Agenda packet — Menifee City Council, September 21, 2022 (part 14 of 18)

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 529
Menifee

Mayor

and

City

Council

September

21,
2022
Page
1940 of 2787

CPPM25_81_-PM25.LST
RE W228 1109 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1110 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1111 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1112 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1113 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1114 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1115 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1116 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1117 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1118 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1119 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1120 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1121 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1122 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1123 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1124 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1125 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1126 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1127 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1128 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1129 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1130 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1131 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1132 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1133 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1134 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1135 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1136 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1137 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1138 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1139 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1140 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1141 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1142 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1143 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1144 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1145 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1146 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1147 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1148 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1149 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1150 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1151 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1152 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1153 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1154 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W228 1155 DISCAR:Default(s) Used for Missing Parameters on Keyword DISCCART RE W282 1156 CHK_EL:RecElev < SrcBase; See non-DFAULT HE>ZI option in MCB#9 ************************************
*** ISCST3 Finishes Successfully ***
************************************

Page 72 ends

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 530
Menifee

Mayor

and

City

Council

September

21,
2022
Page
1941 of 2787

CPPM25_81_-PM25.USF
*** ISCST3 - VERSION 02035 ***
*** Commerce Point *** *** Model Executed on 04/24/07 at 14:11:29 ***
Input File - C:\Documents and
Settings\mike.wolf\Desktop\Projects\CommercePointe\Models\PM25\CPPM25_81_-PM25.DTA Output File - C:\Documents and
Settings\mike.wolf\Desktop\Projects\CommercePointe\Models\PM25\CPPM25_81_-PM25.LST Met File - C:\Documents and
Settings\mike.wolf\Desktop\Projects\CommercePointe\Models\Met\riversd.dep Number of sources - 68
Number of source groups - 1
Number of receptors - 374
*** VOLUME SOURCE DATA ***
NUMBER EMISSION RATE BASE RELEASE INIT.

INIT. EMISSION RATE
SOURCE PART. (GRAMS/SEC) X Y ELEV. HEIGHT SY

SZ SCALAR VARY
ID CATS. (METERS) (METERS) (METERS) (METERS) (METERS) (METERS) BY
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
V1 2 0.93240E-03 483754.0 3721253.0 480.2 2.00 23.26

2.32 HROFDY
V2 2 0.93240E-03 483804.0 3721253.0 479.2 2.00 23.26

2.32 HROFDY
V3 2 0.93240E-03 483854.0 3721253.0 477.6 2.00 23.26

2.32 HROFDY
V4 2 0.93240E-03 483904.0 3721253.0 476.9 2.00 23.26

2.32 HROFDY
V5 2 0.93240E-03 483954.0 3721253.0 475.9 2.00 23.26

2.32 HROFDY
V6 2 0.93240E-03 484004.0 3721253.0 474.5 2.00 23.26

2.32 HROFDY
V7 2 0.93240E-03 484054.0 3721253.0 473.1 2.00 23.26

2.32 HROFDY
V8 2 0.93240E-03 483754.0 3721303.0 479.1 2.00 23.26

2.32 HROFDY
V9 2 0.93240E-03 483804.0 3721303.0 478.1 2.00 23.26

2.32 HROFDY
V10 2 0.93240E-03 483854.0 3721303.0 476.8 2.00 23.26

2.32 HROFDY
V11 2 0.93240E-03 483904.0 3721303.0 475.6 2.00 23.26

2.32 HROFDY
V12 2 0.93240E-03 483954.0 3721303.0 475.0 2.00 23.26

2.32 HROFDY
V13 2 0.93240E-03 484004.0 3721303.0 473.7 2.00 23.26

2.32 HROFDY
V14 2 0.93240E-03 484054.0 3721303.0 472.4 2.00 23.26

2.32 HROFDY
V15 2 0.93240E-03 483754.0 3721353.0 477.8 2.00 23.26

2.32 HROFDY
V16 2 0.93240E-03 483804.0 3721353.0 477.2 2.00 23.26

2.32 HROFDY
V17 2 0.93240E-03 483854.0 3721353.0 476.6 2.00 23.26

2.32 HROFDY

Page 1 ends

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 531
Menifee

Mayor

and

City

Council

September

21,
2022
Page
1942 of 2787

CPPM25_81_-PM25.USF
V18 2 0.93240E-03 483904.0 3721353.0 475.0 2.00 23.26

2.32 HROFDY
V19 2 0.93240E-03 483954.0 3721353.0 474.1 2.00 23.26

2.32 HROFDY
V20 2 0.93240E-03 484004.0 3721353.0 473.5 2.00 23.26

2.32 HROFDY
V21 2 0.93240E-03 484054.0 3721353.0 472.0 2.00 23.26

2.32 HROFDY
V22 2 0.93240E-03 483754.0 3721403.0 477.0 2.00 23.26

2.32 HROFDY
V23 2 0.93240E-03 483804.0 3721403.0 477.0 2.00 23.26

2.32 HROFDY
V24 2 0.93240E-03 483854.0 3721403.0 476.2 2.00 23.26

2.32 HROFDY
V25 2 0.93240E-03 483904.0 3721403.0 475.9 2.00 23.26

2.32 HROFDY
V26 2 0.93240E-03 483954.0 3721403.0 474.1 2.00 23.26

2.32 HROFDY
V27 2 0.93240E-03 484004.0 3721403.0 472.7 2.00 23.26

2.32 HROFDY
V28 2 0.93240E-03 484054.0 3721403.0 471.2 2.00 23.26

2.32 HROFDY
V29 2 0.93240E-03 483754.0 3721453.0 476.0 2.00 23.26

2.32 HROFDY
V30 2 0.93240E-03 483804.0 3721453.0 475.6 2.00 23.26

2.32 HROFDY
V31 2 0.93240E-03 483854.0 3721453.0 475.6 2.00 23.26

2.32 HROFDY
V32 2 0.93240E-03 483904.0 3721453.0 474.4 2.00 23.26

2.32 HROFDY
V33 2 0.93240E-03 483954.0 3721453.0 472.8 2.00 23.26

2.32 HROFDY
V34 2 0.93240E-03 484004.0 3721453.0 471.3 2.00 23.26

2.32 HROFDY
V35 2 0.93240E-03 484054.0 3721453.0 471.5 2.00 23.26

2.32 HROFDY
V36 2 0.93240E-03 483754.0 3721503.0 474.9 2.00 23.26

2.32 HROFDY
V37 2 0.93240E-03 483804.0 3721503.0 474.1 2.00 23.26

2.32 HROFDY
V38 2 0.93240E-03 483854.0 3721503.0 473.9 2.00 23.26

2.32 HROFDY
V39 2 0.93240E-03 483904.0 3721503.0 472.7 2.00 23.26

2.32 HROFDY
V40 2 0.93240E-03 483954.0 3721503.0 470.1 2.00 23.26

2.32 HROFDY
*** VOLUME SOURCE DATA ***
NUMBER EMISSION RATE BASE RELEASE INIT.

INIT. EMISSION RATE
SOURCE PART. (GRAMS/SEC) X Y ELEV. HEIGHT SY

SZ SCALAR VARY
ID CATS. (METERS) (METERS) (METERS) (METERS) (METERS) (METERS) BY
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
V41 2 0.93240E-03 484004.0 3721503.0 469.9 2.00 23.26

2.32 HROFDY
V42 2 0.93240E-03 484054.0 3721503.0 470.0 2.00 23.26

2.32 HROFDY

Page 2 ends

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 532
Menifee

Mayor

and

City

Council

September

21,
2022
Page
1943 of 2787

CPPM25_81_-PM25.USF
V43 2 0.93240E-03 483754.0 3721553.0 474.1 2.00 23.26

2.32 HROFDY
V44 2 0.93240E-03 483804.0 3721553.0 473.4 2.00 23.26

2.32 HROFDY
V45 2 0.93240E-03 483854.0 3721553.0 472.7 2.00 23.26

2.32 HROFDY
V46 2 0.93240E-03 483904.0 3721553.0 471.0 2.00 23.26

2.32 HROFDY
V47 2 0.93240E-03 483954.0 3721553.0 469.3 2.00 23.26

2.32 HROFDY
V48 2 0.93240E-03 484004.0 3721553.0 469.1 2.00 23.26

2.32 HROFDY
V49 2 0.93240E-03 484054.0 3721553.0 469.3 2.00 23.26

2.32 HROFDY
V50 2 0.93240E-03 483754.0 3721603.0 473.0 2.00 23.26

2.32 HROFDY
V51 2 0.93240E-03 483804.0 3721603.0 472.7 2.00 23.26

2.32 HROFDY
V52 2 0.93240E-03 483854.0 3721603.0 471.9 2.00 23.26

2.32 HROFDY
V53 2 0.93240E-03 483754.0 3721653.0 472.1 2.00 23.26

2.32 HROFDY
V54 2 0.93240E-03 483804.0 3721653.0 471.1 2.00 23.26

2.32 HROFDY
V55 2 0.93240E-03 483854.0 3721653.0 470.9 2.00 23.26

2.32 HROFDY
V56 2 0.93240E-03 483754.0 3721703.0 471.2 2.00 23.26

2.32 HROFDY
V57 2 0.93240E-03 483804.0 3721703.0 470.9 2.00 23.26

2.32 HROFDY
V58 2 0.93240E-03 483854.0 3721703.0 470.1 2.00 23.26

2.32 HROFDY
V59 2 0.93240E-03 483754.0 3721753.0 470.5 2.00 23.26

2.32 HROFDY
V60 2 0.93240E-03 483804.0 3721753.0 470.0 2.00 23.26

2.32 HROFDY
V61 2 0.93240E-03 483854.0 3721753.0 469.8 2.00 23.26

2.32 HROFDY
V62 2 0.93240E-03 483754.0 3721803.0 469.1 2.00 23.26

2.32 HROFDY
V63 2 0.93240E-03 483804.0 3721803.0 469.1 2.00 23.26

2.32 HROFDY
V64 2 0.93240E-03 483854.0 3721803.0 469.0 2.00 23.26

2.32 HROFDY
V65 2 0.93240E-03 483754.0 3721853.0 468.2 2.00 23.26

2.32 HROFDY
V66 2 0.93240E-03 483804.0 3721853.0 468.2 2.00 23.26

2.32 HROFDY
V67 2 0.93240E-03 483854.0 3721853.0 467.5 2.00 23.26

2.32 HROFDY
*** AREAPOLY SOURCE DATA ***

NUMBER EMISSION RATE LOCATION OF AREA BASE RELEASE NUMBER INIT. EMISSION RATE
SOURCE PART. (GRAMS/SEC X Y ELEV. HEIGHT OF VERTS.

SZ SCALAR VARY
ID CATS. /METER**2) (METERS) (METERS) (METERS) (METERS) (METERS) BY
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Page 3 ends

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 533
Menifee

Mayor

and

City

Council

September

21,
2022
Page
1944 of 2787

CPPM25_81_-PM25.USF
A1 2 0.18984E-07 483716.0 3721890.0 465.9 2.32 10

0.00 HROFDY
*** SOURCE IDs DEFINING SOURCE GROUPS ***
GROUP ID SOURCE IDs ALL A1 , V1 , V2 , V3 , V4 , V5 , V6 , V7 , V8 , V9 , V10 , V11 ,
V12 , V13 , V14 , V15 , V16 , V17 , V18 , V19 , V20 , V21 , V22 , V23 ,
V24 , V25 , V26 , V27 , V28 , V29 , V30 , V31 , V32 , V33 , V34 , V35 ,
V36 , V37 , V38 , V39 , V40 , V41 , V42 , V43 , V44 , V45 , V46 , V47 ,
V48 , V49 , V50 , V51 , V52 , V53 , V54 , V55 , V56 , V57 , V58 , V59 ,
V60 , V61 , V62 , V63 , V64 , V65 , V66 , V67 ,
*** THE SUMMARY OF HIGHEST 1-HR
RESULTS ***
** CONC OF -PM25 IN MICROGRAMS/M**3
**
DATE

NETWORK

GROUP ID AVERAGE CONC (YYMMDDHH) RECEPTOR (XR, YR, ZELEV, ZFLAG) OF TYPE GRID-ID
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
ALL HIGH 1ST HIGH VALUE IS 9.52235 ON 81102008: AT ( 483716.09, 3721840.25, 468.30, 2.00) DC NA

Page 4 ends

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 534
Menifee

Mayor

and

City

Council

September

21,
2022
Page
1945 of 2787

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 535
Menifee

Mayor

and

City

Council

September

21,
2022
Page
1946 of 2787

APPENDIX C: HYDROLOGY AND HYDRAULIC ANALYSIS:

MITIGATION SWALE
Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 536
Menifee

Mayor

and

City

Council

September

21,
2022
Page
1947 of 2787

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 537
Menifee

Mayor

and

City

Council

September

21,
2022
Page
1948 of 2787

Hydrology Analysis

The proposed project, Commerce Pointe I, incorporated a vegetative low flow swale along the southerly and easterly portion of the project site. The purpose of the vegetative low flow swale is to provide a vegetative swale to mitigate impacts to the natural streams.

The mitigation swalel for Commerce Point I has been designed to intercept the first flush emanating from the offsite area based on an existing condition land use cover. The total area tributary to the upstream point of the mitigation swale is

14.3 acres. The flow rate used to design the mitigation swale is based on the water quality flow rate that has been identified in the RCFC & WCD BMP Handbook, also known as the Rational Method Equation. The following equation has been used:

Q= CIA

Where: Q: Flow rate in ft
3/s
C: Runoff Coefficient based on existing land use.

I: Rainfall Intensity which is 0.2 in/hr
A: Area of watershed in acres.

The runoff coefficient “C” has been set to equal 0.29 which is based on an impervious area of 10% and soil type “C”. As a result, the water quality flow rate is equal to 0.83 ft
3/s or 1 ft3/s. See computation below:

Q = 0.29 * 0.2 in/hr * 14.3 acres

Q = 0.83 ft
3/s , use 1.0 ft3/s.

Hydraulic Analysis

In order to limit the maximum flow rate entering the swale a concrete collection weir will be constructed at the property line to route 1 ft 3/s to the proposed
mitigation swale (See Section A-A). The concrete weir will have a base width of 1 foot, a depth of 0.5 feet, and 2:1 side slopes. The concrete weir will transition to a vegetative swale that varies from 4 to 15 feet in width and side slopes that vary from 4:1 to 10:1 (See Section B-B). Normal depth calculations were prepared to determine the capacity of the swale. The concrete weir will have a normal depth of 0.28 feet based on a slope of 0.005 and a roughness coefficient of 0.015.

However, the vegetative swale will have a normal depth of 0.43 feet at the transition based on a slope of 0.005 and a roughness coefficient of 0.035.

Consequently, the design of the vegetative swale will provide the hydraulic control to regulate the flows entering the vegetative swale. Based on the normal Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 538
Menifee

Mayor

and

City

Council

September

21,
2022
Page
1949 of 2787

depth calculation of 0.43, the concrete weir was designed with a depth of 0.5 feet to insure that 1 ft3/s enters the low flow mitigation swale.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 539
Menifee

Mayor

and

City

Council

September

21,
2022
Page
1950 of 2787

Project Description
Friction Method Manning Formula
Solve For Normal Depth
Input Data
Roughness Coefficient 0.015
Channel Slope 0.00500 ft/ft
Left Side Slope 2.00 ft/ft (H:V)
Right Side Slope 2.00 ft/ft (H:V)
Bottom Width 1.00 ft
Discharge 1.00 ft³/s
Results
Normal Depth 0.28 ft
Flow Area 0.43 ft²
Wetted Perimeter 2.24 ft
Top Width 2.11 ft
Critical Depth 0.26 ft
Critical Slope 0.00611 ft/ft
Velocity 2.33 ft/s
Velocity Head 0.08 ft
Specific Energy 0.36 ft
Froude Number 0.91
Flow Type Subcritical
GVF Input Data
Downstream Depth 0.00 ft
Length 0.00 ft
Number Of Steps 0
GVF Output Data
Upstream Depth 0.00 ft
Profile Description
Profile Headloss 0.00 ft
Downstream Velocity Infinity ft/s
Upstream Velocity Infinity ft/s
Normal Depth 0.28 ft
Critical Depth 0.26 ft
Channel Slope 0.00500 ft/ft
Critical Slope 0.00611 ft/ft
Worksheet for Concrete Trapezoidal Channel
2/3/2009 7:33:32 AM
Bentley Systems, Inc. Haestad Methods Solution Center Bentley FlowMaster [08.01.066.00] 27 Siemons Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-1666 1 of 1Page Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 540
Menifee

Mayor

and

City

Council

September

21,
2022
Page
1951 of 2787

Project Description
Friction Method Manning Formula
Solve For Normal Depth
Input Data
Roughness Coefficient 0.035
Channel Slope 0.00500 ft/ft
Left Side Slope 2.00 ft/ft (H:V)
Right Side Slope 2.00 ft/ft (H:V)
Bottom Width 1.00 ft
Discharge 1.00 ft³/s
Results
Normal Depth 0.43 ft
Flow Area 0.79 ft²
Wetted Perimeter 2.91 ft
Top Width 2.71 ft
Critical Depth 0.26 ft
Critical Slope 0.03329 ft/ft
Velocity 1.26 ft/s
Velocity Head 0.02 ft
Specific Energy 0.45 ft
Froude Number 0.41
Flow Type Subcritical
GVF Input Data
Downstream Depth 0.00 ft
Length 0.00 ft
Number Of Steps 0
GVF Output Data
Upstream Depth 0.00 ft
Profile Description
Profile Headloss 0.00 ft
Downstream Velocity Infinity ft/s
Upstream Velocity Infinity ft/s
Normal Depth 0.43 ft
Critical Depth 0.26 ft
Channel Slope 0.00500 ft/ft
Critical Slope 0.03329 ft/ft
Worksheet for Vegetative Channel
2/3/2009 7:32:48 AM
Bentley Systems, Inc. Haestad Methods Solution Center Bentley FlowMaster [08.01.066.00] 27 Siemons Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-1666 1 of 1Page Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 541
Menifee

Mayor

and

City

Council

September

21,
2022
Page
1952 of 2787

APPENDIX D: WATER QUALITY MANAGEMENT PLAN: BMP

LOCATION EXHIBIT, AND BMP CROSS SECTIONS
Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 542
Menifee

Mayor

and

City

Council

September

21,
2022
Page
1953 of 2787

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 543
Menifee

Mayor

and

City

Council

September

21,
2022
Page
1954 of 2787

·
·
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·
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VICINITY MAP
Project Number:

Revision:

Date:

Drawn by:

Title:

Sheet:

Item Title: 11.10 Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 544
Menifee Mayor and City Council                                                                               September 21, 2022 Page 1955 of 2787

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 545
Menifee

Mayor

and

City

Council

September

21,
2022
Page
1956 of 2787

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 546
Menifee

Mayor

and

City

Council

September

21,
2022
Page
1957 of 2787

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 547
Menifee

Mayor

and

City

Council

September

21,
2022
Page
1958 of 2787

Consistency Evaluation Pursuant to Public
Resources Code Section 21166

SCOTT ROAD COMMERCE CENTER PHASE II
(Formerly known as Commerce Pointe)

Prepared for Cox, Castle & Nicholson LLP
3121 Michelson Drive, Suite 200
Irvine, CA 92612

Prepared by Psomas
5 Hutton Centre Drive, Suite 300
Santa Ana, California 92707
September 9, 2021

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 548
Menifee

Mayor

and

City

Council

September

21,
2022
Page
1959 of 2787

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 549
Menifee

Mayor

and

City

Council

September

21,
2022
Page
1960 of 2787

Consistency Evaluation Pursuant to Public Resources Code Section 21166

S COTT ROAD COMMERCE CENTER PHASE II PROJECT i

TABLE OF CONTENTS

Section Page
Purpose and Background ................................................................................................................. 1-1 Purpose ....................................................................................................................... ............................. 1-1 Background .................................................................................................................... ........................ 1-1

1.2.1 Certified FEIR: Commerce Pointe Industrial Park Environmental Impact Report (State Clearinghouse No. 2006121062) ....................................... 1-1 Project Setting ...................................................................................................................................... 2-1 Regulatory Setting ............................................................................................................ ................... 2-1 Environmental Setting ......................................................................................................... .............. 2-2 Project Description ............................................................................................................................. 3-1

3.1.1 Scott Road Commerce Center Phase II ........................................................................ 3-1 Evaluation Pursuant to Section 21166 ........................................................................................ 4-3 Aesthetics .................................................................................................................... ............................ 4-3 Agricultural and Forestry Resources ........................................................................................... 4-8 Air Quality ................................................................................................................... .......................... 4-12 Biological Resources .......................................................................................................... ............... 4-26 Cultural Resources ............................................................................................................ ................ 4-36 Energy ........................................................................................................................ ............................. 4-38 Geology and Soils ............................................................................................................. .................. 4-41 Greenhouse Gas Emissions ...................................................................................................... ...... 4-45 Hazards and Hazardous Materials .............................................................................................. 4-52 Hydrology and Water Quality ................................................................................................... .... 4-57 Land Use and Planning ......................................................................................................... ........... 4-63 Mineral Resources ............................................................................................................. ................ 4-65 Noise ......................................................................................................................... ............................... 4-67 Population and Housing ........................................................................................................ .......... 4-71 Public Services ............................................................................................................... ..................... 4-73 Recreation .................................................................................................................... ......................... 4-78 Transportation ................................................................................................................ .................... 4-79 Tribal Cultural Resources ..................................................................................................... .......... 4-84 Utilities and Service Systems ................................................................................................. ....... 4-86 Wildfire ...................................................................................................................... ............................ 4-91 Conclusions ............................................................................................................................................ 5-1 References ............................................................................................................................................. 6-1 Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 550
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Consistency Evaluation Pursuant to Public Resources Code Section 21166

ii S COTT ROAD COMMERCE CENTER PHASE II PROJECT
TABLES
Table Page

1 Project Components (Certified FEIR) .......................................................................................................... 1-3 2 Proposed Proj ect Components ....................................................................................................................... 3-1 3 South Coast Air Quality Management District Air Quality Significance Thresholds .............. 4-15 4 Estimated Maximum Daily Regi onal Construction Emissions ........................................................ 4-17 5 Peak Daily Oper ational Emissions ........................................................................................... ................... 4-19 6 Construction Phase Locali zed Significance Threshold ....................................................................... 4-22 7 Estimated Greenhouse Gas Emi ssions from Construction ............................................................... 4-47 8 Estimated Annual Greenhouse Gas Em issions from Project Operation ...................................... 4-48 9 Estimated Total Project Buildout Annual Greenhouse Gas Emissions ........................................ 4-48 10 Trip Generation – Modified Project ............................................................................................................ 4-81 11 Net New Si te Trips ............................................................................................................................................. 4-81

EXHIBITS

Exhibit Page

1 Regional Location ............................................................................................................. ................................... 2-2 2 Local Vicinity ................................................................................................................ ......................................... 2-2 3 Aerial Photograph ............................................................................................................. .................................. 2-2 4 Project Site Plan.............................................................................................................. ...................................... 3-1

ATTACHMENT
Attachment
A Air Quality and Greenhouse Gas Emissions Consistency Evaluation for the Scott Road Commerce Center Phase II Project the City of Menifee, California (Air Quality/GHG Emissions Memorandum)

B Scott Road Commerce Center Phase II Traffic Consistency Evaluation

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 551
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S COTT ROAD COMMERCE CENTER PHASE II PROJECT 1-1

PURPOSE AND BACKGROUND

PURPOSE
Scott Road Comm erce Center, for merly know n as Commerce Poi nte and Commerce Point e II, collectively “Commerce Pointe Project,” was analyzed in The Commerce Pointe Industrial Park Project Draft Environmental Impact Report in 2008 (State Clearinghouse [SCH] No. 2006121062). The Final EIR was c ertified by the City of Meni fee in Marc h 2009 (“C ertified FEIR”). The Commerce Pointe Project (“approved Project”) was approved at a total of 827,777 square feet (sf) by the City of Menifee as follows: (i) Commerce Poi nte ( PP 21452) was approved with a t otal of 617, 919 sf and (ii) Commerce Pointe II (PP 22280) was approved with a total of 209,858 sf. Subsequently, the City of Menifee approved Plot Plan 2016-126-Minor Revision for Commerce Pointe II on January 17, 2017.

PP 2016-126 totals 157,147 sf (74.88 percent of the original analysis and approval).

The proposed Scott Road Commerce Center Phase II Project analyzed below, PLN21-0216 (“modified Project” or “proposed Project”), involves a total of 544,115 sf on the Comme rce Pointe site (88.05 percent of the original square footage that was approved by the City for Commerce Pointe ) in three divisible Light Industrial building s, including manufacturing, warehousing, and office uses, ranging f rom approximately 94,000 sf to 230,000 sf. Each building has dock high loading, which is ancillary to the industrial buildings.

The purpose of this eval uation is t o assess, in li ght of th e requirements of Public Resources Code Section 21166, the cons istency o f t he m odified Project wit h the C ommerce Point e Project EIR prepared in compliance with the California En vironmental Quality Act (CEQA). Th is evaluation concludes that the Cer tified FEIR adequately addressed the potential environmental imp acts associated with the proposed Project; no substantial changes are proposed in the Project that would require major revisions of the EIR; no substantial changes have occurred in the circumstances under which the Project is being undertaken that would require major revisions of the original EIR; and no new in formation, which was not known and co uld not have b een known at the tim e, has bec ome available.

BACKGROUND
This consistency evalu ation incorporates information from th e Certified FEIR to demonstrate th at none o f th e events s pecified i n PRC S ection 21166 requiring s ubsequent environmental documentation have occurred. The following information provides context to the modified Project.

1.2.1 CERTIFIED FEIR: COMMERCE POINTE INDUSTRIAL PARK

ENVIRONMENTAL IMPACT REPORT (STATE
CLEARINGHOUSE NO. 2006121062)
Project Location and Setting
The project site is loc ated in t he Southern California, in th e southwestern portion of the County of Riverside (County) in the City of Menifee, which is surrounded by the City of Perris to the north, cities of Canyon Lake and Lake Elsinore to the w est, and City of Murrieta to the south. Regional access is provided by Interstate 215 (I-215), adjacent to the east of the project site and Interst ate 15 (I-15), six miles west of the project site.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 552
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Consistency Evaluation Pursuant to Public Resources Code Section 21166

1-2 S COTT ROAD COMMERCE CENTER PHASE II PROJECT
As described in the Certified FEIR, the approximately 46.02-acre project site was irregularly shaped and constituted two portions of land: the northern 10.58-acre portion (northern section) and the southern 35.44-acre portion (southern section). The northern section of the site was bounded by Zeiders Road to the west and Bailey Park Boulev ard to the east, and the southern section of the project site to the south. The southern section of the site was bounded by Zeiders Road to the west, the northern section of the project site to the north , I-215 to the east, and a mix of agricultural and r e s i d e n t i a l l a n d u s e s t o t h e s o u t h . Z e i d e r s R o a d w a s a n u n i m p r o v e d d i r t r o a d a t t h a t t i m e b u t i s currently a fully improved roadway. There was a commercial structure containing an office building and carport on the southeast portion of the site.

The southern section of the site consisted of the following three properties: Assessor’s Parcel Number (APN) 384-150-002, APN 384-150-003, and APN 38 4-150-007. The northern section of the project site consisted of APN 384-180-026.

At the time the EIR was prepared, the project site was used for two purposes. The central parcel (APN 384-150-003) on the southern section served as a contractor storage yard, which ceased operation in January of 2007. The remaining parcels were used for agricultural purposes. The site topography was gently sloping and undulating except for the storage lot, which was generally level. Elevations at the site ranged from approximately 1,540 feet above mean sea level (msl) at the northeast corner of the site to approximately 1,580 feet above msl at the southwest corner of the site. Based on U.S. States Geologic Survey (USGS), a USGS-designated blueline stream with two tributary drainages was located on the eastern side of the southern section.

The project site was used for agriculture (dry land farming) since approximately 1948. The contractor’s yard described in the Certified FEIR was developed in approximately 2003.

Project Description (Certified FEIR)
The Project as proposed and analyzed in the Cert ified FEIR included develo pment of two industrial parks consisting of construction of buildings, parking, landscaping, and utilities; road improvements along Zeiders Road and Bailey Park Road; and cons truction of Ciccotti Street. The industrial park included a total of 827,777 sf of building space: Commerce Pointe II (PP 22280) comprised of 209,858 sf in 18 buildings in the northern section and Commerce Pointe (PP 21452) comprised 617,919 sf in 33 buildings in the southern section. The building sizes on both portions of the project site varied in square footage ranging from 5,475 sf to 36,360 s f a n d w e r e p r o p o s e d t o h o u s e r e s e a r c h a n d development, manufacturing and warehouse uses wi th associated office uses. The Project also included modification and relocation of the water main located in Zeiders Road.

As described in the EIR, the project would include adjacent roadway improvements, site access, and parking. As part of the project, the Applicant would partially improve Zeiders Road to its ultimate full width (118 feet) and install street lights and str eet trees along the property frontage. The proposed roadway improvement would extend one mile from Scott Road to Keller Road and would include relocation of utilities. Access to the southern section of the site would be provided via one full-access point along Zeiders Road, and one full access point on Ciccotti Street. Access to the northern section of the site would be provided at one full access point along Zeiders Road, one point along the proposed Bailey Park Boulevard, and one point on the Ciccotti Street. Internal roadways would provide access to all of the struct ures. Parking would include 1,369 spaces with 327 spaces on the northern section of the site and 1,042 spaces on the southern section of the site.

Approximately 4.045 acres (176,200 sf) of the site would be designated as open space. This area would include the conserved and enhanced portions of two riparian/riverine cells along with a created mitigation channel totaling approximately 1,740 linear feet and 0.378 acres. The enhanced Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 553
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Consistency Evaluation Pursuant to Public Resources Code Section 21166

S COTT ROAD COMMERCE CENTER PHASE II PROJECT 1-3
habitat feature would be sited on the eastern bounda ry of the site, adjacent to I-215. The project would also include landscaping throughout the si te. The landscaping in the northern section would be located around the perimeter of the site and along the interior roadways and comprised of trees, shrubs, groundcover, vines, grasses, and hydroseed turf. Landscaping in the southern section’s open space area would be divided vertically into three vegetation classifications and would consist of trees, large shrubs, shrubs, sub-shrubs, annuals, perennials, and grasses.

Additionally, the Applicant would install approximately 2,000 feet of a 36-inch storm drain extending from the southern section to the nearby Caltrans right-of-way. Th e proposed off-site storm drain would be designed to accept offsite drainage from the area west of the northern section.

A summary of the components of the project in the Certified FEIR is provided in Table 1, below.

TABLE 1

PROJECT COMPONENTS (CERTIFIED FEIR)
Component Type and Size of Land Uses
Land Use Industrial
Square Footage Total Building Area – 827,777 s f
Site Coverage Southern 35.44- acre section - 43% of site Northern 10.58-acre portion - 45% of site
Floor Area Ratio (FAR) Southern Section – 0.43
Northern Section – 0.45
Building Height Southern Section – 30-34.5 ft
Northern Section – 24-29.5 ft
Parking 1,369 Spaces
Access Southern Section
• One Full Access Along Zeiders Road
• One Full Access on Ciccotti Street
Northern Section
• One Full Access Along Zeiders Road
• One Full Access Along Proposed Bailey Park Boulevard
• One Full Access on Proposed Ciccotti Street
Open Space 4.045 Acres on Southern Section
Source: HPA Architects, 2007
The Certified FEIR was intended to be used as th e environmental document for the entirety of the Commerce Pointe Industrial Park Project. Howeve r, the project to be constructed on the southern section has been modified. The sq uare footage and number of buil dings previously described and analyzed in the EIR have been reduced to 544,115 sf (88.05 percent of the original analysis and approval) and 3 buildings, respectively.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 554
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Consistency Evaluation Pursuant to Public Resources Code Section 21166

1-4 S COTT ROAD COMMERCE CENTER PHASE II PROJECT
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Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 555
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S COTT ROAD COMMERCE CENTER PHASE II PROJECT 2-1

PROJECT SETTING

REGULATORY SETTING
The consistency evaluation in this document is prepared per Section 21166 of the Public Resources Code. The evaluation compares the modified Project with the Certified FEIR’s analysis and conclusions with respect to Commerce Pointe.

Section 21166 of the Public Resources Code states:
“When an environmental impact report has been prepared for a project pursuant to this division, no subsequent or supplemental envi ronmental impact report shall be required by the lead agency or by any responsible agency, unless one or more of the following events occurs”:

1. Substantial changes are proposed in the project which will require major revisions of the environmental impact report.

2. Substantial changes occur with respect to the circumstances under which the project is being undertaken which will require majo r revisions in the environmental impact report.

3. New information, which was not known and could not have been known at the time the environmental impact report was certified as complete, becomes available.

If any of these three conditions apply, then su bsequent environmental documentation would be required. The State CEQA Guidelines, specifically, Section 15162, provides more detail on how to assess the applicability of these standards. Thes e parameters, summarized as follows, have been applied in the consistency evaluation provided in Section 4 of this evaluation. (a) Substantial changes are proposed in the project which will require major revisions of the EIR.

The following four conditions must be found to exist for a finding that the first part of the test applies:
 The change in the project is substantial;
 The change involves new significant environmental impacts or a substantial increase in the severity of previously identified significant environmental impacts;  The change will require major revisions to the previous EIR based on the new or more severe significant environmental impacts; and
 The new or more severe impacts were not considered in the previous EIR (b) Substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions in the EIR.

Four conditions must be found to exist for a finding that the second part of the test applies:
 The change in circumstances is substantial;
Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 556
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Consistency Evaluation Pursuant to Public Resources Code Section 21166

2-2 S COTT ROAD COMMERCE CENTER PHASE II PROJECT
 The change involves new significant environmental impacts or a substantial increase in the severity of previously identified significant environmental impacts;  The change will require major revisions to the previous EIR based on the new or more severe significant environmental impacts; and
 The new or more severe impacts were not considered in the previous EIR (c) New information of substantial importance, which was not known and could not have been known at the time the EIR was certified, becomes available.

New information must show one of the following for the third part of the test to apply:
 The project will have significant effects not evaluated in the prior EIR;  Significant effects previously examined will be substantially more severe than shown in the prior EIR;
 Mitigation measures or alternatives previously found infeasible are in fact feasible and would substantially reduce significant effects of the project, but the project proponent declines to adopt the mitigation measure or alternative; or  Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substa ntially reduce signif icant effects of the project, but the project proponent declin es to adopt the mitigation measure or alternative.

ENVIRONMENTAL SETTING
The project site is located in the southwestern po rtion of the County of Riverside in the City of Menifee. Adjacent cities are Perris to the north , Canyon Lake and Lake Elsinore to the west, and Murrieta to the south. Interstate 215 (I-215), adjace nt to the east of the site and Interstate 15 (I- 15), approximately six miles west of the site prov ide regional access. Please refer to Exhibit 1, Regional Location, Exhibit 2, Local Vicinity, and Exhibit 3, Aerial Photograph.

The approximately 33.86-acre project site is the so uthern section of the site that was analyzed in the Certified FEIR. The project site is bounded by Zeiders Road to the west, the Ciccotti Street to the north, I-215 to the east, and a mix of agricultural and residential land uses to the south. Direct access to the site is provided from Zeiders Road and Ciccotti Street, which are currently improved roads.

The project site consists of the following thre e properties: Assessor’s Parcel Number (APN) 384- 150-002, APN 384-150-003, and APN 384-150-007. Fo rmer uses of the project site included dry land farming since approximately 1948.

The site topography is gently sloping, and the elevations at the site range from approximately 1,540 feet above mean sea level (msl) at the northeast corner of the site to approximately 1,580 feet above msl at the southwest corner of the site. The project site includes a U.S. Geologic Survey (USGS)-designated blueline stream with two tr ibutary drainages on the eastern portion. The figures in the EIR illustrate the blue line stream as part of the jurisdictional features of the U.S.

Army Corps of Engineers (USACE) and the California Department of Fish and Wildlife (CDFW). The stream is an ephemeral feature (dry wash) that conveys runoff to 6- by 5-foot California Department of Transportation (Caltrans) concrete box culverts near the northeast corner of the site.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 557
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Regional Location
Scott Road Commerce Center
Exhibit 1
(Rev: 9-02-2021 MMD) R:\Projects\COX\3COX010100\Graphics\ex_RL.pdf

A N G E L E S N A T I O N A L F O R E S T

C A M P

P E N D L E T O N

CLEVELAND
Lake
Mathews
P
A
C
I
F
I
C

O
C
E
A
N
Lake
Perris
Big Bear
Lake
Lake
Elsinore
Lake
Skinner
Lake
Arrowhead
San Gabriel
Reservoir

S A N B E R N A R D I N O

N A T I O N A L F O R E S T
Canyon
Lake
Lake
Henshaw

NATIONAL
FOREST
Project Location
San Bernardino
Riverside
Diamond Valley
Lake
§¨15
§¨215
ST74
ST60
ST79
ST79
ST79
§¨15
§¨5
§¨215
§¨5
§¨210
§¨15
§¨10
ST1 ST73
ST22
ST91
ST30
ST241
ST74
ST90
ST261
ST142
ST60
ST71
ST55
ST133
ST57
ST241
£¤395
Riverside
San Diego
Los Angeles
Orange
Anaheim
Viejo
Santa
Rancho
Rialto
Perris
Rancho
Corona
Irvine
Ontario
Yucaipa
Mission
Hesperia
Big Bear
Redlands
TemeculaSan Juan
Riverside
Cucamonga
Margarita
Santa Ana
Capistrano
Costa Mesa
San Jacinto
Canyon Lake
Yorba Linda
West Covina
San Clemente
Laguna Beach
Lake Elsinore
Moreno Valley
San Bernardino
Lucerne Valley
D:\Projects\3COX\010100\MXD\ex_RL_20210902.mxd
10 0 105
Miles²
Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 558
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Project Location
Leon R
d
Newport Rd
Briggs R
d
M
urrieta R
d
Scott Rd
Antelope R
d
Los Alamos Rd
Clinton Keith Rd
Domenigoni Pkwy
California O
aks Rd
Nutmeg St
Bundy Canyon Rd
Bradley R
d
M
enifee R
d
La Piedra Rd
Whitewood Rd
W
inchester R
d
Old Newport Rd
Max Gilliss Blvd
Garbani Rd
Antelope Rd
Briggs R
d
Briggs Rd
French Valley Airport
§¨¦215
§¨¦15
Mt San Jacinto
College-Menifee
E Hale Curran
Elementary SCH
La Paloma
High School
Menifee
Valley
Middle School
Chester W
Morrison
Elem School
Tovashal
Elementary
School
Murrieta Valley
High School
Ridgemoor
Elementary School
Shivela
Middle School
Tovashal
School
California
Oaks
Sports Park
Whitewood
Park
Rancho
Acacias
Park
Valley
Vista Park
Barratt Park
Century Park
Mountain
Pride Park
Montafino
Park
Antigua
Park
Crystal
Aire Park
Meni fee La kes
Co untry Club
Ch erry Hills Golf Course
The Colon y
Co untry Club
Scga Members
Gol f Cou rse at
Murreta Califo rn ia
D:\Projects\3COX\010100\MXD\ex_LV_20210902.mxd
²
Local Vicinity
Scott Road Commerce Center
Exhibit 2
(Rev: 9-02-2021 MMD) R:\Projects\COX\3COX010100\Graphics\ex_LV.pdf 1 0 10.5
Miles
Project Boundary
Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 559
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Aerial Photograph Exhibit 3
Bailey Park Blvd
Zeiders Rd
§¨215
D:\Projects\3COX\010100\MXD\ex_Aerial_20210902.mxd
200 0 200100
Feet²
Aerial Source: Esri, Maxar 2019
Project Boundary
Scott Road Commerce Center
(Rev: 9-02-2021 MMD) R:\Projects\COX\3COX010100\Graphics\ex_Aerial.pdf Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 560
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Consistency Evaluation Pursuant to Public Resources Code Section 21166

S COTT ROAD COMMERCE CENTER PHASE II PROJECT 2-3
The project site currently consists of a prev iously mass graded lot with temporary water catchment basins and soil spoils piles. Vegeta tion across the project site consists of ruderal (weedy) species. Vegetation appe ars to be regularly mowed based on the small stature and scattered nature of individual plants observed. The eastern and southern edges of the project site consist of a mitigation area, ranging from 5 to 20 feet wide, planted with a diverse mix of coastal sage scrub species.

There is a drainage that flows from the eastern boundary to the southern boundary that has been converted to an undergro und box culvert. At the edges of the site, the drainage is above-ground and has a small amount of riparian vegetation. The drainage feature along the eastern boundary is approximately 1.95 acres and consists of scattered coast live oaks ( Quercus agrifolia ) with a riparian understory. The southern drainage feature is approximately 0.30 acre and consists of one coast live oak with coastal sage scrub understory. Side slopes of both drainage features consist of coastal sage scrub species similar to those mentioned above.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 561
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Consistency Evaluation Pursuant to Public Resources Code Section 21166

2-4 S COTT ROAD COMMERCE CENTER PHASE II PROJECT
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Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 562
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S COTT ROAD COMMERCE CENTER PHASE II PROJECT 3-1

PROJECT DESCRIPTION
The proposed project site was originally part of the Commerce Pointe Industrial Park Project that was analyzed in the EIR. The northe rn section, Commerce Pointe II, of the project site was revised with the approval of PP21-0216 (Minor Revision) and has been partially de veloped but the plan for the southern section of the site, the proposed pr oject (i.e., Scott Road Commerce Center Phase II, formerly Commerce Pointe), was modified and is cu rrently proposed with an overall approximately 12 percent reduced square footage. More detail is provided, below.

3.1.1 SCOTT ROAD COMMERCE CENTER PHASE II
The proposed Scott Road Commerce Center Phase II, formerly Commerce Pointe and part of the Commerce Pointe Industrial Park Project, is a 544,115-sf light in dustrial development, including warehousing, manufacturing, and ancillary office, between Zeiders Road on the west, I-215 on the east, and the existing Commerce Pointe II developm ent (northern section of the project analyzed in the EIR) on the north. The proposed project consists of three buildings (i.e., Buildings 3, 4, and 5) as identified in Table 2, below, and Exhibit 4, Project Site Plan.

TABLE 2

PROPOSED PROJECT COMPONENTS
Component Building 3 Building 4 Building 5 Total
Land Use Li ght Ind., Office Li ght Ind., Office Li ght Ind., Office Li ght Ind., Office Site Area 16.40 ac 11.43 ac 6.03 ac 33.86 ac
Building Area 229,934 sf 220,606 sf 93,575 sf 544,115 sf • Office-1st floor 10,000 sf 10,000 sf 10,000 sf 30,000 sf • Office-2nd floor 2,500 sf 2,500 sf 2,500 sf 7,500 sf
• Light Industrial 217,434 sf 208,106 sf 81,075 sf 506,615 sf Floor Area Ratio (FAR) 0.32 0.44 0.36
Parking Required 268 259 132 659 stalls
• Office: 1/250 sf 50 50 50 150 stalls
• Warehouse: 1/1,000 sf 218 209 82 509 stalls
Parking Provided 268 288 133 629 stalls
• Standard (9’x18’) 235 256 112 603 stalls
• ADA Standard (9’x18’) 6 6 5 17 stalls
• ADA Van (12’X18’) 2 2 5 9 stalls
• EVCS Standard (9’X18’) 14 16 5 35 stalls
• EVCS Accessible Standard
(9’X18’)
1 1 1 3 stalls
• EVCS Accessible Van
(12’X18’)
1 1 1 3 stalls
• Clean Air/Vanpool/EV 5 6 4 15 stalls
Trailer Parking (55’X10’) 46 37 0 83 stalls
Landscape Area Required 15% of site area
Landscape Area Provided 343,211 sf - 23.30%
Ind.: Industrial; ac: acre; sf: square feet; ADA: Americans with Disability Act Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 563
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0 50 100 200
Feet
Source: HPA Architecture, 2021
(09/09/2021 MMD) R:\Projects\COX\3COX010100\Graphics\ex_Site_Plan.pdf D:\Projects\3COX\010100\GRAPHICS\ex_Site_Plan_20210902.ai Scott Road Commerce Center
Project Site Plan Exhibit 4
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Item Title: 11.10 Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 564
Menifee Mayor and City Council                                                                               September 21, 2022 Page 1975 of 2787

Consistency Evaluation Pursuant to Public Resources Code Section 21166

3-2 S COTT ROAD COMMERCE CENTER PHASE II PROJECT
The modified Project includes landscaping around th e perimeter of the site and within the surface parking lots. Landscaping and irrigation design would be in compliance with current City standards.

Based on City standards, the Project is required to provide 15 percent of the site area as landscaping; however, the Project would include approximately 23. 3 0 p e r c e n t o f t h e s i t e a s l a n d s c a p i n g , t h u s exceeding City requirements. Outdoor patios and an employee break area would also be provided.

The Project would also include bicycle racks in proximity to the entries.

Building 3
Building 3 is a 229,934-sf, 1-story structure with mezzanine, located in the northern half of the project site and to the west of the existing conser vation area, which is along I-215. This building includes a total of 12,500 sf of office on the first floor and mezzanine and 217,434 sf of light industrial use. The site for Building 3 would be accessed vi a three driveways along the southern boundary of the site, off the main entry to the overall project site that ends in a cul-de-sac. Additionally, two access points would be provided from the north, off of Ciccotti Street.

The site for Building 3 would include 268 surface parking stalls on four sides of the building, meeting the City requirement of 268 stalls. Exhibit 4 depicts Building 3.

Building 4
Building 4 is a 220,606-sf, 1-story structure with mezzanine, located in the southern half of the project site (western 2/3 of the site) and to the west of Building 5. This building also includes a total of 12,500 sf of office on the first floor and mezzanine and 208,106 sf of light industrial use. The site for Building 4 would be accessed via three driveways along the northern boundary of the site, off the main entry to the overall project site that ends in a cul-de-sac.

Building 4 would include 288 surface parking stalls surrounding the building on four sides. The City parking standards require a total of 259 stalls, thus there would be a surplus of 29 stalls. Exhibit 4 depicts Building 4.

Building 5
Building 5 is a 93,575-sf, 1-story structure with mezzanine, located in the southern half of the project site (eastern 1/3 of the site) and to the west of I-215. Similar to Buildings 3 and 4, this building includes a total of 12,500 sf of office on the first floor and mezzanine and 81,075 sf of light industrial use. The site for Building 5 would be accessed vi a a single driveway from the cul-de-sac to the northwest of Building 5, off the main entry to the overall project site.

The site for Building 5 would include 133 surface pa rking stalls to the north, east, and west of the building. City parking standards require a total of 132 stalls, thus there would be a surplus of 1 stall.

Exhibit 4 depicts Building 3.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 565
Menifee

Mayor

and

City

Council

September

21,
2022
Page
1976 of 2787

S COTT ROAD COMMERCE CENTER PHASE II PROJECT 4-3
EVALUATION PURSUANT TO SECTION 21166
The discussion and analysis in this consistency do cument evaluates if the modified Project would result in any of the conditions identified in the three-part test in Section 21166 of the Public Resources Code (see Section 2.1 of this evaluation for the discussion of Section 21166 standards). To ensure this analysis is comprehensive, the topical areas identified in the most recent updates to the CEQA Guidelines Environmental Checklist (Checklist) are used as guidance for this evaluation. This comparative analysis provides the City of Menifee with the factual basis for determining whether any changes in the Project, any changes in circumstances, or any new information since the Final EIR was certified in 2009, rise to the level that would require substantial revisions to the Certified FEIR.

The analysis in this document includes a brief discussion of the environmental topics provided in the 2009 EIR and how and if major revisions of the Certif ied FEIR are required in light of modifications to the Project description, changed circumstances, and availability of information that was not known before. In addition to this discussion, the proposed Project is evaluated in light of the criteria outlined in Section 21166 of Public Resources Code. Findings will be made as to the significance of changes to the Project and if those changes would require significant revisions of the Certified FEIR; if there have been significant changes in circumstance under which the Project is implemented that would require major revisions in the Certified FEIR; and if there is new information that was not known before that would become available.

To summarize the analysis in this Section 4.0, there are no changes to the project that would require significant revisions to the Certified FEIR, no ch anges in circumstances that would require major revisions to the Certified FEIR, and no new inform ation that would require major revisions to the EIR.

AESTHETICS
Certified FEIR
The analysis in the Certified FEIR determined that the project site is visible from Interstate 215 (I- 215), which is designated as a County-Eligible Scenic Highway. Scenic resources that are visible within views of the project site from I-215 include the rocky hillsides and ridges of the Murrieta Hills that traverse the western and southern topography, approximately one-half mile west and south of the project site. The Certified FEIR concluded that structures associated with the project would be introduced into the viewshed of the I-215 Scenic Highway and would partially obscure views of the lower areas of the Murrieta Hills for a short distance along the interstate. The Certified FEIR stated that the project would be consistent with the Rive rside County Integrated Project (RCIP) policies related to Scenic Highways and required implementation of a landscape plan. These two factors were determined in the Certified FEIR to reduce impact s to views within the scenic highway corridor by partially camouflaging the project and providing a vegetative transition to the nearby hills.

Additionally, the Certified FEIR identified oak trees located on the project site. To avoid significant impacts to the onsite oak trees, the EIR requir ed the applicant to comply with the Oak Tree Management Guidelines outlined in the Certified FE IR and Mitigation Measures IV.B-1 and IV.E-5 in the Certified FEIR to reduce potential impacts to oak trees.

The analysis in the Certified FEIR also determ ined that implementation of the project would introduce substantial new sources of light into an area, which was previously undeveloped with very little nighttime light. There are several nearby resi dences that would potentially be affected by new Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 566
Menifee

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City

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September

21,
2022
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Consistency Evaluation Pursuant to Public Resources Code Section 21166

4-4 S COTT ROAD COMMERCE CENTER PHASE II PROJECT
lighting sources. However, implementation of Miti gation Measure MM IV.B-2 of the Certified FEIR required that the project would conform with Ci ty Ordinance No. 655 regarding light pollution.

Ordinance No. 655 regulates outdoor light fixtures to reduce undesirable light rays and/or light pollution. With implementation of Mitigation Meas ure MM IV.B-2, the Certified FEIR concluded that impacts would be less than significant.

Consistency Evaluation
Would the Project:
a) Have a substantial adverse effect on a scenic vista? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
The modified Project proposes an approximately 12 percent reduction in the square footage that was contemplated on the site in the Certified FEIR and a reduction from 30 to 3 buildings. Similar to the approved Project, structures associated with th e modified Project would be introduced into the viewshed of the I-215 County-Eligible Scenic Highway, albeit in a different configuration, and would partially obscure views of the lower areas of the Mu rrieta Hills for a short distance along I-215. As with the project evaluated in the Certified FEIR, th e modified Project would be consistent with the Riverside County Integrated Proj ect (RCIP) policies related to Scenic Highways. In addition, implementation of MM IV.B-1 and MM IV.E-5 would ensure that impacts to views within the County Eligible scenic highway corridor would be reduced by partially ca mouflaging the proposed Project and providing a vegetative transition to the nearby hills. Therefore, impacts would not be greater than impacts identified in the EIR. The Project’s potential impact on scenic vistas would be less than significant, and no new mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? The proposed Project has not substantially changed in a manner that would require major revisions to the Certified FEIR. The modified Project proposes a reduction in the overall Project footprint and number of buildings. No changes above and beyond what was analyzed in the Certified FEIR are proposed that would result in significant new or more severe impacts on a scenic vista requiring new mitigation. Thus, major revisions of the Certified FEIR are not required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
As noted above, the modified Project is substantially the same as was previously proposed, except it involves a reduction in overall Project footprint and number of buildings. No changes in Project context or circumstances beyond what was anticipated and analyzed in the Certified FEIR have occurred that would result in new or more severe impacts pertaining to scenic vistas. Thus, no major revisions of the Certified FEIR or new mitigation are required.

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Consistency Evaluation Pursuant to Public Resources Code Section 21166

S COTT ROAD COMMERCE CENTER PHASE II PROJECT 4-5
number of buildings would not create new impacts that would adversely affect scenic vistas. No new information that was not known before is available that would change the findings of the previous analyses or render the significant impacts more se vere, as no significant impacts were identified.

Therefore, the proposed changes would not result in new or more severe impacts requiring major revisions to the Certified FEIR or new mitigation.
b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
As discussed above, the project site is visible towa rd the west from I-215, which is designated as a County-Eligible Scenic Highway; however, I-215 is not currently designated a State Scenic Highway.

The Project is required to have 15 percent the site developed as landscaped; however, the modified Project proposes more than 23 percent of the site to be landscaped. As with the Project evaluated in the Certified FEIR, the modified Project would be cons istent with the RCIP policies related to Scenic Highways. In addition, implementation of mitigati on from the Certified FEIR (MM IV.B-1 and MM IV.E-5) would ensure that impacts to views within the County Eligible scenic highway corridor would be reduced by partially camouflaging the Project and providing a vegetative transition to the nearby hills. Therefore, the Project’s potential impact on scenic resources would be less than significant and no new mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? As concluded in the Certified FEIR , the modified Project would chan ge the visual character of the currently undeveloped site. Howeve r, the modified Project would not involve substantial changes that would require major revisions to the Certified FEIR. As with the Project evaluated in the Certified FEIR, the modified Project would be consistent with the RCIP policies related to Scenic Highways. In addition, implementation of mitigation from the Certified FEIR (MM IV.B-1 and MM IV.E-5) would ensure that impacts to views with in the County Eligible scenic highway corridor would be reduced by partially camouflaging the Project and providing a vegetative transition to the nearby hills.

The proposed Project would improve the view corridors into the site compared to the project as analyzed in the Certified FEIR because it would incorporate a new 50-ft wide Private Drive Aisle (PDA). In contrast to the approved Project, which featured small private access drives off a 35-ft wide main drive aisle, the new PDA provides increased landscaping along both sides of the drive aisle. This would be an improvement over the approved Project. In light of the proposed improvements, no new or more severe impacts would occur beyond what was analyzed in the previous CEQA documentation that would require major revisions to the Certified FEIR, and no new mitigation measures are required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
As noted above, the modified Proj ect is substantially the same as was previously proposed with a reduction in overall Project footprint and number of buildings. No changes in the Project context or circumstances have occurred or been identified th at would result in new or worsened impacts on scenic resources within a State scenic highway, beyond what was analyzed in the previous CEQA analysis. No major revisions to the Certified FEIR or new mitigation are required.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 568
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Consistency Evaluation Pursuant to Public Resources Code Section 21166

4-6 S COTT ROAD COMMERCE CENTER PHASE II PROJECT
New information (which was not known and could not have been known at the time the EIR was certified) available?
The modified Project is substantially the same as was previously proposed with a reduction in overall Project footprint and number of buildings. While the Project includes dock high loading, they are located on the interior side of each building, facing inwards and mostly shielded by the buildings themselves. This change and overall resultant reduction in Project footprint and number of buildings would not create new impacts that would adversely affect scenic resources. No new information that was not known before is available that would change the findings of the previous analysis or render impacts more severe. Therefore, the modified Project would not result in new or more severe impacts requiring major revisions to the Certified FEIR or new mitigation. c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If th e project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
The modified Project is substantially the same as was previously proposed with a reduction in overall Project footprint and number of buildings. The mo dified Project would change the visual character of the currently undeveloped site. However, in ligh t of compatibility with the surrounding uses and the fact that the change in aesthetic character of the site was anticipa ted and discussed in the previous CEQA analyses, no new impacts pertaining to visual character and degradation of the quality of the site would occur. It should be noted though that the proposed Project would improve the view corridors into the site via a new 50-ft wide Private Drive Aisle (PDA). Contrary to the approved Project, which featured small private access drives off a 35-ft wide main drive aisle, the new PDA provides increased landscaping along both sides of the drive aisle. This would be an improvement compared to the approved Project. As with the Pr oject evaluated in the Certified FEIR, the modified Project would be consistent with the RCIP polici es related to Scenic Hi ghways. Additionally, as discussed above, mitigation measures from the Ce rtified FEIR (MM IV.B-1 and MM IV.E-5) would soften the views from the public roadways adjacent to the project site. The visual character from the roadways would be consistent with the visual quality and character of the surrounding development.

Therefore, the Project’s potential impact pertaining to degradation of existing visual quality of public views would be less than significant, and no new mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? The modified Project is substantially the same as was previously proposed with a reduction in overall Project footprint and number of buildings. While the Project includes dock high loading, they are located on the interior side of each building, facing inwards and mostly shielded by the buildings themselves. This change and overall resultant reduction in Project footprint and number of buildings would not create new impacts that would degrade the visual quality of the site. Therefore, the proposed changes would not result in new or more severe impacts on the visual quality of the site requiring major revisions to the Certified FEIR or new mitigation.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The modified Project is substantially the same as was previously proposed with a reduction in overall Project footprint and number of buildings. No ch anges in Project context or circumstances beyond Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 569
Menifee

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September

21,
2022
Page
1980 of 2787

Consistency Evaluation Pursuant to Public Resources Code Section 21166

S COTT ROAD COMMERCE CENTER PHASE II PROJECT 4-7
what was anticipated and analyzed in the Certified FEIR have occurred that would result in new or more severe impacts pertaining to degradation of the visual quality of the site. Thus, no major revisions of the Certified FEIR or new mitigation are required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
The modified Project is substantially the same as was previously proposed with a reduction in overall Project footprint and number of buildings. While the Project includes dock high loading, they are located on the interior side of each building, facing inwards and mostly shielded by the buildings themselves. This change and overall resultant reduction in Project footprint and number of buildings would not create new impacts that would adversely affect visual quality. No new information is available that would change the findings of the pr evious analyses or render impacts more severe.

Therefore, the proposed changes would not result in new or more severe impacts requiring major revisions to the Certified FEIR or new mitigation.
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
The project site is currently undeveloped with no sources of lighting. The modified Projects’ three buildings on a reduced Project footprint would in troduce new light sources, including exterior security lighting, parking lot lighting and headlights from vehicles coming to and from the project site that would increase ambient light levels on the proj ect site. Implementation of the proposed Project would introduce new sources of light into an area that is currently undeveloped and characterized by minimal nighttime light. In addition, there ar e nearby residences that would potentially be affected by introduced lighting sources. However, the general area is developed with various sources of lighting and the project would not introduce substantial new lighting to the vicinity. In addition, implementation of the mitigation measure from th e Certified FEIR (MM IV.B-2) would ensure that the modified Project would regulate any possible li ght pollution by conforming with City Ordinance No. 655. This ordinance regulates outdoor light fixtures to reduce undesirable light rays and/or light pollution. With implementation of the said mitigation measure, light and glare impacts would be less than significant. The modified Project would not cause impacts that are more severe compared to the approved Project or require new mitigation.

Substantial changes proposed in Project, which will require major revisions to the EIR? The modified Project would introduce new sources of light and glare that would increase lighting levels on the project site. However, the light and glare from the proposed Project was anticipated and analyzed in the previous CEQA document. The Project does not result in new or more severe impacts beyond what was analyzed previously that would require major revisions to the Certified FEIR or new mitigation.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
No changes in modified Project context or circumstances beyond what was anticipated and analyzed in the Certified FEIR have occurre d that would result in new or mo re severe impact s pertaining to light and glare. Thus, no major revisions of the Certified FEIR or new mitigation are required.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 570
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Consistency Evaluation Pursuant to Public Resources Code Section 21166

4-8 S COTT ROAD COMMERCE CENTER PHASE II PROJECT
New information (which was not known and could not have been known at the time the EIR was certified) available?
The modified Project includes dock high loading on the interior sides of the buildings that would be shielded by the proposed buildings themselves. The dock high loading would not add substantial lighting to the project. No additional new informat ion that was not known before is available that would change the findings of the previous analyses pertaining to light and glare or render impacts more severe, as no significant impacts were identified. Therefore, the proposed changes would not result in new or more severe impacts associated with light and glare requiring major revisions to the Certified FEIR or new mitigation.

AGRICULTURAL AND FORESTRY RESOURCES
Certified FEIR
As discussed in the Certified FEIR, one of the uses on the project site was dryland farming; however, it was indicated that neither of the two soil types (i.e., Cajalco fine sandy loam and Honcut Loam) was classified as Prime Farmland or Farmland of Statew ide Importance. It was also identified that while a portion of the site was included in a Williamson Act contract, the contract was in non-renewal status and would not be renewed as agricultural land protected by the Williamson Act.

The analysis in the Certified FEIR concluded that , in light of the site being within a Community Development Foundation Co mponent and the designation of Light Industrial (LI), the long range planned use of the site would not be for agricultur al use but the types of urban and suburban land uses allowed under the Foundation Component and LI land use designation. Thus, the project would not conflict with existing agricultural use. Additionally, it was determined that because the agriculturally zoned areas within 300 feet of the pr oject site did not support large-scale agricultural uses, project implementation would not result in land use conflicts with or threaten the viability of agricultural uses. Further, as indicated above, the City did not intend for future agricultural land use in the adjacent lands in light of site being within a Community Development Foundation Component.

Bouris Ranch, located to the west of the site a cross from Zeiders Road, was considered a protected agricultural preserve under the Williamson Ac t and therefore would not be converted to non- agricultural use. Lastly, it was indicated that the project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, to non-agricultural use, as the site did not have the said designations. Overall, impacts pertaining to ag ricultural and forestry re sources were less than significant or no impacts would result. No mitigation measures we re identified, as none were required.

Consistency Evaluation
Would the Project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
The project site is not designated as Prime Farm land, Unique Farmland, or Farmland of Statewide Importance in the State Farmland Mapping and Monitoring Program. While the Project would Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 571
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S COTT ROAD COMMERCE CENTER PHASE II PROJECT 4-9
convert the undeveloped land to non-agricultural us e, no farming activities currently occur on the site and dryland farming has be en discontinued. The site has been mass graded and would not currently accommodate farming. Therefore, no new impacts pertaining to conversion of farmland to non-agricultural use would occur with implementation of the proposed Project, similar to the approved Project, and no mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? The Project is substantially the same as was previo usly proposed with the exception of a reduction in the overall square footage and number of buildings. No substantial changes beyond what was analyzed pertaining to conversion of farmland to non-agricultural use have occurred that would result in new or increased impacts or require mi tigation. Therefore, the Project would not require major revisions to the Certified FEIR.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The proposed Project is development of the same site as the site analyzed in the Certified FEIR with similar land uses but reduced square footage and number of buildings. No changes in Project context or circumstances beyond what was anticipated and analyzed in the Certified FEIR have occurred that would result in new or more severe impacts pertaining to conversion of farmland to non-agricultural use. Thus, no major revisions to the Certified FEIR are required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
The Project results in a reduction of square footage and number of buildings. No new information has become available that was not known before that would change the findings of the previous analyses or render the significant impacts pertaining to co nversion of farmland to non-agricultural use more severe. Therefore, the proposed changes would not result in new or more severe impacts requiring major revisions to the Certified FEIR or mitigation.
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
The project site is not zoned for agricultural use and is not under a Williamson Act contract.

Therefore, the Project would not conflict with exis ting zoning for agricultural use, or a Williamson Act contract. Implementation of the Project would not result in a new impact that was not previously identified in the Certified FEIR, and no new mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? The Project is substantially the same as was previo usly proposed with the exception of a reduction in square footage and number of buildings. As indi cated above, the site is not zoned for agricultural use, and no substantial changes beyond what was anal yzed pertaining to existing zoning of the site or a Williamson Act contract have occurred that wo uld result in a new or more severe impact or require mitigation. Therefore, the Project would not require major revisions to the Certified FEIR.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 572
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4-10 S COTT ROAD COMMERCE CENTER PHASE II PROJECT
Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The proposed Project is the development of the same land use that was analyzed in the Certified FEIR within the same site with the exception of a reduction in square footage and number of buildings. No changes in Project context or circumstances bey ond what was anticipated and analyzed in the Certified FEIR have occurred that would result in new or more severe impacts pertaining to existing zoning of the site or a Williamson Act contract. Thus, no major revisions of the Certified FEIR are required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
No new information has become available that was not known before that would change the findings of the previous analyses or result in more severe im pacts pertaining to existing zoning of the site or a Williamson Act contract. Therefore, the proposed changes would not result in new or more severe impacts requiring major revisions to the Certified FEIR or new mitigation. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220[g]), timberla nd (as defined by Pu blic Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104[g])?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
At the time Certified FEIR was prepared, the CEQA checklist did not include questions pertaining to forest land or timberland. The Project would not resu lt in any impacts to forest land or timberland.

The project site was previously used for farming; ho wever, it has never been used as forest land (as defined in Public Resources Code Section 1222(g)) or timberland (as defined in Public Resources Code Section 4526) nor is it adjacent to such land s. The site has been mass graded and is currently undeveloped. Therefore, the Project would not conflict with existing zoning for, or cause rezoning of, forest land or timberland. Implementation of the Project would not result in a new impact, and no mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? The Project is substantially the same as was previo usly proposed with the exception of a reduction in square footage and number of buildings. As discussed above, the site is not zoned for forest land or timberland, and no substantial changes beyond what was analyzed pertaining to zoning of the site have occurred that would result in a new or more severe impact or require mitigation. Therefore, the Project would not require major revisions to the Certified FEIR.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The proposed Project involves development of three buildings with light industrial and office uses.

As indicated above, the site is not zoned for fore st land or timberland. No circumstances around which have changed such that would result in new or more severe impacts. Thus, no major revisions to the Certified FEIR are required.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 573
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New information (which was not known and could not have been known at the time the EIR was certified) available?
As noted above, the evaluation of forest land and timberland was not required at the time the Certified FEIR was prepared. However, there are no such lands on the project site or immediately adjacent to the site. No new information has become available that was not known before that would change the findings of the previous analyses or resu lt in more severe impact s pertaining to conflict with the existing zoning or result in rezoning of forest land or timberland. Therefore, no new information that was not known before has become available that would result in new or more severe impacts requiring major revisions to the Certified FEIR or new mitigation. d) Result in the loss of forest land or conversion of forest land to non-forest use? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
As discussed above, the project si te has been graded and is current ly undeveloped. The site is not considered forest land, and it would not convert forest land to non-forest use. Implementation of the Project would not result in a new impact, and no mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? The Project is substantially the same as was previo usly proposed in the Certified FEIR with the exception of a reduction in square footage and number of buildings. As indicated above, the site is not zoned for forest land, and no substantial chan ges would occur that would result in significant impact or more severe impact re quiring mitigation. Therefore, the Project would not require major revisions to the Certified FEIR.

As indicated above, the site is not zoned for forest land, and no chan ges to the context and circumstances of the Project have occurred that woul d result in new or more severe impacts. Thus, no major revisions to the Certified FEIR are required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
No new information has become available that wa s not known before that would result in more severe impacts pertaining to conversion of fore st land to non-forest use. Therefore, no new information that was not known before has become available that would result in new or more severe impacts requiring major revisions to the Certified FEIR or new mitigation.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 574
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e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
As identified in the above discussions, the project site is not designated as Prime Farmland, Unique Farmland, or Farmland of Statewid e Importance. Additionally, the site is not designated as forest land. The Project involves development of three buildings with light industrial and office uses and no changes have occurred that would c onvert farmland to non-agricultural use or forest land to non- forest land. Implementation of the Project would not result in a new impact, and no mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? As indicated in all the above discussion, the Proj ect is substantially the same as was previously proposed. No substantial changes beyond what was analyzed have occurred that would result in a significant impact or more severe impact regarding changes to farm land and forest land. Therefore, the Project would not require major revisions to the Certified FEIR.

As indicated above, the site is not zoned for farmla nd or forest land, and no changes to the context and circumstances of the Project have occurred that would result in new or more severe impacts.

Thus, no major revisions of the Certified FEIR a are required.

AIR QUALITY
Certified FEIR
The Project site is located within the South Coast Air Basin (SoCAB), which is under the jurisdiction of the South Coast Air Quality Management Distri ct (SCAQMD). The SCAQMD maintains monitoring stations throughout the air basin. For existing ai r quality emissions, the Ce rtified FEIR determined that carbon monoxide (CO) emissions near the 10 intersections analyzed in the Certified FEIR did not exceed the national or State 1-hour and 8-hour ambient air quality standards (AAQS) at 25, 50, or 100 feet from the roadways, and as such, sensit ive receptors in close proximity to these 10 intersections would not be exposed to substant ial pollutant concentrations under existing conditions.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 575
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At the time the Certified FEIR was certified in 2009, SCAQMD’s 2007 Air Quality Management Plan (AQMP) was the applicable plan. The Certified FEIR stated that the approved Project was consistent with the AQMP because the Project was consistent with the projections of employment and population forecasts identified by the SCAG. A dditionally, the Certified FEIR determined that implementation of the approved Project, which would result in the development of 827,777 square- feet of building space and would create 761 jobs in unincorporated Riverside County, would be consistent with the goals of the City General Plan as well as the AQMP in minimizing VMT within the community in which the project is located, consequently resulting in the minimization of air pollutant emissions. Based on the information presented, the approved Project was determined to not impair implementation of the AQMP, and this impact was deemed less than significant.

Peak regional construction emissions calculated fo r the approved Project exceeded the SCAQMD’s mass daily regional thresholds for Reactive Organic Gases (ROG), Nitrogen oxides (NOx), Particulate Matter of 10 microns or less (PM10), and Particulate Matter of 2.5 microns or less (PM 2.5). For localized construction emissions, Nitrogen dioxide exposure (NO 2) and PM10 exceeded the
applicable Localized Significance Thresholds (LSTs), and CO and PM2.5 emissions were determined to be less than the LSTs. Mitigation Measures IV.D -1 through IV.D-5 were re quired for the Project.

These included measures such as compliance with SCAQMD’s Rule 402 and 403, use of aqueous diesel fuel during site grading and application of asphal t surfaces. Additionally, a ll architectural coatings were required to use paints with a VOC rating of 75 grams per gallon or less. However, even with implementation of mitigation measures, regional and localized construction emissions were determined to constitute a significant and unavoi dable impact. For operational air quality impacts, the approved Project would not exceed the esta blished threshold levels for volatile organic compounds (VOCs), sulfur oxides (SO x), PM10, and PM2.5. However, the approved Project would exceed operational threshold levels for CO and NO x during the summer (s mog season). Localized operational air pollutant emissions were determined to have less than significant impacts. Local CO concentrations during operation of the Project were determined to be less than significant, and as such, the Project would not expose sensitive rece ptors to substantial pollutant concentrations.

Cumulative impacts for the Project resulted in less than significant impacts for construction and operations.

The Certified FEIR determined that development of the approved Project would be consistent with the land use designation for the Project site in th e Sun City/Menifee Valley Area Plan. Furthermore, because areas beyond the immediate project vicini ty are either designated as Light Industrial, Commercial Retail, or Estate Dens ity Residential (establishes a tw o acre minimum parcel size per single-family detached residence), implementati on of the Project was not expected to create objectionable odors affecting a substantial number of people. Therefore, impacts related to odors was deemed less than significant.

Consistency Evaluation
This section is based upon the Air Quality and Greenhouse Gas Emissions Consistency Evaluation for the Scott Road Commerce Center Phase II Project th e City of Menifee, California (Air Quality/GHG Emissions Memorandum), provided in Attachment A.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 576
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Would the Project:
a) Conflict with or obstruct implementation of the applicable air quality plan? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
The SCAQMD develops rules and regulations, esta blishes permitting requirements for stationary sources, inspects emissions sources, and enforces such measures through educational programs or fines, when necessary. It is dire ctly responsible for reducing emi ssions from stationary (area and point), mobile, and indirect sources and has prepar ed an Air Quality Management Plan (AQMP) that establishes a program of rules and regulations directed at attaining the National Ambient Air Quality Standards (NAAQS) and California Ambient Air Qual ity Standards (CAAQS). The main purpose of an AQMP is to bring an area into compliance with the requirements of federal and State air quality standards. For a project to be consistent with the AQMP, the pollutants emitted from the project should not (1) exceed the SCAQMD CEQA air quality significance thresholds or (2) conflict with or exceed the assumptions in the AQMP.

The SCAQMD has established quantitative thresh olds for short-term (construction) emissions and long-term (operational) emissions for the followi ng criteria pollutants: ozone, carbon monoxide, nitrogen oxides, sulfur dioxide, and particulate matter 10 and 2.5 microns. The characteristics and health effects of these criteria pollutants are described below:
 Ozone (O
3) is a nearly colorless gas that is formed by photochemical reaction (when nitrogen dioxide is broken down by sunlight). Ground-level O 3 exposure can cause a variety of health problems, including: lung irritation, wheezing, coughing, pain when taking a deep breath, and breathing difficulties during exercise or outdoor activities; permanent lung damage; aggravated asthma; and increased susceptibility to respiratory illnesses.  Carbon monoxide (CO) is a colorless and odorless toxic gas which, in the urban environment, is associated primarily with the incomplete co mbustion of fossil fuels in motor vehicles. CO combines with hemoglobin in the bloodstream and reduces the amount of oxygen that can be circulated through the body. High CO concentrat ions can lead to headaches, aggravation of cardiovascular disease, and impairment of central nervous system functions.  Nitrogen oxides (NO x) are yellowish-brown gases, which at high levels can cause breathing difficulties. NO x are formed when nitric oxide (a pollutant from internal combustion processes) combines with oxygen.
 Sulfur dioxide (SO2) is a colorless, pungent gas formed primarily by the combustion of sulfur- containing fossil fuels. Health effects include acute respiratory symptoms and difficulty in breathing for children.
 Particulate Matter 10 (PM 10) and Particulate Matter 2.5 (PM 2.5) refer to particulate matter less than ten microns and two and one-half microns in diameter, respectively. Particulates of this size cause a greater health risk than larg er-sized particles since fine particles can more easily cause irritation. Particulate matter inclu des both aerosols and solid particles. An example of particulate matter is fugitive dust. Short-term exposure to high PM

2.5 levels is
associated with premature mortality and increased hospital admissions and emergency room visits. Long-term exposure to high PM 2.5 levels is associated with premature mortality and development of chronic respiratory dise ase. Short-term exposure to high PM 10 levels is associated with hospital admissions for card iopulmonary diseases, increased respiratory symptoms, and possible premature mortality.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 577
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The SCAQMD’s established regional air quality signif icance thresholds are listed in Table 3, South Coast Air Quality Management Dist rict Air Quality Significance Th resholds. These thresholds were also used in the Certified FEIR.

TABLE 3

SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT AIR

QUALITY SIGNIFICANCE THRESHOLDS
Mass Daily Thresholds (lbs/day)
Pollutant Construction Operation
VOC 75 55
NOX 100 55
CO 550 550
PM10 150 150
PM2.5 55 55
SOX 150 150
Lead 3 3
lbs/day: pounds per day; VOC: volatile organic compound; NO X: nitrogen oxides; CO: carbon monoxide; PM10: respirable particulate matter 10 microns or less in diameter; PM 2.5: fine particulate matter 2.5 microns or less in diameter; SOX: sulfur oxides.

Source: SCAQMD 2019.

The analysis estimated project emissions usin g the California Emissions Estimator Model (CalEEMod) version 2020.4.0 computer program (CAPCOA 2021). CalEEMod models construction and operational emissions for land development proj ects and allows for the input of project- and County-specific information. Th e CalEEMod input for construction emissions uses the modified Project’s construction assumptions and default as sumptions derived from CalEEMod. Construction staging would be located on the site. The analysis us ed the vehicle trip generation rate provided by the traffic engineer (Psomas 2021) and the building area to characterize operations phase emissions.

With respect to the first criterion of conformance with the AQMP, the analyses prepared in response to Thresholds (b) and (c) below demonstrate that the Project would not generate short-term or long- term emissions of criteria pollutants that could po tentially cause an increase in the frequency or severity of existing air quality violations, cause or contribute to new violations, or delay timely attainment of air quality standards beyond thos e impacts considered in the Certified FEIR. The reduction in overall square footage and trips would potentially result in an incremental decrease in construction and operational emissions as compared to the emissions estimated for the approved Project. Another factor that would further reduce the emissions compared to the previous analysis is the Project would use cleaner and newer off-road equipment than what was commercially available during preparation of the Certified FEIR. With resp ect to the second criterion, the modified Project would also not conflict with or obstruct im plementation of the SCAQMD’s AQMP, because development of the modified Project is consistent with the “Light Industrial” land use designation in the Sun City/Menifee Valley Area Plan of the City’s General Plan for the Project site and consistent with the previously approved use at the site. Since SCAG’s regional growth forecasts are based upon, among other things, land uses specified in City and County General Plans, the modified Project would also not conflict with the SCAG’s regional forecast projections. Therefore, the modified project would also be consistent with the AQMP growth projections.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 578
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4-16 S COTT ROAD COMMERCE CENTER PHASE II PROJECT
Substantial changes proposed in Project, which will require major revisions to the EIR? The modified Project has not significantly changed since it was analyzed in the Certified FEIR. The Project reduces square footage of office and indust rial uses and subsequently, the associated trips; this would also reduce the air pollutant emissions for construction and operation of the Project. The reduction in square footage would also be within the anticipated growth accounted for in the General Plan projections, which forms the basis of the AQMP. No changes above and beyond what was analyzed in the Certified FEIR are proposed that would result in new or more severe impacts pertaining to obstruction of AQMP implementation. Thus, major revisions of the Certified FEIR are not required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The advancement of technology and adoption of St ate programs, standards, and regulations have reduced air pollutant emissions from short-te rm (construction) and long-term (operational) activities, and therefore, construction and operation of the Project would emit less criteria pollutants than previously assumed. No changes in Proj ect context or circumstances beyond what was anticipated and analyzed in the Certified FEIR have occurred that would result in new or more severe impacts pertaining to implementa tion of the applicable AQMP. Thus, no major revisions of the Certified FEIR or new mitigation are required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information, which was not known and could not have been known at the time the EIR was certified, that would change the findings of the previous analyses or render impacts more severe. Improvements in the off-road equipment fleet over time and technological advances to clean vehicle emissions have reduced th e overall emissions associated with development compared to those analyzed in the Certified FEIR. The Project would not cause new or more severe impacts pertaining to obstruction of AQMP implementation.
b) Result in a cumulatively considerable net incr ease of any criteria pollutant for which the project region is non-attainment under an a pplicable federal or state ambient air quality standard?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
A project may have a significant impact where project-related emissions would exceed federal, State, or regional standards or thresholds, or wher e project-related emissions would substantially contribute to an existing or projected air quality violation. The Riverside County portion of the SoCAB is currently a nonattainment area for O 3, PM10, and PM2.5. It should be noted that, at the time of preparation of the Certified FEIR, the California Air Resources Board (CARB) had not adopted a State standard for PM2.5. CARB first designated areas for PM2.5 in 2003 for the State standards. The SoCAB was designated as nonattainment for PM2.5 in 20 03 and has retained its nonattainment status through the present day for the State standards (CARB 2019a). PM10 and O 3 have been designated as nonattainment from 1989 through the present day for the State standards (CARB 2019b, 2019c).

However, as discussed below, air quality has grea tly improved within the SoCAB since certification of the Certified FEIR.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 579
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S COTT ROAD COMMERCE CENTER PHASE II PROJECT 4-17
Short-term Construction-Related Impacts
Air pollutant emissions would occur from the foll owing activities: construction equipment exhaust; fugitive dust from site grading; exhaust from trucks hauling soil and materials and from vehicles trips by construction workers; and VOCs from painting and asphalt paving operations. The analysis incorporates construction rules such as SCAQMD Rule 403, Fugitive Dust, which requires watering of active grading areas, into the emissions calculations for the Project.

Construction Phase Emissions Thresholds
Table 4, Estimated Maximum Daily Regional C onstruction Emissions, presents the estimated maximum daily emissions during construction of the Project and compares the estimated emissions with the projected construction emissions of the Certified FEIR and the SCAQMD thresholds. The SCAQMD thresholds are provided in Table 4 for in formational purposes, to provide context for the magnitude of Project emissions compared to th e SCAQMD’s construction thresholds. Additionally, the modified Project emissions are compared to the total emissions of the Certified FEIR to determine if the modified Project is consistent with the findings of the Certified FEIR.

TABLE 4

ESTIMATED MAXIMUM DAILY REGIONAL CONSTRUCTION EMISSIONS Year
Emissions (lbs./day)
VOC NOX CO SOX PM10 PM2.5
2022 7 72 50 <1 15 8
2023 3 20 31 <1 6 2
2024 193 19 30 <1 5 2
Modified Project maximum
construction emissions 193 72 50 <1 15 8
Approved Project maximum
construction emissions* 447 427 172 <1 81 31
SCAQMD threshold for
construction 75 100 550 150 150 150
Does modified Project exceed
SCAQMD Thresholds? Yes No No No No No
Does approved Project exceed
SCAQMD Thresholds? Yes Yes No No Yes Yes
Are the findings for the
modified Project consistent
with the findings for the
approved Project?
Yes Yes Yes Yes Yes Yes
lbs./day: pounds per day; VOC: volatile organic compound; NO X: nitrogen oxides; CO: carbon monoxide; SO X:
sulfur oxides; PM10: respirable particulate matter 10 microns or less in diameter; PM2.5: fine particulate matter

2.5 microns or less in diameter; SCAQMD: South Coast Air Quality Management District * The Certified FEIR provided construction emission s for the total approved Project (Commerce Pointe Project); the construction emissions were not disaggregated per parcel. Thus, for purposes of a more accurate comparison of South Parcel maximu m emissions, this row includes 50 percent of the maximum emissions for the whole approved Project (Commerce Pointe Project).

Source: SCAQMD 2019 (thresholds); see Attachment A, Air Quality/GHG Emi ssions Memorandum for CalEEMod model outputs.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 580
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As shown in Table 4, modified Project construction mass daily emissions for NOx, CO, SOx, PM10, and PM2.5 would be less than the respective SCAQ MD thresholds and 50 percent of the emissions disclosed in Certified FEIR for th e respective criteria pollutants. However, consistent with the analysis in Certified FEIR, mass daily emissions for VOCs were found to exceed the respective SCAQMD threshold primarily due to the application of architectural coatings. Implementation of MM IV.D-5, which requires that all a rchitectural coatings used shall ha ve a VOC rating of 75 grams per liter or less, would reduce construction emissions, but not to a level considered less than significant for VOC. Despite the exceedance of the SCAQMD VOC threshold, the impacts identified for the modified Project would not be greater than those identified in Certified FEIR, and as such, the findings for the modified Project are consistent with the findings for the approved Project. As such, the modified Project would not create a new significant impact or a substantial increase in the severity of impacts previously identified in the Certified FEIR.

Cumulative Construction-Related Impacts
The Project site is located in the SoCAB, which is currently designated by the United States Environmental Protection Agency (USEPA) for fede ral standards as a nonattainment area for ozone and PM2.5 and by the CARB for the State standards as a nonattainment area for ozone, PM10, and PM2.5. The regional ozone, PM10, and PM2.5 emissi ons associated with construction of the Project are provided in Table 4, above, and demonstrate that development of the modified Project would have less emissions than what was previously assu med for Certified FEIR. Therefore, the modified Project would not create a new significant impact or a substantial increase i n t h e s e v e r i t y o f previously identified impacts.

Operational-Related Impacts
The following section provides an analysis of potential long-term air quality impacts to regional and local air quality with the long-term operation of the modified Project. The potential operations- related air pollutant emissions have been analyzed below for the regional and local criteria pollutant emissions.

Operational emissions include area, energy, and mobi le source emissions. The principal area source of VOC emissions associated with the Project woul d result from the use of consumer products; the major area source of CO emissions would be la ndscaping equipment. Area and energy source emissions are based on CalEEMod assumptions for th e specific land uses and size. Mobile source emissions are based on the Project’s Traffic Stud y, which found that the modified Project would generate 2,878 daily trips (Psomas 2021). Estimate d peak daily operational emissions are shown in Table 5, Peak Daily Operational Emissions.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 581
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TABLE 5

PEAK DAILY OPERATIONAL EMISSIONS
Source
Emissions (lbs./day)
VOC NOX CO SOX PM10 PM2.5
Area sources 12 <1 <1 <1 <1 <1
Energy sources <1 4 4 <1 <1 <1
Mobile sources 13 23 146 <1 41 11
Total modified Project
operational emissions* 26 28 150 <1 42 12
Approved Project operational
emissions** 26 31 281 <1 54 11
SCAQMD significance threshold for
operations 55 55 550 150 150 55
Does modified Project exceed
SCAQMD thresholds? No No No No No No
Does approved Project exceed
SCAQMD thresholds? No Yes Yes No No No
Are the findings for the
modified Project consistent
with the findings for the
approved Project?
Yes Yes Yes Yes Yes Yes
lbs./day: pounds per day; VOC: volatile organic compounds; NO X: nitrogen oxides; CO: carbon monoxide; SOx: sulfur oxides; PM10: respirable particulate matter 10 microns or less in diameter; PM2.5: fine particulate matter 2.5 microns or less in diameter; SCAQMD: South Coast Air Quality Management District * Some totals do not add due to rounding.

** The Certified FEIR provided the operational emissions for the total approved Project (Commerce Pointe Project);the emissions were not disaggregated per parc el. Thus, for purposes of a more a ccurate comparison of South Parcel maximum emissions, this row includes 50 percent of the maximum emissions for the whole approved Project (Commerce Pointe Project). This represents 50 percent of maximum operational emissions (i.e., summertime smog season emissions).

Note: See Attachment A, Air Quality/GHG Emi ssions Memorandum for CalEEMod model outputs.

Source: City of Menifee 2008 (for approved Project data).

As shown in Table 5, the Project’s operational emissions would be less than the SCAQMD CEQA significance thresholds for all criteria pollutants, and less than operational emissions for the Certified FEIR. The SCAQMD thresholds are provided in Table 5 for informational purposes, to provide context for the magnitude of emissions compared to the SCAQMD’s operational thresholds. The Certified FEIR identified that operational emissions exceed the significance thresholds established by the SCAQMD for NO
x and CO and would result in a significant and unavoidable impact. Operational emissions from the modified Project would not result in a substantial increase in magnitude of long- term emissions compared to that of approved Proj ect. and the modified project would not result in new impacts or require new mitigation.

Operational-Related Cumulative Impacts
In accordance with SCAQMD methodology, projects that do not exceed SCAQMD criteria or that can be mitigated to less than criteria levels are not si gnificant and do not add to the overall cumulative impact. The regional emissions created from the ongoing operations of the Project have been Item Title: 11.10
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calculated above in Table 5. The analysis included above found that development of the Project would result in less than significant regional emissions of CO, NO 2, SO 2, VOC and NO x, PM10, and PM2.5 during operation of the Project. With respect to long-term emissions, the modified Project would have a less than significant cumula tive impact. The modified Project would also be consistent with the performance standards identified for the approved Project.

The Certified FEIR determined that the approved Project would be consistent with the total population forecast in the AQMP. Therefore, the impact of the approved Project, in conjunction with other projected growth, would not be cumulatively considerable with respect to regional emissions.

Cumulative regional operational im pacts related were determined to be less than significant. The modified Project would entail less development as compared to the approved Project and would likewise be consistent with this finding, as emissions are less than the operational SCAQMD thresholds, the approved Project’s emissions, and the modified Project would be consistent with the total population forecast in the AQMP.

Cumulative Health Impacts
The SoCAB is designated as nonattainment for ozone, PM10, and PM2.5, which means that the background levels of those pollutants are, at times , higher than the ambient air quality standards.

The air quality standards were set to protect public health, including the health of sensitive individuals (the elderly, children, and the sick). Therefore, when the concentrations of those pollutants exceed the standard, it is likely that some sensitive individuals in the population would experience health effects. These health effects are not identified for specific individual receptors nor does the analysis identify the magnitude of health effects. The regional analysis detailed above found that the modified Project would not exceed the SCAQMD regional significance thresholds for VOC and NO
x, PM10, and PM2.5. As such, the Project would resu lt in a less than significant cumulative health impact.

The Project would not result in any new cumulati vely considerable emi ssions increases or new cumulative air quality impacts, nor would it result in an increase in the seve rity of any previously identified significant impacts compared to those identified in the Certified FEIR. Therefore, the impacts identified for the Project would not be greater than those identified in the Certified FEIR, and thus, the Project would not create a new impact or a substantial increase in the severity of previously identified effects.

Substantial changes proposed in Project, which will require major revisions to the EIR? The modified Project has not substantially changed from what was evaluated in the Certified FEIR, with the exception of a reduction in square footage of land uses and associated trip reduction which would reduce the density and intensity throughout the site, resulting in comparable or less emissions from construction and operation of the modified Project. No changes above and beyond what was analyzed in the Certified FEIR are proposed that would result in significant new or more severe impacts on cumulatively considerable criteria pollutant emissions that would require major revisions to the Certified FEIR.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
Overall, the advancement of technology and adoption of State programs, standards, and regulations, have reduced air pollutant emissi ons from short-term and long-term activities, and therefore, construction and operation of the Project would emit less criteria pollutants than previously Item Title: 11.10
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projected in the Certified FEIR. No changes in Pr oject context or circumstances beyond what was anticipated and analyzed in the Certified FEIR have occurred that would result in new or more severe impacts pertaining to cumulative ly considerable net increase of criteria pollutants for which the project region is non-attainment under an applicab le federal or State ambient air quality standard.

Thus, no major revisions of the Certified FEIR or new mitigation are required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
As discussed above, stricter regulations have been adopted that have resulted in improvements to both short-term and long-term operational emissi ons since the FEIR was certified. There are no mitigation measures or alternatives that were found infeasible at the time the FEIR was certified that now feasible and would substantia lly reduce the significant operat ion impacts associated with the Project. Therefore, no new information that was not known before is available that would change the findings of the previous analyses or render the significant impacts more severe. Therefore, there are no major revisions to Certified FEIR or new mitigation required. c) Expose sensitive receptors to substantial pollutant concentrations? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
Construction-Related Localized Impacts
Construction of the Project would not expose sens itive receptors to substantial concentrations of localized criteria pollutants or toxic air cont aminant (TAC) emissions created from on-site construction equipment, as described in more detail below.

Construction Phase Localized Significance Thresholds
In addition to the mass daily em issions thresholds established by the SCAQMD, the Project was evaluated for short-term local impacts to nearby sensitive receptors from on-site emissions of NO2, CO, PM10, and PM2.5, based on SCAQMD localized significance threshold (LST) methodology. To assess local air quality impacts for development projects without complex dispersion modeling, the SCAQMD developed screening (lookup) tables to assist lead agencies in evaluating impacts.

For the purposes of an LST analysis, the SCAQMD considers receptors where it is possible that an individual could remain for one hour or more for NO 2 and CO exposure and 24 hours or more for PM10 and PM2.5 exposure. The emi ssions limits in the lookup tables are based on the SCAQMD’s Ambient Air Quality Standards (SCAQMD 2016). The LST method was developed to provide a conservative estimate of the level of project-generated air pollutants that have the potential to exceed the NAAQS or CAAQS, which could consequently result in adverse health impacts. Exceedance of the LST does not describe the prevalence or magnitude of health effects, but rather assesses the potential for a project-related health effect to occur. The LST method cannot provide an estimate of health effects related to ozone. ROGs and NO x are pollutants that contribute to the formation of ozone, otherwise known as ozone precursors. It would be too speculative to determine how an individual project could affect the formation of ozone, and how it could affect the health for a specific receptor.

Ozone does not fully form within the proximity of a project site, and the formation of ozone is affected by solar irradiance, meteorological conditions, presence of ozone precursors from other sources, and other factors. As such, modeling of ozone concentrations is conducted on the “macro” scale of an air basin for all pollutant sources with in the basin, and not for an individual project. Consequently, the Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 584
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LST analysis focuses on a project- level analysis of the four criteria pollutants of greatest concern (CO, NOx, PM10, and PM2.5).

Per the SCAQMD, the thresholds shown in Table 6 are from the lookup tables for a site that is 4.5 acres, which is calculated based on the amount of certain construction equipment used for the most intensive construction phase. Therefore, the nearest sensitive receptors to the Project are residences located west the Project site boundary.

The analysis of local air quality impacts from construction of the Project shown in Table 6, Construction Phase Localized Significance Threshold Emissions , below, found that the construction of the Project would not exceed the local NOx, CO, PM10, and PM2.5 thresholds of significance. The Project’s maximum daily on-site emissions would occur during the site preparation and grading phase.

As shown in Table 6, the local emissions from the Project would be less than the screening thresholds.

This is consistent with the findings for the Certified FEIR. Therefore, the Project would not create a new significant impact or a substantial increase in the severity of previously identified effects.

TABLE 6

CONSTRUCTION PHASE

LOCALIZED SIGNIFICANCE THRESHOLD
Emissions and Thresholds
Emissions (lbs./day)
NOX CO PM10 PM2.5
Project maximum daily on-site emissions 72 49 15 8
Localized Significance Thresholds 297 2,219 40 10
Exceed threshold? No No No No
lbs./day: pounds per day; NOx: nitrogen oxides; CO: carbon monoxide; PM 10: respirable particulate matter 10 microns or less in diameter; PM2.5: fine particulate matter 2.5 microns or less in diameter Note: Data is for SCAQMD Source Receptor Area 24, Perris Va lley, at a distance of 190 feet (58 meters) for a site that is 4.5 acres.

Source: SCAQMD 2009 (thresholds).

Construction Toxic Air Contaminants Impacts
Construction activities would result in short-term, Project-generated emissions of diesel particulate matter (DPM) from the exhaust of off-road, heavy- duty diesel equipment used for site preparation (e.g., demolition, excavation, and grading), paving, building construction, and other miscellaneous activities. CARB identified DPM as a TAC in 1998. The dose to which receptors are exposed is the primary factor used to determine health risk. Dose is a function of the concentration of a substance or substances in the environment and the duration of exposure to the substance. Thus, the risks estimated for a maximally exposed individual (MEI) are higher if a fixed exposure occurs over a longer time period. According to the Office of En vironmental Health Hazard Assessment, health risk assessments—which determine the exposure of sensitive receptor s to TAC emissions—should be based on a 30-year exposure period for residentia l uses; however, such assessments should be limited to the period/duration of activities associated with the Project.

Relatively few pieces of off-ro ad, heavy-duty diesel equipment would be operated, and the total construction period would be relatively short when compared to a 30-year exposure period.

Combined with the highly dispersive properties of DPM from the approximately 200-foot separation distance between the Project site and the nearest residences, and additional reductions in particulate emissions from newer construction equipment, as required by USEPA and CARB regulations, Item Title: 11.10
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construction emissions of TACs would not expose sensitive receptors to substantial emissions of TACs. Therefore, the modified Project would not create a new significant im pact or a substantial increase in the severity of previously identified effects.

Operations-Related Localized Impacts
The following analyzes vehicular CO emissions, local criteria pollutant impacts from on-site operations, and toxic air contaminant impacts.

Local Carbon Monoxide Hotspot Impacts from Project-Generated Vehicle Trips CO is the pollutant of major concern along roadways because the most notable source of CO is motor vehicles. For this reason, CO concentrations are us ually indicative of the lo cal air quality generated by a roadway network and are used as an indicator of potential local air qu ality impacts. Local air quality impacts can be assessed by comparing future without and with project CO levels to the State and federal CO standards of 20 parts per million (ppm) over 1 hour or 9 ppm over 8 hours. These CO standards represent the lowest concentration that the federal and State governments consider necessary to protect the health of the public. Exceedance of these standards does not convey information on the severity of the health effect.

The Certified FEIR analyzed the local impacts of am bient CO levels in the vi cinity of the approved Project site using a simplified CALINE4 screening procedure. CO concentrations were modeled at study intersections near the Project Site. The Cert ified FEIR determined that the approved Project would not cause a significant adverse impact to local CO concentrations.

At the time of the 1993 Handbook, the SoCAB wa s designated nonattainment under the CAAQS and NAAQS for CO. With the turnover of older vehicles, introduction of cleaner fuels, and implementation of control technology on industrial facilities, CO concentrations in the SoCAB and in the State have steadily declined. In 2007, the SoCAB was designated in attainment for CO under both the CAAQS and NAAQS. SCAQMD conducted a CO hots pot analysis for attainment at the busiest intersections in Los Angeles during the peak mornin g and afternoon periods with approximately 100,000 vehicles per day within the 2003 AQMP and did not predict a vi olation of CO standards. Since the intersections near the Project have less traffic and lower rates of CO emissions than those analyzed by the SCAQMD, no local CO hotspots are anticipated to be created from the Project and no CO hotspot modeling was performed. Additionally, the modified Project woul d result in less daily trips than the approved Project. Therefore, a less than significant long -term air quality impact to local air quality is anticipated with the ongoing operation of the Project.

As discussed above, no local CO hotspots are anti cipated to be created at any nearby intersections from the vehicle traffic generated by the Project, and the Certified FEIR determined that the approved Project would not cause a significant adverse impact on local CO concentrations. Therefore, operation of the Project would also result in a less than sign ificant exposure of off-site sensitive receptors to substantial pollutant concentrations. The Project would not create a new significant impact or a substantial increase in the severity of previously identified effects.

Operational Toxic Air Contaminant Impacts
PM from diesel exhaust is the predominant TAC in most areas and according to The California Almanac of Emissions and Air Quality 2013 Edition , prepared by CARB, about 80 percent of the outdoor TAC cancer risk is from diesel exhaust. So me chemicals in diesel exhaust, such as benzene Item Title: 11.10
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and formaldehyde, have been listed as carcino gens by State Proposition 65 and the Federal Hazardous Air Pollutants program.

A health risk assessment was prepared for the ap proved Project and was in cluded in the Certified FEIR. The health risk assessment was prepared to address health risk from heavy duty diesel vehicles during operation of the approved Project. The SC AQMD CEQA guidelines specify that a project is significant if it exposes sensitive receptors to su bstantial pollutant concentrations, including those resulting in a cancer risk greater than or equal to 10 in a million; and/or a Hazard Index (HI) (non- cancer effects) greater than or equal to 1.0. The inhalation cancer risk at the maximum exposed receptor for the approved Proj ect was calculated to be below the SCAQMD CEQA significance threshold of 10 in a million. In addition, the chronic non-cancer HI at the maximum exposed sensitive receptor was calculated to be belo w the SCAQMD CEQA significance th reshold of 1.0. The results of the health risk assessment indicated that cancer risks and noncancer health effects would be below the SCAQMD’s significance thresholds. The modified Project would generate less trips in the South Parcel (i.e., the modified Project), based on the traffic analysis conducted for the modified Project, as compared to the approved Project, and would mainta in the same industrial uses as assumed for the approved Project. In addition, since certification of the Certified FEIR in 2009, the turnover of older vehicles, introduction of cleaner fuels, and stricter diesel regulations would contribute to less TACs than previously analyzed. As such, operation of the modified Project would also result in a less than significant exposure of sensitiv e receptors to substantial pollutant concentrations. The impacts identified for the Project would not be greater than those identified in the Certified FEIR for the Project site; therefore, the Project would not create a new significant impact or a substantial increase in the severity of previously identified effects.

Substantial changes proposed in Project, which will require major revisions to the EIR? The modified Project has not significantly changed, with the exception of a reduction in the square footage of development within the South Parcel, which would result in reduced trips when compared to the approved Project. No changes above and beyond what was analyzed in the Certified FEIR would result in significant new or more severe impacts on sensitive rece ptors requiring mitigation. Thus, major revisions of the Certified FEIR are not required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
Overall, the advancement of technology and adoption of State programs, standards, and regulations, have reduced air pollutant emissions from constr uction and operational activities, and therefore, construction and operation of the Project would emit less criteria pollutants than previously projected. No changes in Project context or circumstances beyond what was anticipated and analyzed in the Certified FEIR have occurre d that would result in new or mo re severe impact s pertaining to sensitive receptors. Thus, no major revisions of the Certified FEIR or new mitigation are required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
No new information that was not known before pertaining to sensitive receptors is available that would change the findings of the previous analyses or render the signific ant impacts more severe.

Therefore, the proposed changes would not result in new or more severe impacts requiring major revisions to Certified FEIR or new mitigation.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 587
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d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
The Certified FEIR determined that although oper ation of the approved Project would include some light manufacturing, no processing would occur. As such, objectionable odors were not anticipated to be created by operation of the approved Project. In addition, the project is located in an area that is designated for Light Industrial land use in th e Sun City/Menifee Valley Area Plan of the City’s General Plan. According to the Sun City/Menifee Valley Area Plan, uses within Light Industrial areas include warehousing/distribution, assembly and light manufactur ing, repair facilities, and supporting retail uses. Development of the approved Project was deemed to be consistent with the land use designation for the Project site in the Sun City/Menifee Valley Area Plan. Furthermore, because areas beyond the immediate Project vicinity were either designated as Light Industrial, Commercial Retail, or Estate Density Residential (establishes a two-acre minimum parcel size per single-family detached residence), implementation of the approved Project was not expected to create objectionable odors affecting a substantial nu mber of people. Consistent with the approved Project, the modified Project prop oses the same land use, and as such, would not result in other emissions (such as those leading to odors) that would adversely affect a substantial number of people. Furthermore, according to the SCAQMD’s CEQA Air Quality Handbook, land uses associated with odor complaints typically include agricult ural uses, wastewater treatment plants, food processing plants, chemical plants, composting, re fineries, landfills, dairie s, and fiberglass molding (SCAQMD 1993). The modified Project does not include any uses identified by the SCAQMD as being associated with odors and, therefore, would not produce objectionable odors, consistent with the Certified FEIR. The modified Project uses are also regulated from nuisance odors or other objectionable emissions by SCAQMD Rule 402. Rule 402 prohibits an y discharge from any source of air contaminants or other material which would ca use injury, detriment, nuisance, or annoyance to people or the public. Therefore, the proposed ch anges would not result in new or more severe impacts requiring major revisions to Certified FEIR or new mitigation.

Substantial changes proposed in Project, which will require Major revisions to the EIR? The modified Project has not significantly change d with the exception of a reduction of square footage and associated trips. No changes above and beyond what was analyzed in the Certified FEIR are proposed that would result in significant new or more severe impacts that would result in other emissions leading to odors that would adversely af fect a substantial number of people, requiring mitigation. Thus, major revisions to the Certified FEIR are not required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
Generation of odors affecting a substantial number of people is not identified as an impact associated with the approved Project. No other changes in Project context or circumstances beyond what was anticipated and analyzed in the Certified FEIR have occurred that would result in new or more severe impacts that would result in odor causing emission s affecting a substantial number of people. Thus, no major revisions of the Certified FEIR or new mitigation are required.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 588
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New information (which was not known and could not have been known at the time the EIR was certified) available?
No new information that was not known before is available that would change the findings of the previous analyses or render the significant impacts more severe. Therefore, the proposed changes would not result in new or more severe impacts re quiring major revisions to the Certified FEIR or new mitigation.

BIOLOGICAL RESOURCES
Certified FEIR
The Certified FEIR found that th e Project site supported the fo llowing vegetation communities:
disturbed, ruderal, non-native grassland, agric ultural, developed, ornamental, riparian scrub, Mexican elderberry scrub, coast live oak wood land, and buckwheat scrub. The higher quality vegetation communities (i.e., riparian scrub, Mexican elderberry scrub, and mulefat scrub) were located along jurisdictional features on the sout hern site; buckwheat scrub was located only on the northern site. The Certified FEIR concluded that the trees and shrubs provided suitable nesting habitat for birds protected by the Migratory Bird Treaty Act and California Fish and Game Code and could be affected by the Project; therefore, pre-construction nesting bird surveys were required if vegetation clearing was conducted during the breeding season.

The Certified FEIR also described the results of a jurisdictional delineation conducted in April 2006. The delineation described three drainages in the southern site (inc luding an additional right-of-way [ROW] area) that totaled 0.30-acre of potentially jurisdictiona l waters of the U.S. regulated by the USACE and 1.13 acre of stream bed regulated by the CDFW. The main drainage occurred along a north-flowing bl ue-line stream as shown on the USGS quadrangle; the stream had been historically modified and disturbed by agriculture and adjacent development. The entire existing riparian habitat on the southern parcel would be impacted by the Project, either temporarily or permanently, as a result of the Project. The Project included creation of a 0.378- acre mitigation channel that would be included in the 4.045-acre open space area. The Certified FEIR required that a Detailed Mitigation Plan would be prepared and regulatory permits would be obtained from the USACE, CDFW, and RWQCB.

The Certified FEIR stated that the southern site was assessed for riparian/riverine and vernal pool habitats in October 2005 and February 2006, as required by the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP). No vernal pools, depressions, or other wetland features were observed. A total of 1.03 acre of riparian/riverine habita t was mapped in three cells on the southern site. RR-Cell No. 1 (0.11 acre) was located at the southern end of the drainage along the southern boundary ; it consisted of coast live oak ( Quercus agrifolia) with a low-density shrub understory of blue [Mexican] elderberry ( Sambucus nigra ssp. caerulea [S. mexicana]), annual [common] sunflower ( Helianthus annuus ) and non-native grasses. RR-Cell No. 2 (0.21 acre) was located along the southern portion of the drainage; it was disturbed by discing and comprised of non-native invasive species such as common castor bean ( Ricinus communis) and Wright’s jimson weed ( Datura wrightii). RR-Cell No. 3 (0.71 acre) was located along the northern portion of the drainage; it co nsisted of coast live oak with a high-density shrub layer of willow (Salix spp.), mule fat (Baccharis salicifolia ssp. salicifolia), blue elderberry, annual sunflower, giant wild-rye (Elymus [Leymus] condensatus), and non-natives such as black mustard ( Brassica nigra ). The Certified FEIR determined th at no sensitive species associated Item Title: 11.10
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with riparian/riverine or vernal pool habitats were present on the Project site. Of the 1.03 acre of riparian/riverine habitat, the Certified FE IR found that 0.31 acre would be permanently impacted; the remainder would be avoided, enha nced, or conserved. The Project Applicant prepared a Determination of Biologically Eq uivalent or Superior Preservation (DBESP) to discuss why avoidance of the riparian/riverine areas was not possible and to describe the habitat compensation that would be biologically equivalent or superior to the current condition. The compensatory mitigation proposed to re-align the stream channel, and preserve it as open space along the eastern boundary. A total of a 0.378-acre mitigation channel would be created in the

4.045-acre open space area. The DBESP found that the mitigation concept would provide superior quality habitat than existed on the si te pre-project. The Ce rtified FEIR included a mitigation measure that required County approval of the DBESP. The DBESP was completed by Teracor, dated September 15, 2008.

The Certified FEIR identified a total of 14 oak trees on the southern site; the majority of the trees were located near the intermittent drainage in the eastern portion of the parcel, but some were also located along the southern boundary. The Certified FEIR stated that the project site supported 0.30 acre of oak woodland habitat in the southern site. The woodland habitat was determined to be limited and consisted of small, fragmented groups of a few trees, many of which had been damaged by past site activities. Therefore, the Certified FEIR found that the loss of oak woodland habitat was not considered to be a substantial effect. Seven of the oaks along Drainage A were planned to be preserved and the Certif ied FEIR required protec tive fencing and other measures to protect the trees during construction. Oaks planned to be removed were proposed to be replaced at a 5:1 ratio for mature trees an d a 2:1 ratio for juvenile or resprouting trees, totaling 49 coast live oak saplings to be loca ted within the open space. The Certified FEIR required an Oak Replacement Plan to be approved by the City prior to impacts.

The Certified FEIR found that no federal or state-listed endangered or threatened species had the potential to occur onsite, as determined du ring the MSHCP-required surveys or based on a review of listed species not covered by the MSHCP.

The Certified FEIR found that the Project site supported potential habi tat for burrowing owls, but that burrowing owl did not currently occupy the site. Focused burrowing owl surveys were conducted in August 2006 in the southern site. Suitable burrows were observed, a small amount of whitewash, and a single feather were observed on a boulder in the agricultural field located in the southern site; however, no sign of occupation was observed near suitable burrows. One avian pellet consistent with burrowing owl was also obse rved on the northern site; however, no sign of occupation was observed near suitable burrows. Therefore, because no burrowing owl were observed during the protocol focused surveys, burrowing owl was determined not to occupy the Project site. Per Western Riverside MSHCP guidelines, a pre-construction burrowing owl survey is required prior to construction activities.

The Certified FEIR found that per the Western Riverside MSHCP, the potential for the following Narrow Endemic Plant Species needed to be evalua ted for the Project site: many-stemmed dudleya (Dudleya multicaulis), California Orcutt grass (Orcuttia californica), spreading navarretia (Navarretia fossalis), San Diego ambrosia ( Ambrosia pumila ), Munz’s onion ( Allium munzii ), and Wright’s trichocoronis ( Trichocoronis wrightii var. wrightii). The Certified FEIR found that none of these species were expected to occur on the Project site due to lack of suitable habitat (e.g., vernal pools or wetlands), the heavily disturbed nature of the site due to agricultural activities, or because they were not observed during focused surveys conducted in April and June 2006.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 590
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Subsequent Approvals and Permits
The USACE issued a Nationwide Permit (NWP) on November 30, 2009 that allowed 0.28 acre of permanent impacts and 0.02 acre of temporary im pacts associated with the Project (including both the northern and southern sites). The NWP references a Draft Mitigation Plan describing

0.114 acre of preservation, 0.38 acre of establishment, and 0.37 acre of enhancement. The permit noted that no work would be authorized until th e Final Habitat Mitigation and Monitoring Plan (HMMP) was submitted, and that the HMMP must be implemented within 60 days of the initiation of work within waters of the U.S. Th e permit required a Conservation Easement to be recorded over the mitigation site to protect it as open space. The permit also required that the Project Applicant purchase 0.075 acre of miti gation credits from the Santa Ana Watershed Association. During construction activities, the permit required that the preserved riparian habitat be clearly flagged for avoidance.

The CDFW issued a St reambed Alteration Agreement (SAA) on June 30, 2009 that allowed permanent impacts to 0.45 acre of streambed an d 0.07 acre of temporary impacts associated with the Project (including both the northern and southern sites). The SAA required that a HMMP be prepared and submitted to CDFW prior to the in itiation of Project activities in jurisdictional areas and that must be implemented within 120 days of impacts to jurisdictional areas. The SAA describes mitigation that included 2.548 acres of open space in the southern portion of the Project where an 0.38-acre mitigation channel would be constructed. The mitigation for the 0.52- acre of impact included enhancement and restoration of the existing riparian and upland habitat within the 2.548-acre open space area. It would also include planting five coast live oak trees for every riparian coast live oak tree removed (i.e ., replacement at a 5:1 ratio). The SAA required fencing and signage to exclude the public from the open space area; the only access allowed is to conduct habitat maintenance. The SAA required that a deed restriction be placed over the 2.548- acre open space area. The SAA included standard Best Management Practices (BMPs) to protect water quality, pre-construction surveys for nestin g birds, flagging the limits of grading, and biological monitoring during construction. It also required focused surveys for burrowing owl.

Additionally, the SAA recommends the use of nati ve plants for landscaping proposed near the open space area and prohibits the use of invasive non-native plants within 100 feet of open space and 150 feet of the riparian mitigation site. The SAA also requires that no night lighting affect the jurisdictional areas and that a biologist review lighting and fencing adjacent to jurisdictional areas. The SAA specifically notes that it does no t infer that the Project is consistent with the Western Riverside MSHCP. However, as noted above, the Certified FEIR included a mitigation measure that required County approval of a DBESP.

The RWQCB issued a 401 Water Quality Certification on July 22, 2009 that allowed for 0.30 acre of permanent impacts along 4,200 linear feet of ephemeral drainages (including both the northern and southern sites). The certification required BMPs used consistent with the Stormwater Pollution Prevention Plan (SWPPP) and Water Quality Management Plan (WQMP).

It also described a drainage channel that would be constructed and vegetated with coast live oak trees; flow would be controlled by a splitter st ructure. The certification required that the easement over the drainage would require the design flow rate to be maintained; it cannot be eliminated or altered because it must sustai n the vegetation along the channel. Routine maintenance would be allowed to remove obstructions along the channel. The certification required that the mitigation channel be constructed concurrent with grading any portion of the Project and must be ready to accept flows upon completion of the storm drain system. The certification does not list an expiration date.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 591
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Existing Condition (July 2021)
Psomas Senior Biologist, Amber Heredia visited the Project site on July 27, 2021. The purpose of the site visit was to evaluate current conditions on the southern site.

The Project site currently consists of a previous ly mass graded lot with temporary water catchment basins and soil spoils piles. Vegetation across the project site consists of ruderal (weedy) species such as Russian thistle ( Salsola tragus), annual sunflower, American deervetch ( Acmispon americanus ), telegraph weed (Heterotheca grandiflora), Wright’s jimsonweed, black mustard, brittlebush (Encelia farinosa), white horse-nettle ( Solanum elaeagnifolium ), and non-native grasses ( Bromus sp.).

Vegetation appears to be regula rly mowed based on the small stat ure and scattered nature of individual plants observed.

The eastern and southern edges of the project site consist of what appears to be a mitigation area, ranging from 5 to 20 feet wide, planted with a diverse mix of coastal sage scrub species. These species include California buckwheat (Eriogonum fasciculatum), California sagebrush (Artemisia californica), California goldenbush ( Isocoma menziesii ), white sage ( Salvia apiana ), tarragon ( Artemisia dracunculus), laurel sumac ( Malosma laurina ), and blue elderberry. These areas are fenced with signage stating, “Natural Area, No Entry.”
There is a drainage that flows from the southern boundary to the eastern boundary that has been converted to an underground box culvert. At the edges of the site, the drainage is above-ground and has a small amount of riparian vegetation. The drainage feature along the eastern boundary consists of scattered coast live oak with a few willows, a fe w blue elderberry and a relatively dense cover of mule fat. The southern drainage feature consists of one coast live oak with a few blue elderberry and a sparse cover of mule fat. Side slopes of both drainage features consist of coastal sage scrub species similar to those mentioned above. These areas are fenced with signage stating, “Natural Area, No Entry.”
Consistency Evaluation
This Consistency Evaluation assumes that the modified Project would not impact the fenced riparian or coastal sage scrub mitigation areas located along the eastern and southern boundaries.

Would the Project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidat e, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S.

Fish and Wildlife Service?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
As evaluated in the Certified FEIR, the approved Project would impact the entire site. Areas that would be impacted by construction of the modified Project have already been mass-graded. Habitat that has been created for mitigation purposes is located in open space areas along the eastern and southern boundaries and would not be impacted by the modified Project. Through compliance with the MSHCP protective measures (i.e., pre-constr uction survey for burrowing owl) and permit Item Title: 11.10
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conditions, no changes in the Project would occur that would require major revisions to the Certified FEIR.

Since the certification of the FEIR and approval of the Project, the Project site was mass-graded and compacted. Organic components of the soil were removed prior to grading. In compliance with stormwater requirements, temporary water catchment basins were created on the site. Water catchment basins are generally considered unsuitab le for aquatic life because they drain fairly r a p i d l y . A n y s t a n d i ng wa t e r i s p u mp e d f r om the basins for vector control purposes within 24-48 hours of precipitation. Regular maintenance occurs in the basins at least twice annually to remove sediment and weedy vegetation and promote proper functioning of the basins. Aquatic life, therefore, has no potential to occur in the water catchment basins.

Substantial changes proposed in Project that will require major revisions to the EIR? The refinements to the approved Project (i.e., the re duction in number and size of the buildings and reconfiguration of the buildings) would not require major revisions to the Certified FEIR. As evaluated in the Certified FEIR, the approved Projec t would impact the entire site. Areas that would be impacted by construction of the modified Project have already been mass-graded; habitat that has been created for mitigati on purposes is located in open space area along the eastern and southern boundaries and would not be impacted by the modified Project. Through compliance with the MSHCP protective measures (i.e., pre-construction survey for burrowing owl) and permit conditions, no changes in the Project would occur that would require major revisions to the Certified FEIR.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
Since the certification of the FEIR, the Project si te has been mass-graded and a mitigation channel has been created that includes a dense shrub layer of mule fat scrub with scattered willows. Although the habitat is the type and density used by the federally and state-listed least Bell’s vireo (Vireo bellii pusillus), the habitat patch is considered too small an d isolated to support the species for breeding.

Therefore, although there has been a change in circumstances, the change would not result in a new or substantially more severe impact.

New information (which was not known and could not have been known at the time the EIR was certified) available?
In April 2018, the tricolored blackbird ( Agelaius tricolor ) was listed as State Threatened. The tricolored blackbird has potential to occur in the ag ricultural fields surrounding the Project site and may forage on the Project site. The MSHCP provides coverage for take of this species (Section 6.1.2, Riparian/Riverine). Therefore, no further surveys or mitigation would be required as the Project is consistent with the MSHCP. Pre-construction nest ing bird surveys are required and would ensure that if the species is nesting on or adjacent to the site, it would be protected with a sufficient buffer.

In July 2019, Crotch’s bumblebee (Bombus crotchii) was proposed as a State Endangered species; the State has yet to determine whether it will list the species. The Crotch’s bumblebee is a ground nester and often makes its nest in abandoned mammal burrows and can be found in most native habitat types. The Crotch bumblebee prefers plant genera of Antirrhinum, Phacelia, Clarkia, Dendromecon, Escholzia, and Eriogonum (Koch et a. 2012). There is no potential habitat for Crotch’s bumblebee on the site, or in the vicinity of the site due to urban and agricultural development. No native vegetation communities are present within the Project’s impact area and none of the above-named genera occur within the project area. The Riverside County MSHCP adequately protects habitat that includes all of the genera described above. Therefore, Crotch’s bumblebee would not occur on the Project site.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 593
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In April 2020, the Southern California/Central Coast Evolutionarily Significant Unit (ESU) of mountain lion ( Puma concolor ) was proposed as a State Threatened species; the State has yet to determine if it will list this species. Mountain lion s occur in a variety of ha bitats, especially brushy habitats and riparian areas with interspersed ir regular terrain, rocky outcrops, and tree/brush edges. Mountain lions use caves, natural cavities, and thickets for cover. Although the habitat along the created mitigation channel is of the type and de nsity used by the species, the habitat patch is considered too small and isolated to be used by mountain lion. When the site was mass-graded, the majority of the drainage was placed in an unde rground box culvert. Additionally, the channel goes into an underground box culvert under I-215 and ha bitat on the east side of the I-215 lacks cover.

Therefore, the drainage as currently configured wo uld not be expected to be used for movement by mountain lions. Therefore, the underground box cu lvert would not result in a new or more severe impact or require new mitigation.
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
As mentioned above, the modified Project would not impact riparian habitat because riparian habitat described in the Certified FEIR has already been mass-graded; the current Project would not directly impact any jurisdictional features or riparian ha bitat. Through compliance with MSHCP protective measures and permit conditions, indirect impacts (e .g., water quality, night lighting, invasive plant species) would be less than significant.

Substantial changes proposed in Project that will require major revisions to the EIR? The refinements to the Project (reduction in number and size of the buildings and configuration of the buildings) would not require major revisions to the Certified FEIR. As ev aluated in the Certified FEIR, the Project would impact the entire site. Ripa rian habitat described in the Certified FEIR was impacted when the site was mass-graded; riparian habitat that has been created for mitigation purposes is located in the open space area along the eastern and southern boundaries and would not be impacted by the modified Project. Through compliance with the MSHCP protective measures, no changes in the Project would occur that would require major revisions to the Certified FEIR.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
As mentioned above, the modified Project would not impact riparian habitat because riparian habitat described in the Certified FEIR has already been mass-graded; the current Project would not directly impact any jurisdictional features or riparian ha bitat. Through compliance with MSHCP protective measures and permit conditions, indirect impacts (e .g., water quality, night lighting, invasive plant species) would be less than significant. Therefor e, no changes in the circumstances have occurred that would require major revisions to the Certified FEIR.

New information (which was not known and could not have been known at the time the EIR was certified) available?
As mentioned above, the modified Project would not impact jurisdictional features or riparian habitats because the site has already been mass-graded. Therefore, no new information has become available that would require major revisions to the Certified FEIR.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 594
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c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
As detailed in the Certified FEIR, there were no state or federally protected wetlands or vernal pools on the Project site. As such, the modified Projec t would not create new or more severe impacts requiring preparation of an EIR.

Substantial changes proposed in Project that will require major revisions to the EIR? The refinements to the Project (reduction in the number and size of buildings and reconfiguration of buildings) would not require major revisions to the Certified FEIR. As evaluated in the Certified FEIR, the Project would impact the entire site; howeve r, there were no state or federally protected wetlands or vernal pools on the Project site. Theref ore, no changes in the Project would occur that would require major revisions to the Certified FEIR.

New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information available with regard to state or federally protected wetlands than was available when the FEIR was certified.
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
As stated in the Certified FEIR, the Project site is located adjacent to and west of a major interstate freeway (I-215) and is surrounded to the north an d west by lands which have been disturbed by agricultural, residential and/or industrial uses. The Project does not provide for wildlife movement, consistent with the conditions at the time the FE IR was certified. The modified Project would not interfere with the movement of any native resident s or migratory species, as no wildlife corridors exist on the Project site. The site has also been disturbed by agricultural uses and, as such, predominantly supports common wildlife species that are adapted to human land uses. Therefore, the project site itself is not considered to act as a movement or migratory corridor or native nursery for wildlife species. The drainage on the project si te runs off-site under I-215, thus reducing its integrity as a link from undeveloped habitats sout h and southeast of the site to the few remaining undeveloped habitats north and east of the site and the I-215 and Scott Road interchange, consistent Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 595
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with the findings for the Certified FEIR. No im pacts would occur and no major revisions to the Certified FEIR are required.

Substantial changes proposed in Project that will require major revisions to the EIR? The refinements to the Project (decrease in the number and size of buildings and reconfiguration of buildings) would not require major revisions to Ce rtified FEIR. As evaluated in Certified FEIR, the Project would impact the entire site; however, no regional wildlife corridors existed on the Project site. Therefore, no changes in the Project would occur that would require major revisions to the Certified FEIR.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The area surrounding the Project site is generally consistent with the conditions described in Certified FEIR. The northern site has been develo ped with industrial development. As described above, the southern site has been mass-graded and the majority of the main drainage was placed in an underground box culvert. Addi tionally, the channel goes into an underground box culvert under I-215 and habitat on the east side of the I-215 la cks cover. Therefore, the drainage, as currently configured, would not be used for regional wildlife movement. The finding is also consistent with the MSHCP, which did not identify the site as a wildli fe corridor. Therefore, no changes in the Project would occur that would require major revisions to the Certified FEIR.

New information (which was not known and could not have been known at the time the EIR was certified) available?
No new information is available that would result in new or more severe impacts pertaining to a wildlife movement corridor. Therefore, no change s in the Project would occur that would require major revisions to the Certified FEIR.
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
The modified Project would not impact oak trees on the site because oak woodland habitat described in the Certified FEIR has already been mass-graded . The modified Project would not directly impact the fenced riparian mitigation areas along the eastern and southern boundaries, which is where the remaining oak trees occur. Through compliance wi th protective measures and permit conditions, indirect impacts (e.g., hydrolog ical changes, water quality) on oak trees would be less than significant. The City of Menifee’s General Plan has been updated since the Certified FEIR was prepared. The current Goals and Policies are included in Open Space & Conservation Element OSC-8:

OSC-8: Protected biological resources, especially sensitive and special status wildlife species and their natural habitats.
 OCS-8.1: Work to implement the Western Rivers ide County Multiple Species Habitat Conservation Plan in coordination with the Regional Conservation Authority.  OCS-8.2: Support local and regional efforts to evaluate, acquire, and protect natural habitats for sensitive, threatened, and endangered species occurring in and around the city.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 596
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 OCS-8.3: Partner with non-profit agencies at the lo cal, regional, state, and federal level to fulfill the obligations of the MSHCP to preserve and protect significant biological resources.  OCS-8.4: Identify and inventory existing natural resources in the City of Menifee.  OCS-8.5: Recognize the impacts new development wi ll have on the city's natural resources and identify ways to reduce these impacts.
 OCS-8.6: Pursue opportunities to help the publ ic understand and a ppreciate Menifee's biological resources.
 OCS-8.7: Manage the recreational use of the city's unimproved open space areas for compatibility with sensitive biological resources as well as MSHCP Conservation Areas.  OCS-8.8: Implement and follow MSHCP goals and policies when making discretionary actions pursuant to Section 13 of the Implementing Agreement.

As described in the Certified FEIR, and throug h this peer review, the approved Project was determined to be consistent with the Western Rive rside MSHCP. The Project is also consistent with the goals and policies of the City’s updated Open Space & Conservation Element.

Substantial changes proposed in Project that will require major revisions to the EIR? The refinements to the Project (decrease in number and size of buildings and reconfiguration of buildings) would not require major revisions to Ce rtified FEIR. As evaluated in Certified FEIR, the Project would impact the entire site. The modified Project would not impact the fenced riparian mitigation areas along the eastern and southern boundaries, which is where the remaining oak trees occur. Therefore, no changes in the Project woul d occur that would require major revisions to the Certified FEIR.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
As mentioned above, the modified Project would not impact oak trees on the site because oak woodland habitat described in the Certified FEIR has already been mass-graded; the current Project would not directly impact the fenced riparian mitigation areas along the eastern and southern boundaries, which is where the remaining oak trees occur. Through compliance with protective measures and permit conditions, indirect impacts (e .g., hydrological changes, water quality) on oak trees would be less than significant. Therefore, no changes in the circumstances have occurred that would require major revisions to the EIR.

New information (which was not known and could not have been known at the time the EIR was certified) available?
As detailed above, through compliance with the MSHCP protective measures (e.g., pre-construction survey for burrowing owl, nestin g bird surveys), no changes in the Project would occur that would require major revisions to the Certified FEIR.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 597
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f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
The modified Project would be required to comply with the Western Riverside MSHCP, as described previously. The modified Project would be required to comply with applicable mitigation measures from the Certified FEIR, including MM IV.E-1 and MM IV.E-2. With implementation of these mitigation measures, impacts from the modified Project would be less than significant. The project would not result in new or more severe im pacts or new mitigation compared to the analysis in the Certified FEIR.

Substantial changes proposed in Project that will require major revisions to the EIR? The refinements to the Project (decrease in number and size of buildings and reconfiguration of buildings) would not require major revisions to Certified FEIR. As evaluated in the Certified FEIR, the Project would impact the entire site. Riparian habi tat described in the Cert ified FEIR was impacted when the site was mass-graded; ripa rian habitat that has been creat ed for mitigation purposes is located in the open space area along the eastern and southern boundaries and would not be impacted by the modified Project. Through compliance wi th the MSHCP protective measures and permit conditions, no changes in the Project would occur that would require major revisions to the Certified FEIR.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
Since the certification of the FEIR, the Project site has been mass-graded and water catchment basins have been created. As discussed above, riparian habitat described in the Certified FEIR was impacted when the site was mass-graded; ripa rian habitat that has been creat ed for mitigation purposes is located in the open space area along the eastern and southern boundaries and would not be impacted by the modified Project. As discussed above, the water catchment basins have no potential for aquatic life. No change in circumstances would require majo r revisions to the Certified FEIR. No substantial changes that would require major revisions to the EIR are present.

New information (which was not known and could not have been known at the time the EIR was certified) available?
No new information is available that would result in new or more severe im pacts pertaining to the Western Riverside MSHCP. As des cribed in the Certified FEIR, and determined through this peer review, the Project was determined to be consis tent with the Western Riverside MSHCP. Through compliance with the MSHCP protective measures (e.g., pre-construction survey for burrowing owl, nesting bird surveys), no changes in the Project would occur that would require major revisions to the Certified FEIR.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 598
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CULTURAL RESOURCES
Certified FEIR
A cultural resources survey of the site was cond ucted as part of the Phase I Cultural Resources Assessment for the Commerce Pointe Industrial Park Project. El even prehistoric and three historic sites were found in the project area, but no prehisto ric or historic resources have been recorded at the project site or were noted at the site duri ng fieldwork activities. Thus, the Certified FEIR determined a low potential for cultural resources to occur at the site.

Consistency Evaluation
Would the Project:
a) Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?
No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR
As indicated in the Certified FEIR, under “Cultural Resource Issues Not Discussed Further”, the Bouris Farm, which is considered to be an important comp onent of Riverside County’s agricultural history, is located to the west of the site across Zeiders Road. However, the farm is no longer in operation, and therefore, the modified Project would not have an effect on this historical site. There are no other historic resources located in the vicinity of the modified Project; therefore, the Project would not alter or destroy a historical site or cause a substantial adverse change in the significant of a historical resource as defined in Section 15 064.5. No major revisions to the Certified FEIR are required to address potentially new or more severe impacts that were not previously evaluated. Implementation of the Project would not result in a new impact, and no mitigation is required.

Substantial changes proposed in Project which will require major revisions to the EIR? The modified Project proposes a reduction in square footage and number of buildings. The area of disturbance would be less than but consistent wi th the area evaluated for development in the Certified FEIR. There are no changes in the Project that would involves new or more severe environmental impacts; therefore, no major revisions to the Certified FEIR are required to address potentially new or more severe impacts that were not previously evaluated.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
No changes have occurred in the context or circumsta nces of the modified Project that would result in new or more severe significant impacts beyo nd what was analyzed in the Certified FEIR. No historic resources are located on site; therefore, no substantial changes that would result in new or more severe environmental impact s has occurred. No major revisions to the Certified FEIR or new mitigation are required.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 599
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New information (which was not known and could not have been known at the time the EIR was certified) available?
As identified in the discussion above, the modifi ed Project proposes a reduction in footprint and number of buildings. No new information that was not previously analyzed in the Certified FEIR is available that would result in new or more seve re impacts requiring mitigation and major changes to the Certified FEIR.
b) Cause a substantial adverse change in the si gnificance of an archaeological resource pursuant to Section 15064.5?
No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR
As discussed in the Certified FEIR, no archaeological resources are known to occur at the project site.

However, given that the project area is archaeologic ally sensitive, it is possible that undiscovered archaeological resources could occur at the site. Therefore, mitigation measures were proposed. The modified Project would similarly potentially impa ct unknown archaeological resources. However, with mitigation, impacts would be less than significant. The proposed Project would not require new mitigation measures or substantial changes to the Certified FEIR.

Substantial changes proposed in Project which will require major revisions to the EIR? The modified Project proposes a reduction in the overall Project footprint and number of buildings proposed. There are no changes in the Project th at would result in new impacts or increase the severity of impacts pertaining to archaeological resources. Therefore, no major revisions to the previous Certified FEIR or new mitigation are required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
No changes have occurred in the c ontext or circumstances to the modified Project that would result in new or more severe significant impacts beyond what was analyzed in the Certified FEIR. Therefore, no major revisions to the Certified FEIR or new mitigation are required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
As identified in the discussion above, the modifi ed Project proposes a reduction in footprint and number of buildings within the same site. No new information that was not previously analyzed in the Certified FEIR is available that would result in new or more severe impacts requiring mitigation and major changes to the Certified FEIR.
c) Disturb any human remains, including those interred outside of formal cemeteries? No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR
There is no indication that the project site ha s human remains interred on site. No impacts would occur, and no mitigation is required.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 600
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4-38 S COTT ROAD COMMERCE CENTER PHASE II PROJECT
Substantial changes proposed in Project which will require major revisions to the EIR? The modified Project proposes a reduction in the ov erall Project footprint and number of buildings.

There are no changes in the Project that would increase the likelihood of discovering interred remains on site resulting in new or more severe environmental impacts. Therefore, no major revisions to the previous Certified FEIR are requir ed to address new or mo re severe impacts that were not previously evaluated.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
No changes have occurred in the c ontext or circumstances to the modified Project that would result in new or more severe significant impacts beyond what was analyzed in the Certified FEIR. Therefore, there are no substantial changes that involve ne w or more severe environmental impacts, which would require major revisions to the Certified FEIR.

New information (which was not known and could not have been known at the time the EIR was certified) available?
As identified in the discussion above, the modified Project proposes construction of a reduced Project footprint and number of buildings. Additionally, Sect ion 7050.5 of the California Health and Safety Code outlines procedures if human remains are encountered during ground-disturbing activities. The County Coroner would make a determination of orig in and disposition of the materials pursuant to Section 5097.98 of the California Public Resource s Code. As a regulatory requirement, this would apply in the unlikely event human remains are discovered. Therefore, there would be no new or more severe impact requiring a major revision to the Certified FEIR, an d no new mitigation measures would be necessary.

ENERGY
Certified FEIR
Energy was not included in the CEQA checklist at the time the Certified FEIR was prepared. In 2009, when the FEIR was certified and the Project was approved, an analysis was not part of the required CEQA Appendix G checklist analysis. Effective Dece mber 28, 2018, the State of California adopted amendments to the State CEQA Guidelines (Appendi x) requiring the analysis of energy in CEQA documents. However, energy use was discussed in ot her topical areas, such as within the air quality and utilities analyses. For example, air quality and GHG emissions were quantified from construction (i.e., diesel consumption from off-road equipment and vehicle trips) and operation (i.e., diesel and gasoline from mobile trips, fuel for landscaping equipment, and electricity for Project uses). Although energy resources were not included in the CEQA checklist at the time the EIR was prepared, it was discussed that the project would be designed an d constructed in conformance with any applicable energy conservation techniques, described in Titl e 24 of the California Building Code (CBC). An analysis of energy is below for informational purposes.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 601
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Consistency Evaluation
Would the Project:
a) Result in potentially signific ant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR
The comprehensive energy usage of the approved Project was evaluated in the Certified FEIR. The overall development assumptions have been incorporated into long-term planning programs for the utility providers. However, since the approval of the Certified FEIR, energy standards have become more stringent. The modified Project will be re quired to implement the current more stringent requirements pertaining to energy efficiency for buildings and the provision of electric vehicle charging infrastructure. Additionally, the modified Project would result in an approximately 12 percent reduction in square footage within the So uth Parcel, which would in-turn result in reduced energy consumption and vehicle trips (i.e., fuel co nsumption). Fuel efficiency standards for vehicles have also increased since certification of the FEIR which would further result in reductions in energy use. Lastly, legislative requirements for electric vehicles will increase energy efficiency related to transportation. As a result, the energy usage wo uld be less than energy demands required for implementation of the Certified FEIR.

The Energy Efficiency Standards for Residential and Nonresidential Buildings (Title 24, Part 6 of the California Code of Regulations [CCR]) were established in 1978 in response to a legislative mandate to reduce California’s energy consumption. The requirements of the energy efficiency standards result in the reduction of natural gas and elec tricity consumption. The standards are updated approximately every three years. The current st andards require substantially greater energy efficiency than the Code in place when the FEIR was certified. For example, the 2016 Code was estimated by the California Energy Commission (CEC) as being at least 28 percent more efficient for Title 24 electric and gas applications than the 2013 Code. The efficiency standards were further increased with the 2019 code. Analysis by the CEC concludes that the nonresidential buildings would be 30 percent more energy efficient due primaril y to lighting upgrades with the 2019 code (CEC 2018).

The modified Project would be required to comply with applicable Title 24 Energy Efficiency Standards for Nonresidential Buildings (California Co de of Regulations [CCR], Title 24, Part 6) and the California Green Building Standards (CALGreen) Code (24 CCR 11).

Substantial changes proposed in Project which will require major revisions to the EIR? The Project proposes industrial and office develo pment, consistent with the approved Project.

Therefore, there is not a substantial change in the Project from what was evaluated in the Certified FEIR. As noted above, the Project would be required to comply with the cu rrent energy efficiency standards (Title 24); therefore, the impacts on energy resources associated with implementing the Project would be no more severe than what was previously addressed in the Certified FEIR. Revisions to the Certified FEIR are not required.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 602
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Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
A l t h o u g h t h e r e h a s b e e n a c h a n g e i n s o m e o f the regulatory requirements associated with nonresidential development, these changes would se rve to reduce the impact on energy resources.

As noted above, the modified Project would be requ ired to comply with applicable Title 24 energy efficiency standards and CALGreen Code (CBSC 2019) which is more energy efficient than the State of California’s building standards that were applicable at the time of the approved Project. As a result, there would not be new or substantially more se vere impacts requiring major revisions to the Certified FEIR.

New information (which was not known and could not have been known at the time the EIR was certified) available?
The Certified FEIR analyzed energy impacts at it relates to air quality and GHG emissions. Therefore, the overall energy demands were considered and would not constitute new information. The overall energy usage associated with nonresidential development has become more energy efficient since the preparation of the Certified FEIR. With implementation of current codes, there are no new mitigation measures required to provide for greate r energy efficiency. Therefore, there is no new information that would result in more severe impa cts that was not known at the time the Certified FEIR was prepared.
b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR
The modified Project would be required to implement the current more stringent energy efficiency standards provided for in Title 24 and the CALGreen Code. Therefore, the Project would comply, not obstruct, the implementation of plans associated with renewable energy and energy efficiency.

Substantial changes proposed in Project which will require major revisions to the EIR? As noted above, the Project would comply with the latest energy efficiency standards. The type and overall density of development is consistent with , and reduced compared to, the approved Project.

None of the elements of the Project would conflict with state or local plans for renewable energy or energy efficiency. Therefore, there is not a substantial change in the modified Project from what was evaluated in the Certified FEIR, and no revisions are required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
As noted above, there has been a change in some of the regulatory requirements associated with nonresidential development. Howeve r, these changes would serve to reduce the impact on energy resources. Since the Project would be required to comply with applicable energy efficiency standards, there would be no conflict with state or local plans and no major revisions to the Certified FEIR would be required.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 603
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New information (which was not known and could not have been known at the time the EIR was certified) available?
State and local programs to require or encourage renewable energy and energy efficiency have evolved since the FEIR was certified. However, the Project would be required to comply with current standards. With implementation of current codes, there are no new mitigation measures required to provide for greater energy efficiency. Therefore, th ere is no new information that would result in more severe impacts that was not known at the time the Certified FEIR was prepared.

GEOLOGY AND SOILS
Certified FEIR
The geotechnical investigations included in the Ce rtified FEIR found that the project site is not located within an Alquist-Priolo Earthquake Fault Zo ne or a County Fault Hazard Zone. Therefore, it was determined that the project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death, associated with a fault zone.

According to both Preliminary Geotechnical Investigations and Figure S-3 in the RCIP, the project site is not subject to liquefaction. Furthermore, the Certified FEIR required the Project Applicant to comply with all applicable reco mmendations in the Preliminary Geotechnical Investigation and prepare a final geotechnical investigation when project plans were finalized. Therefore, the Certified FEIR determined that the project would not be subj ect to seismic-related ground failure, including liquefaction.

The project site is located in a seismically active region, and development of the project would expose future users of the site to seismic ground shaking. During its design life, the site is expected to experience strong ground motions from earthquakes on regional and/or causative faults. The Project Applicant would be required to design and construct the project in conformance to the most recently adopted California Building Code (CBC) design parameters. The Certifie d FEIR concluded that conformance with current CBC requirements woul d reduce the potential for structural damage related to ground shaking to less than significant.

Consistency Evaluation
Would the Project:
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-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? ii) Strong Seismic groundshaking?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
The modified Project is located in a region of generally high seismicity as is all of southern California.

However, the Project site is not located within a St ate of California Alquist Priolo Earthquake Fault Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 604
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Zone, and no active or inactive faults are known to traverse the site. The closest known zoned active fault is the Elsinore fault zone located approximately 6.8 miles southwest of the project site. The Project Applicant would be required to design and construct the Project in conformance to the most recently adopted California Buil ding Code (CBC) design paramete rs. Conformance with the current CBC requirements would reduce th e potential for structures on the project site to sustain damage during an earthquake event, an d project impacts related to grou ndshaking would remain less than significant. The modified Project would not result in new or more severe impacts compared to the Certified FEIR and no mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? The proposed Project is substantially the same as was previously proposed with the exception of a reduction in the overall square footage and number of buildings. The modified Project would not result in new impacts pertaining to seismicity and ground shaking that were not previously analyzed in the Certified FEIR. Therefore, no major revisions to the Certified FEIR and no new mitigation would be required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
As noted above, the modified Proj ect is substantially the same as was previously proposed with a reduction in overall square footage and number of buildings. The context and circumstances for the Project have not changed such that Project activities would result in a signif icant impact pertaining to seismicity and ground shaking requiring new mi tigation. Thus, no substantial revisions to the Certified FEIR would be required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
The Project is substantially the same as was previo usly proposed with the exception of a reduction the Project square footage and number of building s. No new information ha s become available that was not previously known resultin g in an impact pertaining to seismicity and groundshaking not previously anticipated. Therefore, the Project would not require major revisions to the Certified FEIR, and no mitigation is required.
iii) Seismic-related ground failure, including liquefaction? iv) Landslides?
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
As stated in the Certified FEIR, the project site is not subject to liquefaction, citing Figure S-3 in the RCIP and two Preliminary Geotechnical Investigati ons prepared for the Certified FEIR. In addition, citing the same two Preliminary Geotechnical Investigations, the project site is not subject to seismic Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 605
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settlement, rockfall, or landslides. However, the Project Applicant would be required to comply with all applicable recommendations in the Preliminary Geotechnical Investigation. Therefore, the Project would not be located on an unstable geologic unit or one that would become unstable as a result of the modified Project and would not be subject to seismic-related ground failure, including liquefaction. No new or more severe impacts would occur.

Substantial changes proposed in Project, which will require Major revisions to the EIR? The extent of Project impacts upon existing seismically-induced conditions, such as liquefaction and landslides, would be the same as analyzed in th e Certified FEIR since no increase in the overall developable area is proposed. No changes are prop osed to the Project, with the exception of a reduction in the overall Project square footage and the number of buildings , that would result in new impacts above and beyond what was analyzed in the previous Certified FEIR. Therefore, no new mitigation and no substantial changes to the Certified FEIR would be required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
As indicated in above discussions, the Project substantially remains the same with the exception of a reduction in the overall Project square footage and number of buildings. The context and circumstances for the Project have remained the sa me and not changed such that Project activities would result in a significant impact pertaining to liquefaction and landslides, requiring new mitigation. Thus, no substantial revisions to the Certified FEIR would be required.

New information (which was not known and could not have been know at the time the EIR was certified) available?
The Project is substantially the same as was previo usly proposed with the exception of a reduction in the overall Project footprint and number of bu ildings. No new information has become available that was not previously known. Therefore, the Project would not require major revisions to the Certified FEIR, and no new mitigation is required.
b) Result in substantial soil erosion or the loss of topsoil? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
Implementation of the modified Project would decre ase exposed soil surfaces at the project site, thereby decreasing the potential for soil (and water) erosion. Additionally, all runoff from the project site would be directed to impervious storm drai n facilities or best management practice (BMP) structures, such as bioswales, and would not drai n across or onto exposed soil surface. Therefore, impacts related to soil and water erosion and the lo ss of topsoil would be less than significant. No new or more severe impacts would occur and no new mitigation is required.

Substantial changes proposed in Project, which will require Major revisions to the EIR? The Project does not propose changes that would re sult in new impacts or increase the severity of previously analyzed impacts pertaining to soil er osion and loss of topsoil. Therefore, the proposed Project would not require new mitigation measures or substantial changes to the Certified FEIR as impacts remain the same.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 606
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Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
As indicated in above discussions, the Project substantially remains the same with the exception of a reduction in the overall Project footprint and numb er of buildings. The context and circumstances for the Project have remained the same and have not changed such that Project activities would result in a significant new impact or more severe impacts pertaining to soil erosion and loss of topsoil, or require new mitigation. Thus, no substantial revisions to the Certified FEIR would be required.

New information (which was not known and could not have been know at the time the EIR was certified) available?
The Project is substantially the same as was previo usly proposed with the exception of a reduction in the overall Project footprint and number of bu ildings. No new information has become available that was not previously known related to soil erosion or loss of topsoil. Therefore, the Project would not require major revisions to the Certified FEIR, and no new mitigation are required. e) Have soils incapable of adequately supporti ng the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
Implementation of the modified Project would not require the use of septic tanks or alternative waste water disposal systems for the disposal of waste wa ter, as sewers are available. No impacts would result, and no mitigation is required.

Substantial changes proposed in Project, which will require Major revisions to the EIR? No new or more severe impacts would result that would require major revisions to the Certified FEIR or new mitigation.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
No changes in circumstances have occurred that would result in ne w or more severe impacts that would require major revisions to the Certified FEIR or new mitigation.

New information (which was not known and could not have been know at the time the EIR was certified) available?
No new information that was not known is available that would result in new impacts or more severe impacts that would require major revisions to the Certified FEIR or new mitigation.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 607
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f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
As indicated in the Certified FE IR, geologic units at the project site include Quaternary-aged undocumented fill (Quf) and Quaternary-aged alluvial/colluvial soils (Qal), approximately three to four feet thick over granitic bedrock. The Quf soil is of a modern age and does not likely contain any paleontological resources. The Qal soil is of the cu rrent geologic time period and has a low potential for the occurrence of paleontological resources. The granitic bedrock is of volcanic origin and does not contain paleontological resources. In addition, implementation of the mitigation measure (MM IV.F-7) in the Certified FEIR would ensure that impacts remain less than significant.

Substantial changes proposed in Project, which will require major revisions to the EIR? The Project remains substantially the same with the exception of a reduction in the overall Project footprint and number buildings. The area of disturbance from the Project would be consistent with the area evaluated for development in Certified FEIR. The Project does not propose changes that would result in new impacts or in crease the severity of previously analyzed impacts pertaining to paleontological resources. Therefore, the proposed Project would not require substantial changes to the Certified FEIR or new mitigation.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The context and circumstances for the Project have remained the same and not changed such that Project activities would result in a significant ne w impact or more severe impacts pertaining to paleontological resources, requiring new mitigati on. The site condition has not changed, and no increase in the developable area is proposed. Thus, no substantial revisions to the Certified FEIR or new mitigation would be required.

GREENHOUSE GAS EMISSIONS
Certified FEIR
In 2009, when the FEIR was ce rtified and the project was approved, a Greenhouse Gas (GHG) Emissions analysis was not part of the required CEQA analysis. Effective March 18, 2010, the State of California adopted amendments to the State CEQA Guidelines requiring the analysis and mitigation of the effects of GHG emissions in CEQA documents.

As discussed below, applicable case law provides that a Supplemental EIR is not required on the issue of GHG emissions and climate change where an earl ier Certified EIR did not address climate change Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 608
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(based on Citizens for Responsible Equitable Environmental Development v. City of San Diego (2011) 196 Cal.App.4th 515).

It should be noted that the Certified FEIR did include background information on GHGs and quantified the proposed operational GHG emissi ons from the approved Project. The approved Project’s operational GHG emissions were quantified and compared to the 2004 Statewide inventory of GHG emissions, provided by the California Air Resources Board (CARB). The approved Project was projected to emit 11,920 tons of carbon dioxide equi valent per year. The Certified FEIR stated that the Project would result in a net increase of 0.0002 percent of the 2004 emissions level for the State of California. In the absence of any adopted thresh olds, the Certified FEIR assumed that the project would be considered to generate a substantial increase in GHG emissions if it is not consistent with any strategies from the 2006 Climate Action Team (CAT) Report that the Lead Agency deems to be applicable and feasible for the proposed land uses. The Certified FEIR provided a consistency analysis with all feasible and applicable strategies in the 2006 CAT Report to reduce GHG emissions in California and determined that the Project would be consistent with said strategies. The approved Project would provide employment in an area with a relatively low jobs to housing balance. Because of the local employment opportunities, overall vehicle miles traveled in the area would be anticipated to decline. Therefore, the approved Project’s incremental effect on greenhouse gas emissions was not considered to be cumulatively considerable. This was determined to be a less than significant cumulative impact.

Would the Project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR
On December 5, 2008, the SCAQMD Governing Bo ard presented the staff proposal for a tiered threshold approach wherein Tier 1 determines if a project qualifies for an applicable CEQA exemption, Tier 2 determines consistency with GHG reduction plans, and Tier 3 proposes a numerical screening value as a threshold. At their Decemb er 5, 2008 meeting, the SCAQMD Governing Board adopted a numerical GHG signific ance threshold of 10,000 MTCO 2e/yr. Tier 4 determines if the project meets performance standards. Tier 4 has three options: Option 1—percent emission reduction target; Option 2—early implementation of applicable measures, and Option 3—sector- based standard. Tier 5 determines mitigation for CEQA offsets.

In the absence of adopted thresholds, the Tier 3 st andard is used for this analysis (SCAQMD 2008).

The development of project-level th resholds in accordance with CEQA is an ongoing effort at the State, regional, and County levels, and significance thresholds may differ for future projects based on new or additional data and information that may be available at that time for consideration. The City of Menifee has not officially adopted any GHG CEQA significance threshold. The City defers to assessment methods and significance thresholds de veloped by the SCAQMD. This impact analysis evaluates consistency with regulatory programs designed to reduce GHG emissions and that Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 609
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contribute to the achievement of AB 32’s and SB 32’s goals as the primary significance criterion. In addition, this impact analysis also evaluates the Project’s estimated emissions compared to the Tier 3 threshold (as discussed above) for impacts re lated to GHG emissions adopted by the SCAQMD Board.

Based on the proposed construction activities, th e principal source of construction related GHG emissions would be internal combustion engines of construction equipment, on-road construction vehicles, and workers’ commuting vehicles. For informational purposes, the analysis estimated Project emissions using the California Emissions Estimator Model (CalEEMo d) version 2020.4.0 computer program (CAPCOA 2021). CalEEMod mode ls construction and operational emissions for land development projects and allows for the input of project- and County-specific information. The CalEEMod input for construction emissions uses th e Project’s construction assumptions and default assumptions derived from CalEEMod. The estima ted construction GHG emissions for the Project would be 2,451 MTCO 2e, as shown in Table 7, Estimated Greenhouse Gas Emissions from Construction. Because impacts from construction acti vities occur over a relatively short period of time, they contribute a relatively small portion of the overall lifetime project GHG emissions. In addition, GHG emission reduction measures for c onstruction equipment are relatively limited. The SCAQMD recommends that construction emissions be amortized over a 30-year project lifetime, also shown in Table 7, so that GHG reduction measures address construction GHG emissions as part of the operational GHG reduction strategies (SCAQMD 20 08). The modified Project would result in 82 MTCO2e/year of amortized emissions from construction.

TABLE 7

ESTIMATED GREENHOUSE GAS EMISSIONS

FROM CONSTRUCTION
Year
Emissions
(MTCO2e/yr)
2022 1,041
2023 1,002
2024 408
Total 2,451
Annual Construction Emissions Amortized over 30
Years
82 MTCO2e/yr: metric tons of carbon dioxide equivalent per year Notes:
• Totals may not add due to rounding variances.

See Attachment A, Air Quality/GHG Emissions Memorandum for CalEEMod model outputs.

Operational GHG emissions would come primaril y from vehicle trips; other sources include electricity and water consumption, natural gas fo r space and water heating, and gasoline-powered landscaping and maintenance equipment. Estimated Project operational GHG emissions are shown in Table 8, Estimated Annual Greenhouse Gas Emissions from Project Operation.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 610
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TABLE 8

ESTIMATED ANNUAL GREENHOUSE GAS

EMISSIONS FROM PROJECT OPERATION
Source
Emissions
(MTCO2e/yr)
Area <1
Energy 1,862
Mobile 4,485
Waste 333
Water 464
Total Operational Emissions 7,144
MTCO2e/yr.: metric tons of carbon dioxide equivalent per year Notes:
• Totals may not add due to rounding variances.

See Attachment A, Air Quality/GHG Emissions Memorandum for CalEEMod model outputs.

Table 8 shows that the total estimated annual GHG emissions for the modified Project would be 7,144 MTCO2e/year at buildout. Table 9, Estimated Tota l Project Buildout Annual Greenhouse Gas Emissions, shows the modified Project’s estimated GHG emissions at buildout, with inclusion of operational and construction (amortized) emissions.

TABLE 9

ESTIMATED TOTAL PROJECT BUILDOUT

ANNUAL GREENHOUSE GAS EMISSIONS
Source
Emissions
(MTCO2e/yr)
Construction (amortized) (from Table 7) 82
Operations (from Table 8) 7,144
Total Annual GHG Emissions 7,226
SCAQMD Tier 3 threshold 10,000
Exceed threshold? No
Approved Project operational emissions* 10,814
Exceeds approved Project operational emissions? No
MTCO2e/year: metric tons of carbon dioxide equivalent per year; GHG: greenhouse gas; SCAQMD: South Coast Air Quality Management District * Approved Project emissions converted from tons of carbon dioxide equivalent per year to metric tonnes of carbon diox ide equivalent per year to allow for the appropriate comparison.

Note: Totals may not add due to rounding variances.

See Attachment A, Air Quality/GHG Emissions Memorandum for CalEEMod model outputs.

As shown in Table 9, the modified Project’s esti mated GHG emissions at buildout would not exceed the 10,000 MTCO2e Tier 3 threshold for industrial projects. Further, mobile emissions represent the Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 611
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majority of GHG emission sources for the approved and modified Project, and mobile emissions would be reduced for the modified Project due to reduce trips and develo pment. Additionally, the modified Project would be held to more stringent Title 24 Building Energy Efficiency Standards (Title 24, Parts 6 and 11) than previously required fo r implementation of the approved Project. These standards are updated every thre e years and are designed to re duce wasteful and unnecessary energy consumption in newly constructed and existing buildings.

As discussed previously, prior to 2010, there were no thresholds that specifically addressed GHG emissions. However, for informational purposes, th e Certified FEIR provided the operational GHG emissions of the Project and compared it to the Statewide inventory in 2004. Total annual emissions, which include the amortized construction and operational emissions, are less than the emissions provided in the Certified FEIR and the SCAQMD’s threshold for industrial projects, which was adopted after certification of th e Certified FEIR. As such, the Project would not generate GHG emissions, either directly or indirectly, that ma y have a significant impact on the environment.

Because the Project would be consistent with full buildout of the approved Project and because the Project’s estimated annual GHG emissions would not exceed the SCAQMD Tier 3 threshold nor are the modified Project’s emissions higher than that estimated for the approved Project, the modified Project would not create new significant environmental impacts or increase the severity of impacts.

Substantial changes proposed in Project which will require major revisions to the EIR? As noted above, the modified Project has not substantially changed from the project addressed in the Certified FEIR. There are no elements of the modified Project that would result in the generation of substantially greater GHG emissions compared to the emissions generated by the development evaluated in the Certified FEIR. With the decrease in the square footage of development and number of buildings, there would be a commensurate reduction in the emissions generated by the Project. In addition, the changes in the Californ ia Code of Regulations [CCR]) es tablished to reduce California’s energy consumption (this is also discussed in Sect ion 4.6, Energy) would have beneficial effects on GHG emissions. As such, there are no substantial changes to the project that would require major revisions to the Certified FEIR.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The context in which the Project would be implemented is not substantially different than what was evaluated in the Certified FEIR. The City of Menifee has long been assumed as a suburban area. These land use patterns are reflected in the local (General Plan) and regional (RTP/SCS and AQMP) planning documents. The regional plans developed by the Me tropolitan Planning Organizations are also used for evaluation of consistency with State planning programs (discussed further below as part of Question 4.8b). As such, the regulations and la nd development patterns would not constitute a change in circumstances that would require major revisions to the Certified FEIR. The Project would not allow for any new development or uses beyond that previously authorized.

New information (which was not known and could not have been known at the time the EIR was certified) available?
The courts have found that GHG emissions and global climate change are not “new information” since these effects have been generally known for quite some time. For ex ample, in a 2011 case, Citizens for Responsible Equitable Environmental Development v. City of San Diego, 1 the Fourth District Court
of Appeal affirmed the trial court’s denial of a petition for writ of mandate challenging the City of San

1 Citizens for Responsible Equitable Environmental Development v. City of San Diego (2011) 196 Cal. App.4th 515.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 612
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Diego’s adoption of an addendum to a previously certified EIR rather than the preparation of a Supplemental EIR for a development project. In one of many issues, the court found that “information on the effect of greenhouse gas emissions on climate was known long before the City approved the 1994 FEIR”. The court discussed several federal court decisions that demonstrated information about the nexus between GHG emissions and clima te change was known we ll before the EIR was certified. As such, the courts de termined the effect of GHG emissi ons on climate change could have been raised when the City certified the EIR. Beca use the plaintiff in the cited case provided no competent evidence of new inform ation of a significant impact, it did not meet its burden under Section 21166 of the Public Resources Code to demonstrate that a Supplemental EIR was required.

Therefore, this case demonstrates that a Supplemental EIR is not required based on the general issue of GHG emissions and climate change, where an earli er certified EIR for the project did not address climate change.

A similar finding was made in the 2014 decision by the Sixth District Court of Appeals in Citizens Against Airport Pollution v. City of San Jose. 2 The decision states that, “information about the potential environmental impact of greenhouse gas emissions was known or could have been known at the time the 1997 EIR and the 2003 SEIR for the Airport Master Plan were certified. We reiterate, . . . an agency may not require an SEIR unless ‘[n]ew information, which was not known and could not have been known at the time the [EIR] was certified as complete, becomes available.” Since the potential environmental impact of GHG emissions does not constitute new information as defined in the CEQA statutes, Section 21166, subdivision (c), the City did not violate Section 15064.4 of the State CEQA Guidelines.
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR
Executive Order S-3-05, AB 32, and SB 32 are the primary State policies adopted for the purpose of reducing GHG emissions. Statewide regulations ad opted in furtherance of those State policies, including GHG emissions standards for vehicles, ar e being implemented at the statewide level. The Lead Agencies identified for these actions are al most exclusively State agencies, including CARB, California Energy Commission, California Publ ic Utilities Commission, Caltrans, and regional transportation agencies.

AB 32 is codified as Sections 38500–38599 of the California Health and Safety Code. Thus, the principal State plan and policy adopted for the pu rpose of reducing GHG emissions has been AB 32.

The quantitative goal of AB 32 is to reduce statewide GHG emissions to 1990 levels by the year 2020.

Statewide plans and regulations, including but no t limited to light duty vehicle GHG emissions standards, Advanced Clean Car standards, Lo w Carbon Fuel Standard, Renewable Portfolio Standards, Energy Efficiency Standards for Residential and Nonresiden tial Buildings, and California Green Building Standards, are being implemented. AB 32 also implemented the policy statement of EO S-3-05 that called for a reduction in GHG emissions to the year 2000 level by 2010, to year 1990 levels by 2020, and to 80 percent below 1990 levels by 2050.

At a regional level, SCAG has addressed GHG reduction through the RTP/SCS. Locally, the City of Menifee General Plan has included goals and policies in the Open Space Element of the City’s General

2 Citizens Against Airport Pollution v. City of San Jose (2014) 227 Cal. App.4th 788.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 613
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Plan that would also result in the reduction of GHG emissions. As a component of the City General Plan, this level of development for the site is reflected in the RTP/SCS for the SCAG region.

The Project must comply with all those applicable regulatory measures adopted to implement AB 32.

Since the Project would be required to comply with building standards that are much more rigorous than what was in place in 2008-2009, the Projec t’s GHG emissions would be less than what would have resulted from a project implemented before the more rigorous standards were adopted (see discussion above, in Section 4.6, Energy). In addi tion, the fuel efficiency of roadway vehicles has improved as required under the Corporate Averag e Fuel Efficiency (CAFE) standards since the adoption of the approved Project. These increases in fuel efficiency for passenger cars, medium and heavy trucks would result in less GHG emissions.

Substantial changes proposed in Project which will require major revisions to the EIR? As noted above, the proposed Project has not subs tantially changed from the project addressed in the Certified FEIR. There are no elements of the Project that would result in the generation of GHG emissions that would be substantially greater th an the emissions generated by the development evaluated in the Certified FEIR. Updated regulations im plemented to reduce GHG emissions, which would apply to the Project, would reduce the ov erall emissions of GHG compared to a project implemented using the emissions factors when the Ce rtified FEIR was certified. As such, since there are no major changes to the Project, there are no major revisions required to the Certified FEIR.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The new policies and regulations associated with GHG emissions would not represent a substantial change in circumstances that would result in a new or more severe environmental impact.

Regulations, such as those associated with energy efficiency and transportation fuel efficiency, would apply to the modified Project and are designed to reduce environmental impacts. Therefore, GHG emissions would be less than what would have been associated with modified Project development when the FEIR was certified. As noted above, th e physical context in which the Project would be implemented is not substantially different from what was evaluated in the Certified FEIR. The City of Menifee land use patterns have been assumed in the local (General Plan) and regional (RTP/SCS and AQMP) planning documents and would not result in more severe environmental impacts or represent a change that would require major revisions to the Certified FEIR.

New information (which was not known and could not have been known at the time the EIR was certified) available?
As noted above, the courts have found that GHG emissions and global climate change are not “new information” since these effects have been generally known for quite some time. As such, the courts determined the effect of GHG emi ssions on climate change could ha ve been raised when the City certified the FEIR and did not cons titute evidence of new informat ion of a significant impact; and therefore, did not meet its burden under Section 21166 of the Public Resources Code to demonstrate that a Supplemental EIR was required. The modified Project would be required to comply with the changes in regulations, which have been adopted with the goal of reducing GHG emissions. Therefore, the modified Project would not result in new or greater GHG emissions than would have been associated with development at the time the FEIR was certified.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 614
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HAZARDS AND HAZARDOUS MATERIALS
Certified FEIR
It was indicated in the Certified FEIR that during long-term operation of the project, some hazardous materials such as solvents, cleaners, and petroleum products, could be used and stored at the site.

However, the amounts of these materials that woul d be present at the site would be relatively minimal, and the users of these materials would be required to comply with all local, state and federal laws pertaining to the management of hazardous materials and wastes. Therefore, the Certified FEIR determined that through compliance with these laws, the project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials.

The Phase I Environmental Site Assessments de termined that the like lihood of hazardous materials or petroleum contamination migrating to the project site is low. The assessment also determined the likelihood for hazardous materials or petroleum contamination to occur on the sites from on-site uses would be low to moderate, due to the observed storage of fuel and oil in drums, tanks, and equipment on APN 384-150-003.

No aspects of the project would inhibit access to hospitals, emergency response centers, school locations, communication facilities, highways and br idges, or airports. Further, the project would comply with all applicable Genera l Plan policies related to Disaster Preparedness, Response and Recovery. Therefore, the Certified FEIR determined that the project would not impair implementation of or physically interfere with an adopted emergency response plan or an emergency evacuation plan.

Consistency Evaluation
Would the Project:
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
During long-term operation of the modified Project, some hazardous materials such as solvents, cleaners, and petroleum products, could be used an d stored at the site. However, the amounts of these materials that would be present at the sites would be relatively minimal, and the users of these materials would be required to comply with all local, state and federal laws pertaining to the management of hazardous materials and wastes. Th rough compliance with these laws, the Project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Therefore, impacts related to this issue would be less than significant.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 615
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According to the Phase I Environmental Site Assessm ents prepared for the site, the likelihood of hazardous materials or petroleum contamination migrating to the modified Project site is low, and the likelihood for hazardous materials or petroleum contamination to occur on the site from on-site uses is low to moderate. It has been determined that no underground storage tanks are present at the project site. The modified Project would not cre ate a significant hazard to the public or the environment through reasonably foreseeable upset an d accident conditions involving the release of hazardous materials into the environment. Therefore, impacts would be less than significant.

No new or more severe impacts would occur and no new mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? The modified Project is substantially the same as was previously proposed with a reduction in overall Project footprint and number of buildings. Based on the discussion above, due to the type of Project and temporary nature of construction activities, the modified Project would not result in any new impacts. Therefore, no substantial changes to the Certified FEIR would be required and no mitigation would be required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
As noted above, the modified Proj ect is substantially the same as was previously proposed with a reduction in overall Project footprint and number of buildings. The context and circumstances for the modified Project have not changed such that constr uction and operation activities would result in a significant impact requiring mitigation. Thus, no su bstantial revisions to the Certified FEIR or new mitigation would be required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
The modified Project is substantially the same as was previously proposed with the exception of a reduction in overall Project footprint and number of buildings. No new information has become available that was not previously known resulting in a new impact or increase the severity of the previous impacts. Therefore, the Project would not require major revisions to the Certified FEIR or new mitigation.
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
There are no existing or proposed schools within a one-quarter-mile radius of the modified Project site. Therefore, the Project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school.

Impacts would be less than significant, and no mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? As indicated above, there are no existing or proposed schools within a one-quarter-mile radius of the project site. The modified Project is substantially the same as was previously proposed, except for reduction in the overall Project footprint and number of buildings. The modified Project would not Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 616
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result in an impact pertaining to emissions of hazardous materials, substances, or waste within 0.25 mile of an existing or proposed school that was not previously analyzed. Therefore, no substantial changes to the Certified FEIR, and no mitigation is required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
As indicated above, there are no existing or propos ed schools within 0.25-mile radius of the project site. The context and circumstances for the modified Project have not changed such that construction and operation activities would result in a new impa ct or increase the severity of previous impacts pertaining to emissions of hazardous materials, subs tances, or waste within 0.25 mile of an existing or proposed school requiring mitigation. Thus, no major changes to the Certified FEIR or new mitigation would be required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
Regulations pertaining to hazard ous materials have been updated since the Certified FEIR was prepared3; however, the nature of the materials associat ed with the light industrial and office uses have not substantially changed. Existing regulations, such as the California Code of Regulations Title 22 establishes requirements pertaining to the st orage, transportation, and disposal of hazardous materials. To meet the requirements, construction contractors are required to implement control measures for handling and storin g various types and quantities of regulated hazardous materials used. Any transport of hazardous materials facilities is also regulated at the federal (Title 49 of the Code of Federal Regulations) and St ate (Title 13 of the California Code of Regulati ons) regulations.

The new regulations would not result in a new im pact that would require major revisions to the Certified FEIR or new mitigation.
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
According to the Phase I Environmental Site Assessments prepared for the Certified FEIR, the project site is not included on a list of hazardous material s sites, compiled pursuant to Government Code Section 65962.5. As such, no impacts would occur, and no mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? As indicated above, the project site is not include d on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. The modified Project is substantially the same as was previously proposed, except for a reduction in the overall Project footprint and number of buildings.

As such no changes are proposed that would result in new impact or increase the severity of previous

3 Proposition 65 was passed by Californ ia voters in 1986. Proposition 65 requir es businesses to provide warnings to Californians about significant exposure s to chemicals that cause cancer, birth defects or other reproductive harm.

These chemicals can be in the products that Californians pu rchase, in their homes or workplaces, or that are released into the environment. As of November 2018, the Proposit ion 65 List, which is maintained by the Office of Environmental Health Hazard Assessment (“OEHHA”), includes over 900 naturally occurring and synthetic chemicals that include additives or ingredients in pesticides, common household products, food, drugs, dyes, or solvents.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 617
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impacts requiring mitigation. Therefore, no subs tantial changes to the Certified FEIR or new mitigation are required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The context and circumstances under which the modified Project is being implemented have not changed. As noted above, the project site is no t included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962. As such there are no new circumstances that would result in a significant impact pertaining to being on a list of hazardous materials site. Thus, no substantial changes to the Certified FEIR or new mitigation are required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
No new information has become av ailable that was not previously known resulting in an impact pertaining to being on a list of hazardous material s sites not previously anticipated. Therefore, the modified Project would not require major revisions to the Certified FEIR or new mitigation. 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 airport or public use airport, would the Project result in a safety hazard or excessive noise for people residing or working in the project area? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
The project site is not within an airport land use plan and is not located within two miles of an airport.

Therefore, implementation of the modified Project wo uld not result in a safety hazard or excessive noise for people residing or working the Project area, and no mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? As indicated above, project site is not within an airport land use plan and is not located within two miles of an airport. The modified Project is substantially the same as was previously proposed, except for a reduction in the overall Project footprint and number of buildings. Based on the discussion above, due to absence of a public airport within two miles of the site, the modified Project would not result in an impact pertaining to safety hazard or excessive noise that was not previously anticipated or analyzed. Therefore, there are no substantial revisions to the Certified FEIR, and no mitigation are required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
As indicated above, project site is not within an airport land use plan and is not located within two miles of an airport. The context and circumstances for the modified Project have not changed (e.g., construction of an airport in th e area) such that modified Project implementation would result in a new significant impact or increase the severity of the previous impacts pertaining to safety hazard or excessive noise, requiring mitiga tion. Thus, no substantial revisions to the Certified FEIR or new mitigation are required.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 618
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New information (which was not known and could not have been known at the time the EIR was certified) available?
No new information has become av ailable that was not previously known resulting in an impact pertaining to safety hazard or ex cessive noise, not previously anticipated. Therefore, the modified Project would not require mitigation or major revisions to the Certified FEIR. f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
No aspects of the modified Project would inhibit access to hospitals, emer gency response centers, school locations, communication faci lities, highways and bridges, or airports. Further, the Project would comply with all applicable General Plan po licies related to Disaster Preparedness, Response and Recovery. Therefore, the modified Project woul d not impair implementation of or physically interfere with an adopted emergency response plan or an emergency evacuation plan. In the emergency situations, the identified roadways wo uld continue to function as emergency access routes in the City. The Project does not include any components or activities that would conflict, impair, or physically interfere with an adopted emergency response or evacuation plan. No impacts would occur, and no mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? As indicated above, no aspects of the modified Pr oject would inhibit access to hospitals, emergency response centers, school locations, communication fa cilities, highways and bridges, or airports. The modified Project is substantially the same as was previously proposed, except for the reduction in overall Project footprint and number of building s. Based on the discussion above, the modified Project does not propose changes that would adve rsely affect the City’s emergency response or evacuation plan that was not previously anticipated or analyzed. Therefore, no substantial revisions to the Certified FEIR and no new mitigation would be required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The context and circumstances for the modified Proj ect have not changed. In light of the discussion above, the modified Project would not result in potential impacts to emergency and evacuation routes in case of natural or man-made disasters that would require mitigation. As such no substantial changes to the Certified FEIR or new mitigation would be required.

Therefore, the modified Project would not require mitigation or major revisions to the Certified FEIR.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 619
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g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
According to the RCIP, the project site is not includ ed in an area susceptible to wildfire. Therefore, the modified Project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires. In light of this, because the Project site is not located within a designated wildland fire hazard area, impl ementation of the proposed Project would not expose people or structures directly or indirectly to a significant ri sk of loss or death associated with wildland fires.

Therefore, impacts would be less than significant, and no mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? As indicated above, the project site is not included in an area susceptible to wildfire. The modified Project is substantially the same as was previous ly proposed, except for reduction in the overall Project footprint and number of buildings. Based on the discussion above, the modified Project does not propose changes that would expose people or structures to the risk of wildland fires that was not anticipated before. No new impacts or increase in severity of previous impacts would result.

Therefore, no substantial revisions to the Certified FEIR, and no new mitigation would be required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The context and circumstances for the modified Project have not change. In light of the discussion above, the modified Project would not result in po tential impacts pertaining to exposing people or structures to the risk of wildland fires that would require mitigation. As such no substantial revisions to the Certified FEIR or new mitigation would be required.

Therefore, the modified Project would not require mitigation or major revisions to the Certified FEIR.

HYDROLOGY AND WATER QUALITY
Certified FEIR
The project includes the removal of two ephemeral dry washes, altering the hydrologic conditions at the project site. However, the analysis in the Certified FEIR determined that the site is not a significant area or source of groundwater recharge. Theref ore, the project would not substantially deplete groundwater supplies or interfere substantially with groundwater re charge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level.

The Certified FEIR determined that the project wo uld not substantially alter the existing drainage pattern of the project site area. With implement ation of the drainage features and mitigation measures outlined in the Certified FEIR. the project’s drainage system would adequately accommodate post-project flows and ensure that po st project flows would not exceed existing flow Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 620
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levels. Compliance with existing NPDES requirements, Code requir ements, and permit provisions ensure that impacts related to water quality and additional sou rces of polluted runoff would be less than significant.

The project is developed over an existing on-site blue-line stream (an ephemeral dry wash). Pervious surface reduction could result in flooding on- or off-site; however, the Certified FEIR determined that the project’s storm drain system would capture both off-site and on-site runoff mitigating increased runoff levels. The storm drain system would be able to accommodate the anticipated flow from a 10- year storm event, thus improving the current flooding conditions that result on-site and in the project vicinity.

It was determined that the implementation of subs urface basins as outlined in the Certified FEIR would mitigate the anticipated incre ased runoff levels for the 10-year design criteria as outlined by the Riverside County Flood Control & Water Conser vation District (RCFC & WCD). Thus, the project would neither create nor contribute runoff water wh ich would exceed the capacity of existing or planned stormwater drainage system or provide substantial additional sources of polluted runoff.

Consistency Evaluation
Would the Project:
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR
A significant impact related to wa ter quality could occur if a project discharges water that does not meet the quality standards of agencies that regulate surface water quality and water discharge into stormwater drainage systems, and/or if a project does not comply with all applicable regulations with regard to surface water quality as govern ed by the State Water Re sources Control Board, including compliance with the Standard Urban St orm Water Mitigation Plan (SUSMP) requirements to reduce potential water quality impacts.

Construction activities associated with the modifi ed Project would be required to meet the NPDES requirements for stormwater quality. The project contractor would also be required to implement Best Management Practices (BMPs) to control erosion and to protect the quality of surface water runoff during the construction period. In addition, the contractor would file a Notice of Intent (NOI) with the State Water Resources Control Board (SWRCB) and prepare a SWPPP prior to any construction activity. Implementation of the BM Ps in the SWPPP and compliance with the City’s discharge requirements would ensure that the mo dified Project construction would not violate any water quality standards or discharge requirements or otherwise substantially degrade water quality.

Adherence to NPDES requirements and implemen tation of BMPs provided in the SWPPP would ensure potential water quality im pacts associated with constructi on activities would remain less than significant.

With respect to the operation of the modified Project, the Applicant would be required by the SWRCB to prepare and implement a SUSMP, which would en sure that potential impacts associated with water quality would be less than significant.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 621
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The project site is underlain at the ground surfac e and at the shallow depths by minor amounts of undocumented fill (silty sand), undifferentiate d alluvium/colluviums and older alluvial soils (predominantly clayey soils and gravelly silty sand s), and granitic bedrock (hard and dense to very dense). Regional groundwater data indicates high groundwater levels to be approximately 52 feet below ground surface (bgs). Granitic bedrock is generally considered non-groundwater bearing, with groundwater being transmitted along fractures and jo int systems. As such, the project site is not a significant area for groundwater recharge.

Substantial changes proposed in Project, which will require major revisions to the EIR? The modified Project does not include substantial changes that would adversely affect water quality, resulting in a new or more severe impacts. With the water quality system in place, including two water quality basins and proposed BMPs, no new impacts would result. Therefore, no major revisions to the Certified FEIR and new mitigation are required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
No changes in modified Project context and circums tances have occurred such that a new or more severe water quality impact beyond what was an alyzed, would result. The same requirements and standards discussed in previous analyses would st ill apply to the modified Project. Thus, no major revisions to the Certified FEIR and new mitigation are required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
No new information, which was not known before, has become available that would cause the modified Project to create an adverse hydrolog ic condition. The hydrology and WQMP studies determine that the modified Project would addr ess water quality and would not result in new impacts that would require major revisions to the Certified FEIR and new mitigation. b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project impede sustainable groundwater management of the basin? No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR
As stated in the Certified FEIR, the site is not a significant source of grou ndwater recharge due the existing geological conditions. Although the modifi ed Project would alter the hydrologic conditions at the project site (the removal of two ephemeral dr y washes), the site is not a significant area or source of groundwater recharge. Therefore, the modified Project would not substantially deplete groundwater supplies or interfere substantially wi th groundwater recharge such that there would be a net deficit in aquifer volu me or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted). This impact is considered less than significant, and no mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? The modified Project does not include any changes that would adversely affect groundwater supplies or interfere substantially with groundwater rechar ge, resulting in a new or more severe impacts.

Additionally, the reduction of the overall Project footprint and buildings would reduce the modified Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 622
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Project’s impervious footprint allowing groundwater recharge. Therefore, no major revisions to the Certified FEIR or new mitigation are required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
There have not been any changes in Project context or circumstances such that a new or more severe impacts pertaining to reduction in groundwater supplies would occur. The same requirements and standards discussed in previous analyses would sti ll apply to the modified Project. No new impacts or increase in the severity of previous impacts would result. Thus, no major revisions to the Certified FEIR or new mitigation are required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
No new information that was not known has become available that would cause the modified Project to reduce groundwater supplies or interfere with groundwater recharge. Therefore, no new or more severe impacts would result such that would require major revisions to the Certified FEIR or new mitigation.
c) Substantially alter the existing drainage pattern of the site or area, including the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
a. result in substantial erosion or siltation on- or off-site; ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite;
iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage system s or provide substantial additional sources of polluted runoff; or
iv) impede or redirect flood flows?
No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR
The project site currently includes a blue-line stream, which is an ephemeral dry wash where surface flows occur during larger storm events; approx imately 0.3 acres on-site would be under the jurisdiction of the USACE and approximately 1.13 acres would be under the jurisdiction of the CDFW.

The downstream outfall is discharged into an exis ting watercourse to the northeast of the section that is also an eventual tributary to Lake Elsinore and the Railroad Canyon Reservoir (Canyon Lake).

Upon modified Project buildout, the site would consist of approximately 83 percent impervious area in the form of rooftops, streets, sidewalks, and access roads. The modified Project would utilize subsurface drainage basins to mitigate the increas ed runoff that would result from this increase in on-site impervious conditions. These basins would pr ovide a total of 0.9 acre-feet, 1.2 acre-feet, and

0.6 acre-feet in order to reduce the Project buildo ut condition flow rate for the 10-year storm event for sub-areas B, C, and D, respectively. Sub-area A would discharge northward into the detention basin in the northern section.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 623
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S COTT ROAD COMMERCE CENTER PHASE II PROJECT 4 ‐ 6 1 F l o w s e n t e r i n g a n d e x i t i n g t h e p r o j e c t s i t e w o u l d b e c o l l e c t e d upstream along the western and southern boundaries of this section as well as from across Zeiders Road and would be conveyed through the subsurface storm drains into the existing flood plain area that is controlled by the existing reinforced concrete box at the northeast corner of the section. Stormwater flows collected near the northern portion of this section would be conveyed nor th to the main stormwater facility serving the northern section beneath Bailey Park Boulevard and would be subsequently to the existing Caltrans operated reinforced concrete box culvert. The s y s t e m w o u l d b e d e s i g n e d t o accommodate stormwater flows consistent with a 10‐year storm event.

Additionally, the modified Project w o u l d i n c l u d e a 1 6 , 4 5 8 s q u a re‐foot linear mitigation channel within the southern portion of the site to convey storm waters collected from the west and from the south of the project site. This channel would be located along the southern and eastern boundaries o f t h e p r o je c t si t e . Ri p r a p m a y b e i nst a l l e d a s a n e n e r gy di ssipater for stormwater flow along the preserved natural channel. Inclusion of this linear mitigation channel would contribute to fully mitigating impacts related to the alteration of the on‐site blue‐line stream. Through implementation of the drainage infrastructure d escribed above and the included mitigation measures, flows would b e d i s c h a r g e d a t v o l u m e s a n d v e l o c i t i e s t h a t w o u l d r e s e m b l e e x isting conditions. Therefore, the modified Project would not substantially alter the existing dra inage pattern of the project site are area, including through the alteration of the course of a strea m or river, in a manner which would result in substantial erosion or siltation on‐ or off‐site, and impacts related to this issued would be less than significant.

With implementation of the proposed drainage features and the mitigation measures included in the Certified FEIR, the proposed drainage system would adequately accommodate post‐Project flows and would ensure that post‐Project flows would not exceed existing flow levels. As discussed previously, compliance with existing NPDES requirements, Code requirements, and permit provisions would ensure that the modified Project’s impacts related to water quality would be less than significant. For these reasons, impacts related to storm drain capacity and additional sources of polluted runoff would be less than significant.

As discussed above, buildout of the modified Project would result in approximately 83 percent of the site being covered with impervious surfaces. Specifically, the modified Project would be developed over an existing on‐site blue‐line stream (an ephemeral dry was h) that conveys upstream stormwater flows from the south and west of the project site across the project site toward a Caltrans operated reinforced concrete box culvert near the northeast cor ner of the project site. This culvert subsequently conveys runoff under the I‐215 and away from the p roject area. This level of pervious surface reduction could result in flooding on‐ or off‐site. How ever, as discussed above, the modified Project would develop a storm drain system that would capture off‐site and on‐site runoff and convey i t t o w a r d a s t o r m d r a i n s y s t e m a l o n g B a i l e y P a r k B o u l e v a r d a n d away from the project site. The p r o p o s e d s t o r m d r a i n s y s t e m w o u l d u t i l i z e s u b s u r f a c e d r a i n a g e basins to mitigate the increased runoff levels that would result f rom the reduction in on‐site p ervious conditions. As proposed, the storm drain system would be able to accommodate the anticipated flow from a 10‐year storm event.

The proposed drainage system would thus improve the current flo oding conditions that result on‐ site and in the project vicinity thereby reducing the potential for on‐ or off‐site flooding. Therefore, the modified Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or r iver, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on‐ or off‐site. Impacts would be less than significant.

The proposed storm drain system to be included in the modified Project was analyzed to determine adequacy in accommodating future upstream and on‐site stormwater runoff volumes. Based on the Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 624
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stormwater runoff volumes, storm drains would be required in the following sizes and at the following locations: a four feet high by eight feet wide reinforced concrete box is required across the project site to intercept the off-site stormwater flows entering the project site from the south; a storm drain across Zeiders Road to collect the stormwat er runoff from a natural low point that would connect to the existing reinforced concrete box; a storm drain located at the southwest corner of the project site; catch basins to collect the on-site ru noff; and an extension of a storm drain from the northeastern corner of the project site down Bailey Park Boulevard. The proposed subsurface basins would mitigate the anticipated incre ased runoff levels for the 10-year design criteria as outlined by the RCFC & WCD. Therefore, the modified Project would not create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage system or provide substantial additional sources of polluted runoff. Impacts would be less than significant.

Substantial changes proposed in Project, which will require major revisions to the EIR? The modified Project does not include any change s that would adversely affect downstream (or upstream) drainage improvements or properties. Th e modified Project includes a linear mitigation channel and riprap installed as an energy dissipater for stormwater flow along the preserved natural channel. Also, the reduction of the overall Projec t footprint and number of buildings would reduce the modified Project’s impervious footprint and runoff. Therefore, the Project would not result in a new impact or increase the severity of previous impacts such that major revisions to the Certified FEIR or new mitigation are required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
As stated above, the modified Project does not include any changes that would adversely affect downstream (or upstream) drainage improvements or properties. Thus, no changes in circumstances have occurred that would result in significant adverse impacts, requirin g major revisions to the Certified FEIR and new mitigation.

New information (which was not known and could not have been known at the time the EIR was certified) available?
No new information that was not known has become available that would cause the modified Project to create an adverse hydrologic condition. The preliminary storm drainage plans, hydrology and WQMP reports are sufficient to demonstrate that the proposed development would address drainage quality and quantity and would not result in new impacts or increase the severity of previous impacts that would require major revisions to the Certified FEIR or new mitigation. d) I n f l o o d h a z a r d , t s u n a m i , o r s e i c h e z o n e s , r i s k r e l e a s e o f p o l l u t a n t s d u e t o p r o j e c t inundation?
No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR
The project site is not located near any standing bodies of water. Additionally, the project site and surrounding areas are relatively flat. Therefore, th e modified Project would not be subject to flood hazards, such as tsunami, seiche, or the release of pollutants due to project inundation. No impacts would occur, and no mitigation is required.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 625
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Substantial changes proposed in Project, which will require major revisions to the EIR? The modified Project does not include any substantial changes that would adversely affect downstream (or upstream) drainage improvements or properties. Also, the reduction of the overall Project footprint and number of buildings would reduce the modified Project’s impervious footprint and runoff. Thus, no new or more severe impacts would result that would require major revisions to the Certified FEIR or new mitigation.

New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information that was not previous known that would cause the modified Project to create an adverse hydrologic condition. The pr eliminary storm drain plans, hydrology and WQMP reports are sufficient to demonstrate that the proposed development would address drainage quality and quantity and would not result in new impacts that would require major revisions to the Certified FEIR or new mitigation.

LAND USE AND PLANNING
Certified FEIR
The Certified FEIR evaluated potential impacts associ ated with proposed land use changes, as well as consistency with applicable plans and policies. Zoning at the project site prior to development included: I-P, A-1-10, and M-SC. A-1-10 zoning conflicted with the land use designation for the project site. However, considering land use designations surrounding the parcel, the Certified FEIR determined that the intended use for the project si te was light industrial rather than agriculture.

Thus, the project was determined to be consistent with the site’s existing and proposed zoning.

The Certified FEIR determined that the project was consistent with the Area Plan, SCAG, and the majority of the General Plan poli cies. The Certified FEIR evaluated consistency with policies from local planning documents and did not identify any significant impacts associated with open space or conservation policies, grading standards, protecti on of scenic resources, drainage, inundation, and hazards.

The Certified FEIR identified air quality impacts re lated to sensitive receptors. These impacts were determined to be potentially inconsistent with General Plan policies. The FEIR designated these impacts as significant and unavoidable.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 626
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4-64 S COTT ROAD COMMERCE CENTER PHASE II PROJECT
Consistency Evaluation
Would the Project:
a) Physically divide an established community?
No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR
The modified Project includes development of an industrial park on a site that is designated for light industrial uses and is adjacent to existing roadways. The area is sparsely developed, and the modified Project would not disrupt or displace any established land uses or communities. The modified Project would not result in any impacts o ff site that would displace or di vide an existing community. These conditions have not changed and there would be no impacts, and no mitigation is required.

Substantial changes proposed in Project which will require major revisions to the EIR? The Project would not divide an established community. There are no substantial changes in the modified Project that would result in new or more severe impacts that would require revisions to the Certified FEIR or new mitigation.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The Project area is generally sparsely developed, and the modified Projec t would not disrupt or displace any established land uses or communities. The introduction of development associated with the modified Project would not be a substantial change in circumstances as it pertains to dividing an established community and no revisions to the Certified FEIR or new mitigation are required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
As previously stated, the modified Project includes de velopment of an industrial park on a site that i s d e s i g n a t ed f o r s u c h u s e s a n d i s a d j a c e n t t o ex i s t i n g r o a d w a y s . T h e mo d i f i e d P r o j ec t w o u l d n ot divide an existing community and no new information is available that would result in a new impact or increase the severity of previo us impacts requiring major revisions to the Certified FEIR or new mitigation.
b) 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? No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR
The modified Project is consistent with the existing land use designation for the site. The modified Project is consistent with all applicable polices of the Area Plan and SCAG and consistent with the majority of the General Plan policies. The existing drainage area would be eliminated with development of the Project. However, a new drainage area would be developed in the eastern portion of the site, along with revegetation, in confor mance to the permit requirements of the CDFW.

Additionally, as discussed in the Hydrology and Wa ter Quality section of the Certified FEIR, the proposed drainage would be adequate to accomm odate post-project flows. Thus, no new or more severe environmental impacts would occur and no new mitigation is required.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 627
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Substantial changes proposed in Project which will require major revisions to the EIR? As noted above, the modified Project is consistent with the existing land use designation for the site.

There are no substantial changes in the modified Project that would result in new or more severe impacts that would require major revisions to the Certified FEIR and no new mitigation.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
As noted above, the modified Project is consistent with the existing land use designation for the site.

There have not been any changes in Project context or circumstances such that a new or more severe impact would occur. Thus, no major revisions to the Certified FEIR or new mitigation are required.

Based on the review of applicable documents, the Pr oject would not result in new or more severe impacts due to a conflict with any policies and regulations that serve to reduce environmental impacts.

New information (which was not known and could not have been known at the time the EIR was certified) available?
As discussed above, new planning programs have been adopted and updated since the FEIR was certified; however, the Project would be required to comply with the programs. None of these updates provide new information relevant to potential impacts or mitigation measures that were not known at the time FEIR was certified. Constraints associated with the site identified by the City (e.g., liquefaction and dam inundation), were also identifi ed in the County of Riverside General Plan and evaluated in the Certified FEIR. Therefore, this does not represent new information. No new impacts would occur that would require major revisions to the Certified FEIR and new mitigation.

MINERAL RESOURCES
Certified FEIR
The project site is in Mineral Resource Zone 3a (MRZ-3a), which is designated as an area where the available geologic information indicates that mineral deposits are likely to exist. However, figure OS- 5 in the RCIP shows that MRZ-3a covers thousands of acres in the County. Given that these potential mineral resources are likely available throughout the County, the Certified FEIR determined that the development of the project site would not substantially affect the availability of any mineral deposits beneath the site.

The Certified FEIR determined that the project would not result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan, as the project site is not delineated at mineral resource recovery sites.

No areas near the project site are designated as or are proposed as surface mining areas. Thus, the Certified FEIR determined that the project would not be an incompatible land use located adjacent to a State classified or designated area or existing surface mine.

There are no quarries or mines on the project site , and none is proposed. Therefore, the Certified FEIR found that the project would not expose people or property to hazards from proposed, existing or abandoned quarries or mines.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 628
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Consistency Evaluation
Would the Project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b) Result in the loss of availability of a loca lly-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
Based on the Certified FEIR, the project site is in Mineral Resource Zone 3a (MRZ-3a), which is designated as an area where the available geologic information indicates that mineral deposits are likely to exist; however, the sign ificance of the deposit is undete rmined. Development of the project site would not substantially affect the availability of any mineral deposits beneath the site, given that these potential mineral resources are likely available throughout the County. Thus, the modified Project would not result in the loss of availability of a known mineral resource in an area classified or designated by the State that would be of value to the region or the residents of the State. Therefore, impacts related to this issue would be less than significant.

The project site is not delineated at mineral resource recovery sites. Therefore, the modified Project would not result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan.

No areas near the project site are designated as or are proposed as surface mining areas. Therefore, the modified Project would not be an incompatible land use located adjacent to a State classified or designated area or existing surface mine. There are no quarries or mines on the project site, and there are no proposed quarries or mines. Therefore, the modified Project would not expose people or property to hazards from proposed, existing or abandoned quarries or mines. Implementation of the modified Project would not result in a new or more severe impact, and no mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? The modified Project is substantially the same as was previously proposed, except for a reduction in the overall Project footprint and number of buildings. Based on the discussion above, the modified Project does not propose changes that would result in a new or more severe impacts related to loss of known or locally-important mineral resources that was not previously anticipated. Therefore, no substantial changes to the Certified FEIR are required, and no new mitigation is required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The context and circumstances for the modified Proj ect have not changed since it was analyzed in the previous environmental documents, and it wa s determined that less th an significant impacts would result with Project implementation. In ligh t of the discussion above, the modified Project would not result in potential impacts pertaining to mineral resources that would require mitigation.

As such, no substantial revisions to the Certified FEIR or new mitigation would be required.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 629
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New information (which was not known and could not have been known at the time the EIR was certified) available?
No new information has become available that was not previously known related to mineral resources that would result in a ne w significant impact or increase the severity of previous impacts.

Therefore, the modified Project would not require mitigation or major revisions to the Certified FEIR.

NOISE
Certified FEIR
As disclosed within the Certified FEIR, noise-relat ed impacts would be generated from both short- term and long-term sources. The short-term noise sources are from construction-related activities during the development of the approved Project. The Certified FEIR analyzed construction noise impacts to the nearest single-family residences, wh ich were located to the west and south of the Project site (approximately 200 feet from the Projec t site boundary). During construction, the noise levels at nearby residences would exceed the City Noise Ordinance “Conditionally Significant” noise level of 50-60 dBA CNEL for single family residentia l units. This was determined to be a potentially significant impact. Therefore, the Certified FEIR required implementation of MM IV.I-1 through MM IV.I-4 to reduce construction noise to a less than significant level. MM IV.I-1 and MM IV.I-2 require that construction activities be limited to certain ho urs of the day and week. MM IV.I-3 requires that all construction vehicles shall be equipped with properly operating and maintained mufflers, and MM IV.I-4 requires that staging areas shall be located as far away as possible from vibration-sensitive uses. With implementation of the above mitigation measures, temporary or periodic increases in ambient noise levels related to project related construction activities was determined to be less than significant.

Construction activities associated with the approv ed Project were evaluated for impacts related to construction generated vibration to existing off-si te sensitive receptors to the Project site, which includes the scattered residences located to the west and northwest of the Project site, across Zeiders Road, to the northeast of the Project site, along Ba iley Park Boulevard, and to the south, north of Annie Lu Circle. Based on a distance of 200 feet to the nearest off-site sensitive receptor, the vibration levels at the existing off-site sensitive receptors to the Project site would not exceed the City’s 0.01 peak particle velocity (PPV) threshold, and impacts were determined to be le ss than significant. To further ensure that the vibration levels would be minimized at these off-site sensitive receptors, MM IV.I-4 was required, which required that the operation of vibration-generating equipment be located as far away from vibration-sensitive sites as possible.

Operational, long-term noise was anticipated to occur but was determined to be less than significant with mitigation. For operational vehicular noise, al though the increase in noise level at the segment of Zeiders Road, between Scott Road and Bailey Park Boulevard access would exceed the existing roadway noise level by five (5) dBA, the noise level on this segment, as well as others that exceed a 5 dBA increase in noise, would not exceed the City Noise Ordinance “Conditionally Significant” noise level of 50 – 60 dBA CNEL for si ngle family residential units. Noise associated with delivery vehicles/loading docks, filtering and pumping equipment, and rooftop heating, ventilation, and air condition (HVAC) systems were determined to be less than significant with compliance of the polices in the Noise Element of the City’s General Plan pert aining to stationary noise sources. The Certified FEIR required the following mitigation measures to further ensure reduced impacts. MM IV.I-5 required that facility-related noise shall not exceed certain noise levels during operation. MM IV.I-6 and MM IV.I-7 placed restrictions on HVAC sound power levels and locations. MM IV.I-8 required that Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 630
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delivery truck noise shall be redu ced by minimizing engine idling time and limiting hours of truck deliveries and trash compactor activities to the hours between 7 AM and 10 PM.

As stated in the Initial Study for the Certified FE IR, the approved Project is not located within the vicinity of a private airstrip, airport land use plan, or within two miles of a public airport. Therefore, the modified Project would also not expose people residing or working the Project area to excessive noise levels associated with an airport.

Consistency Evaluation
Would the Project:
a) Generation of a substantial temporary or perm anent increase in ambient noise levels in the vicinity of the project in excess of stan dards established in the local general plan or noise ordinance, or applicable standards of other agencies? Short-term, temporary construction noise would be generated on-site by construction equipment during site preparation, grading, and building construction activities. The nearest noise-sensitive receptors would be residential uses to the west of the Project site which are approximately 200 feet at their closest point to the Project site, as was analyzed for the approved Project. The degree to which noise-sensitive receptors are affected by construc tion activities depends heavily on their proximity.

Construction of the modified Project would not be appreciably different than what was analyzed for the Certified FEIR. It is likely that, due to redu ced square footage of proposed uses and reduced number of buildings, the intensity and dura tion of construction would be reduced with implementation of the modified Project. Short-term construction noise also would be generated on local roadways by workers commuting to and from the job site and delivering construction materials, as was assumed in the Certified FEIR analysis. Cons truction activity would be restricted to the days and times allowed in the Section 9.210.060, Noise Control Regulations of the City’s Municipal Code.

Because construction would occur only during the da ytime hours when people are less sensitive to noise, the magnitude of noise is not generally considered excessive and would represent a short-term, temporary impact, the impact would be less than significant, an d no mitigation beyond those identified in the Certified FEIR would be required. The impacts identified for the modified Project would not be greater than those identified in the Certified FEIR for the Project site; therefore, the modified Project would not create a new significant impact or a substantial increase in the severity of previously identified effects.

Consistent with the approved Project, noise asso c i a t e d w i t h H V A C i s r e g u l a t e d u n d e r t h e C i t y ’ s Municipal Code. The selection of HV AC units for the Project would be required to comply with the City’s requirements. Compliance with the City’s noise limit is mandatory, and compliance with the noise limit would result in acceptab le levels of noise levels. As such, the Project would comply with the City’s limitations on noise generation from HVAC equipment which woul d result in less than significant noise impacts. Daily operation of the Pr oject would likely result in less noise impacts to sensitive receptors than previously analyzed, as the square footage for the modified Project would be reduced by approximately 12 percent (when comp ared to the trips for the South Parcel for the approved Project) and with the associated reducti on in daily vehicle trip generation. Land uses for the modified Project would be consistent with th e approved Project and building footprints and loading areas would not be situated closer to se nsitive receptors than previously analyzed. The reduction in trips would also result in a reduction of traffic noise associated with the Project.

Consequently, a 37 percent reduction in daily ve hicle trips would ultimately reduce the primary source of long-term impacts and would therefore not cause new or more severe operational noise impacts than was previously analyzed for the approved Project. Because the modified Project would Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 631
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not exceed the projected amount of development anticipated to occur as a result of the approved Project, the traffic volumes and the associated tr affic noise impacts associated with the modified Project would not exceed what was evaluated in the Certified FEIR. In addition, the future incorporation of electric vehicles for passenger and heavy-duty trucks at the Project site would result in less vehicle related noise than what was estima ted for the approved Project. Consequently, the modified Project would result in less traffic noise than what was previously disclosed in the Certified FEIR. As such, the modified Project would not cause new or more severe impacts pertaining to temporary or permanent increase in ambient noise leve ls in the vicinity of the Project in excess of City or other agency standards, and no mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? The modified Project has not substantially change d. The Project reduces the square footage of development, which would reduce the density and intensity throughout the site; this would also minimally reduce the noise levels for construction and operation of the Project. No changes above and beyond what was analyzed in the Certified FEIR are proposed that would result in significant new or more severe impacts pertaining to temporary or permanent increase in ambient noise levels in the vicinity of the Project. Thus, major revisions of the Certified FEIR are not required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The reduction in the amount of de velopment associated with the modified Project may result in a minor reduction in overall noise intensity and construction duration and would not exceed what was analyzed in the Certified FEIR. Because there would not be an increase in construction activities, the Project would not cause new or more severe impacts for construction noise.

The long-term operational noise levels associated with the Project would also be less than what was previously evaluated in Certified FEIR. As discussed previously, the reduction in the proposed square footage would result in a 37 percent reduction in tr affic volumes generated by the modified Project.

This would result in a reduction of traffic noise le vels attributable to the Project. In addition, the future incorporation of electric passenger cars and heavy-duty trucks wo uld likewise result in reductions in project generated noise levels . There are no changes in Project context or circumstances beyond what was previously anticipated and analyzed that would result in new or more severe impacts pertaining to temporary or permanent increase in ambi ent noise levels in the vicinity of the Project. Thus, no major revisions to the Certified FEIR or new mitigation are required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information, which was not known and could not have been known at the time the FEIR was certified. The Project would not cause new or more severe impacts pertaining to temporary or permanent increases in ambient noise levels in the vicinity of the project in excess of standards established in the Noise Element of the General Pl an, or the City’s noise ordinances. Thus, no major revisions to the Certified FEIR are required.
b) Generation of excessive groundborne vibration or groundborne noise levels? As previously noted, the proposed Project would resu lt in a reduction in the square footage of uses compared to what was analyzed for the approved Project. The reduction in square footage would not substantially change the vibration levels generated by the Project si nce this would li kely not affect the number of construction equipment, which are the primary sources of vibration. Land uses would Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 632
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not be situated closer to sensitive receptors as a result of the modified Project, and no new sensitive receptors are situated closer to the Project site than previously anticipated for the approved Project.

Because there would not be a substantive change in construction activities related to vibration, the Project would not cause new or more severe impacts for construction vibration.

The operations of the modified Project would not require any equipment or process that would generate substantial levels of vi bration, especially that which would be different than what was analyzed in the Certified FEIR. In addition, the ne arest vibration sensitive uses are residential uses located at least 200 feet away which would attenuate vibration generated by the modified Project.

Substantial changes proposed in Project, which will require major revisions to the EIR? The proposed Project has not substantially changed from what was evaluated in the Certified FEIR.

The Project would result in comparable or less vi bration from construction compared to what was previously analyzed. There would be no new areas of heavy construction equipment use proposed as part of the Project that would bring vibration generating construction activities closer to offsite uses, and land uses would not be situated close r to sensitive receptors when compared to the approved Project. As stated ab ove, construction and operations phase vibration would be the same or less than what was disclosed in the Certified FEIR. Consequently, there are no substantial changes proposed in Project that will require major revisions to the Certified FEIR.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
Development of the approved Project has occurred in accordance with the provisions of the Certified FEIR. The Project would result in less square footage compared to what was analyzed in the Certified FEIR. This would result in the same or less Proj ect-related vibration levels than was previously disclosed in those documents. There are no other changes in circumstances that substantively affect noise and vibration levels attributable to the Project. As such, there are no substantial changes in the circumstances under which the Project is being unde rtaken that will requir e major revisions of the Certified FEIR.

New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information, which was not known and could not have been known at the time the FEIR was certified, that would change the findings of impact for the previous analyses or render the significant impacts more severe as it relates to Project noise or vibration levels. Therefore, no major revisions to the Certified FEIR and no new mitigation are required. c) For a project located wi thin the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project expose people residing or working in the project area to excessive noise levels?
As stated in the Initial Study for the Certified FE IR, the approved Project is not located within the vicinity of a private airstrip, airport land use plan, or within two miles of a public airport. Therefore, the approved Project would not expose people residing or working the Project area to excessive noise levels associated with an airport. The modified Project would not change the location of proposed buildings such that it would be within two miles of land uses that support aircraft. As such, the modified Project would not result in new or more severe impacts than was disclosed in the Certified FEIR. No impacts would result, and no mitigation is required.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 633
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Substantial changes proposed in Project, which will require major revisions to the EIR? As discussed above, the modified Project has not significantly changed relative to aircraft noise exposure. No changes above and beyond what was an alyzed in the Certified FEIR are proposed that would result in significant new or more severe impacts on people residing or working in the Project area requiring mitigation. Thus, major revisions of the Certified FEIR are not required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
As discussed above, the modified Project has not significantly change d relative to relative aircraft noise exposure. No changes in Project context or circumstances beyond what was anticipated and analyzed in the Certified FEIR have occurred that would result in new or more severe impacts pertaining to Project site noise exposure from aircraft. Thus, no major revisions of the Certified FEIR or new mitigation are required.

POPULATION AND HOUSING
Certified FEIR
According to the Certified FEIR, no residential units would be removed, and no persons would be displaced as a result of the project or associ ated improvements. Additi onally, ample housing is available throughout unincorporated Riverside County. Therefore, the Certified FEIR determined impacts related to housing and displacement as less than significant.

The project would not induce substantial population growth by proposing new development in the project area. However, the project would indirectly induce population growth through the extension of roads and infrastructure. Road improvements a ssociated with the project could result in low density agricultural lands to be converted to higher density commercial and residential uses.

However, the project site and adjacent land s are located within a Community Development Foundation Component. Because of this, it is assumed that the County intends for future land uses to have higher densities in contrast to the low densit ies of the predominantly agricultural lands in the project vicinity. As such, the Certified FEIR dete rmined impacts to population as a result of infrastructure improvements to be less than significant.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 634
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Consistency Evaluation
Would the Project:
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR
The modified Project would not induce substantial population growth by proposing new development in the Project area. The modified Pr oject could indirectly induce minor population growth. However, such growth would be less than what was anticipated in the Certified FEIR given the reduction in project square footage. No new or more severe impacts would occur, and no new mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? Although the modified Project does not include housing that would directly impact growth in the project area, road and infrastructure improvements associated with the modified Project could result in indirect growth inducing impa cts. However, these impacts woul d be reduced compared to what was analyzed in the Certified FEIR, given the de crease in development. No new or more severe impacts would occur, and no new mitigation is required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
As previously discussed, the modified Project does not include housing that would directly impact growth in the project area and indirect growth would be less than what was analyzed in the Certified FEIR. No new or more severe impacts would occur, and no new mitigation is required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information pertaining to population and housing. Thus, no major revisions to the Certified FEIR or new mitigation are required.
b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR
The project site is currently undeveloped and ther e is no housing and associated population that would be displaced as a result of the modified Project. This condition has not changed from when the Certified FEIR was prepared. Therefore, no impacts would occur, and no mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? There are no substantial changes in the modified Project that would result in impacts on existing people or housing. The modified Project includes a reduction in the overall Project footprint and Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 635
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number of buildings. Therefore, there would be no new or more severe impacts that would necessitate major revisions to the Certified FEIR or require new mitigation.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
There are no substantial changes in circumstances since FEIR was certifie d. Development of the modified Project would not result in the displacement of housing and associated population.

Therefore, there would be no new or more severe impacts that would necessitate major revisions to the Certified FEIR or require new mitigation.

New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information pertaining to the displacement of people or housing since the FEIR was certified. Therefore, no new or more severe im pacts would result that would necessitate major revisions to the Certified FEIR or require new mitigation.

PUBLIC SERVICES
Certified FEIR
The City of Menifee contracts with the County of Riverside for fire protection services from CAL FIRE and the City of Menifee municipal Police Department provides police protection services to the Commerce Pointe project site. The Certified FEIR determined that the project would not result in substantial adverse physical impacts associated wi th the provision of new or physically altered governmental facilities in order to maintain ac ceptable service ratios, response times, or other performance objectives for police protection, schools, libraries, or health services.

Development of the project would result in an increased presence of structures and employees at the site. These new structures, people, and activities on the project site could result in additional calls for fire protection, police protection, and emergency medical services in and around the project site.

Additionally, the development of the project in addition to related projects may result in a cumulative amount of development that meets the criteria necessary to require the construction of a new fire station or acquisition of an additional engine co mpany as outlined in the Riverside County Fire Protection Master Plan. Thus, in accordance with City Ordinance No. 659 (the Development Impact Fee program) the developer shall pay fees for future fire facilities. The Certified FEIR determined that in compliance with this program impacts would be reduced to less than significant.

The project site is located within a “Hazardous Fire Area” of Riverside County. According to the Riverside County Fire Protection Master Plan (RCF PMP), the project site is considered Category 1- “Heavy Urban” development. The RCFPMP specifies that a full-alarm assignment be operating on the fire ground within ten minutes and the responding fire station to be located within three miles.

Station No. 68, the primary station serving the project site, would be within the three-mile objective, and would have a response time of five to six minutes after dispatch. Therefore, the Certified FEIR determined that that implementation of the project would not result in the need for new or altered fire protection facilities.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 636
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Consistency Evaluation
Would the Project:
a) Result in substantial adverse physical impa cts 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:
i) Fire protection?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
While the City of Menifee owns the four fire stations located within the City limits, fire protection services to the City, including the project site, are under contracted fire services with the Riverside County for CAL FIRE services (Barnett 2021). There are three existing fire stations that would provide initial response to calls for fire protecti on and emergency medical services in the project area. In order of response priority, the project site is within the service area of the following stations:
• Station 68 (Menifee Station), located at 26020 Wickerd Road; • Station 76 (Menifee Lakes Station) located at 29950 Menifee Road; and • Station 7 (Sun City Station) located at 28349 Bradley Road in Sun City.

The project site is located approximately 1.1 mile s from Station 68, which has one engine company (Type I engine) staffed by three personnel (captain, fire engineer, and a firefighter). Station 76 has an engine company with three personnel, and a truck company with four additional personnel.

Station 7 also has an engine company with three personnel, and a Type VI engine with two personnel.

All three of the above-mentioned fire stations are staffed full-time, 24 hours per day, seven days per week, with a minimum three-person crew including paramedics and structural firefighting apparatus. The Riverside Unit of the California Departme nt of Forestry and Fire Protection (CAL FIRE), with headquarters in Perris, also provides service to 3.57 million acres of unincorporated areas of Riverside County as well as 20 contract cities and one Communit y Service District. The County of Riverside contracts with CAL FIRE for career staffing, supervision and support services to provide county-wide fire and emergency medical services.

The modified Project would result in a reduction in the overall Project footprint. This modification would not substantially change the response time from the fire station to the project site, therefore, there would be no need for new or physically al tered governmental facili ties, the construction of which could cause significant envi ronmental impacts. Therefore, th e physical impacts associated with providing fire services would remain unchanged, and no new mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? The modified Project would not result in a subs tantial change from what was evaluated in the Certified FEIR, with the exception of reduction in the overall Project footprint. The reduction in buildings may result in reduced demand for fire services; however, it would not change the response time. Therefore, no new changes are proposed by the modified Project that would result in a new or more severe impact than what was previously addressed. Major revisions to Certified FEIR and new mitigation are not required.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 637
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Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
No changes have occurred in the c ontext or circumstances to the modified Project that would result in new or more severe significant impacts beyond what was analyzed for fire protection services in the Certified FEIR. Therefore, in light of no chan ges to the circumstances, no major revisions to the Certified FEIR or new mitigation would be required.

Therefore, no major changes to the Certified FEIR and new mitigation would be required. ii) Police protection?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
At the time the Draft EIR was prepared, the Rive rside County Sheriff’s Department would provide police protection services to the City of Menifee, including the project site. However, beginning July 1, 2020 the City of Menifee opened its own municipal Police Department and no longer contracts with the County of Riverside for these services. The Menifee Police Station is located at 29714 Haun Road, Menifee and is currently staffed with 89 sworn and professional personnel (Sik 2021).The Operations Division of the Menifee Police Department (MPD) includes Patrol, SWAT, Traffic, and K9 units and consists of four geographic patrol beats. The modi fied Project is within Beat 3 (ME300). Six patrol teams are assigned to the geographic beats in order to provide first level police service to the City and handle emergency calls 24 hours a day.

The modified Project would result in a reduction in developed square footag e and it is anticipated that the City’s current police facilities would be sufficient to accommodate the personnel required to service the project site. There would be no need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts. Therefore, the physical impacts associated with providing police services would remain unchanged and no new mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? The modified Project would not result in a subs tantial change from what was evaluated in the Certified FEIR, with the exception of reduction in the overall Project footprint. The reduction in buildings would result in reduced demand for sheriff’s deputies comparted to what was analyzed in the previous environmental documents. There would be no new facilities required to provide the necessary services. Therefore, the impacts pertaining to police protection services associated with implementing the modified Project would not result in a new impact or mo re severe impact than what was previously addressed. Major revisions to Certified FEIR and new mitigation are not required.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 638
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Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
In light of reduction in square footage and number of buildings, the demand for Sheriff’s deputies may slightly reduce. The existing Sheriff’s Department facilities are able to accommodate this planned population growth. No new impacts or incre ase in the severity of previous impacts would occur. Therefore, no major revisions to the Certified FEIR and new mitigation would be required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
As stated above, the demand for Sheriff’s deputies is also slightly reduced. The existing Sheriff’s Department facilities are able to accommodate this planned population growth. No new information that was not previously known is available that would result in a new or more severe impacts requiring mitigation and major changes to the Certified FEIR. iii) Schools?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
The modified Project does not include the development of residential land uses, and thus, would not result in the generation of school-aged children. Additionally, as required by California Senate Bill 50, the Project Applicant would be required to pay develo per fees to the local school district to account for any indirect impacts that could be caused by developing new employmen t opportunities in the County. Therefore, impacts related to school se rvices would be less than significant, and no mitigation is required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The modified Project does not include the development of residential land uses, and thus, would not result in the direct generation of school-aged ch ildren. No changes in circumstances have occurred that would result in new significant impacts or in crease the severity of prev ious impacts. Thus, no major revisions to the Certified FEIR and new mitigation would be required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
As identified in the discussion an d the response above, the modified Project has not substantially changed, with the exception of a reduction in the overall Project footprint and number of buildings, that would create a new or more severe impacts. No new information that was not previously known is available that would result in a new or more severe impacts requirin g mitigation and major revisions to the Certified FEIR.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 639
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i) Parks?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
The modified Project does not include the deve lopment of residential land uses. Employees associated with the modified Project would likely visit parks and recreationa l facilities near their places of residency and not their place of employ ment. Additionally, the modified Project does not include development of recreational facilities. Impacts related to parks would be less than significant, and no mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? The modified Project does not include the development of residential land uses. There is not a substantial change in the Project from what was evaluated in the Certified FEIR that would result in a new significant impact or increase the severity of previous impacts. Therefore, the impacts pertaining to park and recreatio n associated with implementing the modified Project would not require major revisions to Certified FEIR or new mitigation.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
No changes have occurred in the c ontext or circumstances to the modified Project that would result in new or more severe significant impacts beyond what was analyzed in the Certified FEIR. Therefore, in light of no changes to the circumstances, no major revisions to the Certified FEIR or new mitigation would be required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
As identified in the discussion and the response above, the modified Project does not include the development of residential land us es. No new information that was not previously analyzed in the Certified FEIR is available that would result in a new or more se vere impacts requiring mitigation and major revisions to the Certified FEIR.
vi) Other public facilities?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
Employees associated with the modified Project would likely patronize libraries near their places of residency and not their place of employment. Impact s related to library services would be less than significant, and no mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? The modified Project does not include substantia l changes, except reduced square footage and number of buildings, that would result in new im pacts or increase the severity of previous impacts pertaining to library services requiring mitigation . Thus, major revisions of the Certified FEIR and new mitigation are not required.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 640
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Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
No changes in Project context or circumstances beyond what was anticipated and analyzed in the Certified FEIR have occurred that would result in new or more seve re impacts pertaining to library facilities and services. Thus, no major revisions of the Certified FEIR or new mitigation are required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
No new information that was not known before is available that would change the findings of the previous analyses or render the significant impacts more severe. Therefore, no major revisions to the Certified FEIR or new mitigation are required.

RECREATION
Certified FEIR
As discussed in the Certified FEIR, the project would not include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. Additionally, the project would not include the use of existing neighborhood or regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. The project site is not located within a C.S.A. or recreation and park district with a Community Parks and Recreati on Plan (Quimby fees). Therefore, the Certified FEIR determined all impacts related to the latter as less than significant.

The Certified FEIR identified potential impacts on adjacent recreational trails. According to the RCIP, there is a recreational trail planned for the west side of Zeiders Road between Scott and Keller Roads.

Implementation of the project would not affect this trail; however, the Project Applicant would be required to develop a Class 1 Bike Trail routed along the east side of Zeiders Road. The Certified FEIR determined impacts related to recreational trails as less than significant.

Consistency Evaluation
Would the Project:
a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical dete rioration of the facility would occur or be accelerated?
b) Include recreational facilities or require th e construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
The modified Project would not include recreati onal facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment.

Additionally, the modified Project would not include the use of existing neighborhood or regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. The project site is not loca ted within a C.S.A. or recreation and park district Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 641
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S COTT ROAD COMMERCE CENTER PHASE II PROJECT 4-79
with a Community Parks and Recreation Plan (Quimby fees). Therefore, impacts to parks would be less than significant.

According to the RCIP, there is a recreational trail planned for the west side of Zeiders Road between Scott and Keller Roads. Implementation of the modified Project would not affect this trail; however, the Project Applicant would be required to develop a Class 1 Bike Trail along the east side of Zeiders Road. Impacts related to recreational trails would be less than significant.

Substantial changes proposed in Project, which will require major revisions to the EIR? The modified Project proposes construction of a re duced square footage light industrial and office development. There is not a substantial change in the modified Project from what was evaluated in the Certified FEIR. Therefore, the impacts pertai ning to parks and other recreational facilities associated with implementing the modified Project would not result in a new impact or more severe impact than what was previously addressed. Major revisions to the Certified FEIR or new mitigation are not required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
No changes have occurred in the c ontext or circumstances to the modified Project that would result in new or more severe impacts beyond what was analyzed in the Certified FEIR. Therefore, in light of no changes to the circumstances, no major revisions to the Certified FEIR and new mitigation would be required.

TRANSPORTATION
Certified FEIR
The approved Project was projected to generate approximately 6,080 net trip-ends per day, with 803 net vehicles per hour during the AM peak hour and 855 net vehicles per hour during the PM peak hour. As stated in the Certified FEIR, as a result of the approved Project, seven of the 16 study intersections are projected to operate at an unacce ptable level-of-service (LOS), including Murrieta Road at Scott Road, Zeiders Road/Haun Road at Sc ott Road, I-215 South Bound Ramp at Scott Road, I-215 North Bound Ramp at Scott Ro ad, Antelope Road at Scott Road , Antelope Road at Keller Road, and Antelope Road at Clinton Keith Road. Therefor e, project-specific impacts related to LOS were determined be significant and un avoidable. Cumulative impacts we re determined to be less than significant with implementation of MMs IV.K-1, and MM I V . K - 5 t h r o u g h M M IV.K-7, which would reduce the significant cumulative impacts at the intersections of Murrieta Road at Scott Road, Antelope Road at Scott Road, Antelope Road at Keller Road, and Antelope Road at Clinton Keith Road.

Implementation of Mitigation Measures MM IV.K-2 through MM IV.K-4 would partially mitigate the significant impacts at Zeiders Road/Haun Road at Scott Road, I-215 Southbound Ramps at Scott Road, and I-215 Northbound Ramps at Scott Road, respectively.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 642
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4‐80 S COTT ROAD COMMERCE CENTER PHASE II PROJECT
A s d i s c u s s e d i n t h e I n i t i a l S t u d y t o t h e C e r t i f i e d F E I R , t h e p roposed Zeiders Road improvements would take place prior to construction of the industrial parks for the approved Project. This would relieve congestion in the project area that was present under existing conditions. Additionally, these improvements would lessen the effects of construction of the project on nearby roadways. At the t i m e o f F E I R p r e p a r a t i o n , Z e i d e r s Road was an unimproved dirt r oad which did not handle a substantial traffic load. Construction of the approved Project was anticipated to require temporary land closures and/or rerouting. However, traffic circulation in the project area would not be substantially affected. Therefore, impacts related to circulati on during construction was deemed to b e l e s s t h a n s i g n i f i c a n t . E m e r gency access to the project site was anticipated to be designed and constructed in accordance with all County Fire and Sheriff Depa rtment requirements. Additionally, the approved Project would not affect access to nearby uses. Th erefore, impacts related to access would be less than significant.

Consistency Evaluation
Would the Project:
a) Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
Construction traffic would be consistent with or less than that analyzed in the Certified FEIR, due to similar land use characteristics, reduced square footage of land uses, and the same Project site location. As discussed in the Initial Study, the design and construction of the approved Project would be conducted in compliance with all applicable policies support ing alternative transportation.

Therefore, impacts related to this issue were determined to be less than significant for the Certified FEIR. The trip generation for the modified Project was estimated using the Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition, as shown i n T a b l e 1 0 , T r i p G e n e r a t i o n — Modified Project. Because the exact uses/occupants are not know n at this time, all of the industrial spaces were assumed to be general light industrial. Other uses which may be on site, such as manufacturing or warehousing, have lower trip generation rates per the ITE Manual. Therefore, the trip generation calculated for the modified Project is assumed to be conservative.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 643
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TABLE 10
TRIP GENERATION – MODIFIED PROJECT
LU 710 – Office
1,000 SF 37.5
Period Trips/Unit Trips % In % Out Trips In Trips Out
AM Peak 1.16 44 86% 14% 37 6
PM Peak 1.15 43 16% 84% 7 36
Daily 9.74 365 50% 50% 183 183
LU 110-General Light Industrial
1,000 SF 506.615
Period Trips/Unit Trips % In % Out Trips In Trips Out
AM Peak 0.70 355 88% 12% 312 43
PM Peak 0.63 319 13% 87% 41 278
Daily 4.96 2,513 50% 50% 1,256 1,256
TOTAL
Period Trips Trips In Trips Out
AM Peak 398 349 49
PM Peak 362 48 314
Daily 2,878 1,439 1,439
Source: Psomas 2021.

TABLE 11

NET NEW SITE TRIPS

As shown in Table 10, the modified Project is expected to generate 2,878 daily trips, including 398 in the AM peak hour and 362 in the PM peak hour. According to the Commerce Pointe & II Traffic Impact Study, the approved Project (Commerce Poin te only) was expected to generate 4,585 daily trips, including 605 trips in the AM p eak hour and 645 trips i n the PM peak hour. Th erefore, the Project would generate approximately 37 percent fewer trips than was assumed in the Certified FEIR.

Table 11, Net New Site Trips, shows t he net new site trips, co mparing the modified Pr oject to the previously approved Project. As seen in the table, the modified Project is expected to generate fewer trips in both peak hours and daily when compared to the previously approved Project.

Net New Trips
Period Trips Trips In Trips Out
AM Peak -34 -31 -3
PM Peak -27 -2 -25
Daily -187 -93 -93
Source: Psomas 2021.

As such, with a 37 percent reductio n in trip generation with the modified Project, and similar site characteristics due to comparable land uses, there are no elements of the Project that have been found to conflict with the City’s program, plan, ordinance, or policy addressing the circulation system.

There would be no new impact, and no changes require preparation of an EIR.

Substantial changes proposed in Project, which will require major revisions to the EIR? As noted above, there have not been substantial changes to the Project. There has been a 37 percent reduction in trips for the modified Project when compared to the approved Project. The trip Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 644
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distribution and road network has not changed substa ntially as a result of the modified Project.

Additionally, the roadway network has sufficient ca pacity to serve the demand generated by the Project. Therefore, there would not be any new or substantially more severe impacts, and no major revisions to the Certified FEIR would be required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
Although the build-out year is later than what was previously evaluated, this change has not resulted in any new or substantially more severe impacts necessitating major revisions to the Certified FEIR.

New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information that would cause new or substantially more severe impacts, and no major revisions to the Certified FEIR would be required. b) Would the project conflict or be inconsiste nt with CEQA Guidelin es section 15064.3, subdivision (b)?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
For EIRs that are certified after July 2020, CEQA requires transportation analyses to use vehicle miles traveled (VMT) metrics instead of level of service (LOS), which was previously the metric used for CEQA transportation analyses. Section 15064.3(b )(1) of the State CEQA Guidelines refers to evaluating transportation impacts using VMT for land use projects. The FEIR, which was adopted prior to July 2020, did not include a VMT Analysis pursuant to Section 15064.3(b). The requirement to use VMT as a traffic metric after July 2020 do es not constitute new in formation requiring major revisions to the Certified FEIR. Nonetheless, th e analysis below is provided for informational purposes. Because major revisions to the Certified FEIR are not warranted, Section 15064.3(b) does not present new information requiring preparation of an EIR. An analysis of VMT is not required for the modified Project and the project would not conflict with or be inconsistent with CEQA Guidelines Section 15064.3(b).

Substantial changes proposed in Project, which will require major revisions to the EIR? There have been no substantial changes to the Project that would result in new or substantially more severe transportation impacts than what was an alyzed in the Certified FEIR. As noted earlier, effective July 1, 2020, CEQA’s methodology for evaluating tra ffic impacts has shifted from an LOS analysis to a VMT analysis. While this does not consti tute a change in the modified Project, it should be noted that, while neither the Certified FEIR evaluated traffic impacts using VMT methodology, the air quality analysis in the Certified FEIR did calculate the VMT associated with the approved Project.

That analysis provides, for information purposes here, insight into the VMT generated by the Project.

The Certified FEIR analysis identified 63,340 daily trips for the approved Project. As noted above, the square footage proposed by the Project is approximately 12 percent fewer than evaluated by the Certified FEIR. This, combined with updated ITE rates, reduces the nu mber of trips and, therefore, the VMT for the modified Project by approximately 37 percent from that evaluated by the Certified FEIR. Therefore, there no changes to the modified Project which would increase VMT.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 645
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Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
There have not been substantial ch anges in circumstances since the approval of the Certified FEIR.

The City of Menifee is suburban in nature. There have been no changes, su ch as the rerouting or deletion of a high-quality transit corridor that wo uld change the traffic impact analysis. The overall number of trips, and consequently the VMT, associated with the Project would be less than what was previously evaluated in the Certif ied FEIR; therefore, impacts associated with the Project would be less than what was previously addressed, and no major revisions to the Certified FEIR are required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
The passage of SB 743 does not constitute new information pursuant to CEQA. Nonetheless, for information purposes, the modified Project would reduce the number of trips and associated VMT compared to the approved Project density. Theref ore, the Project would not result in any new or substantially greater impacts and no major revisions to the Certified FEIR are required. c) Substantially increase hazards due to a geomet ric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses?
d) Result in inadequate emergency access?
No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
The Project would be constructed in compliance wi th the most current Cali fornia Building Code (CBC). The Project would not incorporate any geom etric design elements that would result in dangerous conditions or incompatibility with existing or proposed uses and emergency access would meet the City’s design requirements. The trip distribution for a project is developed to indicate the anticipated direction of travel for trips coming to and leaving the site. The modified Project would have two access points along Zeiders Road (one via the existing Ciccotti Street and one via the Interior Drive Aisle) and two access points along Ciccotti Street. Because the site access for the modified Project is generally similar to th e access for the approved Project, it is expected that the trip distribution would match what was assumed in the pr eviously approved study; 95 percent of traffic would access the site to/from the north on Zeiders Road, and the remaining 5 percent would access the site to/from the south. Traffic accessing the site from either the north or south would have access both directly from Zeiders Road and from Ciccotti Street. In addition, internal circulation would allow users from any area of the site to reach any of th e access points. The existing southbound left turn lanes on Zeiders Road at Ciccotti Street and at the private drive aisle are 300 feet long each, providing significant storage for vehicles en tering the site. The study for the approved Project assumed all traffic would enter via two access points from Zeiders Road; therefore, because the modified Project is expected to generate less traffic and would still provide two access points along Zeiders Road, it is assumed that the intersections would operate effici ently. Therefore, the modified Project would not increase hazards due to a geometric design feature or incompatible uses and would be comparable to the design of the approved Project.

Construction staging would be located onsite, as was assumed for the approved Project. As such, the modified Project would not result in inadequate emergency access to off-site uses. During operation of the modified Project, consistent with the approv ed Project, the Project site has been designed in accordance with all fire and sheriff department requirements, and the modified Project would not affect access to nearby uses. Therefore, there would be no new or more severe impacts with implementation of the modified Project.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 646
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Substantial changes proposed in Project, which will require major revisions to the EIR? As noted above, there are no substantial changes to the Project with respect to access. The Project would comply with all the applicable design requirements of the CBC and City Standards. Therefore, it would not impede emergency access to the site or result in any roadway hazards. The Project would not result in any new or substantially more severe impacts, and no major re visions to the Certified FEIR would be required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
Additional development has occurred in the general vicinity of the Project since approved by the City; however, there have not been substantial changes in circumstances around the Project that would change the findings of the Project’s design or impact on emergency access routes. Thus, no major revisions to the Certified FEIR are required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
The Project would not result in any impacts associ ated with hazardous design or emergency access.

There is no new information that would change this finding. As discussed above, the number of trips generated by the Project would be less than prev iously identified and current design standards would be applicable. No new or substantially greater impacts would occur and no major revisions to the Certified FEIR would be required.

TRIBAL CULTURAL RESOURCES
Certified FEIR
Tribal Cultural Resources was not included in the CEQA Checklist questions at the time the FEIR was certified. This topic was added to the checklist in September 20 16 and reflects the requirements of Assembly Bill (AB) 52, requiring consultation with tribal governments on projects that were initiated on or after July 1, 2015. The FEIR was certified pr ior to the AB 52 being effective. However, as discussed in the Cultural Resou rces section of the Certified FEI R, multiple cultural resources evaluations have been conducted surrounding the si te in addition to the Phase I Cultural Resources Assessment for the project site itse lf. Eleven prehistoric sites and th ree historic sites were found in the project area, but no prehistoric or historic resources have been recorded at the project site or were noted at the site during the fieldwork activi ties. Thus, the Certified FE IR determined potential for cultural resources to be low.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 647
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Consistency Evaluation
Would the Project:
a) Cause a substantial adverse change in the sign ificance of a tribal cultural resource, defined in Public Resources Code Section 21074 as eith er 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 California Native American tribe, and that is:

1. 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)?

2. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be si gnificant pursuant to criter ia set forth in subdivision (c) of Public Resources Code Section 5024.1 ? In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR
As discussed in the Cultural Reso urces section of the Certified FEIR , no known archaeological sites are known to occur within the project site. No ad ditional assessment to dete rmine the potential for cultural resources to occur at the site is warr anted. However, given that the project area is archaeologically sensitive, it is possible that undiscovered archae ological resources could occur at the site. Implementation of mitigation identified in the Certified FEIR would ensure that unknown archeological resources would be pr operly monitored and, if found, safely excavated. Thus, no new or more severe impacts would occur, and no new mitigation is required.

Substantial changes proposed in Project which will require major revisions to the EIR? The area of disturbance from the modified Project would be consistent with the area evaluated for development in the Certified FEIR. There are no changes in the modified Project that would involve new or more severe environmental impacts; theref ore, no major revisions to the Certified FEIR or new mitigation are required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The site condition has not changed since certification of the FEIR. There are no substantial changes that involves new or more severe environmental impacts, which would require major revisions to the Certified FEIR or new mitigation.

New information (which was not known and could not have been known at the time the EIR was certified) available?
Even with the subsequent cultural resource studies that have been conducted since the certification of the FEIR , there is no known new information that indicates the effects on tribal cultural resources will be substantially more severe than shown in the Certified FEIR. There are no resources on the project site that are listed, or eligible for listing, in the California Register of Historical Resources. The City of Menifee has not identified any locally sign ificant resources on site. Thus, major revisions to the Certified FEIR and new mitigation are not required.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 648
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UTILITIES AND SERVICE SYSTEMS
Certified FEIR
According to the evaluati on in the Certified FEIR, the Applicant would meet all City requirements.

Recommended infrastructure would be designed in accordance with the Eastern Municipal Water District’s (EMWD) Water System Planning and Design Principle Guidelines Criteria, thus resulting in a less than significant impacts related to the expansion of water infrastructure.

While there was no recycled water infrastructure in the project area at the time the FEIR was certified, the FEIR discusses potential for necessary pipelines to be extended to the project site in the future. The Certified FEIR determined that the Proj ect Applicant would be required to incorporate a recycled water system that is separate from the potable water system in order to accommodate future recycled water infrastructure
The Water Supply Assessment (WSA) prepared for the project, determined that there would be sufficient capacity in treatment plants to meet demand. It was thus determined that the project would not result in the construction of new water treatment facilities.

The Certified FEIR demonstrated that there is ad equate water supply to accommodate the District’s demands. Additionally, according to the WSA, the future water su pply for the EMWD, and therefore the project, was determined to be reliable and would meet future demands of the project even when taking single and multiple dry years into account. It was therefore determined that the project’s impacts on water supplies were less than significant.

According to EMWD’s Urban Water Management Plan (UWMP), the District would be able to meet water demand based on population projections prod uced from Southern California Association of Governments (SCAG) 2004 Transportation Plan. The Certified FEIR determined that related projects that are identified in the project description were within these projections. Therefore, development of the project, in conjunction with related projec ts, was determined to have a less than significant impact on the City’s water supply and distribution system.

Consistency Evaluation
Would the Project:
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR
As an approved development that is reflected in the General Plan and adopted growth projections, the service providers’ planning programs would have factored the increased demand into the Urban Water Management Plan (UWMP) and their long-range facilities plans.

Additionally, the analysis in the Certified FEIR co ncluded that the project would not increase the demand for water treatment and supply and wastewater treatment beyond the capacity of the facilities providing service to the project. Impact s were considered less than significant, and no Item Title: 11.10
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mitigation measures were required. Further it is noted that the modified Project proposes an approximately 12 percent reduction in square foot age. As such, the Project would result in a reduction in demand for the said services compar ed to the approved Project as analyzed in the Certified FEIR.

The modified Project would also result in redu ced demand for electricity, natural gas, and communications systems; these services could be provided to the Project via extension from existing infrastructure and sources. It should be noted that the Title 24 regulations have become more stringent since 2008, when the original EIR was prepared. As a result, developments are more energy efficient and demand would be reduced compared to previous energy demand estimates.

Additionally, the modified Project is proposing an approximately 12 percent reduction in the overall Project footprint, which would also reduce th e overall demand. Impacts would be less than significant. No new or more severe impacts would occur and no new mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? The modified Project proposes construction of a re duced footprint light industrial and office uses.

This reduction would decrease the overall demand for utility services. There would be no need for the relocation or construction of new or expanded water, wastewater treatment, electric power, natural gas, or telecommunications facilities. There would be no changes that would result in new or more severe impacts necessitating major revisions to the Certified FEIR.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
Since the certification of the Certified FEIR, the Ti tle 24 energy efficiency standards have become increasingly more stringent. As a result, the demand for electricity from ut ility providers would be less than what was assumed in 2 008 when the original EIR was prepared. These more stringent requirements would reduce the like lihood of the need to construct new facilities. No other changes in the circumstances have occurred such that the Project would result in a new impact or substantially greater impact that would require major revisions to the Certified FEIR.

New information (which was not known and could not have been known at the time the EIR was certified) available?
Impacts on utility systems were found to be less than significant with no mitigation. There is no new information that would change this finding. As discussed above, the demand would be less than previously identified because of the reduced modified Project footprint and more stringent regulations. As a result, no new or substantially greater impacts would occur, and no major revisions to the Certified FEIR would be required.
b) Have sufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry and multiple years? No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR
The California Urban Water Management Planning Act ( California Water Code, Sections 10610– 10656) requires urban water suppliers to develo p UWMP that assesses the reliability of water sources over a 20-year planning horizon. In prep aring their 20-year UWMPs, water suppliers must directly address the subject of future population growth. The suppliers must also identify sources of supply to meet demand during nor mal, dry, and multiple-dry ye ars. The EWMD provides water Item Title: 11.10
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service to the City of Menifee. The EWMD’s 2020 UWMP, which addresses these issues was adopted in June 2021 (EMWD 2021). Based on the analysis conducted for the UWMP, the EMWD has the ability to meet current and projected water demands through 2045 under normal, historic single-dry and historic multiple-dry year conditions using a combination of imported water from Metropolitan and existing local supply resources. No new or substantially more severe impacts are anticipated and no major revisions to the Certified FEIR would be required.

Substantial changes proposed in Project, which will require major revisions to the EIR? There have not been any substantial changes to the modified Project that would require major modifications to the Certified FEIR. The Project proposes an approximately 12 percent reduction in square footage, which would reduce the future demand on utilities and service systems and would not result in new or more severe impacts than we re not previously evaluated in the Certified FEIR.

As noted above, neither the Certified FEIR nor the 2020 UWMP have identified the development associated with the Commerce Pointe Industrial Pa rk Project resulting in an impact on meeting the long-term demand for water; therefore, a reduct ion in development and associated water usage would not change this conclusion. The reduction in the overall Project footprint would not result in a new or more severe impact necessitating major revisions in the Certified FEIR.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The UWMP serves as the document that would addr ess if the water supplier would have sufficient water supplies available to serve the projected dema nd during normal, dry and multiple years. The 2020 UWMP has been updated since the FEIR was certified and as stated above, the EMWD has the ability to meet current and projected water demands through 2045 under normal, historic single-dry and historic multiple-dry year conditions. In ad dition, the EMWD has historically been able to document sufficient water supplies to meet current and projected demand, which includes modified Project. Therefore, there are no changes in circums tances that would result in new or more severe impacts, and no major revisions to the Certified FEIR are required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no information that indicates the modified Project would have a new or substantially more severe impact than what was identified in the Certified FEIR. As previously noted, the EMWD’s 2020 UWMP has demonstrated there is sufficient water supplies to meet the current and projected long- term water demand through 2045. Impacts to water supplies were identified as less than significant, and no new mitigation measures are required. As su ch, no major revisions to the Certified FEIR are required.
c) Result in a determination by the wastewat er treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR
Based on the EMWD 2020 UWMP, the district maintains four Regional Wastewater Reclamation Facilities (RWRFs). According to information pr ovided in the Certified FEIR, the Perris Valley Treatment Plant and the Temecula Valley Treatment Plant would likely serve the Project site.

However, EMWD has constructed inter-connections between the local collections systems serving Item Title: 11.10
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each treatment plant to allow for operational fl exibility, improved reliability, and expanded deliveries of recycled water. The four RWRFs ha ve recently completed expansions and have a combined capacity of 86,300 afy (EWMD 2021). In 2020, the total volume of wastewater collected was 53,073 af (EMWD 2021).

EMWD maintains a 5-year Capital Improvement Pr ogram (CIP) that contains all of the water treatment and delivery, wastewater collection and treatment, and recycled water distribution system capital improvements that are needed to support the buildout of existing jurisdictional General Plans within their service area. CIP projects are financed by developer fees, gran ts, and municipal bonds. (EMWD 2021).

The demand associated with the modified Project has been incorporated into the long-range facilities planning by the EMWD, which based on the volumes in the 2020 UWMP has su fficient capacity for this planned growth. As noted above, the modified Project would result in a reduction in the amount of wastewater generated because of the proposed reduction in square footage and number of buildings. Based on the reduction in the square fo otage, the sewer flow from the proposed Project would be reduced. This would be a reduction in flow to downstream sewer lines as well as a reduction in the flow through the wastewat er reclamation plant, owned and operated by EMWD. Since there would be a reduction compared to what has been previously identified, no new or more severe impacts would be anticipated, and no mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? The Project would result in approximately 12 percent reduction in square footage and an associated reduction in the amount of wastewater generate d by the Project. The UWMP regional growth projections, which are used for facilities planning, have incorporated the development of the Project evaluated in the Certified FEIR. This approximately 12 percent reduction in square footage would not substantially alter the planning pa rameters for the EMWD or result in new or more severe impacts than were addressed in the Certified FEIR. Thus, no major revisions to the Certified FEIR are required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
There have not been substantial changes in the circumstances under which the modified Project is being undertaken that would requir e major revisions to the Certified FEIR. As discussed above, the majority of the development associated with the has been constructed and other development in the region has occurred. However, this has been planned growth, and EMWD incorporated the increased demand into their long-range facilities planning. Independent of the modified Project, facilities have been constructed to accommodate the long-range demand. Therefore, there are no changes in circumstances that would result in new or more severe impacts associated with wastewater treatment capacity. No major revisions to the Certified FEIR are required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
There is no new information associated with wastewater treatment capacity that would necessitate major revisions to the Certified FEIR. Although the generation factors used in the Certified FEIR were conservative, the existing facilities have suffic ient capacity to serve the modified Project.

Additionally, there would be an incremental decrease in the anticipated flows because the modified Project would reduce the overall project footprint. No major revisions to the Certified FEIR are required.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 652
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d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e) Comply with federal, state, and local ma nagement and reduction statutes and regulations related to solid waste?
No New or More Severe Impacts/ No Changes or New Information Requiring Preparation of an EIR.

As described in the Certified FEIR, the project site is served by three landfills within Riverside County:

Lamb Canyon Landfill, Ba dlands Landfill, and El Sobrante Land fill. The Certified FEIR used solid waste generation rates for Industrial and Warehouse uses and identified the Project would generate approximately 4.3 tons of solid waste per day. The Certified FEIR identified that the waste generated by the Project represents a sma ll percentage of the perm itted waste per day and adequate capacity exists to serve the project; therefore, the three landfills would accommodate the waste generated by the Project.

The modified Project represents an approximately 12 percent reduction in square footage, and using a similar generation rate, the modified Project would generate approximately 3.9 tons of solid waste per day compared to the 4.3 tons per day for the Project evaluated in the Certified FEIR. The Certified FEIR identified the impacts associated with solid wa ste would be less than significant. Thus, in light of a reduction in square footage and number of buildings, no new significant result with implementation of the modified Project. Impacts woul d be less than significant, and no mitigation is required.

Based on the City of Menifee General Plan (July 2020), more than 99 percent of the City’s waste disposed of in 2011 went to the El Sobrante an d Badlands landfills. AB 341, approved in 2011, updates the California Integrated Waste Management Act of 1989 by increasing the policy goal of the State to require that not less than 75 percent of solid waste generated be so urce reduced, recycled, or composted by the year 2020. Other updated regulations include Senate Bill (SB) 1383 and AB 1826, both approved in 2016 regarding the reducti on of organic materials that are disposed of in landfills. The modified Project, similar to the approved Project would comply with federal, State, and local management and reduction statutes and regula tions related to solid wa ste. No impacts would result, and no mitigation is required.

Substantial changes proposed in Project, which will require major revisions to the EIR? The approximately 12 percent reduction in square footage would result in less trash being generated in comparison to what was analyzed in the Certifie d FEIR. As described abov e, the modified Project would generate approximately 0.4 tons of solid waste per day less compared to the Project evaluated in the Certified FEIR. This would decrease the po tential impacts on landfills. The waste disposal service (Waste Management) would be required to abide by the applicable waste reduction and recycling programs required under existing regulations (i.e., AB 939, AB 341, SB 1383, and AB 1826).

There are no elements of the modified Project that would conflict with the existing solid waste regulations or exceed the existi ng infrastructure capacity. The approximately 12 percent reduction in square footage would not result in new impacts that were not previously analyzed or increase the severity of previously analyzed impacts. No major revisions to the Certified FEIR would be required.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 653
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Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
As noted above, new regulations have been adopted since the FEIR was certified, and they are implemented by Waste Management, which is the City’s waste disposal service. These regulations have strengthened the requirements associated with diversion of materials from landfills. Waste Management has proposed a number of measures to ensure implementation of these provisions, which include recycling, composting, and an orga nic recycling program. However, None of these changes would result in new or mo re severe impacts than what was identified in Certified FEIR and no major revisions to the Certified FEIR would be required.

New information (which was not known and could not have been known at the time the EIR was certified) available?
No new information is currently available where the Project would result in a new impact not evaluated in the Certified FEIR. As identified abov e, the new regulations would reduce the potential impacts on solid waste infrastruc ture. The solid waste generation factors are similar to what was used in the prior environmental analyses; however, in light of reduced square footage and number of buildings, there would be less demand on th e solid waste management infrastructure than previously identified. Solid waste impacts were identified as less than significant and there is no new information that would change that conclusion. No new or more severe impacts would result, no new mitigation measures are required, and no major revisions to the Certified FEIR are required.

WILDFIRE
Certified FEIR
Although wildfire was not a separate topic in the CEQA checklist at the time Certified FEIR was prepared, the CEQA checklist did include an evaluation of wildfire as part of the discussion of hazards and hazardous materials. According to the RCIP, the project site is not included in an area susceptible to wildfire. Therefore, the Certified FEIR determined that the project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires.

Consistency Evaluation
If located in or near state responsibility area s or lands classified as very high fire hazard severity zones, would the Project:
a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other fact ors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c) Require the installation or maintenance of asso ciated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significan t risks, including down slope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Item Title: 11.10
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No New or More Severe Impacts/No Changes or New Information Requiring Preparation of an EIR
Checklist Questions 4.20a through 4.20d apply only to those projects that are “located in or near state responsibility areas or lands classified as very high fire hazard severity zones.” No impacts related to these thresholds would occur, as the Project is not within the state responsibility area designated as VHFHSZ, and no mitigation is required.

Additionally, according to the RCIP, the project site is not included in an area susceptible to wildfire.

Therefore, the modified Project would not expose peop le or structures to a significant risk of loss, injury or death involving wildland fires. In light of this, because the Project site is not located within a designated wildland fire hazard area, implementation of the proposed Project would not expose people or structures directly or indirectly to a significant risk of loss or death associated with wildland fires. Therefore, impacts would be less than significant, and no mitigation is required.

CalFire identifies areas based on the severity of fire hazard that is expected to prevail there. These areas, or “zones,” are based on factors such as fuel (material that can burn), slope and fire weather.

There are three zones, based on increasing fire hazard—medium, high, and very high. The designation of these zones is ba sed on a model, which CalFire ha s developed and field tested. The model evaluates property using characteristics that affect the probability of the area burning and potential fire behavior in the area. Many factors ar e considered such as fire history, existing and potential fuel, flame length, blowing embers, terrain, weather and the likelihood of buildings igniting. (CalFire, 2007) As such, this designation factors the site conditions identified in the CEQA Checklist Questions 4.20a through 4.20d.

Substantial changes proposed in Project, which will require major revisions to the EIR? As indicated above, the project site is not included in an area susceptible to wildfire. The modified Project is substantially the same as was previous ly proposed, except for reduction in the overall Project footprint and number of buildings. Based on the discussion above, the modified Project does not propose changes that would expose people or structures to the risk of wildland fires that was not anticipated before. No new impact s or increase in severity of previous impacts would result.

Therefore, no substantial revisions to the Certified FEIR, and no new mitigation would be required.

Substantial changes in the circumstances under which the Project is being undertaken that will require major revisions to the EIR?
The context and circumstances for the modified Proj ect have not change. In light of the discussion above, the modified Project would not result in po tential impacts pertaining to exposing people or structures to the risk of wildland fires that would require mitigation. As such no substantial revisions to the Certified FEIR or new mitigation would be required.

Therefore, the modified Project would not require mitigation or major revisions to the Certified FEIR.

Item Title: 11.10
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CONCLUSIONS
There is substantial evidence that (1) the modified Project and associated improvements do not represent a substantial change from the approved Project evaluated in Certified FEIR; (2) there are no substantial changes with respect to the circumstances under which the modified Project is undertaken that would result in new significant or substantially more severe impacts; and (3) there is no new information of substantial importance , which was not known and could not have been known at the time the FEIR was certified as complete. The modified Project would not have any new or substantially more severe im pacts than what was evaluated Certified FEIR. There are no new mitigation measures that were not adopted at the time the FEIR was certified that would be required to further reduce modified Project impacts. Theref ore, based this evaluation, none of the conditions in Section 21166 of the Public Resources Co de apply and no subsequent or supplemental environmental impact report should be required.

Item Title: 11.10
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REFERENCES
Barnett, K. (2021 (September 1). Telephone Conver sation between K. Barnett (City of Menifee Fire Department, Fire Chief) and J. Cho (Psomas).

California Air Pollution Control Officers Associat ion (CAPCOA). 2021. California Emission Estimator Model (CalEEMod)TM Version 2020.4.0, Develope d by Trinity Consultants in Collaboration with SCAQMD and other California Ai r Districts. Sacramento, CA: CAPCOA. http://www.aqmd.gov/caleemod/download-model.

California Air Resources Board (CARB). 2019a (Jul y, effective as of). Chronology of State PM2.5 designations. Sacramento, CA: CARB. https://ww3.arb.ca.gov/desig/changes/pm25.pdf. ———. 2019b (July, effective as of). Chronology of State PM10 designations. Sacramento, CA: CARB. https://ww3.arb.ca.gov/desig/changes/pm10.pdf.
———. 2019c (July, effective as of). Chronology of State Ozone designations. Sacramento, CA: CARB. https://ww3.arb.ca.gov/desig/changes/ozone.pdf.

California Building Standards Commission (CBSC). 2019 (accessed August 26,2021). California Green Building Standards Code (Part 11 of Titl e 24, California Code of Regulations). https://www.dgs.ca.gov/BSC/CALGreen
California Department of Fish and Wildlife (CDFW). 2021(acce ssed August 24). California Natural Diversity Database. Records of Occurrence fo r the USGS Romoland, Steele Peak, Perris, Lakeview, Winchester, Bachelor Mountain, Murrieta, Wildomar, and Lake Elsinore

7.5-minute quadrangles. Sacramento, CA: CDFW, Natural Heritage Division.

California Energy Commission (CEC). 2018 (March ). 2019 Building Energy Efficiency Standards Frequently Asked Questions. Sacramento, CA: CEC.
https://ww2.energy.ca.gov/title24/2019standards/documents/2018_Title_24_2019_Buildi ng_Standards_FAQ.pdf.

Center for Biological Diversity. 2019 (June 25). A Petition to List the Southern California/Central Coast Evolutionarily Significant Unit (ESU) of Mountain Lions as Threatened under the California Endangered Species Act (CESA). Oakland, CA: Center for Biological Diversity. https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=171208&inline.

Koch, Jonathan, James Strange, and Paul Williams. 2012 (June). Bumble Bees of the Western United States. Published by USFS and USGS. FS-972(W).

Psomas. 2021 (August 26). Scott Road Commerce Center Phase II Traffic Consistency Evaluation.

Tucson, Arizona: Psomas.

Sik, T. 2021 (September 1). Telephone Conversa tion between T. Sik (City of Menifee Police Department, Personnel Analyst) and J. Cho (Psomas).

South Coast Air Quality Management District (SCAQMD). 2019 (April, Revision). SCAQMD Air Quality Significance Thresholds. Diamond Bar, CA : SCAQMD. http://www.aqmd.gov/docs/default- source/ceqa/handbook/scaqmd-air-quality-significance-thresholds.pdf?sfvrsn=2.

Item Title: 11.10
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Consistency Evaluation Pursuant to Public Resources Code Section 21166

6-2 S COTT ROAD COMMERCE CENTER PHASE II PROJECT
———. 2016 (February). National Ambient Air Qual ity Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS) Attainment Status for South Coast Air Basin. Diamond Bar, CA:

SCAQMD. http://www.aqmd.gov/docs/defaul t-source/clean-air-plans/air-quality- management-plans/naaqs-caaqs-feb2016.pdf?sfvrsn=2.
———. 2010 (September 28). Minutes for the GHG Significance Threshold Stakeholder Working Group #15. Diamond Bar, CA: SCAQMD.
———. 2009. Localized Significance Th resholds. Diamond Bar, CA: SCAQMD. http://www.aqmd.gov/home/rules-compliance/ceqa/air-quality-analysis- handbook/localized-significance-thresholds
———. 2008 (December 5). PROPOSAL: Interim CEQA GHG Significance Threshold for Stationary Sources, Rules and Plans. Diamond Bar, CA : SCAQMD. http://www.aqmd. gov/docs/default- source/ceqa/handbook/greenhouse-gases-(ghg)-ceqa-significance- thresholds/ghgboardsynopsis.pdf?sfvrsn=2.
———. 1993. CEQA Air Quality Handbook. Diamond Bar, CA: SCAQMD.

Zeiner, D.C., W.F. Laudenslayer, Jr ., K.E. Mayer, and M. White, eds. 1988-1990. California's Wildlife.

Vol. I-III. California Depart. of Fish and Game, Sacramento, California.

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 659
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Attachment A

Air Quality/GHG Emissions Memorandum

Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 660
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5 Hutton Centre Drive, Suite 300 • Santa Ana, CA 92707 • T: 714.751.7373 • F: 714.545.8883

MEMORANDUM

September 8, 2021

To: From:

Scott Road Partners, LLC Tin Cheung
Daria Sarraf
Psomas

Subject: Air Quality and Greenhouse Gas Emissions Consistency Evaluation for the Scott Road Commerce Center Phase II Project the City of Menifee, California

This Memorandum presents a consistency evaluation of the air quality and greenhouse gas (GHG) emissions analyses for the Scott Road Commerce Center Phase II Project (modified Project), discussed further below. The purpose of this evaluation is to assess, in light of the requirements of Public Resources Code Section 21166, the consistency of the modified Project with the Commerce Pointe Project EIR prepared in compliance with the California Environmental Quality Act (CEQA) for the topics of Air Quality and GHG Emissions. This evaluation concludes that the Certified FEIR adequately addressed the potential air quality and GHG emissions analyses associated with the proposed Project; no substantial changes are proposed in the Project that would require major revisions of the EIR; no substantial changes have occurred in the circumstances under which the Project is being undertaken that would require major revisions of the original EIR; and no new information, which was not known and could not have been known at the time, has become available.

PROJECT SETTING AND DESCRIPTION
Scott Road Commerce Center, formerly known as Commerce Pointe and Commerce Pointe II, collectively “Commerce Pointe Project,” was analyzed in The Commerce Pointe Industrial Park Project Draft Environmental Impact Report in 2008 (State Clearinghouse [SCH] No. 2006121062). The Final EIR was certified by the City of Menifee in March 2009 (“Certified FEIR”). The Commerce Pointe Project (“approved Project”) was approved at a total of 827,777 square feet (sf) by the City of Menifee as follows: (i) Commerce Pointe (PP 21452) was approved with a total of 617,919 sf and (ii) Commerce Pointe II (PP 22280) was approved with a total of 209,858 sf. Subsequently, the City of Menifee approved Plot Plan 2016-126-Minor Revision for Commerce Pointe II on January 17, 2017. PP 2016-126 totals 157,147 sf (74.88 percent of the original analysis and approval).

AIR QUALITY ANALYSIS
Summary of the Air Quality Analysis in the Certified FEIR The proposed modified Project involves a total of 544,115 sf on the Commerce Pointe site (88.05 percent of the original square footage that was approved by the City for Commerce Pointe) in three divisible Light Industrial buildings, including manufacturing, warehousing, and office uses, ranging from approximately 94,000 sf to 230,000 sf. Each building has dock high loading, which is ancillary to the industrial buildings. Please refer to Exhibit 1, Regional Location, and Exhibit 2, Local Vicinity.

As detailed in the Certified FEIR, the Project site is located within the South Coast Air Basin (SoCAB), which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD maintains monitoring stations throughout the air basin. For existing air quality emissions, the Certified FEIR determined that carbon monoxide (CO) emissions near the 10 intersections analyzed in the Item Title: 11.10
Ordinance Introductions for the First and Second Amendments to the Commerce Pointe Development Agreement Item Page Number: 661
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Scott Road Partners, LLC
September 8, 2021

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Menifee City CouncilSeptember 21, 2022

Menifee City Council
September 21, 2022