rap, shall be installed at the outlet of a storm drain system that discharges runoff flows into a natural channel or an unmaintained facility. The dissipators shall be designed to minimize the amount of erosion downstream of the storm drain outlet. 53. Trash Racks — Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris. 54. Perpetuate Drainage Patterns. The property's street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage areas, outlet points and outlet conditions. Otherwise, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm Page 40 of 76 flows. A copy of the recorded drainage easement shall be submitted to the City for review and approval. 55. Perpetual Drainage Patterns (Easements) - Grading shall be designed in a manner that perpetuates the existing natural drainage patterns and conditions with respect to tributary drainage areas and outlet points. Where these conditions are not preserved, necessary drainage easements shall be obtained from all affected property owners for the release onto their properties of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the PW Engineering Department for review. 56. Protection of Downstream Properties - The developer/property owner shall protect downstream properties from damages that can be caused by alteration of natural drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and securing necessary drainage easements. 57. Drainage Runoff Emergency Escape. An emergency escape path shall be provided for the stormwater runoff at all inlets for the proposed underground facilities in the event that the inlets become blocked in any way. To prevent flood damage to the proposed structures, all proposed structures in the vicinity of the inlets and along the emergency escape path shall be protected from flooding by either properly elevating the finished floor in relation to the inlets and flow path or by making sure the structures are set back from the inlets to provide adequate flow through area in the event the emergency escape of the stormwater runoff is necessary. 58. Storm Drain Lines 36" and larger - All proposed storm drain lines greater than 36" in diameter may be considered for ownership and maintenance by the Flood Control District. The applicant shall enter into a cooperative agreement with the Flood Control District regarding the terms of the design, construction and operation of facilities proposed for ownership by the Flood Control District. 59. No Building Permit without Legal Lot — Prior to issuance of any building permit, the developer / property owner shall ensure that the underlying parcels for such buildings are complying with City Ordinances, Codes, and the Subdivision Map Act. 60. No Building Permit Prior to Subdivision Map Recordation — Prior to issuance of any building permit, the developer / property owner shall record the Subdivision Map. Model Homes are exempt from this requirement. 61. No Building Permit without Grading Permit - Prior to issuance of any building permit for any new structure or appurtenance, the developer/property owner shall obtain a grading permit and/or approval to construct from the Public Works Engineering Department. 62. Final Rough Grading Conditions — Prior to issuance of each building permit, the developer/property owner shall cause the Civil Engineer of Record and Soils Engineer of Record for the approved grading plans, to submit signed and wet stamped rough grade certification and compaction test reports with 90% or better compaction. The certifications shall use City approved forms and shall be submitted to the Public Works Engineering Department for verification and acceptance. 63. Conformance to Elevations/Geotechnical Compaction - Rough grade elevations for all building pads and structure pads submitted for grading plan check approval shall be in Page 41 of 76 substantial conformance with the elevations shown on approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical/soils report. 64. Final Grade Certification — The developer/property owner shall cause the Civil Engineer of Record for approved grading plans, to submit signed and wet stamped final grade certification on City -approved form, for each building requesting a certificate of occupancy. The certification shall be submitted to the Public Works Engineering Department for verification and acceptance. 65. Conform to Elevations - Final grade elevations of all building or structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical/soils report. 66. Plant & Irrigate Slopes — All manufactured slopes shall be irrigated and landscaped with grass or approved ground cover and shall have some type of drainage swale at the toe of the slope to collect runoff. Slopes greater than or equal to 3' in vertical height shall have erosion control measures provided. Slopes that exceed 15' in vertical height are to be planted with additional shrubs and trees as approved by the Public Works / Engineering Department. Drip irrigation shall be provided for all irrigated slopes. 67. Common Area Maintenance — Any common areas identified on the tentative map shall be owned and maintained through a permanent master maintenance organization shall be established for the project, to assume maintenance responsibility for all common areas. The organization may be public (City CFD, or another agency) or private (e.g., property owners' association). Merger with an area -wide or regional organization shall satisfy this condition provided that such organization is legally and financially capable of assuming the responsibilities for maintenance. When necessary, property dedication or easement dedications shall be granted to the maintenance organization through map dedication, or separate recordable instrument, and shall be in a form acceptable to the city. 68. Maintenance Exhibit — Prior to final map recordation, the developer / property owner shall prepare an exhibit that shows all open space lots within the project development tract and the maintenance entity for each lot. The exhibit shall be reviewed and approved by the Community Development Department and the Public Works / Engineering Department. 69. Conditions, Covenants and Restrictions (Private Common Areas) — In the event that the Community Facilities District will not maintain all common areas, the establishment of a property owner association (POA or HOA) shall be the mechanism to maintain such common areas. 70. CC&R Content, Submittal Process and Timing — The developer/property owner shall submit to the Public Works / Engineering Department for review and approval CC&R documents consisting of the following: a. One hard copy and an electronic version of the CC&R's. A completed application form to review the CC&Rs, available at the Public Works / Engineering front counter. There is a fee associated with the application and required backup documents to review. The declaration of CC&R's shall: i. provide for the establishment of a property owner's association, Page 42 of 76 ii. provide for the ownership of the common area by the property owner's association, iii. contain provisions approved by the Public Works / Engineering Department, Community Development Department, and the City Attorney, iv. Contain provisions with regards to the implementation of post development Water Quality Best Management Practices identified in the project's approved WQMP. v. Contain provisions notifying initial occupants, or tenants of the project of their receipt of educational materials on good housekeeping practices which contribute to the protection of storm water quality. These educational materials shall be distributed by the property owners' association and/or the developer. vi. Contain provisions for allowing the City a Right of Entry to maintain BMPs that are otherwise not maintained by responsible property owners. If a separate Right of Entry Agreement has been executed, this provision is not necessary to be in the CC&Rs. b. As part of the CC&R document submittal, exhibit(s) identifying the areas or improvements that will be maintained by the POA, the CFD or other entities shall be provided. The exhibit shall be reviewed and approved by the City. c. Once approved, the developer / property owner shall provide a hard copy of the CC&R's wet -signed and notarized to the Public Works / Engineering Department. The Public Works / Engineering Department shall record the original declaration of CC&R's prior to the issuance of Certificate of Occupancy or building permit issuance. A deposit to pay for the review of the CC&Rs pursuant to the City's current fee schedule at the time the above -referenced documents are submitted to the Public Works / Engineering Department. 71. Street Design Standards — Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, Ordinances, and all other relevant laws, rules and regulations governing street construction in the City. 72. Concrete Work — All concrete work including curbs, gutters, sidewalks, driveways, cross gutters, catch basins, manholes, vaults, etc. shall be constructed to meet a 28-day minimum concrete strength of 3,250 psi. 73.Intersection Geometrics — All final intersection geometrics may be modified in final engineering as approved by the Public Works Director / City Engineer. 74. Intersection / 50-Foot Tangent — All centerline intersections shall be at ninety (90) degrees, plus or minus five (5) degrees, with a minimum fifty (50) foot tangent for local roads and one hundred (100) foot tangent, measured from flow line / curb face or as approved by the Public Works Director / City Engineer. 75. Street Improvements — Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, and all other relevant laws, rules and regulations governing street construction in the City. 76. Soils and Pavement Report - Street pavement structural designs shall comply with the recommendations in the City approved project soils and pavement investigation report, and Page 43 of 76 must meet minimum City standards and specifications, as approved by the Public Works Director / City Engineer. R-Values shall be provided in said report and the Engineer of Record shall provide pavement calculations to the City. 77. Driveways - Final driveway geometrics may be modified in final engineering as approved by the Public Works Director / City Engineer. Driveways shall meet current standard radii on all existing and proposed commercial drive approaches used as access to the proposed development. The developer shall adhere to all City standards and regulations for access and ADA guidelines. 78. Acceptance of Public Roadway Dedication and Improvements — Easements and right -of way for public roadways shall be granted to the City through acceptable recordable instrument. Onsite easements and right -of way for public roadways shall be granted to the City of Menifee through the final map, or other acceptable recordable instrument. Any off -site rights -of -way required for access road(s) shall be accepted to vest title in the name of the public if not already accepted. Any shared access roads necessary for the adequate circulation of the proposed project, shall be dedicated for reciprocal access by acceptable recordable instrument prior to any permit issuance. 79. ADA Compliance — ADA path of travel shall be designed at the most convenient accesses and the shortest distance to the buildings in accordance with ADA design standards and to the satisfaction of the Public Works Director / City Engineer and the City Building Official. 80. Paving or Paving Repairs — The applicant shall be responsible for obtaining the paving inspections required by Ordinance 461 and City of Menifee standards and ordinances. Paving and/or paving repairs for utility street cuts shall be per City of Menifee Standards and Specifications and as approved by the Public Works Director / City Engineer. 81. Street Light Plan — Street lights requiring relocations, or any required new streetlights shall be designed in accordance with current City Standards for LS-3 type streetlights. Street light construction plans shall be prepared as separate plans or combined with the public street improvement plans as approved by the Public Works Director / City Engineer. 82. Public Streetlights Service Points — All proposed public streetlights shall be provided with necessary appurtenances and service points for power, separate from privately owned streetlights. The developer/property owner shall coordinate with the PW Department and with Southern California Edison the assignment of addresses to streetlight service points. Service points for proposed public streetlights shall become public and shall be located within public right of way or within duly dedicated public easements. 83. CFD Maintenance - The property owner shall file for annexation or inclusion into the Citywide Community Facilities Maintenance District, CFD for street sweeping services, street pavement maintenance, landscaping, street lighting, etc. 84.Offsite Grading — A notarized and recorded agreement, or City -approved documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department. 85. Sight Distance Analysis — Sight distance analysis shall be conducted at all project roadway entrances for conformance with City sight distance standards. The analysis shall be reviewed and approved by the Public Works Director / City Engineer, and shall be incorporated in the final the grading plans, street improvement plans, and landscape improvement plans. Page 44 of 76 86. Street Name Sign - The developer/property owner shall install street name sign(s) in accordance with applicable City Standards, or as directed by the PW Engineering Department. 87. Driveway Geometrics- Final driveway geometrics may be modified in Final Engineering as approved by the Public Works Director. Driveways shall meet current standard radii on all existing and proposed commercial drive approaches used as access to the proposed development. The developer shall adhere to all City standards and regulations for access and ADA guidelines. 88. Construction Traffic Control Plan - Prior to start of any project related construction, the developer/property owner shall submit to the Public Works Engineering Department for review and approval, a Construction Traffic Control Plan in compliance with all applicable City ordinances, standards and specifications, and the latest edition of the CAMUTCD. This traffic control plan shall address impacts from construction vehicular traffic, noise, and dust and shall propose measures to mitigate these effects. The traffic control plan shall include a Traffic Safety Plan for safe use of public roads right-of-way during construction. 89. Traffic Signal Control Devices — All new traffic signals and traffic signal modifications required for construction by this development project shall include traffic signal communication infrastructure, network equipment, and Advanced Traffic Management System (ATMS) license software. Said traffic signal control devices shall be submitted with the traffic signal design plans and shall be approved by the Public Works Director / City Engineer, prior to testing of a new traffic signal. Traffic signal poles shall be placed at the ultimate locations when appropriate. 90. Cost Participation Through Payment of TUMF and DIF for Improvements- The developer/property owner's TUMF and DIF payment obligations shall be considered as cost participation for Project's required offsite improvements only when the offsite improvements for which credits are claimed, are eligible TUMF and/or DIF facilities at time of TUMF and DIF payments. Determination for TUMF credits shall be at the discretion of the Western Riverside Council of Governments (WRCOG), the governing authority, which shall include entering a three party TUMF Credit Agreement with the developer, WRCOG and the City of Menifee. 91. Improvement Bonds — Prior to improvement plan approval and issuance of any construction permit for all required onsite and offsite public improvements, the developer/project owner shall enter into a bond agreement and post acceptable bonds or security, to guarantee the completion of all required improvements. The bonds shall be in accordance with all applicable City ordinances, resolutions, and municipal codes. 92. Encroachment Permits — The developer/property owner shall obtain all required encroachment permits and clearances prior to start of any work within City, State, or local agency right-of-way. 93. Stormwater Management - All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management Program unless otherwise approved by the Public Works Director/City Engineer. This project is required to submit a project specific WQMP prepared in accordance with the latest WQMP guidelines approved by the Regional Water Quality Control Board. Page 46 of 76 94. Trash Enclosures Standards and Specifications — Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including: a) Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open. b) Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high. c) Provision of concrete slab floor, graded to collect any spill within the enclosure. d) All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed. e) The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces. f) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All non- hazardous liquids without solid trash may be put in the sanitary sewer as an option, in accordance with Eastern Municipal Water District (EMWD) criteria. An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from EMWD. This option requires the following: a) The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. This requirement may not be applicable to commercial complexes with multiple tenants. b) A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water. c) Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins. 95. SWRCB, TRASH AMENDMENTS. The State Water Resources Control Board (State Board) adopted amendments to the Water Quality Control Plan for Ocean Waters of California and the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries — collectively referred to as the "Trash Amendments." Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance. Projects determined to be within Priority Land Uses as defined in the Trash Amendments, shall provide trash full capture devices in all new and existing catch basins to which this development will be tributary to or receiving from all Priority Land Use areas that will contribute storm water runoff to the City of Menifee's MS4. All trash full capture devices shall be listed on the State Board's current list of certified full capture devices posted on their website (https://www.waterboards.ca.gov/water issues/programs/stormwater/trash implementation. shtml), or otherwise approved by State or Regional Water Quality Control Board staff. Storm water runoff from privately owned Priority Land Use areas shall be treated by full capture devices located within privately owned storm drain structures or otherwise located on the Page 46 of 76 privately owned property, whenever possible. Runoff from Priority Land Use areas created or modified by the project, and which are proposed to be City owned, shall be treated by full capture devices located within city -owned storm drains or otherwise located within the public right of way. The State Water Resources Control Board, Resolution adopted an amendment to the Water Quality Control Plan for ocean waters of California to control trash, and Part 1 Trash Provisions of the Water Quality Control Plan for inland surface waters, enclosed bays, and estuaries of California. Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building permit issuance. Projects determined as within Priority Land Uses as defined in the amendment, shall provide full trash capture devices in all new catch basins and existing catch basins to which this development will be tributary to. Devices shall meet the requirement of the new Trash Amendment. 96. Prior to issuance of a grading permit, a FINAL project specific WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works Engineering Department. Final construction plans shall incorporate all the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. The FINAL WQMP submittal shall include at the minimum the following reports/studies: d) Hydrology/hydraulics report e) Soils Report that includes soil infiltration capacity f) Limited Phase II Environmental Site Assessment Report, as may be required by an approved Phase I ESA Report Final construction plans shall incorporate all the structural BMPs identified in the approved FINAL WQMP. The final developed project shall implement all structural and non-structural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM in pdf format shall be submitted to the Public Works Engineering Department. 97. Revising The Final WQMP - In the event the Final WQMP requires design revisions that will substantially deviate from the approved Prelim WQMP, a revised or new WQMP shall be submitted for review and approval by the Public Works / Engineering Department. The cost of reviewing the revised/new WQMP shall be charged on a time and material basis. The fixed fee to review a Final WQMP shall not apply, and a deposit shall be collected from the applicant to pay for reviewing the substantially revised WQMP. 98. WQMP Maintenance Agreement - All water quality features or BMPs shall be located within the property limits, and the maintenance shall be the full responsibility of the developer / project owner. Prior to, or concurrent with the approval of the FINAL WQMP, the developer / property owner shall record Covenants, Conditions and Restrictions (CC&R's) that addresses the implementation and maintenance of proposed WQMP BMPs, or enter into an acceptable maintenance agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. 99. Implement Project Specific WQMP - All structural BMPs described in the project -specific WQMP shall be constructed or installed and operational in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all BMPs described in the approved project specific WQMP and that copies of the approved Page 47 of 76 project -specific WQMP are available for the future owners/occupants. The City will not release occupancy permits for any portion of the project or subdivision map phase until all proposed BMPs described in the approved project specific WQMPs, to which the portion of the project is tributary to, are completed and operational. The City will not release occupancy permits for any portion of the project, or any proposed map phase prior to the completion of the construction of all required structural BMPs, and implementation of non-structural BMPs. 100. Inspection of BMP Installation — Prior to issuance of Certificate of Occupancy, all structural BMPs included in the approved FINAL WQMP shall be inspected for completion of installation in accordance with approved plans and specifications, and the FINAL WQMP. The Public Works Stormwater Inspection team shall verify that all proposed structural BMPs are in working conditions, and that a hard copy and / or digital copy of the approved FINAL WQMP are available at the site for use and reference by future owners/occupants. The inspection shall ensure that the FINAL WQMP at the site includes the BMP Operation and Maintenance Plan, and shall include the site in a City maintained database for future periodic inspection. 101. WQMP/BMP Education - Prior to issuance of Certificate of Occupancy, the developer / project owner shall provide the City proof of notification to future occupants of all BMP's and educational and training requirements for said BMP's as directed in the approved WQMP. Proof of notification shall be provided to the Public Works / Engineering Department in forms determined acceptable by the Public Works Director / City Engineer. Public Education Program materials may be obtained from the Riverside County Flood Control and Water Conservation District's NPDES Section through their website at www.rcwatershed.org. The developer must provide to the Public Works / Engineering Department a notarized affidavit, or other notification forms acceptable to the Public Works Director / City Engineer, stating that the distribution of educational materials to future homebuyers has been completed prior to issuance of occupancy permits. A copy of the notarized affidavit must be placed in the final WQMP report. The Public Works / Engineering Department MUST also receive the original notarized affidavit with the plan check submittal to clear the appropriate condition. Placing a copy of the affidavit without submitting the original will not guarantee clearance of the condition. 102. EMWD Minimum Standards —All public water, sewer and recycled water improvements shall be designed per the City adopted Riverside County Ordinances 460, 461 and 787; Eastern Municipal Water Districts (EMWD) standards and specifications, including required auxiliaries and appurtenances. The final design, including pipe sizes and alignments, shall be subject to the approval of EMWD and the City of Menifee. 103. Utility Improvement Plans — Public Water, Sewer and Recycled Water improvements shall be drawn on City title block for review and approval by the Public Works / Engineering Department and EMWD. 104.Onsite and Offsite Sewer, Water and Recycled Water Improvements — All public onsite and offsite sewer, water and recycled water improvements shall be guaranteed for construction prior to approval of improvement plans and final map approval. 105. Sewer Lines —Any new public sewer line alignments or realignments shall be designed such that the manholes are aligned with the center of lanes or on the lane line and in accordance with Riverside County Ordinances 460/461 and Eastern Municipal Water District standards. Page 48 of 76 106. Water Mains and Hydrants - All water mains and fire hydrants providing required fire flows shall be constructed in accordance with the Riverside County Ordinance Numbers 460 and 787, and subject to the approval of the Eastern Municipal Water District and the Riverside County Fire Department. 107.Annexation to the Citywide Community Facilities District (CFD)- Prior to the issuance of map recordation, the developer/property owner shall complete the annexation of the proposed development, into the boundaries of the City of Menifee citywide Community Facilities Maintenance District (Services) CFD. The citywide CFD shall be responsible for: The maintenance of public improvements or facilities that benefit this development, including but not limited to, public landscaping, streetlights, traffic signals, streets, pavement maintenance, drainage facilities, street sweeping, water quality basins, graffiti abatement, and other public improvements or facilities as approved by the Public Works Director. The developer/property owner shall be responsible for all cost associated with the annexation of the proposed development in the citywide CFD. 108. CFD Annexation Agreement - In the event timing for this development's schedule prevents the developer/property owner from complying with condition of approval for CFD annexation, the developer shall enter into a CFD annexation agreement to allow the annexation to complete after the map recordation but prior to issuance of a building permit. The developer shall be responsible for all costs associated with the preparation of the CFD annexation agreement. The agreement shall be approved by the City Council prior to issuance of a building permit. 109. Assessment Segregation - Should this project lie within any assessment/benefit district, the applicant shall, prior to any building permit issuance to make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are deferred to building permit. 110. Landscape Improvement Plans for CFD Maintenance — Landscape improvements within public ROW and/or areas dedicated to the City for the citywide CFD to maintain shall be prepared on a separate City CFD plans for review and approval by the PW Engineering Department. The plans may be prepared as one plan for the entire development as determined by the PW Director. When necessary, as determined by the PW Director, a separate WQMP construction plan on City title block maybe required for review and approval by the PW Engineering Department prior to issuance of a grading permit. 111. Parkway Landscaping Design Standards - The parkway areas behind the street curb within the public's right-of-way, shall be landscaped and irrigated per City standards and guidelines. 112.CFD Landscape Guidelines and Improvement Plans — All landscape improvements for maintenance by the CFD shall be designed and installed in accordance with City CFD Landscape Guidelines, and shall be drawn on a separate improvement plan on City title block. The landscape improvement plans shall be reviewed and approved by the PW Engineering Department prior to issuance of a construction permit. 113. Maintenance of CFD Accepted Facilities — All landscaping and appurtenant facilities to be maintained by the citywide CFD shall be built to City standards. The developer shall be Page 49 of 76 responsible for ensuring that landscaping areas to be maintained by the CFD have its own controller and meter system, separate from any private controller/meter system. 114.AB 341. AB 341 focuses on increased commercial waste recycling as a method to reduce greenhouse gas (GHG) emissions. The regulation requires businesses and organizations that generate four or more cubic yards of waste per week and multifamily units of 5 or more, to recycle. A business shall take at least one of the following actions to reuse, recycle, compost, or otherwise divert commercial solid waste from disposal: a) Source separate recyclable and/or compostable material from solid waste and donate or self -haul the material to recycling facilities. b) Subscribe to a recycling service with their waste hauler. c) Provide recycling service to their tenants (if commercial or multi -family complex). d) Demonstrate compliance with the requirements of California Code of Regulations Title 14. For more information please visit: www.rivcowm.org/opencros/recyclying/recycling and compost business.html#mandatory 115.AB 1826. AB 1826 (effective April 1, 2016) requires businesses that generate eight (8) cubic yards or more or organic waste per week to arrange for organic waste recycling services. The threshold amount of organic waste generated requiring compliance by businesses is reduced in subsequent years. Businesses subject to AB 1826 shall take at least one of the following actions in order to divert organic waste from disposal: Source separate organic material from all other recyclables and donate or self -haul to a permitted organic waste processing facility. Enter into a contract or work agreement with gardening or landscaping service provider or refuse hauler to ensure the waste generated from those services meet the requirements of AB 1826. Consider xeriscaping and using drought tolerant/low maintenance vegetation in all landscaped areas of the project. As of January 1, 2019, the above requirements are now applicable to businesses that generate four (4) or more cubic yards of solid waste per week and one (1) or more cubic yards of organic waste per week. Additionally, as of January 1, 2019, a third trash bin is now required for organics recycling, which will require a larger trash enclosure to accommodate three (3) trash bins. This development is subject to this requirement. 116. Recyclables Collection and Loading Area Plot Plan. Prior to the issuance of a building permit for each building, the applicant shall submit three (3) copies of a Recyclables Collection and Loading Area plot plan to the City of Menifee Engineering/Public Works Department for review and approval. The plot plan shall show the location of and access to the collection area for recyclable materials, along with its dimensions and construction detail, including elevation/fagade, construction materials and signage. The plot plan shall clearly indicate how the trash and recycling enclosures shall be accessed by the hauler. The applicant shall provide documentation to the Community Development Department to verify that Engineering and Public Works has approved the plan prior to issuance of a building permit. Page 50 of 76 117. Waste Recycling Plan. Prior to the issuance of a building permit for each building, a Waste Recycling Plan (WRP shall be submitted to the City of Menifee Engineering/Public Works Department for approval. Completion of Form B "Waste Reporting Form" of the Construction and Demolition Waste Diversion Program may be sufficient proof of WRP compliance, as determined by the Public Works Director / City Engineer. At minimum, the WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and/or reduce the amounts of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. During project construction, the project site shall have, at a minimum, two (2) bins; one for waste disposal and the other for recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used to further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler. 118. Waste Management Clearance. Prior to issuance of an occupancy permit for each building, evidence (i.e., receipts or other type of verification) shall be submitted to demonstrate project compliance with the approved WRP to the Engineering and Public Works Department in order to clear the project for occupancy permits. Receipts must clearly identify the amount of waste disposed and Construction and Demolition (C&D) materials recycled. Completion of Form C, "Waste Reporting Form" of the Construction and Demolition Waste Diversion Program along with the receipts may be sufficient proof of WRP compliance, as determined by the PW Director / City Engineer. 119. Fees and Deposits — Prior to approval of final maps, grading plans, improvement plans, issuance of building permits, and/or issuance of certificate of occupancy, the developer/property owner shall pay all fees, deposits as applicable. These shall include the regional Transportation Uniform Mitigation Fee (TUMF), any applicable Traffic Signal Mitigation Fees, Development Impact Fees (DIF), and any applicable Road and Bridge Benefit District (RBBD) Fee. Said fees and deposits shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances. 120. Road Bridge Benefit District —The applicant shall pay the RBBD fees based on the designated land use and areas, prior to the issuance of a building permit. Should the project proponent choose to defer the time of payment, a written request shall be submitted to the City, deferring said payment from the time of issuance of a building permit to issuance of a certificate of occupancy. Fees which are deferred shall be based upon the fee schedule in effect at the time of issuance of the permit of each parcel. 121.TUMF FEES - Prior to the issuance of an occupancy permit, the developer/property owner shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of (building permit or certificate of occupancy) issuance, pursuant to adopted City Ordinance governing the TUMF program. 122. Fees and Deposits — Prior to approval of final maps, grading plans, improvement plans, issuance of building permits, and/or issuance of certificate of occupancy, the developer/property owner shall pay all fees, deposits as applicable. These shall include the regional Transportation Uniform Mitigation Fee (TUMF), any applicable Traffic Signal Mitigation Fees, Development Impact Fees (DIF), and any applicable Road and Bridge Benefit District (RBBD) Fee. Said fees and deposits shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances. Page 51 of 76 Section IV: Building and Safety Conditions of Approval Page 52 of 76 1. Final Building & Safety Conditions. Final Building & Safety Conditions will be addressed when building construction plans are submitted to Building & Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 2. Compliance with Code. All Design components shall comply with applicable provisions of the 2022 edition of the California Building, Plumbing and Mechanical Codes; 2022 California Electrical Code; California Administrative Code, 2022 California Energy Codes, 2022 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Menifee Municipal Code. If a code cycle changes prior to submission of any plans or documents, the plans submitted shall be updated to the current State of California, Title 24, Code of Regulations, City of Menifee Ordinance, or any other state, federal, or city requirements. 3. Photovoltaic System. A photovoltaic (PV) system shall be installed on the newly constructed dwelling units per State of California Assembly Bill 178 (AB-178). The PV plans may be deferred. The proposed location of the PV system shall be shown on the first submittal of the dwelling construction plans for review. Any deferred PV system plans shall be submitted and approved prior to the rough electrical inspection of the ADU. 4. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at the time of plan review, a complete exterior site lighting plan with a "photometric study" showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building & Safety Department. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights -of -way. All exterior LED light fixtures shall be 3,000 kelvin and below. 5. Street Name Addressing. Applicant must obtain street name addressing for all proposed buildings by requesting street name addressing and submitting a site plan for commercial, residential/tract, or multi -family residential projects. 6. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 7. Obtaining Separate Approvals and Permits. The recreation center, pools, and other associated structures and amenities for the recreation center shall be permitted separately. Temporary construction/sales trailers, temporary power poles/generators, trash enclosures, patio covers, light standards, building and monument signage, and any block walls will require separate approvals and permits. All parks that are a part of the development shall be permitted separately. 8. Private Sanitary Sewer and Domestic Water Plan Approvals. (if Applicable) On -site private sanitary sewer and domestic water plans will require separate approvals and permits from Building and Safety. One (1) set of digital or six (6) sets of plans shall be submitted. 9. Demolition. (If applicable) Demolition permits require separate approvals and permits. AQMD notification and approval may be required. Page 63 of 76 10. Hours of Construction. Signage shall be prominently posted at the entrance of the project indicating the hours or construction, as allowed by the City of Menifee Municipal Ordinance 8.01.010, for any site within one -quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday 6:30am to 7:OOpm. No work is permitted on Sundays and nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer. Provide a tract production application and sequence worksheet with the following information: 1. Identify the applicant, developer/builder, tract, phase, and lot number(s) on the City's application form. 2. On a sequence worksheet, identify the addresses, accessors parcel numbers, lot numbers, plan types, elevations, habitable square foot area, garage square foot area, patio/deck square footage and chosen options. 3. Clearly identify all options creating additional square feet, or changes to total square foot area. 4. Identification of residential lots based on percentages required by the Community Development Department. Submit one (1) set of digital plans including but not limited to: fully dimensioned Structural, Architectural, Plumbing, Mechanical and Electrical Plans, floor, and site plans and, geotechnical reports. All digital plans shall be a minimum equivalent of 24" x 36" size media. Site Plans 1. Vicinity Map. 2. Assessor's Parcel Number, Tract and Lot number; and Site Address. 3. Building data: Proposed building Sq. Ft., use/occupancy, Building Code data: The California Model Codes currently in effect are the 2022 California Code of Regulations, Title 24 — Building, Electrical, Mechanical, Plumbing, Green Building Code, Fire, and California Energy Code. Floor Plans North Arrow. 2. Street frontage, lot lines and lot dimensions. 3. Building location and setbacks to property lines and/or easements. Floor Plans 1. Each model or building type. 2. Universal Design components for single- family residential dwellings. Elevations All model or building types. Provide North, South, East, and West side views of the building exterior, showing the structure's exterior features and elements e.g., exterior wall finish, wall veneers, fireplace chimney, roof pitch, roof vents, doors, windows, etc. Page 54 of 76 Plumbing/Mechanical 1. Points of connection for water/sewer meter locations. 2. Material type and sizes for waste/vent, water, and gas supply systems. 3. HVAC equipment location; gas stub locations and BTU input for gas appliances. 4. County of Riverside Environmental Health Department Approved septic system design Electrical Plan 1. Electrical main service size, location, and grounding method. 2. Electrical power and lighting plans, lighting fixture schedule. 3. Title 24 Energy Code electrical requirements including high efficacy fixture types, motion sensors, dimmer switching or photo controls. Structural Plan/Foundation/Framing/Roof Plan and Details 1. Structural design by a State of California registered engineer or licensed architect if the proposed structure does not comply with conventional light wood framing. 2. Foundation elements to include, footing & slab reinforcement; footing and slab details, including base preparation, sand layer(s), moisture barrier; anchor bolt size and spacing, hold down devices, etc. 3. Structural frame plan(s) and key referenced details for walls, floor levels and roof. 4. One (set) set of stamped/signed (digital signature accepted) Structural Calculations. 5. One (1) digital set of stamped/signed (digital signature accepted) Roof Truss Calculations (if applicable). The architect or engineer of record shall first review and stamp the truss layout sheet, indicating the design to be in general conformance with the building design, prior to submittal to the Building and Safety Department for review and approval. Supplemental Information 1. One (1) digital copy of current Geotechnical soils reports, dated within 1 year of plan submittal or, an older report with an update letter addressing current soils data from the same engineering firm. 2. Package D prescriptive method Energy Forms, or computerized ENV (Envelope), MECH (Mechanical) and Mandatory Measures energy calculation forms for new conditioned space; and all the required compliance forms are to be copied to the full-size plan sheets. 3. Include full plan size copies of the city department's Conditions of Approval to the plans. 4. One (1) digital copy of the approved signed precise grading plan. 5. Fees are based on the current City of Menifee Adopted Fee Schedule. 6. The contractor must sign the permit application and provide evidence of current CA State contractor's license. All contractor's/sub-contractors must show proof of State and City licenses and shall comply with Sec. 3800 of the Labor Code regarding Workers Compensation. 7. Applicant shall obtain all required clearances and/or approvals from the appropriate water district(s) and Riverside County Fire prior to issuance of any building permits. Prior to Issuance of Building Permits 1. Prior to the model home complex, sales office, and production permits, all maps shall be recorded with the City of Menifee. 2. All associated Building Fees to be paid. Page 55 of 76 3. Each Department is required to sign the City of Menifee request for residential permit issuance form available on the City of Menifee website. The Building and Safety Department shall be the last to sign the form. Inspections 1. All inspection requests shall be requested through the City of Menifee Accella Citizen Access (ACA) portal only. 2. All work that has been requested to be inspected shall be ready for inspection prior to 8:00am. 3. The approved plans and documents shall be on -site at the time of inspection. 4. Access to the job site shall be provided on the day of inspection by 8:00am. 5. Any construction changes from the approved plans shall be revised on the plans and submitted to the Building and Safety Department for review and approval prior to the inspection. 6. Any special inspection or deputy reports required by code, or the approved plans shall be provided at the time of inspection for the specific portion of work required the special inspection or deputy report. Prior to Final Inspection 1. Each department that has conditions shall have completed and approved their final inspection prior to requesting the final inspection by the Building and Safety Department. 2. Each Department is required to sign the City of Menifee request for residential occupancy form available on the City of Menifee website. The Building and Safety Department shall be the last to sign the form. Page 56 of 76 Section V: Fire Department Conditions of Approval Page 57 of 76 1. TURN TEMPLATE- Fire access roads shall be capable of maneuvering through the site with a minimum inside radius of 14'-0" and outside of 38'-0". (PROVIDE TURN TEMPLATE ON EXHIBIT). 2. ROADWAYS- Roadways less than 30 feet parking prohibited. Roadway is required to be posted as a FIRE LANE. 3. SURFACE LOAD AND CAPABILITIES- Fire apparatus access roads shall be designed to support the impose loads of fire apparatus [80,000 pound live load (gross vehicular weight) distributed over two axles] and shall be surfaced so as to provide all-weather driving capabilities [rear wheel drive apparatus] for the length and grade(s) of the fire apparatus access road. 4. FIRE DEPARTMENT ACCESS -Fire apparatus access roads shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. 5. SINGLE FAMILY DWELLINGS. standard fire hydrants (6" x 4" x 2 '/2") shall be spaced no more than 500 feet apart in any direction so that no point on the street is more than 250 feet from a hydrant. Where new water mains are extended along streets where hydrants are not needed for protection of structures, standard fire hydrants shall be provided at spacing not to exceed 1000 feet along streets for transportation hazards. (CFC 507.3, Appendix B). 6. RESIDENTIAL FIRE SPRINKLER - Residential fire sprinklers are required in all one and two family dwellings per the California Residential code, California Building Code and the California Fire Code. Install Fire Sprinkler Systems per NFPA 13D, 2023 Edition. Plans must be submitted to the Fire Dept. for review and approval prior to installation. 7. ADDRESS- Multi -family residences shall display the address in accordance with the Riverside County Fire Department Premises Identification standard 07-01. (CFC 505.1) 8. BLUE DOT REFLECTORS- Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. Page 58 of 76 Section VI: Riverside County Environmental Health Conditions of Approval Page 59 of 76 County of Riverside DEPARTMENT OF ENVIRONMENTAL HEALTH P.O. BOX 7909 • RIVERSIDE, CA 92513-7909 JEFF JOHNSON, DIRECTOR February 16, 2024 City of Menifee Planning Department Attn: Russell Brown 29714 Haun Road Menifee, CA 92586 SUBJECT: CITY OF MEN IFEE —PLANNING APPLICATION DEV2023-002 "Di CAPRI" (APN#: 335-080-008) Dear Mr. Brown: The project listed in the subject heading of this letter is proposing to subdivide an existing 8.03- acre (gross) vacant lot for condominium purposes into 61 single-family units along with 3 common areas and a retention basin. The project site is located at the southwest corner of Murrieta Road and Chambers Avenue, in the City of Menifee. In accordance with the agreement between the County of Riverside, Department of Environmental Health (DEH) and the City of Menifee, DEH offers the following comments/recommendations: POTABLE WATER AND SANITARY SEWER SERVICE: A "General Condition" shall be placed on the project indicating that the subject property is proposing to receive potable water service and sanitary sewer service from Eastern Municipal Water District (EMWD). It is the responsibility of this facility to ensure that all requirements to obtain potable water and sanitary sewer service are met with EMWD, in addition to all other applicable agencies. Prior to building permit issuance, provide documentation that establishes water and service for the project from EMWD (ex: First Release Letter). Prior to building permit final, applicant must provide documentation that verifies actual service from EMWD (ex: Final Release Letter). REMOVAUDESTRUCTION OF ANY EXISTING OWTS AND WELLS: Any existing wells and/or existing onsite wastewater treatment systems (OWTS) shall be properly removed and/or destroyed under permit with DEH. Office Locations • Blythe • Corona • Hemet • Indio • Murrieta • Palm Springs • Riverside Phone (888)722-4234 www.rivcoeh.org Page 60 of 76 LOCAL ENFORCEMENT AGENCY Ensure the appropriate size and number of refuse/recycle bins are provided at this site, in accordance with SB 1383 and that an approved Solid Waste Hauler purveyor is utilized. For additional information please contact our Local Enforcement Agency (LEA) at (951) 955-8980. ENVIRONMENTAL CLEANUP PROGRAM (ECP) As part of the services offered to Contract Cities, the Department of Environmental Health Environmental Cleanup Programs (ECP) conducts environmental reviews on plamting projects to ensure that existing site conditions will not negatively affect human health or the environment. The objective of the environmental reviews is: to determine if there are potential sources of environmental and/or human exposures associated with the project, identify the significance of potential adverse effects from the contaminants, and evaluate the adequacy of mitigation measures for minimizing exposures and potential adverse effects from existing contamination and/or hazardous substance handling. For this project, the City of Menifee is taking on the responsibility to review the above aspects of the project. Should you have any further questions or require further assistance, please contact me by email at Allopez@rivco.org or by phone at (951) 955-8980. Sincerely, Alberto Lopez, Supervising REHS Environmental Cleanup Program Environmental Protection and Oversight Division Page 61 of 76 The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. Signed Name (please print) Date Title (please print) Page 62 of 76 G%TY ox- MENIFEE�_ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Rachel Valencia, Administrative Assistant of the City of Menifee, do hereby certify that the foregoing Planning Commission Resolution No. PC24-628 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 13th day of March, 2024 by the following vote: Ayes: Diederich, Long, Madrid, Thomas, LaDue Noes: None Absent: None Abstain: None � p ache) Valencia, A ministrative Assistant