Menifee City Council
October 19, 2022

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5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.

5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.

SECTION 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

SECTION 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

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of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.

7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.

Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.

8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

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8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.

8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.

8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

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SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.

9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.

Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

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SECTION 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.

10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Kevin Thomas, Senior Environmental Manager (“Consultant’s Representative”).

The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

10.8 City Contract Administration. This Agreement shall be administered by a City employee, Diego Guillen, Associate Engineer (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement.

Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 Notices. Any written notice to Consultant shall be sent to:

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

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Kimley-Horn and Associates, Inc.

Attn: Kevin Thomas, Senior Environmental Manager
3880 Lemon Street, Suite 420
Riverside, CA 92501
Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Diego Guillen, Associate Engineer
with a copy to:

City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586

10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

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10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.

10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:

Stephanie Roseen, Acting City Clerk
Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT
Dennis Landaal, Senior Vice President, PE
#50270

Leo Espelet, Assistant Secretary, PE #71532

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

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EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include Professional Services for CIP 22-08 Normandy Road Improvements in the amount not to exceed TWENTY THREE THOUSAND SEVEN HUNDRED DOLLARS AND ZERO CENTS ($23,700.00) as further detailed in the following page(s).

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

2671/031858-0001
7630421.2 a09/20/22 EXHIBIT A.

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

2671/031858-0001
7630421.2 a09/20/22 EXHIBIT A.

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

2671/031858-0001
7630421.2 a09/20/22 EXHIBIT A.

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

2671/031858-0001
7630421.2 a09/20/22 EXHIBIT A.

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

2671/031858-0001
7630421.2 a09/20/22 EXHIBIT A.

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

2671/031858-0001
7630421.2 a09/20/22 EXHIBIT A.

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

2671/031858-0001
7630421.2 a09/20/22 EXHIBIT A.

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

2671/031858-0001
7630421.2 a09/20/22 EXHIBIT A.

Item Title: 10.17
Agreement Amendment with Kimley-Horn for Environmental Studies for Normandy Road Pedestrian Improvement Project Environmental Studies
Menifee Mayor and City Council October 19, 2022

CITY OF MENIFEE
SUBJECT: Fiscal Year 2022/2023 Update to the Menifee Valley Chamber of Commerce Memorandum of Understanding
MEETING DATE: October 19, 2022
TO: Mayor and City Council
PREPARED BY: Kayla Charters, Senior Management Analyst
REVIEWED BY: Gina Gonzalez, Economic Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve a resolution, updating the list of activities, information, training programs, events, and promotional products in connection with the Menifee Valley Chamber of Commerce for fiscal year 2022/2023.

DISCUSSION
The City Council approved a Memorandum of Understanding (“MOU”) on August 21, 2013, with the Menifee Valley Chamber of Commerce (“Chamber”), to further enhance outreach efforts with the Menifee business community. The existing MOU indicates the agreement shall automatically renew annually with the adoption of the City’s annual budget and with the adjustment of the “Attachment A” to the MOU, unless the agreement is terminated. The City of Menifee Economic Development Department’s activities are detailed in Attachment A-1, and Community Services Department’s activities detailed in Attachment A-2.

Attachment A-1 of the MOU reflects the various needs of the Economic Development Department by performance measures via activities, information programs, training programs, events, and promotional products and services for fiscal year 2022/2023. Attachment A-1 includes the following activities and events:
• Broker’s Luncheon (tied to the CEDS)
• Workshops for Businesses (4) (tied to the CEDS)
• Job Fair/ Career Expo (tied to the CEDS)
• Menifee K.E.E.P Business Walk (tied to the CEDS)
• Commercial/Office Broker Tour (tied to the CEDS)
• Ribbon Cutting Management
• Monthly Business Walks (5 businesses a month)
Item Title: 10.18
Fiscal Year 2022/2023 Update to the Menifee Valley Chamber of Commerce Memorandum of Understanding Item Page Number: 1
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
Chamber MOU
October 19, 2022

• Workforce Development MSJC/Education Summit (tied to CEDS) Based on the attached needs, the Workforce Development/ Education Summit will work with regional partners, Community Services Department, and Economic Development.

Attachment A-2 of the MOU reflects the activities proposed by the Community Services Department and consists of assistance with outreach to businesses about California commercial recycling requirements by means of meeting presentations, webinar, newsletter, and web communications. As well as partnering on the Independence Celebration in terms of costs and logistics of the beer garden at the event.

STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community
Through the partnership with the Chamber, the City of Menifee will increase efforts to foster a robust economy and creating jobs by supporting the business community through events and programs.

FISCAL IMPACT
The current fiscal impact for this item is $28,167. This item was reduced from $29,000 to $28,167 due to the Chambers timing on approval of the proposed task items, thereby reducing the business walks monthly from a 12-month to 8-month agreement. This item is currently budgeted within fiscal year 2022/2023 in account no. 100-4350-52801.

ATTACHMENTS

1. Resolution

2. Original MOU

3. Attachment A-1

4. Attachment A-2
Item Title: 10.18
Fiscal Year 2022/2023 Update to the Menifee Valley Chamber of Commerce Memorandum of Understanding Item Page Number: 2
Menifee Mayor and City Council October 19, 2022

RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,

APPROVING AN UPDATE OF ACTIVITIES, INFORMATION PROGRAMS, TRAINING

PROGRAMS, EVENTS, AND PROMOTIONAL PRODUCTS IN CONNECTION WITH THE

MENIFEE VALLEY CHAMBER OF COMMERCE
WHEREAS, on August 21, 2013 the Menifee City Council (“Council”) approved a Memorandum of Understanding (“MOU”) with the Menifee Valley Chamber of Commerce (“Chamber”) to encourage and facilitate businesses, business related services, and programs within the City of Menifee (“City”).

WHEREAS, section D. Term of the MOU provides the agreement shall be in effect for Fiscal Year 2022-2023 and shall automatically renew annually with the adoption of the City’s annual budget and adjustment of Attachment A which provides for the activities, information programs, training programs, events and promotional products for the upcoming fiscal year and the respective contribution from the City.

WHEREAS, the Fiscal Year 2022-2023 Adopted Program Budget for the Economic Development Department includes an amount of Twenty-Eight Thousand One Hundred Sixty Seven Dollars ($28,167) for activities, information programs, training programs, events and promotional products as provided in the MOU.

WHEREAS, the Chamber has updated the attachment (attached as Attachment A to this resolution) to reflect activities, information programs, training programs, events and promotional products for Fiscal Year 2022-2023 in an amount not-to-exceed Twenty-Eight Thousand One Hundred Sixty Seven Dollars ($28,167).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER that the City is authorized to approve Attachment A-1 and A-2 of the Resolution with the Chamber for Fiscal Year 2022-2023.

BE IT FURTHER RESOLVED AND DETERMINED that the City Manager of the City of Menifee or his designee, is authorized to monitor the activities of the Chamber outlined in Attachment A1 and A-2 of the Resolution.

The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Item Title: 10.18
Fiscal Year 2022/2023 Update to the Menifee Valley Chamber of Commerce Memorandum of Understanding Item Page Number: 3
Menifee Mayor and City Council October 19, 2022

Chamber of Commerce Updated 2022-23
PASSED, APPROVED AND ADOPTED this 19th day of October, 2022. ____________________________
Bill Zimmerman, Mayor
ATTEST:
____________________________
Stephanie Roseen, Acting City Clerk
APPROVED AS TO FORM:
_____________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.18
Fiscal Year 2022/2023 Update to the Menifee Valley Chamber of Commerce Memorandum of Understanding Item Page Number: 4
Menifee Mayor and City Council October 19, 2022

Item Title: 10.18
Fiscal Year 2022/2023 Update to the Menifee Valley Chamber of Commerce Memorandum of Understanding Item Page Number: 5
Menifee Mayor and City Council October 19, 2022

Item Title: 10.18
Fiscal Year 2022/2023 Update to the Menifee Valley Chamber of Commerce Memorandum of Understanding Item Page Number: 6
Menifee Mayor and City Council October 19, 2022

Item Title: 10.18
Fiscal Year 2022/2023 Update to the Menifee Valley Chamber of Commerce Memorandum of Understanding Item Page Number: 7
Menifee Mayor and City Council October 19, 2022

Item Title: 10.18
Fiscal Year 2022/2023 Update to the Menifee Valley Chamber of Commerce Memorandum of Understanding Item Page Number: 8
Menifee Mayor and City Council October 19, 2022

ATTACHMENT A-1
Menifee Valley Chamber of Commerce activities, information programs, training programs, events and promotional products
2022-2023 Outcomes
FY 22/23 Proposed Amount
Membership $1,500
Broker’s Luncheon $5,000
Four Workshops for Businesses (all
speakers must be business impact
survey/ Keep results)
$4,000
Job Fair & Career Expo (1) $3,500
Business Survey & Annual Report
(KEEP Business Walk)
$5,000
Commercial/Office Broker TourHosted with Econ Dev (1)
$2,000
Ribbon Cutting Management (15) $3,000
Monthly Business Walks w/ Econ
Dev (5 businesses a month)
$1667
Workforce Development
MSJC/Education Summit $2,500
Total Proposed $28,167
Item Title: 10.18
Fiscal Year 2022/2023 Update to the Menifee Valley Chamber of Commerce Memorandum of Understanding Item Page Number: 9
Menifee Mayor and City Council October 19, 2022

List of Chamber Provided Services Funding
Broker’s Luncheon
• Book and purchase venue for the event
• Collaborate with City
• Assist City with outreach efforts
• Host and purchase catered lunch
• Coordinate and obtain sponsors / Fundraise Opportunity • Greet and Check in guests
$ 5,000
Workshops for Businesses (4 workshops-not SBDC workshops) • Work with the City ahead of time to select workshop topics and when they occur
• Notify City of workshops, so City can promote in advance, 4 weeks ahead
• Organize, coordinate, and promote up to 4 business to business workshops in total
• Obtain venue and speakers / presenters for each workshop • Use info from survey of business needs
• Provide refreshments/ sponsorship opportunity
$4,000
Job Fair & Career EXPO
• Put on a Menifee Job Fair and plan out with city, not public safety • Organize, coordinate and promote an annual Job Fair
• Obtain venue, supplies, speakers / presenters
• City to have a table
• City listed as co-host and City logo used on all materials • Advertise at least 2 months in advance
• Fundraise opportunity
$3,500
Business Survey & Annual Report
• Survey businesses in Menifee, separate survey link can be used to survey Chamber members, work with City to develop questions/survey and amount of businesses
• Collaborate with City of join outreach outside of Chamber membership • Identify businesses interested in expansion
• Share results with City
• Produce a list to provide to City with contact info
• Present findings at City Council Meeting with City Staff $5,000
Commercial/Office Broker Tour-Hosted with Econ Dev
• Assist with set-up and cleanup of the event
• Attend the event, to be a partner
• Host Cocktail hour/dinner at local restaurant (ex. Bushfire) • Sponsorship Opportunity
$2,000
Item Title: 10.18
Fiscal Year 2022/2023 Update to the Menifee Valley Chamber of Commerce Memorandum of Understanding Item Page Number: 10
Menifee Mayor and City Council October 19, 2022

Ribbon Cutting Management
• Host up to 15 ribbon cuttings for new Menifee businesses that may not sign up with the Chamber, to show partnership with the Menifee business community as a whole.
$3,000
Monthly Business Walks w/ Econ Dev
• Schedule ahead with Econ Dev team 4 weeks in advance the date of the walk
• Monthly, visit 5 businesses with the Econ Dev team to touch base and connect with Menifee Businesses
• (reduced from $2500- due to execution of the agreement timing-12 months to 8 month contract)
$1667
Workforce Development MSJC Education Summit
• Partner with MSJC, City of Menifee, EDC & others to co-host a workforce development summit, build off of Menifee’s Ready, Set, Future
• Coordinate vendors, must reach 50% increase in vendors • Host at MSJC Campus
• Fundraising Opportunity
• Tied to City’s target industries
$2,500
Total Budgeted Performance Based Contribution 2022/2023 $28,167 Item Title: 10.18
Fiscal Year 2022/2023 Update to the Menifee Valley Chamber of Commerce Memorandum of Understanding Item Page Number: 11
Menifee Mayor and City Council October 19, 2022

Attachment A2 – Community Services Department Partnership The Chamber and the City have previously worked together to put on signature special events for the residents of the City of Menifee to enhance the quality of life and vibrancy of the City.

A. The City sees participation of Chamber activities as an investment that benefits all the residents of the community by encouraging the participation of local business and vendors at city-wide special events throughout the year.

B. The Chamber finds the partnership and support of the City in its city-wide special events to be a positive force and an advantageous opportunity enabling local businesses and food vendors to thrive by providing public venues and/or special events where they can showcase their product and services to the community.

C. The Parties desire to enter into an agreement regarding the following events/programs:

Independence Celebration:
 Beer Garden only
 No revenue split, Chamber retains all revenue and is fiscally and operationally responsible for the beer garden
 City requests Chamber assistance in obtaining event sponsorships. Assistance will pertain to dissemination of flyers/video only.

Recycling outreach and education:
 Partnering, where appropriate, to promote and educate businesses of commercial recycling requirements as outlined under state recycling laws including, but not limited to: AB 341, AB 1826, and SB 1383.

D. Responsibilities
Menifee Valley Chamber of Commerce is responsible for the following costs and logistics relating to the Beer Garden at the Independence Celebration Event:
• Fencing to enclose the Beer Garden
• All necessary certificates, licenses, insurances, etc… necessary to operate Beer Garden
• All required documents should be submitted to the event coordinator 30 days prior to the event
• Security Guards (ID checks, and activity related to the Beer Garden). • Portable toilet and wash station inside Beer Garden
• Minimum of three sanitation stations separate from hand wash stations and toilet • Ice for Beer Vendors
• 1 generator –power ice if necessary
• Adequate Event Lighting and Mood Lighting as needed
• Fencing and decorations consistent with event themes
• Tables and chairs for guests / vendors in beer garden • Cups and affiliated supplies that Beer Garden vendors will require • Signage and branding for Chamber and Beer Garden Vendors • Complete beer garden set up by 12:00pm per inspection guidelines from Cal-Fire Item Title: 10.18
Fiscal Year 2022/2023 Update to the Menifee Valley Chamber of Commerce Memorandum of Understanding Item Page Number: 12
Menifee Mayor and City Council October 19, 2022

 Shared cost of Menifee Police Department support – two dedicated deputies for Beer Garden.
 Any Federal, State, County, or local guidelines related to Social Distancing, capacity, and or additional cleaning measures must be adhered to. A comprehensive checklist will be provided by City staff in collaboration with local Public Health Officials
 Clean up of Beer Garden area to include removal of all waste. Recyclable waste shall be diverted from landfill through source separation per CA State guidelines.

Chamber shall make all attempts to reduce the amount of landfilled waste generated to produce and/or operate this event space.
 Chamber shall designate no less than one person to attend monthly event planning meetings held by City staff, to provide progress update Recycling education and outreach partnership:
 Periodic outreach in regular communications to businesses such as newsletter insert, web page information, social media outreach, etc…
 Chamber will participate, as available, in webinars and city-sponsored events to promote commercial compliance of recycling.
 Chamber will take advantage of opportunities to promote commercial compliance with recycling mandates by inviting City staff to participate in Chamber events as appropriate.

Item Title: 10.18
Fiscal Year 2022/2023 Update to the Menifee Valley Chamber of Commerce Memorandum of Understanding Item Page Number: 13
Menifee Mayor and City Council October 19, 2022

CITY OF MENIFEE
SUBJECT: Menifee M.E.N.U. (Mom and pop, Entertainment, New, and Unique) Restaurant Start-Up Grant
MEETING DATE: October 19, 2022
TO: Mayor and City Council
PREPARED BY: Kayla Charters, Senior Management Analyst
REVIEWED BY: Gina Gonzalez, Economic Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Review and provide feedback to the proposed Menifee M.E.N.U. (Mom and pop, Entertainment, New, and Unique) Restaurant Start-Up Grant; and

2. Adopt a budget adjustment resolution carrying forward program budget from fiscal year 2021/2022 into the fiscal year 2022/2023 budget and in the amount of $500,000.

DISCUSSION
Background
On March 2, 2022, as part of the fiscal year 2021/2022 mid-year budget review process, the Menifee City Council approved the use of $500,000 of American Rescue Act (ARP) Funds to assist the Menifee small business community with something that has a lasting impact and meets the desires of the Menifee community. A Façade Improvement Program was originally proposed to provide direct economic support to businesses to beautify and improve the exterior of business sites. However, upon calculation of the impact of a Façade enhancement program, it was revealed that the benefit of the program would not make a large enough impact as intended by the approval of the use of funds. The high costs associated with façade enhancements would take up a large amount of the allotted budget, and a smaller grant size would not provide impactful relief to a project to incentivize a project to occur. City staff will be recommending a program utilizing Community Development Block Grant (CDBG) funding in the City’s disadvantaged communities at a future date to assist with façade enhancements and improvements to clean up blight and provide beautification.

After much research, staff is alternatively proposing a first time, innovative grant opportunity in Southwest Riverside County, utilizing the budgeted $500,000 to assist Menifee M. (mom and pop), E. (entertainment), N. (new), U. (Unique) start-up restaurants. This opportunity would help Item Title: 10.19
Menifee M.E.N.U. (Mom and pop, Entertainment, New, and Unique) Restaurant Start-Up Grant Item Page Number: 1
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
Menifee M.E.N.U. Restaurant Start-Up Grant
October 19, 2022

meet community requests and demands, to spur tourism opportunities, and to meet economic development targeted industries within Menifee’s Comprehensive Economic Development Strategy for: a) local serving uses, b) business attraction, c) placemaking, and d) quality of life initiatives.

This grant would assist in one of the biggest obstacles with one of the highly requested type of restaurants, more mom-and-pop unique eateries with some entertainment, which has been an unmet need for the City of Menifee due to an array of challenges. For instance, incoming restaurants typically locate in new development areas due to the abundance of new construction as the City as Menifee continues to build out. Many restaurants are not able to afford the cost of new construction tenant space, when coupled with the associated lease rates, making it very difficult for these type of boutique restaurants to start-up and invest in their concept. Many businesses will spend between $400,000-$900,000 investing in their business. The large majority of this cost comes from the start-up costs such as associated kitchen hood, grease traps, commercial stove, commercial refrigerators, and utility connection fees.

Program Overview
As the Menifee business community continues to navigate the impacts of the pandemic, the City of Menifee is looking to provide impactful assistance to those businesses that would result in meeting the needs of Menifee residents with long-term benefits in the community.

Menifee continues to grow at an impressive rate when it comes to residential development.

Development has been bringing new residents in from San Diego, Orange County, and Los Angeles, who are used to unique and diverse eatery opportunities. One of the growing desires of the Menifee community is the need for diverse food options. Many incoming residents state the options for unique restaurants and entertainment, or “eater-tainment” options, are very minimal.

Although no fault of the outreach efforts of the City, many unique eateries have come to the City and expressed interest. However, the high rent prices, lack of existing kitchens available in the city, and expensive cost for trenching and adding a grease trap has been the root cause of why eateries are unable to afford locating in Menifee. Although the new shopping centers greatly contribute to the new and clean look of the city, it comes with the challenge of pricing out unique eateries that do not have the funding capabilities that national chains have in order to afford the high rent costs, and the costs of building out a full kitchen and grease trap, especially when they put their proforma together for the operations of the restaurant. As a result, staff is recommending providing direct assistance through a grant to assist restaurant owners and their unique restaurant concepts, eatery, brewery with a restaurant component, eater-tainment, or a business that provides relief to a gap within Menifee’s existing amenities.

The overall benefit of the M.E.N.U. restaurant start-up grant to the community would be relatively quick in terms of the impact and would be long lasting. While it is acknowledged that there are inherent risks to funding start-up businesses, the grant requires consultation with the Small Business Development Center (SBDC), which would provide confidence that the business would be able to stand on their own feet, both short and long term.

Item Title: 10.19
Menifee M.E.N.U. (Mom and pop, Entertainment, New, and Unique) Restaurant Start-Up Grant Item Page Number: 2
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
Menifee M.E.N.U. Restaurant Start-Up Grant
October 19, 2022

In addition, transitioning a lease spot into a location that has a full kitchen would provide for future opportunities down the road for the both the center and the community long term, giving the Menifee community something tangible. With any new incoming business, the community would benefit from the job creation and provide residents the opportunity to work closer to home. In good faith, property owner/landlord must sign a letter stating that they would work with the City to reuse equipment for the same intended end user to the best of their ability.

M.E.N.U. Program Requirements
The proposed Menifee restaurant start-up grant would provide grants ranging from a minimum of $20,000 to a maximum of $100,000, with anticipated number of projects funding ranging from 5 concepts up to 25 businesses, depending on availability of funding, score received, and purpose of grant funding. The following eligibility and distribution of funding criteria are proposed:

Eligibility Requirements
• Location must be located and/or operating within the boundaries of Menifee, California, (address cannot be a PO Box, home based, or an address that leads to a Shipping Center as their physical location).
• Must have a City of Menifee business license in a food service, brewery, or bar license category.
• Must be private for-profit business including sole proprietorships. • Must have a signed lease with an existing or incoming retail center, or at time of grant being expended, a fully executed lease shall be completed. • Be an independently-owned business and not considered a national brand/chain. • Corporations, limited liability companies and limited partnerships must have an “ACTIVE” business status with the California Secretary of State. • Must attend a free business consultation with the Small Business Development Center, with sign off from SBDC that the consultation as completed. • Must have a new unique dining restaurant concept that has an entertainment element; and must provide a visioning board or concept layout to give visuals on the proposed concept and how the concept will provide something new and different.

Eligible Use of Funds
• Expenses related to kitchen equipment
• Expenses related to a grease trap installation and equipment • Additional startup costs related to starting a unique eatery in Menifee, must be preapproved by City grant administrator. • In good faith property owner/landlord must sign a letter stating that they will work with the City to reuse equipment for the same intended end user.

Disbursement of Funds
Each applicant would propose what the grant expenditures are. Upon conditional approval, the business would be required to obtain three quotes for each item they are proposing to purchase.

The grant administrator would verify three quotes were collected, and would issue available funds to the business, collecting proof of payment upon purchase, that shall be used before December 24, 2024.

Item Title: 10.19
Menifee M.E.N.U. (Mom and pop, Entertainment, New, and Unique) Restaurant Start-Up Grant Item Page Number: 3
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
Menifee M.E.N.U. Restaurant Start-Up Grant
October 19, 2022

Pre-Application Review & Selection
A pre-application must be filled out by each applicant. The application would request a list of proposed expenses to be reimbursed/purchased, and give full details, including concept board or visual renderings of concept. Each application received is proposed to be reviewed by an internal review committee consisting of members from several different departments. Applications would be rated based on a weighted point system that prioritizes the needs of the Menifee community.

The proposed ranking system is as follows:

Ranking Criteria
Weight Percentage
Points
Desire of the Community/Amenity Gap
30% Percentage
3 Points
Jobs Created
30% Percentage
3 Points
Size of Establishment
20% Percentage
2 Points
Proposed Interior Design Investment
20% Percentage
2 Points
Each application would be given a score based upon the criteria above. If an application does not score above seven, the application does not meet the minimum criteria to be awarded. Staff would work with proposed restaurant concepts to make suggestions to re-consider in their application.

One re-application is permitted per pre-applications.

Pre-Application Period
Upon City Council approval, the grant shall open and remain open until all funds have been issued, up until December 24, 2024.

STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community
By meeting the desires of the Menifee community to provide residents and visitors with unique mom and pop dining with entertainment restaurant concepts that would provide additional economic opportunities in Menifee.

Item Title: 10.19
Menifee M.E.N.U. (Mom and pop, Entertainment, New, and Unique) Restaurant Start-Up Grant Item Page Number: 4
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
Menifee M.E.N.U. Restaurant Start-Up Grant
October 19, 2022

FISCAL IMPACT
Funding for this program would be funding with the original $500,000 approved as part of the fiscal year 2021/2022 mid-year budget process. Included within this staff report is approval of a corresponding budget amendment resolution to carry forward into fiscal year 2022/2023 the previously approved funding, specifically within account no. 301-4221-58162.

ATTACHMENT

1. Budget Amendment Resolution
Item Title: 10.19
Menifee M.E.N.U. (Mom and pop, Entertainment, New, and Unique) Restaurant Start-Up Grant Item Page Number: 5
Menifee Mayor and City Council October 19, 2022

RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with resolution 22-1157 on June 1st , 2022; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

Grant Fund Adopted FY 2022/23 Revenue Budget: $2,025,210

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 20, 2022 American Rescue Plan (ARP):

Fire Station #68 Project 301-3742 $329,429
September 21,
2022 2022 Clean Air Microgrant 301-3744 1,000
September 21,
2022 Specialized Transit Program 301-3891 150,000
October 19, 2022
American Rescue Plan: Holland Road Water,
Recycled Water, and Sewer Utilities Project
(FY21/22 Carry-Over)
301-3742 500,000
October 19, 2022 American Rescue Plan: Economic
Development Program (FY21/22 Carry-Over) 301-3742 500,000 TOTAL: $1,480,429
Amended Grant Fund FY 2022/23 Revenue Budget: $3,505,639 Grant Fund Adopted FY 2022/23 Expenditure Budget: $2,010,210

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
July 20, 2022 American Rescue Plan (ARP):

Fire Station #68 Project 301-4555-58101 $329,429
August 3, 2022 SB1383 Local Assistance Grant:

FY2021/22 Budget Carryover 301-4660-52854 141,516
September 21,
2022 2022 Clean Air Microgrant 301-4661-52844 1,000
September 21,
2022 Specialized Transit Program 301-4660-58159 150,000 October 19, 2022
Holland Road Water, Recycled Water,
and Sewer Utilities Project (FY21/22
Carry-Over)
301-4221-52216 500,000
Item Title: 10.19
Menifee M.E.N.U. (Mom and pop, Entertainment, New, and Unique) Restaurant Start-Up Grant Item Page Number: 6
Menifee Mayor and City Council October 19, 2022

Amending the Fiscal Year 2022/23 Grant Fund Budget
ARP Program
2 October 19, 2022
American Rescue Plan: Economic
Development Program (FY21/22 CarryOver)
301-4221-58162 500,000
TOTAL: $1,621,945
Amended Grant Fund FY 2022/23 Expenditure Budget: $3,632,155

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the Grant Fund for the City of Menifee for fiscal year 2022/23 is hereby increased and amended to reflect unanticipated revenues and expenditures as follows:

Revenues:

American Rescue Plan: Economic Development Program
(FY21/22 Carry-Over) $500,000
Amended Grant Fund FY 2022/23 Budget: $3,505,639

Expenditures:

American Rescue Plan: Economic Development Program
(FY21/22 Carry-Over) $500,000
Amended Grant Fund FY 2022/23 Budget: $3,632,155
PASSED, APPROVED AND ADOPTED this 19th day of October 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.19
Menifee M.E.N.U. (Mom and pop, Entertainment, New, and Unique) Restaurant Start-Up Grant Item Page Number: 7
Menifee Mayor and City Council October 19, 2022

CITY OF MENIFEE
SUBJECT: Agreement with Inland Empire Film Services, Inc. for Assistance on Attracting and Permitting Filming in the City MEETING DATE: October 19, 2022
TO: Mayor and City Council
PREPARED BY: Gina Gonzalez, Economic Development Director REVIEWED BY: Gina Gonzalez, Economic Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a three-year Memorandum of Understanding (MOU) with Inland Empire Film Services, Inc. for the preparation of film permit packages for the City.

DISCUSSION
Over the last several years Menifee has experienced large development growth, both in residential and commercial development. With the growing demand and population change, Menifee has created a robust economic development strategy to plan for strong commercial growth that assists in meeting existing and incoming demand. In addition, the economic development strategy helps to develop job creation in the area with the most recent adoption of a Comprehensive Economic Development Strategy (CEDS) and Jobs Blueprint Plan. Menifee is the first city in Southwest Riverside County to complete both.

Based on the CEDS, developing tourism is a key strategic objective to diversifying Menifee’s local economy. Traditionally, once a city has a hotel, the local bureau of tourism, chamber of commerce, or city department would develop tourism programming and partner with outside organizations to draw people into the city, to shop, stay, or play. A corner of tourism also includes welcoming outside partners, entrepreneurs, solopreneurs, and companies to highlight Menifee from its vistas, businesses, culinary scene, hotels, parks, and unique notable locations through still photography, video, motion picture, or television.

For example, the film and television industry supports/creates 2.2 million jobs, paying over $192 billion in wages annually and paying over $27 billion per year to over 359,000 businesses in cities and small towns (89% of which employee 10 or fewer people). When a movie or television show shoots on a local location like Menifee, it brings jobs, revenue and related infrastructure Item Title: 10.20
Agreement with Inland Empire Film Services, Inc. for Assistance on Attracting and Permitting Filming in the City Item Page Number: 1
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
MOU with Inland Empire Film Services, Inc.

October 19, 2022

development, providing an immediate boost to the local economy. On average, when a popular film, or show comes to a city, it can on average around $250,000 to a local city.

According to the California Film Commission, in California motion picture and television industries were directly responsible for 186,720 jobs, over $30.02 billion in wages, 115,900 construction jobs, 70,820 jobs related to distributing movies, television and video content to consumers, 569,540 indirect jobs, and over 242 films and 428 TV series in 2021.

For cities looking to boost movies or filming production in their city, some of the key indicators that producers and agents look for are:

1. The cost for services to pull a permit - If it is too expensive, competition is so tough that agents will film in more competitive cities and towns. Included in the proposed update to the City’s user fees, staff is recommending to subsidize the film permit fee to encourage economic development in the City, create jobs, assist local businesses, and hotels with activity, including diversification locally.

2. Assistance with a film service organization that could led the force to facilitate the production of film projects within the city.

3. Allowance of temporary signage for filming – Approval through the Community Development Department to allow for temporary signage without an additional cost or fee aside from the film permit. The City would have to update the current code to amend the temporary signage fees as they relate to film permits.

Rather than working with film service companies outside of the region, who may not understand the Inland Empire and attributes the region has, staff is recommending a MOU with Inland Empire Film Services, Inc. (IEFS).

IEFS has over 40 years of experience with 50 plus cities, towns, and special land-use districts when film crews are deciding where to film. IEFS created a one-stop shop for the film industry and for local cities to work alongside city departments on required community notifications, lane and street closures, posting relevant street and road signs, barricades, safety gear, law enforcement needs, and processing permits, to name a few. IEFS has handled films such as Iron Man, Pirates of the Caribbean: At World’s End, The Changeling, and Valkyrie. In addition they have assisted with top television shows such as 24, Marvel’s Agents of S.H.I.E.L.D., Veep, Top Gear and The Grand Tour. They currently only operate in San Bernadino County and Riverside County, including cities such as Temecula, Palm Springs, La Quinta, Ontario, Riverside, San Bernardino, and most recently Wildomar.

The proposed MOU would permit IEFS to act on behalf of the City to assist in attracting filming and partake in discussion on the permitting processes, reviewing incoming applications, and work with Community Development and Economic Development to process film permits in the City.

Menifee’s Economic Development Department would partner with IEFS on co-marketing opportunities such as scout panels, magazine ads, creative listings, and awards. Additionally, the City could partner on additional services such as comprehensive annual economic reports, additional traffic control needs, and additional notification services.

Item Title: 10.20
Agreement with Inland Empire Film Services, Inc. for Assistance on Attracting and Permitting Filming in the City Item Page Number: 2
Menifee Mayor and City Council October 19, 2022

City of Menifee Staff Report
MOU with Inland Empire Film Services, Inc.

October 19, 2022

As a part of the MOU with IEFS, services would be monitored and reported to the City, including, but not limited to, an annual report submitted in March every calendar year that would include economic impacts, number of projects and number of production days. Pursuant to the terms of the proposed MOU, IEFS would be allowed to charge an administrative fee per permit charge to be paid by the film production company. Additionally, IEFS as part of the MOU, agreed to indemnify the City, and IEFS would work with the City’s procurement division in Finance to obtain insurance coverage per the City’s insurance guidelines.

Additionally, within the MOU staff could partner for on-call services for the City for marketing opportunities with Inland Empire Film Services (IEFS) to attract movie, and tv series production in Menifee.

STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community

FISCAL IMPACT
There is no cost associated with the MOU with Inland Empire Film Services.

ATTACHMENTS

1. MOU with Inland Empire Film Services (IEFS)
Item Title: 10.20
Agreement with Inland Empire Film Services, Inc. for Assistance on Attracting and Permitting Filming in the City Item Page Number: 3
Menifee Mayor and City Council October 19, 2022

MEMORANDUM OF UNDERSTANDING
Between

CITY OF MENIFEE
And

INLAND EMPIRE FILM SERVICES
Concerning

PREPARATION OF FILM PERMIT PACKAGES FOR THE

CITY OF MENIFEE ON BOTH PUBLIC AND PRIVATE PROPERTIES
I. PURPOSE
This Memorandum of Understanding (“MOU”) provides for the coordination and cooperation between the City of Menifee (“CITY”) and the Inland Empire Film Services (“IEFS”) in the preparation of film permit packages for marketing and filming on public and private lands in within the jurisdiction of the CITY.

II. OBJECTIVE
The IEFS will initiate the film permit packages process for filming in the CITY, in order to efficiently permit the film community to use certain public and private properties for filming.

IEFS will assist film permit applicants in preparing film permit packages, and submit those film permit packages to the CITY for review. IEFS will act as an intermediary between applicants and the CITY for the collection of applicable fees and the transmittal of CITY-issued film permits.

III. DEFINITIONS

1. The term “applicant” means an applicant for a film permit.

2. The term “film permit” means a permit issued by the CITY permitting a permittee to film at a particular CITY property, and including any CITY-issued conditions.

3. The term “film permit package” means an application for a film permit, including all documentation and approvals required by the CITY. The film permit package shall include the CITY’s current film permit application and any other documentation required by the CITY Department of Community Development, as the same may be changed from time to time.

Item Title: 10.20
Agreement with Inland Empire Film Services, Inc. for Assistance on Attracting and Permitting Filming in the City Item Page Number: 4
Menifee Mayor and City Council October 19, 2022

4. The term “parties” means the IEFS and the CITY, each of which are each referred to individually as a “party”.

5. The term “permittee” means an entity holding a film permit.

IV. RIGHTS AND RESPONSIBILITIES
A. The IEFS rights and obligations are as follows:

1. The IEFS shall receive inquiries from potential permittees and provide general information regarding the sites, process, time frames, and fees for film permits.

General information shall include but shall not be limited to the sharing of local lodging and restaurant options to use when filming in the CITY.

2. The IEFS shall provide film permit packages and instructions to qualifying potential permittees.

3. The IEFS shall review incoming film permit packages to ensure that they are complete, correct, and within the parameters for filming. Every effort will be made to make certain that the film permit package accurately reflects what the applicant intends to do in the CITY.

4. The IEFS shall notify the CITY Community Development Director, or designee of pending film permit packages, and coordinate with Economic Development as a courtesy.

5. The IEFS shall prepare any additional documents necessary to complete a film permit package for the expeditious issuance of a film permit and submit it to the CITY for review and possible approval.

6. The IEFS shall provide information to applicants and permittees on forms of payment accepted by the CITY for all applicable fees. Such fees may include rental, application, encroachments, public safety needs, monitoring and/or a bond. All fees shall be submitted to the CITY when the film permit package is submitted to the CITY, or when otherwise specified by the CITY.

7. The IEFS shall receive payment for the fees specified in paragraph 6 as necessary. The IEFS shall be accountable, and the CITY shall not be accountable, for payment collected by IEFS until such time as such payment is delivered to the CITY for the payment of fees, and the CITY accepts the payment, confirmed in a receipt or writing.

8. The IEFS may charge a IEFS fee to applicants in order to compensate the IEFS for its service in preparing a film permit package. It is agreed that the IEFS may charge a fee per film permit package to be paid by the applicant. Other IEFS fees might be applied and charged to the applicant on a case-by-case basis, depending on the complexity and needs of the film permit package.

However, fees collected on behalf of the CITY shall be submitted to the CITY in the manner provided herein.

Item Title: 10.20
Agreement with Inland Empire Film Services, Inc. for Assistance on Attracting and Permitting Filming in the City Item Page Number: 5
Menifee Mayor and City Council October 19, 2022

9. In the event the CITY issues a film permit, IFES shall receive such film permit and transmit it to the permittee.

B. The CITY’s rights and obligations are as follows:

1. The CITY shall keep the IEFS abreast of any changes to the CITY’s film permitting regulations, policies, procedures, and fees. Also, the CITY will inform IEFS of any CITY staff changes, CITY Council decisions, land exchanges, or other CITY regulatory changes which substantially and directly impact filming within the CITY.

2. The CITY shall conduct the necessary review of film permit packages and obtain the necessary signatures to issue a film permit, if appropriate. Every effort will be made to issue or deny film permits within four (4) business days, or sooner, after receiving a complete film permit package. For the more complex proposals that include crashes, stunt driving, special effects or use of aircraft every effort will be made to issue or deny film permits within seven (7) full business days, or sooner. For clarity, this MOU authorizes IEFS staff to initiate the processing of film permits in the CITY, but not to make other representations on behalf of or for the CITY without the CITY’s consent.

Nothing contained in the MOU is intended to limit the CITY’s sole discretion on whether to issue or deny a film permit.

3. If a film permit is issued, the CITY shall, provide a copy of the executed and approved film permit to the IEFS for issuance to the applicant. If a film permit is denied, the CITY will inform IEFS of such decisions with an explanation of the reasons for the denial.

IV. INDEMNIFICATION AND INSURANCE
A. Indemnification.

1. To the full extent permitted by law, the CITY shall indemnify, protect, defend (with counsel reasonably approved by the IEFS), and hold harmless the IEFS, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if the CITY fails to provide a defense for the IEFS, the legal costs of counsel retained by the IEFS) and any judgment (collectively, “Claims”) where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this MOU by the CITY or by any individual or entity for which the CITY is legally liable, Item Title: 10.20
Agreement with Inland Empire Film Services, Inc. for Assistance on Attracting and Permitting Filming in the City Item Page Number: 6
Menifee Mayor and City Council October 19, 2022

including but not limited to officers, agents, employees or subcontractors of the CITY.

2. To the full extent permitted by law, the IEFS shall indemnify, protect, defend (with counsel reasonably approved by the CITY), and hold harmless the CITY, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this MOU by the IEFS or by any individual or entity for which the IEFS is legally liable, including but not limited to officers, agents, employees or subcontractors of the IEFS.

B. Insurance. The IEFS shall have insurance for IEFS’ performance of this MOU in a form approved by the CITY’s Risk Manager.

IV. ADMINISTRATION
A. Annual meeting. The parties to this MOU shall meet, as needed, to discuss the process, procedures, and any other pertinent issues regarding the preparation of film permit packages. However, the parties agree to meet at least once a year to review the adequacy, effectiveness, and continuing need of this MOU. This can be accomplished via conference or video call if both parties agree.

B. Annual Report. IEFS will provide an annual report on services, applicants, and/or permits issued and the value of the partnership and coordinate the report with the City’s Economic Development Department and Community Development Department.

C. Amendment. The terms of this MOU may be modified only by written amendment approved by both parties. Any changes or amendments to this MOU are incorporated into and made part of this MOU as fully and effectively as if they were set forth herein in their entirety. Such changes or amendments will be effective upon the signature of both parties.

D. Termination. This MOU may be terminated in writing, at any time for any reason, by either party, following thirty (30) days written notice to the other party.

E. Term. This MOU shall be for a three (3) year period commencing on October XX, 2022. The MOU may be extended by an amendment pursuant to paragraph B.

F. Effective Date. This Agreement shall become effective upon the signature of both parties.

G. IEFS Marketing Services. The parties acknowledge that the IEFS offers marking services, which are not encompassed by this MOU. In the event the CITY elects to procure marketing services from the IEFS, the parties will separately discuss such services, which shall be subject to a separate agreement, memorandum of understanding, or appropriate document.

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Menifee Mayor and City Council October 19, 2022

H. Independent Contractors. It is expressly agreed that the parties shall be independent contractors and that the relationship between the parties shall not constitute a partnership, joint venture, or agency.

I. Law, Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this MOU. In the event that either party brings any action against the other under this MOU, the parties agree that trial of such action shall be vested exclusively in Riverside County.

J. Attorneys’ Fees. If either party brings any action, including an action for declaratory relief, to enforce or interpret the provision of this MOU, the prevailing party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by the CITY for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.

K. Severability. If any provision of this MOU is held invalid, the remainder of this MOU shall not be affected thereby and all other parts of this MOU shall nevertheless be in full force and effect.

L. No Implied Waiver or Breach. The waiver of any breach of a specific provision of this MOU does not constitute a waiver of any other breach of that term or any other term of this MOU.

M. No Third Party Beneficiaries. There are no intended third-party beneficiaries under this MOU and no such other third parties shall have any rights or obligations hereunder.

Counterparts. This MOU may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

V. AUTHORIZATION
IN WITNESS WHEREOF, the undersigned agree that the terms of this Memorandum of Understanding outline the process and responsibilities for each party in the preparation of minimal impact film permits for productions within the City of Menifee. __________________________ __________________________
City of Menifee Daniel R. Taylor
President
Inland Empire Film Services, Inc.

Item Title: 10.20
Agreement with Inland Empire Film Services, Inc. for Assistance on Attracting and Permitting Filming in the City Item Page Number: 8
Menifee Mayor and City Council October 19, 2022

__________________________ __________________________
Date Date
Item Title: 10.20
Agreement with Inland Empire Film Services, Inc. for Assistance on Attracting and Permitting Filming in the City Item Page Number: 9
Menifee Mayor and City Council October 19, 2022

CITY OF MENIFEE
SUBJECT: Menifee Commerce Center Industrial Development MEETING DATE: October 19, 2022
TO: Mayor and City Council
PREPARED BY: Brett Hamilton, Senior Planner
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION

1. Adopt a resolution certifying the Environmental Impact Report, adopt the Findings of Fact and Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program and direct staff to file a Notice of Determination; and

2. Adopt a resolution approving General Plan Amendment No. PLN21-0100; and

3. Introduce an ordinance approving Change of Zone No. PLN21-0101; and

4. Introduce an ordinance approving Specific Plan Amendment No. 2019-006; and

5. Adopt a resolution approving Tentative Parcel Map No. 38156 (PLN21-0205) subject to the attached conditions of approval and based upon the findings and conclusions incorporated in the staff report; and

6. Adopt a resolution approving Plot Plan No. 2019-005 subject to the attached conditions of approval and based upon the findings and conclusions incorporated in the staff report.

DISCUSSION
At the September 28, 2022 Planning Commission meeting, the Planning Commission voted unanimously adopting Resolution No. PC22-572, recommending the City Council certify the Environmental Impact Report (EIR), adopt the Finding of Fact and Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program, and adopted Resolution No.

PC22-573 recommending the City Council approve all of the entitlements for the project. Six people spoke in support of the project. There were no speakers in opposition. The City received comment letters/emails from: 1) Thomas Giedroyce; 2) Golden State Environmental Justice Alliance; and, 3) South Coast Air Quality Management District. The City also met with the California Department of Fish and Wildlife.

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Menifee Mayor and City Council October 19, 2022

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Menifee Commerce Center Industrial Development
October 19, 2022

Under the California Environmental Quality Act (CEQA), the City is not required to respond to comments on the Final Environmental Impact Report (FEIR). However, staff reviewed each of the letters, consulted with legal counsel and the environmental consultant and determined that no additional information or substantial evidence was provided by any of the commenters that would require changes to the EIR. Staff and the Planning Commission’s assessment affirms that the FEIR fully complies with the provisions of CEQA and is complete and adequate.

Project Description
General Plan Amendment No. PLN21-0100 proposes to change the General Plan land use designation of APN 331-140-010 and 331-110-027 from Heavy Industrial (HI) to Specific Plan (SP) and APN 331-140-021 and 331-140-018 from Business Park (BP) to Specific Plan (SP).

Specific Plan Amendment No. 2019-006 proposes to modify the boundary of the Specific Plan No. 260 (Menifee North Specific Plan) to include APN 331-140-010, 331-140-018, 331-140-021 and 331-110-027 within Planning Area 2 (“Industrial”).

Change of Zone No. PLN21-0101 proposes to change the zoning classification of APN 331-140- 010 and 331-140-027 from Heavy Industrial (HI) and APN 331-140-018 and 331-140-021 from Business Park (BP) to Specific Plan No. 260, Planning Area 2 (“Industrial”).

Tentative Parcel Map No. 38156 (PLN21-0205) proposes to combine four parcels (APNs 331- 140-010, 331-140-018, 331-140-021, and 331-140-025) into one parcel for a total of 56 gross acres and a proposal to combine three parcels (APNs 331-110-035, 331-110-027, and 331-110- 041) into one parcel for a total of 21.79 gross acres.

Plot Plan No. 2019-005 proposes the construction of two concrete tilt-up buildings. Building 1 would total approximately 1,254,160 square feet (SF) of warehouse, inclusive of 144,220 SF of mezzanine, and 14,500 SF of office space. Building 1 would be 50 feet high and would include 679 automobile parking spaces and 369 truck trailer parking spaces. Building 2 would total approximately 385,970 SF of warehouse, inclusive of 10,000 SF of office space. Building 2 would be 47 feet high and would include 232 automobile parking spaces and 154 truck trailer parking spaces. Additional parapet wall height above 50 feet would be provided to completely screen all rooftop equipment and provide roof height offsets for enhanced building façades.

Project Location
The project is generally bounded by a Riverside County Flood Control Channel, a Southern California Edison (SCE) easement and McLaughlin Road to the south, Ethanac Road to the north, Dawson Road to the east, and Trumble Road to the west, in the northeastern part of the City of Menifee, County of Riverside, State of California.

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Menifee Mayor and City Council October 19, 2022

City of Menifee City Council
Menifee Commerce Center Industrial Development
October 19, 2022

Vicinity Map
Site Plan
Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 3
Menifee Mayor and City Council October 19, 2022

City of Menifee City Council
Menifee Commerce Center Industrial Development
October 19, 2022

General Plan & Zoning
The General Plan land use designation and zoning for the project site includes Menifee North Specific Plan (SP), Heavy Industrial (HI) and Business Park (BP). The project includes the proposal to change APN 331-140-010 and 331-110-027 from Heavy Industrial (HI) to Menifee North Specific Plan (SP) and to change APN 331-140-021 and 331-140-018 from Business Park (BP) to Menifee North Specific Plan (SP). The four parcels would all be added to Planning Area 2 in the Menifee North Specific Plan, Planning Area 2 which is intended for Industrial development.

All three designations (Menifee North SP “Industrial”, Heavy Industrial, and Business Park) allow for the development of industrial and warehousing related uses which the proposed project is consistent. However, because four parcels making up a minority of the Project site differ from the Menifee North SP designation, modifications are being required to consolidate the site’s designation to Menifee North SP, and provide for a single set of development and design standards to be uniformly applied to the entirety of the Project site.

Specific Plan Amendment
The purpose of the Menifee North Specific Plan Amendment No. 4 (SP260A4), is to modify the boundary and acreage for Planning Area 2 to provide consistency with the proposed Plot Plan (PP 2019-005) and Tentative Parcel Map (TPM 38156) which are being processed concurrently with SP260A4. Change of Zone PLN21-0101 and General Plan Amendment No. PLN21-0100 are also being processed currently to ensure consistency among the Specific Plan and the City’s General Plan Land Use Designation and Zoning Maps. SP260A4, specifically proposes to change the boundary of Planning Area 2 currently designated Industrial. Planning Area 2 would increase in size from 138.8 acres to 145.2 acres. Additionally, SP260A4 makes clear the Planning Areas that were removed under the third amendment to the Menifee North Specific Plan (SP260A3) as a result of the City’s incorporation and provides a total acreage of those areas that lie within the City of Menifee. It also provides a correction for acreage that was incorrectly identified for Planning Area 2. Hence, SP260A4 will provide technical corrections for errors and omissions resulting from SP260A3.

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Menifee Mayor and City Council October 19, 2022

City of Menifee City Council
Menifee Commerce Center Industrial Development
October 19, 2022

Circulation
Regional Project access would be from I-215 via Ethanac Road. Local access would be provided via Trumble Road, McLaughlin Road, Sherman Road, and Dawson Road. Project site ingress and egress for Building 1 would be via two driveways on Sherman Road and two driveways on Dawson Road. Access to Building 2 would be via two driveways on Trumble Road and two driveways on Sherman Road.

Parking
The Menifee North Specific Plan outlines the parking requirements for the project. As demonstrated in Table 1, the Project meets all the parking requirements.

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Menifee Mayor and City Council October 19, 2022

City of Menifee City Council
Menifee Commerce Center Industrial Development
October 19, 2022

TABLE 1 – Parking Summary
Building 1 Building 2 Total
Office: 1/250 SF 58 40 98
Warehouse: 1/2,000 SF 620 188 808
Total Required 678 228 906
Total Provided 679 232 911
Infrastructure Improvements
The project would construct a large amount of public infrastructure improvements as part of project development. This report will highlight a few of the larger improvements. Sherman Road and Dawson Road are currently dirt roads. Both roads would be constructed to the ultimate half width along the entire frontage of the project with curb, sidewalk, bike lane, plus an additional 12 feet past the centerline of the road. Additional roadway pavement would be provided on these roads beyond the project boundary to provide sufficient circulation routes to and from the project.

Ethanac Road would be widened to two through lanes in each direction, spanning from Sherman Road to I-215 northbound ramps. Roadway paving would be added south of the project boundary on Sherman Road to McLaughlin Road and then a two-lane roadway on McLaughlin Road between Sherman Road and Trumble Road. This segment of McLaughlin Road currently doesn’t exist so adjacent property would need to be acquired before the roadway construction could begin. New traffic signals would be installed on Ethanac at Sherman Road and at Dawson Road, along with several other improvements at multiple intersections to achieve acceptable turning movements in all directions. Utility improvements would be constructed which include new water lines, recycled water lines, sewer, and storm drain lines.

Landscaping
Landscape standards for the Project are outlined in the Menifee North Specific Plan. Irrigated landscaped areas for the Project site would be comprised of 337,034 square feet of on-site landscaping (approximately 12% of the Project site) and 43,118 SF of off-site landscaping.

Landscaping would be comprised of drought-tolerant shrubs and ground cover and evergreen and deciduous trees. 990 trees are proposed to be planted. In addition, the landscape plans feature site amenities that coordinate and compliment the proposed project, including outdoor break areas, benches, bike racks, lighting, and trash receptacles.

On both Sherman Road and Dawson Road, 14 foot tall decorative concrete walls would be constructed to screen all loading areas, trucks, and trailers from public view. The visual height of the walls will be reduced on the public street side through the use of landscaped berms.

Approximately eight feet of the screen wall would be visible from Sherman Road and Dawson Road. As shown in the conceptual landscape plans, the intent is to provide dense landscape coverage with a variety of trees, shrubs and ground cover to soften the wall and to provide an aesthetically pleasing street scene.

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Menifee Mayor and City Council October 19, 2022

City of Menifee City Council
Menifee Commerce Center Industrial Development
October 19, 2022

Elevations
The proposed buildings have unique design features that help give each building its own identity.

There are also shared architectural elements to provide for a cohesive development. There is a blend of roof forms, color, and materials. Visual interest is maintained throughout the project by enhancing architectural detailing and façade articulation along all building elevations. Conceptual renderings of each proposed building are provided below.

Building 1 (1,254,160 S.F.) - Southwest Corner
Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 7
Menifee Mayor and City Council October 19, 2022

City of Menifee City Council
Menifee Commerce Center Industrial Development
October 19, 2022

Building 2 (385,970 S.F.) - Northeast Corner
Industrial Good Neighbor Policies
On March 2, 2022, the City Council adopted the Industrial Good Neighbor Policies. The focus of the policies can be summarized in three sections:

1. Minimize impacts to sensitve uses

2. Protect public health, safety and welfare by regulating the design, location and operation of industrial facilities

3. Protect neighborhood character of adjacent residential communities When reviewing the proposed project, the Industrial Good Neighbor Policies were referenced to ensure a compliant project. Implemented policies include added landscape buffers, screen walls, improved building design, community outreach, increased building and loading dock setbacks, on-site truck queuing, on-site signage, and environmental mitigation measures.

Environmental Information
Notice of Preparation (NOP)
On June 11, 2021, the City of Menifee publicly noticed its decision to prepare an EIR and hold a public scoping meeting for the Project by noticing the California Governor’s Office of Planning and Research (State Clearinghouse), and distributed the NOP to various agencies and surrounding property owners and residents in accordance with the California Environmental Quality Act (CEQA) requirements. The NOP comment period was from June 11, 2021 to July 12, 2021. On June 29, 2021, the City of Menifee held a duly noticed public scoping meeting at City Hall regarding the preparation of the EIR and provided an opportunity for members of the public to comment on the scope of environmental issues to be addressed in the EIR.

EIR Impacts
Within the EIR that has been prepared for the Menifee Commerce Center Project (State Clearinghouse No. 2021060247), mitigation measures are provided under the categories of Air Quality, Biological Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards, Hydrology and Water Quality, Noise, and Transportation. The EIR determined that the Project could result in significant and unavoidable impacts under the categories of Air Quality and Greenhouse Gases based on the analysis and findings in the Draft EIR (DEIR), and requires Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 8
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City of Menifee City Council
Menifee Commerce Center Industrial Development
October 19, 2022

adoption of a Statement of Overriding Considerations (SOOC). A brief description of these impacts is as follows:
• Air Quality: As described in the Air Quality subchapter of the DEIR, the project would result in significant and unavoidable impacts relating to operational Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOx) emissions under Scenario 1 and NOx emissions under Scenario 2. Each scenario is further explained within the EIR.

Approximately 99 percent of the Project’s NOX emissions are derived from vehicle usage which cannot be directly regulated by the City. The majority of on-site operational VOC emissions are derived from consumer products. For analytical purposes, consumer products include cleaning supplies, aerosols, cosmetics, and toiletries. As such, the Project cannot meaningfully control the use of consumer products by future building users via mitigation.
• Greenhouse Gases (GHG): Construction and operation of the Project would generate a total of 20,078.73 MTCO2e/yr under Scenario 1 and a total of 12,722.54 MTCO2e/yr under Scenario 2. Even with the Project’s compliance with applicable rules, adherence to standard conditions and requirements, and the imposition of all feasible mitigation measures, the Project’s operational GHG would exceed the applicable regional thresholds of significance under both Scenarios. Approximately 90 percent of the Project’s GHG emissions under Scenario 1 and 85 percent of the Project’s GHG emissions under Scenario 2 are derived from vehicle usage which cannot be directly regulated by the City. Therefore, GHG emissions under both scenarios are considered significant and unavoidable.

DEIR Public Review
The City distributed the DEIR for public review from June 7, 2022 and ending on July 21, 2022.

During the public review period, comments on the Draft EIR were received from the following agencies, groups, or individuals:

1. Riverside Transit Agency

2. California Department of Fish and Wildlife

3. Blum Collins & Ho, LLP Attorneys at Law

4. Adams Broadwell Joseph & Cardozo

5. Advocates for the Environment

6. City of Perris

7. Peggy Tuttle

8. Linda Jones

9. Adam Salcido
The City prepared a FEIR, consisting of all of the comment letters received during the 45-day public review and comment period on the DEIR, written responses to those comments, and revisions and errata to the Draft EIR. The FEIR was distributed to the DEIR commenters prior to the Planning Commission hearing. The FEIR, and DEIR, including technical appendices can be accessed for review on the City website at https://www.cityofmenifee.us/325/EnvironmentalNotices-Documents.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 9
Menifee Mayor and City Council October 19, 2022

City of Menifee City Council
Menifee Commerce Center Industrial Development
October 19, 2022

Findings of Fact and Statement of Overriding Considerations Because the EIR identified unavoidable significant adverse impacts that could not be mitigated below the level of significance, Findings of Fact and a Statement of Overriding Consideration (SOOC) is required to approve the project. The Findings of Fact and SOOC is included within the resolution for the EIR for consideration by the City Council.

According to the SOOC the following social, economic, and environmental benefits of the project independent of the other benefits, outweigh the potential significant unavoidable adverse impacts and render acceptable each of the unavoidable adverse environmental impacts:

1. All feasible mitigation measures have been imposed to lessen Project impacts to less than significant levels; alternatives to the Project are infeasible because while they have similar or less environmental impacts, they do not provide the economic benefits of the Project, or are otherwise socially or economically infeasible when compared to the Project.

2. The Project is consistent with and will contribute to achieving the goals and objectives established by the General Plan.

3. The Project would create employment-generating opportunities for citizens of Menifee and surrounding communities through construction, operation, and indirect jobs off-site within the City.

4. The Project would attract businesses that can expedite the delivery of essential goods to consumers and businesses in Menifee and beyond the City boundary.

5. There would be an increase in property taxes through development of vacant and unused parcels, payment of development impact fees (DIFs), investment in infrastructure spurring growth leading to more permanent City jobs and increased economic output.

6. The Project would provide improved infrastructure that would enhance the quality of life for the City’s residents by linking land use, transportation and infrastructure development.

7. The Project would provide a high quality and sustainable development by meeting CalGreen Building Code energy efficiency requirements.

Community Outreach
In addition to all of the City set public notices, the project applicant conducted community outreach efforts through phone calls and door-to-door canvassing of the properties directly adjacent to and in the vicinity of the project.

Public Notice
Public notices were distributed on October 9, 2022 for the October 19, 2022 City Council hearing.

Notices were published in The Press Enterprise and notices were sent to owners and non-owner residents within 300 feet of the Project site boundaries and to all relevant agencies and interested parties. On-site postings were provided.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 10
Menifee Mayor and City Council October 19, 2022

City of Menifee City Council
Menifee Commerce Center Industrial Development
October 19, 2022

STRATEGIC PLAN OBJECTIVE
Livable & economically prosperous community.

FISCAL IMPACT
There is no fiscal impact to the City’s General Fund associated with the recommended action.

ATTACHMENTS

1. Project Summary Table

2. Project Plans & Exhibits

3. Resolution – Environmental Impact Report (EIR)

4. Exhibit A – Findings and SOOC

5. Exhibit B – MMRP

6. Exhibit C – DEIR and FEIR Virtual Location

7. Resolution – General Plan Amendment (GPA)

8. Resolution GPA Exhibit

9. Ordinance – Change of Zone (CZ)

10. Ordinance Change of Zone Exhibit

11. Ordinance – Specific Plan Amendment (SPA)

12. Ordinance SPA Exhibit

13. Resolution – Tentative Parcel Map (TPM)

14. TPM Conditions of Approval

15. Resolution – Plot Plan (PP)

16. PP Conditions of Approval

17. Public Hearing Notice

18. Correspondence Received
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Attachment 1
Project Summary Table
Summary of Pertinent Land Use and Policy Designations for Proposed Project Category Information
General Plan
General Plan Land Use
Designation Specific Plan (SP), Heavy Industrial (HI), Business Park (BP) Surrounding General Plan
Land Use Designation
North: Business Park (BP)
South: Public Utility Corridor (PUC)
East: Specific Plan (SP)
West: City of Perris
Zoning
Zoning Designation Menifee North Specific Plan; Planning Area 2 - Industrial Heavy Industrial (HI), Business Park (BP)
Surrounding Zoning
Designations
North: Business Park (BP)
South: Public Utility Corridor (PUC)
East: Menifee North Specific Plan; Planning Area 2 - Industrial West: City of Perris
Other Information
Existing Use Mostly vacant, two non-conforming residential homes Surrounding Uses
North: Commercial and residential uses
South: Flood control channel, Southern California Edison Easement
East: Dawson Road with vacant property beyond
West: City of Perris, vacant property but approved entitlement Gross Acreage 77.67 gross acres (72.12 net acres)
Building Square Footages Building 1 – 1,254,160 total square feet Building 2 – 385,970 total square feet
Floor Area Ratio (FAR) Building 1 – 0.55
Building 2 – 0.43
Parking Required Spaces: 906
Spaces Provided: 911
Landscaping Required – 313,986 sq. ft. (10%)
Provided – 337,034 sq. ft. (approximately 10.7%)
Assessor Parcel Numbers 331-110-027, - 035 & -041 and 331-140-010, -018, -021 & -025 Environmental Review An Environmental Impact Report (FEIR) has been prepared for the project (State Clearinghouse No. 2021060247).

Policy Areas Mt. Palomar Nighttime Lighting Policy Area; Zone B District Information
School: Romoland & Perris Union High School District
Water/Sewer: Eastern Municipal Water District
Flood Control: Riverside County Flood Control District
ALUC: Riverside County Airport Land Use Compatibility Plan Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 12
Menifee Mayor and City Council October 19, 2022

Summary of Pertinent Land Use and Policy Designations for Proposed Project Category Information
Fees

1. Subsequent review fees on an hourly basis per Resolution No. 18-741 (Cost of Services Fee Study)

2. Development Impact Fees

3. Western Riverside Multi-Species Habitat Conservation Plan (WRMSHCP) fee (Chapter 8.27)

4. Stephen’s Kangaroo Rat fees (Ord. No. 663)

5. WRCOG Transportation Uniform Mitigation Fee (Ord. 824) Letters Received
Nine comment letters received on Draft Environmental Impact Report (noted in Staff Report); Responses to the nine comment letters are included in the Final EIR.

Source: Planning case file and GIS system, August 2022
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Project Number: Revision: Date: Drawn by: Title: Sheet: C I V I L STRUCTURAL MECHANICAL PLUMBING ELECTRICAL LANDSCAPE SOILS ENGINEER FIRE PROTECTION 19567 CR 8/5/21 fax: 949 863 0851 tel: 949 863 1770 email: [email protected] 92612 irvine, ca 18831 bardeen avenue, - ste. #100
hpa, inc. WEBB 300 Spectrum Center Drive Suite 880 MENIFEE, CA -----
- HUNTER ETHANAC & SHERMAN ETHANAC RD. & SHERMAN RD.

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L I F O R N I A DATE RENEWAL 3-31-23 C-29451 Irvine CA 92618 949-467-3290 ATTN: Jon Kelly OVERALL FLOOR PLAN 1-DAB-A2.1 Item Title: 11.1 Menifee Commerce Center Industrial DevelopmentItem Page Number: 16 Menifee Mayor and City Council                                                                               October 19, 2022Page 426 of 919 Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 17
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Project Number: Revision: Date: Drawn by: Title: Sheet: C I V I L STRUCTURAL MECHANICAL PLUMBING ELECTRICAL LANDSCAPE SOILS ENGINEER FIRE PROTECTION 19567 CR 8/5/21 fax: 949 863 0851 tel: 949 863 1770 email: [email protected] 92612 irvine, ca 18831 bardeen avenue, - ste. #100
hpa, inc. WEBB 300 Spectrum Center Drive Suite 880 MENIFEE, CA -----
- HUNTER ETHANAC & SHERMAN ETHANAC RD. & SHERMAN RD.

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L I F O R N I A DATE RENEWAL 3-31-23 C-29451 Irvine CA 92618 949-467-3290 ATTN: Jon Kelly OVERALL FLOOR PLAN 2-DAB-A2.1 Item Title: 11.1 Menifee Commerce Center Industrial DevelopmentItem Page Number: 21 Menifee Mayor and City Council                                                                               October 19, 2022Page 431 of 919 Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 22
Menifee Mayor and City Council October 19, 2022

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 23
Menifee Mayor and City Council October 19, 2022

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 24
Menifee Mayor and City Council October 19, 2022

TREES SYMBOL TREE NAME QTY. WUCOLS PROPOSED STREET TREE ALONG SHERMAN RD., TRUMBLE RD. & DAWSON RD. -PLATANUS A. 'COLUMBIA', PLANE TREE -QUERCUS VIRGINIANA, SOUTHERN LIVE OAK-PISTACHIA CHINESIS 'KEATH DAVEY', CHINESE PISTCH 24" BOX SIZE 47/ 45/ 47

M SPECIMEN SIZE TREE -KOELREUTERIA BIPINNATA, CHINESE FLAME TREE -QUERCUS AGRIFOLIA, COAST LIVE OAK 36" BOX SIZE 59 L FLOWERING ACCENT TREE -CERCIS OCCIDENTALIS, WESTERN REDBUD-CERCIDIUM F. 'DESERT MUSEUM', PALO VERDE-CHITALPA TASKENTENSIS, CHITALPA TREE 36" BOX SIZE 31/ 104

L PROPERTY LINE SCREEN TREE -QUERCUS AGRIFOLIA, COAST LIVE OAK -QUERCUS ILEX, HOLLY OAK 24" BOX SIZE SIZE 159 L NARROW UPRIGHT GROWING TREES -BRACHYCHITON POPULNEUS, BOTTLE TREE -GEIJERIA PARVIFLORA -MELALEUCA CAJEPUT, PAPER BARK TREE- TRISTANIA CONFERTA, BRISBANE BOX- PODOCARPUS GRACILIOR, FERN PINE 24" BOX SIZE 153/ 61 L PROPOSED PARKING LOT SHADE TREE -QUERCUS ILEX, HOLLY OAK -ULMUS P. 'TRUE GREEN' -RHUS LANCEA, AFRICAN SUMAC 24" BOX SIZE 158LML EVERGREEN SCREEN TREES ALONG STREET FRONTAGE AND ADJACENT TO TRUCK YARD -PINUS ELDARICA, AFGHAN PINE -QUERCUS AGRIFOLIA, COAST LIVE OAK 24" BOX SIZE 126 L PLANTING LEGEND GROUND COVER AND SHRUB MASSES SYMBOL GROUND COVER/SHRUB MASS NAME WUCOLS ALOE STRIATA, CORAL ALOE 5 GAL. SIZE @ 24" O.C.

L BACCHARIS P. 'TWIN PEAKS', DWARF COYOTE BRUSH
1 GAL. SIZE @ 42" O.C.

L DIETES BICOLOR, FORTNIGHT LILY
1 GAL. SIZE @ 24" O.C.

M ENCELIA DESERTII, BRITTLE BRUSH
5 GAL. SIZE @ 42" O.C.

L HESPERALOE P. 'YELLOW', YELLOW YUCCA
5 GAL. SIZE @ 30" O.C.

L VERBENA L. 'DE LA MINA', ISLAND VERBENA
1 GAL SIZE @ 30" O.C.

L LEYMUS 'CANYON PRINCE' C.P. RYE GRASS 1 GAL. SIZE @ 36" O.C.L MUHLENBERGIA DUBIA, PINE MUHLY 1 GAL. SIZE @ 30" O.C.

L ROUMNEYA COULTERI, CALIFORNIA TREE POPPY
5 GAL. @ 48" O.C.

L ROSMARINUS O. 'PROSTRATUS', CREEPING ROSEMARY
1 GAL. SIZE @ 30" O.C.

L SALVIA C. 'ALLEN CHICKERING', ALLEN CHICKERING SAGE
5 GAL. SIZE @42" O.C.

L SALVIA DORII, DESERT PURPLE SAGE
5 GAL. SIZE @ 48" O.C.

L STORM WATER DETENTION BASINS TO RECEIVE HYDROSEED APPLICATION M MODULAR WETLAND UNIT LEYMUS 'CANYON PRINCE' 5 GAL. SIZE @ 36" O.C.

L EROSION CONTROL GROUND COVER AT BASIN SLOPES BACCHARIS 'TWIN PEAKS', COYOTE BUSH 1 GAL. @ 36" O.C. NOTE: · ALL SHRUB PLANTING AREAS WITHIN LIMIT OF WORK SHALL RECEIVE A 3" LAYER OF SHREDDED WOOD MULCH. PROVIDE SUBMITTAL FOR REVIEW PRIOR TO INSTALLATION. · MINIMUM NURSERY CONTAINER SIZES FOR TREES SHALL BE 24-INCH BOX, ACCENT TREES/ 36-INCH BOX, SHRUBS/ 5-GAL., AND GROUND COVERS/ GRASSES/ PERENNIALS/ 1 GALLON. A MIN. OF 10% OF TOTAL TREE QUANTITY SHALL BE SPECIMEN SIZE (36" BOX SIZE OR LARGER). · -PLAN SHALL COMPLY WITH CITY OF MENIFEE, LANDSCAPE
WATER USE EFFICIENCY REQUIREMENTS, MCC 15.04;
LANDSCAPING STNDARDS; MMC 9.195; AND STATE OF
CALIFORNIA AB 1881, THE WATER CONSERVATION IN
LANDSCAPING ACT (2015).
· CFD/ OFF SITE IRRIGATION SYTEMS (PUBLIC

RIGHT-OF-WAY) SHALL BE SEPARATE FROM ASSOCIATION/PRIVATE ON SITE IRRIGATION SYSTEMS (CONTROLLERS, VALVES, MAIN LINE). OFF SITE AND ON SITE LANDSCAPE IMPROVEMENTS SHALL BE SEPARATED BY CONCRETE MOW CURBS (6"X8") OR OTHER SUITABLE BARRIER ALONG PROEPRTY LINES/ RIGHTS-OF-WAY. · ALL GROUND-MOUNTED ELECTRICAL/ MECHANICAL EQUIPMENT SHALL BE EFFECTIVELY SCREENED WITH LANDSCAPING. SHRUBS - SHRUBS SHALL BE CHOSEN FROM THE FOLLOWING: SYMBOL SHRUB NAME WUCOLS CALLISTEMON 'LITTLE JOHN', DWARF BOTTLE BRUSH 5 GAL. SIZE.

L LEUCOPHYLLUM F. 'GREEN CLOUD', TEXAS RANGER 5 GAL. SIZEL LIGUSTRUM 'TEXANUM', JAPANESE PRIVET 5 GAL. SIZE

M OLEA 'LITTLE OLLIE', LITTLE OLLIE DWARF OLIVE
5 GAL. SIZE @ 36" O.C.

L WESTRINGIA F. 'WYNYABBIE GEM', COAST ROSEMARY 5 GAL. SIZE.L DODONAEA V. 'PURPUREA', PURPLE HOPSEED BUSH 5 GAL. SIZE M VINES - VINES SHALL BE CHOSEN FROM THE FOLLOWING: SYMBOL SHRUB NAME WUCOLS CLYTOSTOMA CALLISTEGIOIDES, VIOLET TRUMPET VINE 5 GAL. SIZE.

L LONICERA JAPONICA, JAPANESE HONEYSUCKLE 5 GAL. SIZEL R.O.W. GROUND COVER AND SHRUB MASSES SYMBOL GROUND COVER/SHRUB MASS NAME WUCOLS WESTINGRIA 'MUNDI', SPREADING WESTINGRIA 5 GAL. SIZE @ 36" O.C.

L BACCHARIS P. 'PIGEON POINT', DWARF COYOTE BRUSH
1 GAL. SIZE @ 36" O.C.

L LONICERA JAPONICA, JAPANESE HONEYSUCKLE
1 GAL. SIZE @ 30" O.C.

M MUHLENBERGIA DUBIA, PINE MUHLY
1 GAL. SIZE @ 30" O.C.

M RIGHT OF WAY PLANTING PALETTE (SEE TREE LEGEND FOR STREET TREES) HYDROSEED LEGEND SYMBOL PLANT NAME WUCOLS NON-IRRIGATED DETENTION BASIN BOTTOM: SPECIES COMMON NAME BULK #’s/ACRE MIN % PLS* Agrostis exarata Spike bentgrass 2.00 76 Anemopsis californica Yerba mansa 1.00 44 Deschampsia danthoniodes Annual hairgrass 2.00 72 Elymus triticoides ‘Rio’ Rio creeping wild rye 5.00 72 Eschscholzia californica California poppy 1.00 83 Hordeum brachyantherum Meadow barley 6.00 72 Hordeum intercedens Little barley 4.00 72 Lasthenia glabrata Goldfields 0.50 89 Melica imperfecta Coast melic 2.00 60 Muhlenbergia rigens Deergrass 0.50 32 Plantago insularis Plantain 20.00 74 Sisyrinchium bellum Blue eyed grass 1.00 78 Stipa pulchra Purple needle grass 4.00 73 49.00 L 1. NEW STREET TREE PER LEGEND. 2. PROPOSED NEW PARKING LOT SHADE TREE PER LEGEND. 3. DROUGHT TOLERANT SHRUBS AND GROUND COVER PER LEGEND. 4. NEW FLOWERING ACCENT TREES AT KEY FOCAL AREAS SUCH AS DRIVEWAY AND BUILDING ENTRIES. 5. VERTICAL GROWING TREE PER LEGEND. 6. EVERGREEN SCREEN TREE PER LEGEND. 7. FOUNDATION SHRUB PLANTING PER LEGEND. 8. ALL TREES WITHIN SIX FEET OF HARDSCAPE OR BUILDINGS SHALL BE INSTALLED WITH LINEAR ROOT CONTROL BARRIER FROM DEEP ROOT CORPORATION (OR APPROVED SUBSTITUTION). ROOT BARRIER LENGTH SHALL BE 16 FEET MIN. CENTERED ON TREE TRUNK. ROOT BARRIER SHALL BE PLACED IN A LINEAR INSTALLATION ADJACENT TO HARDSCAPE PER MANUF. SPECIFICATIONS AND NOT ENCIRCLING ROOTBALL. ROOT CONTROL BARRIER DEPTH SHALL B 18 INCHES MIN. ADJACENT TO FLATWORK AND 24 INCHES. MIN. ADJACENT TO CURBS. 9. STORM WATER TREATMENT BASIN SHALL BE PLANTED WITH GRASSES AND SHRUBS TOLERANT OF SEASONAL WATER INUNDATION, REFER TO PLANTING LEGEND. 10. ENHANCED PAVING AT VEHICULAR AND BUILDING ENTRY AREAS DESIGN KEY NOTES: A. TRASH ENCLOSURE PER ARCH. PLANS. B. ELEC. TRANSFORMER PER CIVIL PLANS. C. SCREEN WALL PER ARCH. PLANS. D. NEW PUBLIC SIDEWALK PER CIVIL PLANS. E. MANUFACTURED SLOPE PER CIVIL GRADING PLANS. F. OUTDOOR BREAK AREAS. G. BIKE RACK PER ARCH. PLAN. REFERENCE KEY NOTES: SEE SHEET L-2B PARKING TREE SHADING MATRIX: 380,155 SQ. FT. ETWU TOTAL = 3,582,217 MAWA = 6,077,424 SEE SHEET L-1B TOTAL IRRIGATED LANDSCAPE AREA 1 1
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3 R.O.W LINE P.L. P.L. R.O.W LINE P.L. P.L. R.O.W. LINE 30'-0" P.L. REFER TO SECTION
A A' 'A-A' FOR STREET FRONTAGE 10 10
6 SHERMAN ROAD

DAWSON ROAD
TRUMBLE ROAD REFER TO ENLG. 'B' ON L-2 REFER TO ENLG. 'A' ON L-2 10 10 E
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G SCREEN WALL PER ARCH. PLANS VEHICULAR GATE SCREEN WALL PER ARCH. PLANS VEHICULAR GATE DETENTION BASIN PER CIVIL WQMP VEHICULAR GATE NEW WROUGHT IRON FENCE PER ARCH. NEW WROUGHT IRON FENCE PER ARCH. PLANS PROPOSED 6' HT. WALL PER ARCH. PLANS E LIGHT STANDARD PER CIVIL PLANS, TYP. REFER TO ENLG. 'C' ON L-2 REFER TO ENLG. 'C' ON L-2 B
B SIGHT DISTANCE LINES/ RESTRICTED AREA AT INTERSECTION LANDSCAPE MATERIAL OVER 30" IN HEIGHT SHALL NOT BE PLACED IN SIGHT DISTANCE RESTRICTED AREAS SIGHT DISTANCE LINES/ RESTRICTED AREA AT INTERSECTION LANDSCAPE MATERIAL OVER 30" IN HEIGHT SHALL NOT BE PLACED IN SIGHT DISTANCE RESTRICTED AREAS SCREEN TREES & SCREEN SHRUBS ON NORTH SIDE OF BLDG B SCOTT PETERSON LANDSCAPE ARCHITECT, INC. 2883 VIA RANCHEROS WAY FALLBROOK, CA 92028 PH: 760-842-8993 SCALE: 1" = 100'-0" 0 100' 200' 300' NORTH DATE: 04-07-2022 ETHANAC & SHERMAN MENIFEE, CA CONCEPTUAL LANDSCAPE PLAN L-1 WUCOLS PLANT FACTOR THIS PROJECT IS LOCATED IN 'WUCOLS' REGION '4-SOUTH INLAND'. H = HIGH WATER NEEDS M = MODERATE WATER NEEDS L = LOW WATER NEEDS VL= VERY LOW WATER NEEDS THIS IS A CONCEPTUAL LANDSCAPE PLAN. IT IS BASED ON PRELIMINARY INFORMATION WHICH IS NOT FULLY VERIFIED AND MAY BE INCOMPLETE. IT IS MEANT AS A COMPARATIVE AID IN EXAMINING ALTERNATE DEVELOPMENT STRATEGIES AND ANY QUANTITIES INDICATED ARE SUBJECT TO REVISION AS MORE RELIABLE INFORMATION BECOMES AVAILABLE. IRRIGATION NOTE: THE PROJECT WILL BE EQUIPPED WITH A LOW FLOW IRRIGATION SYSTEM CONSISTING OF ET WEATHER BASED SMART CONTROLLER, LOW FLOW ROTORS, BUBBLER AND/ OR DRIP SYSTEMS USED THROUGHOUT. THE IRRIGATION WATER EFFICIENCY WILL MEET OR SURPASS THE CURRENT STATE MANDATED AB-1881 WATER ORDINANCE. CONCEPTUAL PLAN NOTE: (949) 863-1770 Irvine, CA 92612 18831 Bardeen Ave. - Ste. #100 www.hparchs.com BLDG 2 BLDG 1 CITY OF MENIFEE MUNICIPAL CODE SECTION 15.04 LANDSCAPE DESIGN SHALL CONFORM TO THE CITY OF MENIFEE LANDSCAPE WATER USE EFFICIENCY REQUIREMENTS, COUNTY OF RIVERSIDE GUIDE TO CALIFORNIA FRIENDLY LANDSCAPING, AND CITY MUNICIPAL CODE 9.195. SEE SHEET L-2B FOR OFF-STREET PARKING AND LANDSCAPE AREA CALCULATIONS OFF-STREET PARKING LANDSCAPE AREAS NOTE: A 6"HIGH CURB WITH A 12"-WIDE CONC. WALKWAY SHALL BE CONSTRUCTED ALONG PLANTERS ON END STALLS ADJACENT TO VEHICLE PARKING SPACES, TYPICAL. TREE SIZING CHART TOTAL NUMBER OF PROPOSED TREES = 981 10% REQUIRED TO BE SPECIMEN SIZE TREES (36" BOX SIZE OR LARGER) = 98 TREES REQD. TOTAL NUMBER OF PROPOSED 36" BOX SIZE TREES OR LARGER = 196 SPECIMEN SIZE TREES NOTE: IMPROVEMENTS FOR SIGNAGE, PERIMETER WALLS, FENCING, PILASER, ETC. SHALL BE MAINTAINED BY THE ASSOCIATION OR PRIVATE OWNER(S). ALL PARKING LOT AREAS AND EXPANSIVE CONTINUOUS BUILDING FACADES VISIBLE FROM ADJOINING PROPERTIES AND PUBLIC RIGHTS-OF-WAY (OFF SITE) SHALL BE EFFECTIVELY SCREENED WITH LANDSCAPING. SCREENING SHALL INCLUDE TREES, DENSE EVERGREEN SHRUBS, WALLS, EARTH BERMS OR A COMBINATION THEREOF. RESIDENTIAL LOTS INDUSTRIAL USE LOTS VACANT LOT VACANT LOT RESIDENTIAL LOT APN 331-110-027, 331-110-035, 331-110-041, 331-140-010, 331-140-018, 331-140-021, 331-140-025 Item Title: 11.1 Menifee Commerce Center Industrial DevelopmentItem Page Number: 25 Menifee Mayor and City Council                                                                               October 19, 2022Page 435 of 919 SCOTT PETERSON LANDSCAPE ARCHITECT, INC. 2883 VIA RANCHEROS WAY FALLBROOK, CA 92028 PH: 760-842-8993 DATE: 04-07-2022 ETHANAC RD & SHERMAN RD MENIFEE, CA CONCEPTUAL LANDSCAPE PLAN L-2 (949) 863-1770 Irvine, CA 92612 18831 Bardeen Ave. - Ste. #100 www.hparchs.com ENLARGEMENT 'A', BUILDING 1 SOUTH ENTRY SCALE: 1" = 20'-0" ENLARGEMENT 'B', BUILDING 2 WEST ENTRY SCALE: 1" = 20'-0" BLDG 2 BLDG 1 ENLARGEMENT 'C', BUILDING 1 NORTH ENTRY SCALE: 1" = 10'-0" ENLARGEMENT 'D', BUILDING 2 EAST ENTRY SCALE: 1" = 20'-0" ENLARGEMENT KEY NOTES 1. STREET TREE PER PLAN. STREET TREES SHALL CONSIST OF (3) DIFFERENT VARIETIES, SEE PLANTING LEGEND ON L-1. 2. PUBLIC SIDEWALK PER CIVIL PLANS 3. DECORATIVE CONCRETE PAVING AT VEHICULAR ENTRY DRIVES. INTEGRAL COLORED CONCRETE WITH MEDIUM ETCH FINISH. 4. DECORATIVE CRUSHED ROC OR STABILIZED DG ACCENT AREAS AT PROJECT ENTRIES AND OTHER FOCAL AREAS. SUCCULENT AND ACCENT SHRUB PLANTING IN DG OR CRUSHED ROCK AREA. 5. STEEL EDGING CONTAINMENT HEADER 6. LAYERED SHRUB AND ORNAMENTAL GRASSES ALONG STREET FRONTAGE. 7. MODULAR WETLAND UNIT TO BE PLANTED WITH CONTAINER PLANTS. 8. PARKING LOT SHADE TREES. SEE L-2B FOR PARKING LOT SHADING REQUIREMENTS. 9. EVERGREEN SCREEN SHRUBS ADJACENT TO OFF-STREET PARKING AREAS. 10. DECORATIVE CONCRETE PAVING AT BUILDING ENTRY AREAS. INTEGRAL COLORED CONCRETE WITH MEDIUM ETCH FINISH. 11. CONCRETE STAIRS. 12. OUTDOOR BREAK AREA. INTERLOCKING CONC. PAVERS 13. BIKE RACK. REFER TO ARCH. PLANS. 14. SITE FURNISHINGS. REFER TO SITE FURNISHING LIST. 1 2
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9 SHERMAN RD.

SHERMAN RD.

SHERMAN RD.

TRUMBLE RD.
1 2
3 4
36 7
89 11 10 12 1314
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8 1011 BLDG 2 LIGHT STANDARD PER CIVIL PLANS SITE FURNITURE TABLE BY QCP 'FOOD COURT ROUND STANDARD' . NATURAL COLOR. LIGHT ETCH. (2) AT BUILDING B. (2) AT BUILDING 'A'. TABLE BY QCP 'FOOD COURT ROUND ADA' . NATURAL COLOR. LIGHT ETCH. (1) AT BUILDING B. (1) AT BUILDING 'A'. OR APPROVED EQUAL TRASH AND RECYCABLE RECEPTALE. (1) TRASH, (1) RECYABLE RECEPTACLE FOR BUILDING '1', (1) TRASH, (1) RECYABLE RECEPTACLE FOR BUILDING '2', Item Title: 11.1 Menifee Commerce Center Industrial DevelopmentItem Page Number: 26 Menifee Mayor and City Council                                                                               October 19, 2022Page 436 of 919 A A'

SHERMAN ROAD

DAWSON ROAD

TRUMBLE ROAD
B
B
R.O.W. A. STREET CURB B. LOW GROWING GROUND COVER AND SHRUBS AT LANDSAPE PARKWAY. C. STREET TREE PER PLAN. D. SIDEWALK PER CIVIL E. DROUGHT TOLERANT GROUND COVER AND SHRUBS AT LANDSCAPE SETBACK AREA. F. EVERGREEN SCREEN TREES AND SHRUBS ALONG LANDSCAPE SET BACK AREA G. SCREEN WALL PER ARCH. PLANS. H. TRUCK YARD SECTION 'B-B' KEY NOTES:

AED
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H DAWSON RD.

R.O.W. A. STREET CURB B. LOW GROWING GROUND COVER AND SHRUBS AT LANDSAPE PARKWAY. C. STREET TREE PER PLAN. D. SIDEWALK PER CIVIL E. DROUGHT TOLERANT GROUND COVER AND SHRUBS AT LANDSCAPE SETBACK AREA. F. EVERGREEN SCREEN TREES AND SHRUBS ALONG LANDSCAPE SET BACK AREA G. SCREEN WALL PER ARCH. PLANS. H. STORM WATER TREATMENT BASIN I. EROSION CONTROL GROUND COVERS AT SLOPE AREA J. TRUCK YARD K. PROPOSED CLASS II BIKE LANE ALONG SHERMAN RD. SECTION 'A-A' KEY NOTES:

ABC
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K SCOTT PETERSON LANDSCAPE ARCHITECT, INC. 2883 VIA RANCHEROS WAY FALLBROOK, CA 92028 PH: 760-842-8993 (949) 863-1770 Irvine, CA 92612 18831 Bardeen Ave. - Ste. #100 www.hparchs.com SCALE: 1" = 80'-0" 0 80' 160' 240' NORTH DATE: 04-07-2022 ETHANAC RD & SHERMAN RD MENIFEE, CA PARKING LOT SHADING PLAN & MAINTENANCE PLAN L-1B BLDG 2 BLDG 1 TOTAL PARKING LOT AREA FOR BUILDING 1 & 2 = 156,074 SQ. FT. TOTAL PROJECTED SHADE AREA WITHIN 15 YRS. FOR BUILDING 1 & 2 = 114,669 SQ. FT. PER COUNTY OF RIVERSIDE ORDINANCE 848 SECTION 18.12 IN ACCORDANCE WITH MENIFEE MUNICIPAL CODE CHAPTER 9.195, LANDSCAPING STANDARDS. 50% OF PARKING STALL AREAS TO BE SHADED WITHIN 15 YEARS AFTER PLANTING SHADED AREA PROVIDED = 73% PARKING LOT SHADING CALCULATIONS: REFER TO ENLG. '01', SHEET L-2C REFER TO ENLG. '02', SHEET L-2C REFER TO ENLG. '03', SHEET L-2C REFER TO ENLG. '04', SHEET L-2C SECTION 'B-B', DAWSON RD. STREET FRONTAGE SCALE: 1" = 10' SECTION 'A-A', SHERMAN RD. STREET FRONTAGE SCALE: 1" = 10' PUBLIC R.O.W. LANDSCAPE AREA TO BE MAINTAINED BY THE CITY OF MENIFEE CITY WIDE CFD = 43,118 S.F. LANDSCAPE MAINTENANCE PLAN LANDSCAPE MAINTENANCE AND SEPARATION NOTE: LANDSCAPE MAINTENANCE AND SEPARATION NOTE—LCP: THE LANDSCAPE CONCEPT PLAN INDICATES LANDSCAPE IMPROVEMENTS FOR BOTH ON SITE AND OFF SITE (PUBLIC RIGHTS–OF–WAY, PARKS, ETC.) AREAS. THE PROPERTY OWNER SHALL MAINTAIN OFF SITE AREAS UNTIL SUCH TIME AS THE OFF SITE LANDSCAPE AREAS ARE ANNEXED INTO A SPECIAL DISTRICT (CFD OR L&LMD) AND ACCEPTED BY THE CITY FOR MAINTENANCE PURPOSES. THE PROPERTY OWNER ACKNOWLEDGES THAT SEPARATE WATER AND ELECTRIC METERS FOR IRRIGATION USE ARE REQUIRED TO BE INSTALLED BY THE OWNER PRIOR TO THE CITY’S ACCEPTANCE OF THE OFF SITE AREAS FOR MAINTENANCE BY THE SPECIAL DISTRICT. IN ADDITION, PROPERTY OWNER ACKNOWLEDGES THAT COSTS FOR ANNEXATION INTO THE SPECIAL DISTRICT, AND INSTALLATION OF THE IRRIGATION WATER AND ELECTRIC METERS, SHALL BE BORNE BY THE PROPERTY OWNER. LANDSCAPE IMPROVEMENTS IN OFF SITE AREAS/PUBLIC RIGHTS–OF–WAY SHALL BE SEPARATED FROM PRIVATELY–MAINTAINED ON SITE LANDSCAPE AREAS WITH A CITY–STANDARD, CONTINUOUS CONCRETE MOW CURB (6” X 8”) ALONG THE PROPERTY LINE (ON SITE). IRRIGATION SYSTEM DESIGN STATEMENT A PERMANENT AUTOMATIC IRRIGATION SYSTEM SHALL BE DESIGNED AND INSTALLED TO IRRIGATE ALL PLANTING THE IRRIGATION CONTROLLER(S) SHALL BE EQUIPPED FROM THE MANUFACTURER WITH WEATHER/EVAPOTRANSPIRATION (ET) SENSING CAPABILITIES TO AUTOMATICALLY ADJUST WATERING SCHEDULES AND AMOUNTS. THE DESIGN OF THE IRRIGATION SYSTEM SHALL EMPHASIZE WATER CONSERVATION AND PROVIDE EFFICIENT AND UNIFORM DISTRIBUTION OF IRRIGATION WATER. IF THE SITE IS PLANNED TO UTILIZE RECYCLED WATER IN THE LANDSCAPE, THEN THE IRRIGATION SYSTEM SHALL BE DESIGNED IN ACCORDANCE WITH STATE OF CALIFORNIA AND EASTERN MUNICIPAL WATER DISTRICT (EMWD) RULES AND REGULATIONS FOR RECYCLED WATER DRIP AND/OR BUBBLER IRRIGATION, OR OTHER LOW–VOLUME, LOW–PRESSURE MICRO–IRRIGATION SYSTEM AS APPROVED BY THE CITY OF MENIFEE AND EMWD, SHALL BE INSTALLED IN PLANTER AREAS TO PROVIDE WATER DIRECTLY TO THE ROOT ZONE OF PLANTS. THE IRRIGATION SYSTEM MAY UTILIZE EFFICIENT ROTATOR NOZZLES IN LARGE PLANTING AREAS, SUBJECT TO THE APPROVAL OF EMWD AND THE CITY. THE AUTOMATIC IRRIGATION SYSTEM SHALL BE DESIGNED IN ACCORDANCE WITH THE CITY OF MENIFEE ORDINANCE NO. 2009–61, “LANDSCAPE WATER USE EFFICIENCY REQUIREMENTS,” AND LANDSCAPE STANDARDS. FOR SITES UTILIZING POTABLE WATER FOR LANDSCAPE IRRIGATION, A REDUCED PRESSURE BACKFLOW PREVENTER SHALL BE INSTALLED AFTER THE WATER METER TO PROTECT THE POTABLE WATER SUPPLY IN ACCORDANCE WITH STATE OF CALIFORNIA, CITY OF MENIFEE, AND EMWD STANDARDS AND REQUIREMENTS. LANDSCAPE CALCULATIONS: TOTAL PROJECT SITE AREA : 3,139,857 S.F. TOTAL LANDSCAPE AREA / ON SITE: 337,034 S.F. LANDSCAPED AREA PERCENTAGE: 12% TOTAL OFF SITE CFD AREA (R/W/): 70,853 S.F. TOTAL OFF SITE LANDSCAPE AREA (EXC. SIDEWALKS): 43,118 S.F. PARKING LOT LANDSCAPE AREA PERCENTAGE: 15% TOTAL BUILDING FACADES IN PUBLIC VIEW FROM R/W: 1,277 L.F. TOTAL TREES REQ'D TO SCREEN BUILDING FACADES (1 TREE/ 30 LF): 42 EA .TOTAL TREES PROVIDED TO SCREEN BUILDING FACADES: 51 EA TOTAL SITE PERIMETER LENGTH (NORTH & SOUTH SIDES): 3692 L.F. TOTAL PERIMETER TREES REQUIRED (1 TREE/ 30 L.F.): 123 EA TOTAL PERIMETER TREES PROVIDED: 159 EA TOTAL PARKING SPACES PROVIDED: 911 EA TOTAL PARKING LOT TREES REQUIRED (1 TREE/ 4 SP.) 228 EA TOTAL PARKING LOT TREES PROVIDED: 273 EA TOTAL PARKING LOT TREES REQUIRED (1 TREE/ 30 L.F.): 141 EA TOTAL STREET TREES PROVIDED: 141 EA Item Title: 11.1 Menifee Commerce Center Industrial DevelopmentItem Page Number: 27 Menifee Mayor and City Council                                                                               October 19, 2022Page 437 of 919 SCOTT PETERSON LANDSCAPE ARCHITECT, INC. 2883 VIA RANCHEROS WAY FALLBROOK, CA 92028 PH: 760-842-8993 DATE: 04-07-2022 ETHANAC RD & SHERMAN RD MENIFEE, CA CONCEPTUAL LANDSCAPE PLAN L-2 (949) 863-1770 Irvine, CA 92612 18831 Bardeen Ave. - Ste. #100 www.hparchs.com ENLARGEMENT 'A', BUILDING 1 SOUTH ENTRY SCALE: 1" = 20'-0" ENLARGEMENT 'B', BUILDING 2 WEST ENTRY SCALE: 1" = 20'-0" BLDG 2 BLDG 1 ENLARGEMENT 'C', BUILDING 1 NORTH ENTRY SCALE: 1" = 10'-0" ENLARGEMENT 'D', BUILDING 2 EAST ENTRY SCALE: 1" = 20'-0" ENLARGEMENT KEY NOTES 1. STREET TREE PER PLAN. STREET TREES SHALL CONSIST OF (3) DIFFERENT VARIETIES, SEE PLANTING LEGEND ON L-1. 2. PUBLIC SIDEWALK PER CIVIL PLANS 3. DECORATIVE CONCRETE PAVING AT VEHICULAR ENTRY DRIVES. INTEGRAL COLORED CONCRETE WITH MEDIUM ETCH FINISH. 4. DECORATIVE CRUSHED ROC OR STABILIZED DG ACCENT AREAS AT PROJECT ENTRIES AND OTHER FOCAL AREAS. SUCCULENT AND ACCENT SHRUB PLANTING IN DG OR CRUSHED ROCK AREA. 5. STEEL EDGING CONTAINMENT HEADER 6. LAYERED SHRUB AND ORNAMENTAL GRASSES ALONG STREET FRONTAGE. 7. MODULAR WETLAND UNIT TO BE PLANTED WITH CONTAINER PLANTS. 8. PARKING LOT SHADE TREES. SEE L-2B FOR PARKING LOT SHADING REQUIREMENTS. 9. EVERGREEN SCREEN SHRUBS ADJACENT TO OFF-STREET PARKING AREAS. 10. DECORATIVE CONCRETE PAVING AT BUILDING ENTRY AREAS. INTEGRAL COLORED CONCRETE WITH MEDIUM ETCH FINISH. 11. CONCRETE STAIRS. 12. OUTDOOR BREAK AREA. INTERLOCKING CONC. PAVERS 13. BIKE RACK. REFER TO ARCH. PLANS. 14. SITE FURNISHINGS. REFER TO SITE FURNISHING LIST. 1 2
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SCOTT PETERSON LANDSCAPE ARCHITECT, INC. 2883 VIA RANCHEROS WAY FALLBROOK, CA 92028 PH: 760-842-8993 SCALE: 1" = 80'-0" 0 80' 160' 240' NORTH DATE: 04-07-2022 ETHANAC RD & SHERMAN RD MENIFEE, CA OFF-STREET PARKING LANDSCAPE AREA L-2B (949) 863-1770 Irvine, CA 92612 18831 Bardeen Ave. - Ste. #100 www.hparchs.com BLDG 2 TOTAL OFF-STREET PARKING AREA FOR BLDGS 1 AND 2 = 297,135 S.F. OFF-SITE PARKING AREA TOTAL OFF-STREET PARKING LANDSCAPE AREA = 45,315 S.F. (15% OF OFF-SITE PARKING AREA) BLDG 1 PRELIMINARY WATER USE CALCULATIONS Item Title: 11.1 Menifee Commerce Center Industrial DevelopmentItem Page Number: 29 Menifee Mayor and City Council                                                                               October 19, 2022Page 439 of 919 SCOTT PETERSON LANDSCAPE ARCHITECT, INC. 2883 VIA RANCHEROS WAY FALLBROOK, CA 92028 PH: 760-842-8993 SCALE: 1" = 10'-0" 0 10' 20' 30' NORTH DATE: 04-07-2022 ETHANAC RD & SHERMAN RD MENIFEE, CA PATH OF TRAVEL SHADING EXHIBIT L-2C (949) 863-1770 Irvine, CA 92612 18831 Bardeen Ave. - Ste. #100 www.hparchs.com PATH OF TRAVEL SHADING ENLARGEMENT 01, NORTHWEST CORNER OF BLDG. 2 SCALE: 1" = 10'-0" BLDG 2 BLDG 2 BLDG 1 PATH OF TRAVEL SHADING ENLARGEMENT 01, NORTHEAST CORNER OF BLDG. 2 SCALE: 1" = 10'-0" PATH OF TRAVEL SHADING ENLARGEMENT 01, SOUTHWEST CORNER OF BLDG. 1 SCALE: 1" = 10'-0" PATH OF TRAVEL AREA = 1,196 S.F. P.O.T. AREA SHADED BY TREE CANOPY AFTER 15 YEAR POST INSTALLATION = 818 S.F. (68%) PATH OF TRAVEL AREA = 1,049 S.F. P.O.T. AREA SHADED BY TREE CANOPY AFTER 15 YEAR POST INSTALLATION = 699 S.F. (67%) PATH OF TRAVEL AREA = 761 S.F. P.O.T. AREA SHADED BY TREE CANOPY AFTER 15 YEAR POST INSTALLATION = 404 S.F. (53%) 0301 02 PATH OF TRAVEL SHADING ENLARGEMENT 01, SOUTHEAST CORNER OF BLDG. 1 SCALE: 1" = 10'-0" 04 BLDG 1 PATH OF TRAVEL AREA = 2,487 S.F. P.O.T. AREA SHADED BY TREE CANOPY AFTER 15 YEAR POST INSTALLATION = 1,610 S.F. (65%) Item Title: 11.1 Menifee Commerce Center Industrial DevelopmentItem Page Number: 30 Menifee Mayor and City Council                                                                               October 19, 2022Page 440 of 919

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Item Title: 11.1 Menifee Commerce Center Industrial DevelopmentItem Page Number: 46 Menifee Mayor and City Council                                                                               October 19, 2022Page 456 of 919 Owner: Project: Consultants: Project Number: Revision: Date: Drawn by: Title: Sheet: C I V I L STRUCTURAL MECHANICAL PLUMBING ELECTRICAL LANDSCAPE SOILS ENGINEER FIRE PROTECTION 21-290 RPM 05/10/21 fax: 949 863 0851 tel: 949 863 1770 email: [email protected] 92612 irvine, ca 18831 bardeen avenue, - ste. #100 hpa, inc. WEBB 300 Spectrum Center Drive Suite 880 MENIFEE, CA -----
- HUNTER ETHANAC & SHERMAN ETHANAC RD. & SHERMAN RD.

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L I F O R N I A DATE RENEWAL 3-31-23 C-29451 Irvine CA 92618 SITE PHOTOMETRIC PLAN ES-1.0 Statistics Description Symbol Avg Max Min Max/Min Avg/Min Parking North 1.4 fc 3.0 fc 0.3 fc 10.0:1 4.7:1 Parking South 1.5 fc 3.8 fc 0.3 fc 12.7:1 5.0:1 Truck East 1.4 fc 2.8 fc 0.3 fc 9.3:1 4.7:1 Truck West 1.3 fc 3.0 fc 0.1 fc 30.0:1 13.0:1 Schedule Symbol Label Quantity Manufacturer Catalog Number Description Lamp Filename Light Loss Factor Wattage W1 52 Lithonia Lighting DSX1 LED P8 27K TFTM MVOLT HS WBA DSX1 LED P8 MODIFIED 27K TFTM MVOLT with houseside shield LED B2 U0 G3 DSX1_LED_P8_30K_TFT M_MVOLT_HS.ies 0.87 207 S1 21 Lithonia Lighting DSX1 LED P8 27K TFTM MVOLT HS DSX1 LED P8 MODIFIED 27K TFTM MVOLT with houseside shield LED B2 U0 G3 DSX1_LED_P8_30K_TFT M_MVOLT_HS.ies 0.87 207 S2 7 Lithonia Lighting DSX1 LED P7 27K T5W MVOLT DSX1 LED P7 MODIFIED 27K T5W MVOLT LED B5 U0 G3 DSX1_LED_P7_30K_T5W _MVOLT.ies 0.87 366 S3 13 Lithonia Lighting DSX1 LED P5 27K BLC MVOLT DSX1 LED P5 MODIFIED 27K BLC MVOLT LED B1 U0 G3 DSX1_LED_P5_30K_BLC _MVOLT.ies 0.87 138 Item Title: 11.1 Menifee Commerce Center Industrial DevelopmentItem Page Number: 47 Menifee Mayor and City Council                                                                               October 19, 2022Page 457 of 919 Owner: Project: Consultants: Project Number: Revision: Date: Drawn by: Title: Sheet: C I V I L STRUCTURAL MECHANICAL PLUMBING ELECTRICAL LANDSCAPE SOILS ENGINEER FIRE PROTECTION 21-290 RPM 05/10/21 fax: 949 863 0851 tel: 949 863 1770 email: [email protected] 92612 irvine, ca 18831 bardeen avenue, - ste. #100 hpa, inc. WEBB 300 Spectrum Center Drive Suite 880 MENIFEE, CA -----
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L I F O R N I A DATE RENEWAL 3-31-23 C-29451 Irvine CA 92618 SITE PHOTOMETRIC PLAN ES-2.0 Statistics Description Symbol Avg Max Min Max/Min Avg/Min Drive South 1.4 fc 4.3 fc 0.3 fc 14.3:1 4.7:1 Parking East 1.3 fc 2.7 fc 0.6 fc 4.5:1 2.2:1 Parking West 1.3 fc 2.0 fc 0.3 fc 6.7:1 4.3:1 Truck Area 1.3 fc 3.2 fc 0.3 fc 10.7:1 4.3:1 Schedule Symbol Label Quantity Manufacturer Catalog Number Description Lamp Filename Light Loss Factor Wattage W1 20 Lithonia Lighting DSX1 LED P8 27K TFTM MVOLT HS WBA DSX1 LED P8 MODIFIED 27K TFTM MVOLT with houseside shield LED B2 U0 G3 DSX1_LED_P8_30K_TFT M_MVOLT_HS.ies 0.87 207 W2 6 Lithonia Lighting DSX1 LED P5 27K T2M MVOLT DSX1 LED P5 MODIFIED 27K T2M MVOLT LED B3 U0 G3 DSX1_LED_P5_30K_T2M _MVOLT.ies 0.87 138 S1 2 Lithonia Lighting DSX1 LED P8 27K TFTM MVOLT HS DSX1 LED P8 MODIFIED 27K TFTM MVOLT with houseside shield LED B2 U0 G3 DSX1_LED_P8_30K_TFT M_MVOLT_HS.ies 0.87 207 S2 6 Lithonia Lighting DSX1 LED P7 27K T5W MVOLT DSX1 LED P7 MODIFIED 27K T5W MVOLT LED B5 U0 G3 DSX1_LED_P7_30K_T5W _MVOLT.ies 0.87 366 S3 3 Lithonia Lighting DSX1 LED P5 27K BLC MVOLT DSX1 LED P5 MODIFIED 27K BLC MVOLT LED B1 U0 G2 DSX1_LED_P5_30K_BLC _MVOLT.ies 0.87 138 WBA Item Title: 11.1 Menifee Commerce Center Industrial DevelopmentItem Page Number: 48 Menifee Mayor and City Council                                                                               October 19, 2022Page 458 of 919 Owner: Project: Consultants: Project Number: Revision: Date: Drawn by: Title: Sheet: C I V I L STRUCTURAL MECHANICAL PLUMBING ELECTRICAL LANDSCAPE SOILS ENGINEER FIRE PROTECTION 21-290 RPM 05/10/21 fax: 949 863 0851 tel: 949 863 1770 email: [email protected] 92612 irvine, ca 18831 bardeen avenue, - ste. #100 hpa, inc. WEBB 300 Spectrum Center Drive Suite 880 MENIFEE, CA -----
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L I F O R N I A DATE RENEWAL 3-31-23 C-29451 Irvine CA 92618 LIGHTING SPECIFICATION ES-3.0 Item Title: 11.1 Menifee Commerce Center Industrial DevelopmentItem Page Number: 49 Menifee Mayor and City Council                                                                               October 19, 2022Page 459 of 919 Job No. 19567.00

08. 16. 2022
CONCEPTUAL BUILDING 1 ELEVATIONS (42’ clear)
Menifee, California
Ethanac Rd. & Sherman Rd.

SHERMAN ROAD ELEVATION - WEST ELEVATION

SOUTH ELEVATION

DAWSON ROAD ELEVATION - EAST ELEVATION

NORTH ELEVATION
t h e s i g n a g e
Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 50
Menifee Mayor and City Council October 19, 2022

Job No. 19567.00

08. 16. 2022
CONCEPTUAL BUILDING 2 ELEVATIONS (40’ clear)
Menifee, California
Ethanac Rd. & Sherman Rd.

TRUMBLE ROAD ELEVATION - WEST ELEVATION

SOUTH ELEVATION

SHERMAN ROAD ELEVATION - EAST ELEVATION

NORTH ELEVATION
the signage
Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 51
Menifee Mayor and City Council October 19, 2022

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Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 54
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Menifee Mayor and City Council October 19, 2022

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Menifee Mayor and City Council October 19, 2022

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Menifee Mayor and City Council October 19, 2022

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 59
Menifee Mayor and City Council October 19, 2022

RESOLUTION NO. 22-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE,

CALIFORNIA CERTIFYING AN ENVIRONMENTAL IMPACT REPORT
(SCH# 2021060247) FOR THE MENIFEE COMMERCE CENTER

PROJECT, MAKING CERTAIN FINDINGS PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A

STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING

A MITIGATION MONITORING AND REPORTING PROGRAM
WHEREAS, on January 7, 2019, the applicant, Motte Town Center One, LLC, filed a formal application with the City of Menifee for the approval of Specific Plan Amendment No. 2019-006 (fourth amendment to the Menifee North Specific Plan) to modify the boundary of the Menifee North Specific Plan to include APN 331-140-010, 331-140-018, 331-140-021 and 331-110-027 within Planning Area 2 and to provide technical corrections, and Plot Plan No. 2019-005 for the construction of two concrete tilt-up industrial buildings for a total square footage of 1,325,063 square feet on approximately 69.7 net acres located east of Trumble Road, west of Dawson Avenue, south of Ethanac Road, and north of McLaughlin Road; and, WHEREAS, on September 25, 2019, the project applicant changed from Motte Town Center One, LLC to Core5 Industrial Partners, LLC, represented by Jon Kelly; and WHEREAS, on March 10, 2021, the project applicant filed a formal application for the approval of General Plan Amendment No. PLN21-0100 and Change of Zone No.

PLN21-0101 to change APN 331-140-021 and 331-110-027 from Heavy Industrial (HI) to Specific Plan (SP) and 331-140-021 and 331-140-018 from Business Park (BP) to Specific Plan (SP). The project site area increased from 69.7 net acres to 72.12 net acres by incorporating two additional parcels. The total building square footage increased to 1,640,130 square feet; and
WHEREAS, on May 26, 2021, the project applicant filed a formal application for the approval of Tentative Parcel Map No. 38156 (PLN21-0205) to combine (APNs 331- 140-010, 331-140-018, 331-140-021, and 331-140-025) into one parcel for a total of 56 gross acres and a proposal to combine (APNs 331-110-035, 331-110-027, and 331-110- 041) into one parcel for a total of 21.79 gross acres; and WHEREAS, collectively, all the applications are referred to as the “Project” or “Menifee Commerce Center”; and
WHEREAS, on June 11, 2021, the City of Menifee publicly noticed its decision to prepare an environmental impact report (EIR) for the Project by noticing the State Clearinghouse, and other agencies in compliance with Section 15082 of the California Environmental Quality Act (CEQA) guidelines, and surrounding property owners within a 300-foot radius from the Project site boundaries; and
WHEREAS, on June 29, 2021, the City of Menifee held a duly noticed public scoping meeting regarding the preparation of the EIR to discuss and hear from the public on the potential environmental impacts, which meeting was publicly noticed in compliance with Section 15082 of the CEQA guidelines, and surrounding property owners within a 300 foot radius from the Project site boundaries; and Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 60
Menifee Mayor and City Council October 19, 2022

WHEREAS, between June 7, 2022 and July 21, 2022, the City complied with the State-mandated forty-five day public review period for the Menifee Commerce Center Draft Project EIR (“Draft EIR”) took effect, which was publicly noticed in accordance with Section 15087 of the CEQA guidelines and mailed to surrounding property owners and non-owner residents within 300 feet of the Project site. A copy of the Draft EIR was sent to the State Clearinghouse (SCH# 2021060247), and a copy of the Draft EIR was placed at the City Hall public counter, Menifee Library and Sun City Library; and WHEREAS, the Draft EIR, and Final EIR (“Final EIR”), including the technical appendices were placed on the City of Menifee’s website for public review; and WHEREAS, during the public review period, comments on the Draft EIR were received from the Riverside Transit Agency, California Department of Fish and Wildlife, Blum Collins & Ho, LLP Attorneys at Law, Adams Broadwell Joseph & Cardozo, Advocates for the Environment, City of Perris, Peggy Tuttle, Linda Jones, and Adam Salcido; and
WHEREAS, the Final EIR, consisting of comments received during the forth-five day public review and comment period on the Draft EIR, written responses to those comments, and revisions and errata to the Draft EIR, was submitted with the inclusion of a Statement of Overriding Consideration and a Mitigation Monitoring and Reporting Program for the City Council’s consideration. For the purposes of this Resolution, the Final EIR shall refer to the Draft EIR, as revised by the Final EIR’s errata section together with the other sections of the Final EIR; and
WHEREAS, the Final EIR was distributed to all public agencies and commentors at least 10 days prior to certification of the Final Project EIR in accordance with CEQA; and
WHEREAS, no evidence of new significant impacts, as defined by CEQA Guidelines Section 15088.5, have been received by the City after circulation of the Draft EIR which would require re-circulation; and
WHEREAS, the Draft EIR for the Project, dated June 2022, and Final EIR for the Project, dated August 2022 provides an assessment of the environmental impacts associated with the Project and has been prepared in accordance with the California Environmental Quality Act, Public Resources Code Section 21000 et seq. (“CEQA”), and State regulations in Title 14 of the California Code of Regulations, Section 15000 et seq. (“CEQA Guidelines”); and
WHEREAS, on September 28, 2022, the Planning Commission of the City of Menifee held a public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for the Project including the consideration of the Final Project EIR, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, notices placed on the project site, and notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice; and WHEREAS, at the September 28, 2022 Planning Commission public hearing, based upon the materials in the staff report and accompanying documents, public comment, and Planning Commission discussion, the City of Menifee Planning Commission recommended that the City Council certify an EIR for the Menifee Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 61
Menifee Mayor and City Council October 19, 2022

Commerce Center Project, adopt the Statement of Overriding Consideration and adopt a Mitigation Monitoring and Reporting Program; and,
WHEREAS, on October 19, 2022, the City Council held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for the Menifee Commerce Center Project, including the consideration of the Final Project EIR, which hearing was publicly noticed by The Press Enterprise, a newspaper of general circulation, an agenda posting, notices placed on the Project site, and notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice; and WHEREAS, the City Council of the City of Menifee has read and considered all environmental documentation comprising the Final Project EIR, has found that the Final Project EIR considers all potentially significant environmental impacts of the proposed project and is complete and adequate, and fully complies with all requirements of CEQA; and
WHEREAS, it is the policy of the State of California and the City of Menifee, in accordance with CEQA and the CEQA Guidelines, that the City shall not approve a project that has significant effects on the environment unless there is no feasible way to lessen or avoid the significant effects and that the benefits of approving the project outweigh the unavoidable significant impacts, such that the impacts are acceptable based on CEQA Guideline Section 15093; and
WHEREAS, the CEQA Guidelines provide that no public agency shall approve or carry out a project for which an EIR has been completed and which identifies one or more significant effects of the project unless the public agency makes written findings for each of the significant effects, accompanied by a statement of facts supporting each finding; and
WHEREAS, the City Council has reviewed the attached CEQA Findings of Fact and Statement of Overriding Considerations; and
WHEREAS, prior to taking action on the Project, the City Council has considered all significant impacts, mitigation measures, and project alternatives identified in the EIR, and has found that all potentially significant impacts on the Project have been lessened or avoided to the extent feasible; and WHEREAS, pursuant to CEQA Guideline Section 15093(b), the City must state in writing the reasons to support its action based on the Final Project EIR and/or other information in the record.

NOW, THEREFORE, the City Council of the City of Menifee resolves as follows:

Section 1: Recitals. The Recitals above are true and correct, based on substantial evidence in the record, including the Final EIR, and incorporated herein by this reference.

Section 2: Final Project EIR. For purposes of this Resolution, the City Council hereby confirms that the Final Project EIR, as certified by this Resolution, is comprised of the Draft EIR and technical appendices (dated June 2022) and Final EIR (dated August 2022).

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Menifee Mayor and City Council October 19, 2022

Section 3: Certification of EIR. Based on its review and consideration of the Final Project EIR and all written communications and oral testimony regarding the proposed project which have been submitted to, and received by, the City, and all other substantial evidence in the administrative record, the City Council certifies that the Final Project EIR has been completed in compliance with CEQA and the State and local CEQA Guidelines. The City Council finds that the Final Project EIR reflects the City Council’s independent judgment and analysis as lead agency under CEQA, and adopt and certify the Final Project EIR as complete and adequate. The City Council certifies that the Final Project EIR was presented to the City Council and that the City Council reviewed and considered the information contained in it prior to approving the Project.

Section 4: CEQA Findings of Fact and Statement of Overriding Considerations. The City Council adopts the CEQA Findings of Fact and Statement of Overriding Considerations attached as “Exhibit A,” which exhibit is incorporated herein as though set forth in full.

Section 5: Significant Impacts. The significant impacts of the Project under the categories of Air Quality, and Greenhouse Gases have not been reduced to a level of insignificance. The City Council finds that the significant unavoidable adverse impacts of the Project are clearly outweighed by the economic, social and other benefits of the Project, as set forth in the Findings of Fact and Statement of Overriding Considerations.

Section 6: Alternatives. The Project EIR has described all reasonable alternatives to the Project that could feasibly obtain the basic objectives of the Project, even when those alternatives might impede the attainment of Project objectives and might be more costly.

Section 7: Good Faith. A good faith effort has been made to seek out and incorporate all points of view in the preparation of the Final Project EIR as indicated by the public record for the Project and the Final Project EIR.

Section 8: Mitigation Plan Approval. Although the Final Project EIR identifies certain significant environmental effects that would result from approval of the Project, certain environmental effects can feasibly be avoided or mitigated and will be avoided or mitigated by imposition of mitigation measures included in the Final Project EIR and the Mitigation Monitoring and Reporting Program. Pursuant to Public Resources Code section 21081 and CEQA Guidelines section 15097, the City Council adopts and approves the Mitigation Monitoring and Reporting Program attached hereto as Exhibit "B," which is incorporated herein by reference as though set forth in full. The City Council further find that the mitigation measures identified are feasible.

Section 9: No Significant New Information Added to Draft EIR. The information provided in the various reports submitted in connection with the proposed Project and in the responses to comments on the Draft EIR, the information added to the Final Project EIR, and the evidence presented in written and oral testimony at public hearings on the Project and the Draft EIR, do not constitute significant new information that would require recirculation of the Draft EIR pursuant to Public Resources Code section 21092.1 and CEQA Guidelines section 15088.5.

Section 10: Location and Custodian of Record of Proceedings. The Community Development Department of the City of Menifee, located at 29844 Haun Road, Menifee, CA 92586, is hereby designated as the custodian of the documents and other materials Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 63
Menifee Mayor and City Council October 19, 2022

which constitute the record of proceedings upon which the City Council’s resolution is based, which documents and materials shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act (Government Code §§ 6250 et seq.) during normal business hours.

PASSED, APPROVED AND ADOPTED this 19th day of October 2022. _________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
______________________________
Jeffrey T. Melching, City Attorney
Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 64
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
1 1.0 INTRODUCTION

1.1 Findings of Fact
The California Environmental Quality Act (CEQA) requires that the environmental impacts of a project be examined and disclosed prior to approval of a project. Pursuant to CEQA Guidelines Section 15091(a), No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:
1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR [referred to in these Findings as “Finding 1”].
2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency [referred to in these Findings as “Finding 2”]. 3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR [referred to in these Findings as “Finding 3”].

Having received, reviewed and considered the Final Menifee Commerce Center Project (Project), State Clearinghouse (SCH) # 2021060247; as well as all other information in the record of proceedings on this matter, the following Findings Regarding the CEQA Documents for the Project are hereby adopted by the City of Menifee (City).

1.2 Document Format
These Findings have been categorized into the following sections:
1) Section 1.0 provides an introduction to these Findings. 2) Section 2.0 provides a summary of the Project, overview of other discretionary actions required for the Project, and a statement of Project objectives. 3) Section 3.0 provides a summary of those activities that have preceded the consideration of the Findings for the Project as part of the environmental review process, and a summary of public participation in the environmental review for the Project. 4) Section 4.0 sets forth findings regarding those potentially significant environmental impacts identified in the CEQA Documents which the City has determined to be less than significant with the implementation of Project design features.
5) Section 5.0 sets forth findings regarding those significant or potentially significant environmental impacts identified in the CEQA Documents which the City has determined can Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 65
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
2 feasibly be mitigated to a less than significant level through the imposition of mitigation measures included in the MMRP for the Project.
6) Section 6.0 sets forth findings for significant and unavoidable project impacts. 7) Section 7.0 sets forth findings regarding growth-inducing impacts. 8) Section 8.0 sets forth findings regarding alternatives to the Project. 9) Section 9.0 contains findings regarding the Mitigation, Monitoring and Reporting Program (MMRP) for the Project.
10) Section 10.0 contains other relevant findings adopted by the City with respect to the Project. 11) Section 11.0 contains the Statement of Overriding Considerations for the Project. 12) Section 12.0 contains information pertaining to the certification of the Final EIR.

The Findings set forth in each section herein are supported by findings and facts identified in the administrative record of the Project.

1.3 Custodian and Location of Records
The documents and other materials that constitute the administrative record for the City’s actions regarding the Project are located at the City of Menifee Community Development Department, 29844 Haun Road, Menifee, California 92586. The City is the custodian of the administrative record for the Project.

2.0 PROJECT SUMMARY

2.1 Project Description/Location
The Project site is generally located southeast of the Interstate 215/Ethanac Road interchange in the City of Menifee, County of Riverside, State of California. The Project site is generally bounded by a Riverside County Flood Control channel, Southern California Edison easement and McLaughlin Road to the south, Ethanac Road to the north, Dawson Road to the east, and Trumble Road to the west, in the northeastern part of the City of Menifee, and consists of seven parcels total (Assessor Parcel Numbers [APNs]: 331-110- 035, 331-110-027, 331-110-041, 331-140-010, 331-140-018, 331-140-021, and 331-140-025).

The Project site consists of mostly vacant undeveloped land. There are existing single-family residences and associated out structures located on APNs 331-110-027 and 331-140-018 of the site. The Project would include the construction of two (2) concrete tilt-up buildings, identified as Building 1 and Building

2. Building 1 would total 1,254,160 square feet and proposes a structural roof height of 50 feet and includes 679 automobile parking spaces and 369 truck trailer parking spaces. Building 2 would total 385,970 square feet and proposes a structural roof height of 47 feet and includes 232 automobile parking spaces and 154 truck trailer parking spaces. At both buildings, portions of the parapet wall would exceed 50 feet to completely screen all rooftop equipment and to provide roof height offsets for an overall Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 66
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
3 enhanced building façade on all sides. The maximum parapet wall height at Building 1 would be 52 feet and at Building 2, 51 feet.

Associated facilities and improvements of the Project include loading dock doors, on-site landscaping, and related on-site and off-site improvements (roadway improvements, sewer, storm drain, utilities).

2.2 Discretionary Actions
The City is the Lead Agency under CEQA and is responsible for reviewing and certifying the adequacy of the EIR for the Project. It is expected that the City, at a minimum, would consider the data and analyses contained in this EIR when making their permit determinations. Prior to development of the Project, discretionary permits and approvals must be obtained from local, state and federal agencies, as listed below.

General Plan Amendment No. PLN21-0100 proposes to change the General Plan land use designation of APN 331-140-010 and 331-110-027 from Heavy Industrial (HI) to Specific Plan (SP) and APN 331-140- 021 and 331-140-018 from Business Park (BP) to Specific Plan (SP).

Specific Plan Amendment No. 2019-006 proposes to modify the boundary of the Specific Plan No. 260 (Menifee North Specific Plan) to include APN 331-140-010, 331-140-018, 331-140-021 and 331-110-027 within Planning Area 2 (“Industrial”).

Change of Zone No. PLN21-0101 proposes to change the zoning classification of APN 331-140-010 and 331-110-027 from Heavy Industrial (HI) and APN 331-140-018 and 331-140-021 from Business Park (BP) to Specific Plan No. 260, Planning Area 2 (“Industrial”).

Tentative Parcel Map No. 38156 (PLN21-0205) proposes to combine (APNs 331-140-010, 331-140-018, 331-140-021, and 331-140-025) into one (1) parcel for a total of 56 gross acres and a proposal to combine (APNs 331-110-035, 331-110-027, and 331-110-041) into one (1) parcel for a total of 21.79 gross acres.

Plot Plan No. 2019-005 proposes to construct two concrete tilt-up buildings. Building 1 would total 1,254,160 square feet and include 1,095,440 square feet of warehouse, 144,220 square feet of mezzanine and 14,500 square feet of office. Building 2 would total 385,970 square feet and include 375,970 square feet of warehouse and 10,000 square feet of office. A total combined 894 standards size spaces and 17 ADA spaces, for a total of 911 vehicle parking spaces. Additionally, 523 trailer parking stalls would be provided.

2.3 Statement of Objectives
The following objectives have been established for the Project by the City and Project applicant:

Objective 1: Develop an industrial project that conforms to the City’s General Plan and the Menifee North Specific Plan.

Objective 2: Provide a new development that will generate a positive fiscal balance for the City moving forward.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 67
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
4 Objective 3: Design and build a Class-A institutional quality industrial project that will attract high end tenants and increase the City’s tax base.

Objective 4: Generate employment opportunities within the City while improving the local balance of housing to job ratio.

Objective 5: Facilitate the movement of goods and services for the benefit of local and regional economic growth.

Objective 6: Develop a warehouse project adjacent to transportation corridors, truck routes, local amenities, and the nearby Interstate 215 Freeway for employee convenience and efficiencies of transporting goods.

Objective 7: Develop a warehouse project which efficiently uses the property, while conforming with all City regulatory policies.

Objective 8: Improve public safety and traffic flow in North Menifee with roadway and infrastructure improvements of Trumble Road, Sherman Road, Dawson Road, McLaughlin Road, and Ethanac Road.

Objective 9: Provide enhanced landscaping along City designated corridors with the construction of wide streets and landscaping setbacks.

Objective 10: Provide the backbone infrastructure for future growth and prosperity of the surrounding benefit area that will serve the immediate and long-term needs of the community.

3.0 ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION
A Notice of Preparation (NOP) was distributed for the Project by the City on June 9, 2021. As well, the State of California Clearinghouse issued a project number for the project, SCH # 2021060247. In accordance with CEQA Guidelines Section 15082, the NOP was circulated to interested agencies, groups, and individuals for a period of 30 days, during which comments were solicited and received, pertaining to environmental issues/topics that the Draft EIR should evaluate. These NOP responses were considered in the preparation of the Draft EIR, which upon release, was made available to all Responsible/Trustee Agencies and interested groups and individuals, as required under CEQA Guidelines Sections 15105 and 15087.

The State-mandated public review of the Draft EIR began on Tuesday June 7, 2022 and concluded July 21, 2022 (30 days). The Final EIR includes a Response to Comments package, which presents all written comments received during the public review period of the Draft EIR and includes responses to these comments and associated changes made to the EIR.

The EIR includes any exhibits or appendices thereto, the list of persons, organizations and public agencies which commented on the EIR, the comments which were received by the City regarding the EIR, and the City's written responses to comments raised in the public review and comment process, all of which are incorporated herein and made a part hereof by reference. Pursuant to State CEQA Guidelines Section 15084, the EIR has been reviewed and analyzed by the City of Menifee as the lead agency with respect to Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 68
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
5 the Project and the EIR. The following findings for the Project and each fact in support of a finding are thus based upon substantial evidence in the record.

4.0 FINDINGS REGARDING ENVIRONMENTAL IMPACTS

DETERMINED TO HAVE NO IMPACTS OR BE LESS THAN

SIGNIFICANT
The City finds, based upon the analysis presented in Section 4.0 of the Draft EIR, dated June 2022, as the following environmental effects of the Project either have no impact or are less than significant, and, therefore, no mitigation measures are required. The City hereby finds that existing regulatory requirements, policies, and/or Project conditions have been identified and incorporated into the Project which avoids or substantially lessens the potentially significant effect on the environment to a less than significant level.

4.1 Aesthetics
Impact 4.1-1: Less than Significant Impact
The Project will not significantly impact views of the San Jacinto Mountains to the northeast and east; the San Bernardino Mountains to the north; the San Gabriel Mountains to the northwest; and the Santa Ana Mountains to the west and southwest. Notably, the Project’s building structural roof height for Building 1 would be 50 feet and Building 2 would be 47 feet in height. At both buildings, portions of the parapet wall would exceed 50 feet to completely screen all rooftop equipment and to provide roof height offsets for an overall enhanced building façade on all sides. The maximum parapet wall height at Building 1 would be 52 feet and at Building 2, 51 feet. Moreover, the Project would not significantly obscure views of these relatively close scenic vistas to nearby residents or motorists traversing along Tremble Road, Sherman Road and Ethanac Road. (Draft EIR, p. 4.1-10.) For these reasons and the reasons discussed in the EIR, the Project’s impacts on scenic vistas would be less than significant, and no mitigation relating to this issue is required.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not significantly affect scenic vistas. Potential aesthetic impacts to scenic views are considered less than significant. Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.1-9 through 4.1-10.

Impact 4.1-2: Less than Significant Impact
No adopted State of California (State) or Riverside County (County) scenic highways exist within the City.

The nearest officially designated state scenic highway is approximately 18 miles east of the Project site (SH 74 from the west boundary of the San Bernardino National Forest to SH 111 in Palm Desert).

Therefore, construction and operation of the Project site would not damage or obstruct any scenic resource (e.g., trees, rock outcroppings, or historic buildings) within a state scenic highway. (Draft EIR, p.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 69
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
6 4.1-810) For these reasons and for the reasons discussed in the EIR, the Project would not substantially damage scenic resources within a state scenic highway, and no mitigation relating to this issue is required. (Draft EIR, p. 4.1-10.)
Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not significantly affect scenic highways and corridors.

Potential aesthetic impacts to scenic highways and corridors are considered less than significant.

Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR page 4.1-10.

Impact 4.1-3: No Impact
The Project would require a GPA, Zone Change, and Specific Plan Amendment. Following approval of these actions, the Project site would be fully zoned as Menifee North SP. Project construction and operation would comply with the development standards and design standards and guidelines laid out in the Menifee North SP. Standards and guidelines specific to scenic quality include the general standards, PA 2 planning standards, and lighting standards. Through compliance with the Menifee North SP development standards and design standards and guidelines, and GP goals and policies, the Project would not conflict with applicable zoning and other regulations governing scenic quality.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not significantly affect the visual character of the City.

Potential impacts are considered less than significant. Consequently, no mitigation measures are required for this no impact determination.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.1-15 through 4.1-16.

Impact 4.1-4: Less than Significant Impact
The Project will not result in any construction-related lighting, as construction of the Project would be limited to the daytime hours of construction permitted by the City’s Municipal Code. Once operational, all lighting at the Project site would be directed and/or shielded to prevent the light from adversely affecting adjacent properties, and no structures or features would be permitted that create adverse glare effects pursuant to the Menifee North Specific Plan which references Section 10.4. Development Standards for Article XII M-H Zone of Ordinance No. 348, all lighting, including spotlights, floodlights, electrical reflectors, and other means of illumination for signs, structures, landscaping, parking, loading, unloading and similar areas shall be focused, directed, and arranged to prevent glare or direct illumination on streets or adjoining property. Thus, consistent with Section 10.4, as well as Article XVIII General Provisions of Ordinance No. 348, all lighting shall be indirect, hooded, and positioned so as not to reflect onto adjoining property or public streets.

Finding: The City adopts CEQA Finding 1.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 70
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
7 The City hereby finds that the Project would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. Potential impacts are considered less than significant. Consequently, no mitigation measures are required for this less than significant impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.1-17 through 4.1-18.

4.2 Agriculture and Forestry Resources
Impacts 7.2-1, 7.2-2, 7.2-3, and 7.2-4: No Impact
No Project actions were concluded to be less than significant, but rather designated as not having an impact as the site does not contain Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, there are no lands within the City that are currently under a Williamson Act contract, and there is no forest or timberland present on the Project site that could be lost from Project implementation.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts to prime farmland, unique farmland or farmland of statewide importance beyond those concluded in the Draft EIR. No potential impacts are anticipated to occur. Consequently, no mitigation measures are required for this no impact determination.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR, pages 7-1 through 7-3.

4.3 Air Quality
Impact 4.2-3: Less than Significant Impact
The South Coast Air Quality Management District (“SCAQMD”) has set forth Localized Significance Thresholds (“LSTs”) to determine whether a project could expose sensitive receptors to substantial pollutant concentrations. The LST methodology, used in the EIR, assesses localized impacts associated with Project-specific emissions. Here, neither construction nor operation of the Project would result in pollutant concentrations that would exceed the applicable SCAQMD thresholds. The Project’s emissions would be well below the SCAQMD’s applicable LSTs. For these reasons and the reasons set forth in the EIR, the Project would not expose sensitive receptors to substantial pollutant concentrations, and no mitigation is required.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts which would expose sensitive receptors to substantial pollutant concentrations beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 71
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
8 Supportive Evidence: Please refer to Draft EIR pages 4.2-28 through 4.3-35.

Impact 4.2-4: No Impact
The Project does not involve any of the land uses that would result in emissions, such as those leading to odors, that would adversely affect a substantial number of people. The Project would also be required to comply with SCAQMD Rule 402 to prevent occurrences of public nuisances. Therefore, the Project would not create objectionable odors, and no impact would occur.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts from the emissions of other emissions beyond those concluded in the Draft EIR. No impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR page 4.3-36.

4.4 Biological Resources
Impact 4.3-2: No Impact
No jurisdictional drainage features, riparian/riverine areas, wetlands, or vernal pools were observed within the Project site during the field survey. Therefore, regulatory approvals from the USACE, RWQCB, or CDFW, or a Determination of Biologically Equivalent or Superior Preservation (DBESP) analysis under the MSHCP would not be required and no impact would occur.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts to riparian habitat or other sensitive natural community beyond those concluded in the Draft EIR. No impacts are anticipated.

Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR page 4.3-14.

Impact 4.3-3: No Impact
The Project would not 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. Therefore, no impact would occur.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts to wetlands beyond those concluded in the Draft EIR. No impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 72
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
9 Supportive Evidence: Please refer to Draft EIR pages 4.4-15.

Impact 4.3-4: Less than Significant Impact
The Project site is isolated from regional wildlife corridors and linkages, and there are no riparian corridors, creeks, or useful patches of stepping-stone habitat (natural areas) within or connecting the Project site to distant wildlife corridors. As such, development of the Project site is not expected to impact wildlife movement opportunities or prevent distant wildlife corridors from continuing to function as a wildlife corridor. Therefore, impacts to wildlife corridors or linkages are not expected to occur and impacts would be less than significant.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts to movement of any native resident or migratory fish or wildlife species beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.4-15.

Impact 4.3-5: Less than Significant Impact
The Project would be constructed in compliance with the requirements of the Menifee General Plan (GP), Menifee North Specific Plan, and the Menifee Municipal Code (MC). The Menifee GP provides goals and policies for the conservation of biological resources. Goal OSC-8 protects biological resources and Policy OCS-8-5 calls for the recognition of the impacts new development will have on the city's natural resources and to identify ways to reduce these impacts. Through adherence with § 9.200.060 of the Comprehensive Development Code and the above guidelines, impacts would be less than significant.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts due to conflicts with established conservation plans beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.3-15 through 4.3-16.

4.5 Cultural Resources
Impact 4.4-1: Less than Significant Impact
According to the cultural resource’s investigation, four sites of historical origin have previously been recorded on roads that potentially would be subject to improvement. Three houses, P-33-015382, P-33- 015383, and P-33-015389, constructed in 1934, 1918, and 1960, respectively, are located on Ethanac Road. Due to additions and modernization of these residences, they were determined to possess a low degree of historical integrity at the time of recordation, and as such, were not considered significant according to CEQA criteria. The fourth historical-era site (P-33-020502/CA-RIV-10403), recorded in 2011, Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 73
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
10 is comprised of two segments of Sherman Road. Since the portion of Sherman Road recorded as a site was already an improved road, no further research or mitigation was recommended. As a result of the cultural resource records search and intensive pedestrian survey, each of the four previously recorded historical-era sites were field checked, but nothing further was done since they had already been recorded as not being significant per CEQA criteria. Overall, the Project would not cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5. A less than significant impact would occur.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts to historical resources beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.4-15 through 4.4-16.

Impact 4.4-2: Less than Significant Impact
The cultural report did not warrant or recommend further monitoring as the chance of encountering buried archaeological deposits is considered very low. However, to avoid any inadvertent discovery of archaeological resources, monitoring of future earth-disturbing activities will be conducted according to COA-CUL-1 through COA-CUL-8. Additionally, a record search of the NAHC SLF was completed for the area of potential effect “the Project site” and the search also returned negative results. Therefore, the Project’s potential impacts concerning the significance of an archaeological resource would be less than significant.

Adherence to Standards Conditions of Approval COA-CUL-3 through COA-CUL-7 would further minimize impacts.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts to archaeological resources beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.4-16 through 4.4-17.

Impact 4.4-3: Less than Significant Impact
No formal cemeteries are on or near the Project site. Most Native American human remains are found in association with prehistoric archaeological sites. Given the very low potential for the Project’s grounddisturbing activities to encounter archaeological remains, human remains to be potentially encountered are considered low. Notwithstanding, if previously unknown human remains are discovered during the Project’s ground-disturbing activities, a substantial adverse change in the significance of such a resource could occur. In such event, COA-CUL-1 and COA-CUL-2 would be implemented.

Finding: The City adopts CEQA Finding 1.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 74
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
11 The City hereby finds that the Project would not disturb human remains beyond those concluded in the Draft EIR. Less than significant impacts are anticipated with compliance with applicable COAs.

Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.4-18.

4.6 Energy
Impact 4.5-1: Less than Significant Impact
The Project would comply with the applicable Title 24 standards. Compliance itself with applicable Title 24 standards would ensure that the Project energy demands would not be inefficient, wasteful, or otherwise unnecessary. Therefore, potential impacts are considered less than significant.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts due to the wasteful or inefficient energy use beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.5-7 through 4.5-18.

Impact 4.5-2: Less than Significant Impact
Project design and operation of the Project will comply with State Building Energy Efficiency Standards, appliance efficiency regulations, and green building standards. The Project development of the Project will not cause inefficient, wasteful and unnecessary energy use, and impacts will be less than significant.

Additionally, the Project will be subject to compliance with all federal, state, and local requirements for energy efficiency. For all of the foregoing reasons and the reasons set forth in the EIR, the Project would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency. Overall, the Project would not conflict with any of state or local plans. As such, a less than significant impact is expected.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts stemming from conflicts with established renewable energy or energy efficiency plans beyond those concluded in the Draft EIR.

Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.5-18 through 4.5-19.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 75
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
12 4.7 Geology and Soils
Impact 4.6-1 (i) and 4.6-2 (ii): Less than Significant Impact There are no known active or potentially active faults on or trending toward the Project site and the Project site is not located within a mapped Alquist-Priolo Earthquake Fault Zone. Because there are no known faults located on or trending towards the Project site, the Project would not directly or indirectly cause potential substantial adverse effects involving rupture of a known earthquake fault, and no mitigation is required.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts regarding fault rupture or strong seismic ground shaking beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.6-11.

Impact 4.6-3(iii) and 4.6-4 (iv): Less than Significant Impact The Project site is not subject to a significant risk associated with seismic-related ground failure, including liquefaction. Notably, the Project site is not located within a zone identified as having a potential for liquefaction by the State. Additionally, according to the City’s Liquefaction and Landslides map, the Project site and the immediate area are not within a zone of generalized landslide susceptibility. A less than significant impact would occur.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts seismic ground failure or landslides beyond those concluded in the Draft EIR. Less than significant impacts are anticipated.

Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.6-12 through 4.6-13.

Impact 4.6-5: Less than Significant Impact
Construction activities such as excavation and grading would be minimal given that the Project site is relatively flat. No major grading or excavation would be needed to substantially alter the slope of the site, create, or remove steep slopes, create retaining walls, or make other landform modifications.

Nevertheless, grading and earthwork activities during construction would expose soils to potential shortterm erosion by wind and water. During construction, the Project site would be required to comply with erosion and siltation control measures. This would include measures such as sand-bagging, placement of silt fencing, erosion control blankets, straw wattles, mulching, etc., to reduce runoff from the site and to hold topsoil in place during all grading activities. As mass grading proceeds, finish grading commences, and construction begins the erosion measures would be removed or relocated as necessary. In addition, Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 76
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
13 a network of storm drains and gutters would be installed and maintained as necessary throughout the developed site. Therefore, the potential for substantial soil erosion or the loss of topsoil is considered less than significant.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts regarding soil erosion and topsoil loss beyond those concluded in the Draft EIR. Less than significant impacts are anticipated.

Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR page 4.6-13 through 4.6-15.

Impact 4.6-6: Less than Significant Impact
Researched conducted by SCG on the Riverside County GIS website indicates that the Project site is located within a zone of low liquefaction susceptibility. In addition, the soil conditions encountered at the boring locations are not considered to be conducive to liquefaction. These conditions consist of dense, well-graded, granular soils and very stiff to hard cohesive soils extending to depths of 25 feet.

Furthermore, the static groundwater table does not exist within 50 feet of the ground surface. Based on these considerations, liquefaction and landslides are not considered to be a design concern for the Project, and potential for lateral spreading would be low. Additionally, groundwater was not encountered which could exacerbate the potential for landslides, lateral spreading, subsidence, liquefaction, or collapse. The geotechnical report provides recommendations to support the proposed structures and offset impacts from subsidence. The City has already adopted the CBC by reference and after compliance with the recommendations in the geotechnical report, impacts from potential subsidence of 0.10 feet would be reduced to a less than significant level.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts from unstable soil beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR page 4.6-15.

4.8 Greenhouse Gas Emissions
Significant and unavoidable greenhouse gas impacts. Refer to Section 4.7, Greenhouse Gas Emissions and the Mitigation Monitoring and Reporting Program.

4.9 Hazards and Hazardous Materials
Impact 4.8-2: Less than Significant Impact
Database searches did not reveal any Leaking Underground Storage Tanks (LUSTs), Underground Storage Tanks (USTs), or Above Ground Storage Tanks (ASTs) located on the Project site. Additionally, the Project Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 77
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
14 site has not been cited or issued violation notices by any environmental regulatory agency for improper use or disposal of hazardous materials. Compliance with applicable laws and regulations concerning hazardous materials would ensure that all potentially hazardous materials are used and handled in an appropriate manner and would minimize the potential for safety impacts. Operation of the Project site would involve typical hazardous materials and chemicals such as solvents and cleaning products associated with operation of an industrial/warehouse type use. The CUPA program provided by the County is designed to consolidate, coordinate, and uniformly and consistently administer permits, inspection activities, and enforcement activities throughout Riverside County. Furthermore, household hazards such as cleaners and solvents contain such low quantities of liquid and material that they do not pose a significant threat related to the release of hazardous materials into the environment. A less than significant impact would occur.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts through the emission or generation of hazardous materials beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.8-21 through 4.8-22.

Impact 4.8-3: Less than Significant Impact
No existing or proposed schools are located within one-quarter mile of the Project site. The nearest operating school to the Project site is 0.4 mile to the northeast. Romoland Elementary School is located at 25890 Antelope Road, Menifee, CA 92585. The Health Risk Assessment (Appendix 9.2.1) concluded that the Project would not exceed South Coast Air Quality Management Plan localized significance thresholds during construction. Therefore, sensitive receptors would not be exposed to substantial pollutant concentrations during Project construction. Additionally, the Project would not exceed the South Coast Air Quality Management District localized significance thresholds during operational activity. Further Project traffic would not create or result in a CO “hotspot.” Therefore, sensitive receptors would not be exposed to substantial pollutant concentrations as the result of Project operations. Therefore, impacts would be less than significant.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts due to being on a site containing hazardous materials beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.8-22 through 4.8-23.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 78
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
15 Impact 4.8-4: Less than Significant Impact
According to the Phase I ESA, the Project site is not included on the hazardous sites list compiled pursuant to Government Code Section 65962.5.9. In addition, the Phase I ESA (2021) did not identify any environmental concerns for the Project site. Therefore, impacts would be less than significant.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts from hazardous materials compiled pursuant to Government Code Section 65962.5 beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.8-23.

Impact 4.8-5: Less than Significant Impact
The Project site is located within Compatibility Zones D and E of the MARB. Within Compatibility Zones D and E of the AIA, residential density and non-residential intensity are not restricted. The Project would be developed in accordance with the Compatibility Zone D and E regulations, and all state, county, and local goals, policies, and regulations. Furthermore, the Project has previously been reviewed and approved by the ALUC on October 14, 2021, subject to COA-HAZ-1 through COA-HAZ-5. Therefore, the Project would not result in a significant impact.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts due to conflicts with public or private airports beyond those concluded in the Draft EIR. Less than significant impacts are anticipated.

Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.8-23 through 4.8-25.

Impact 4.8-6 Less than Significant Impact
The Project site does not contain any emergency facilities, nor does it serve as an emergency evacuation route. During construction and long-term operation of the Project, adequate emergency access for emergency vehicles would be maintained along public streets that abut the Project site. Additionally, the improvement of Sherman and Dawson Roads will benefit future response times in this area, as these two roads are currently unimproved. Because both Project construction and operations would not disrupt or interfere with emergency access to nearby roadways, would not interfere with the City’s emergency response plan, and would comply with design standards for emergency services, impacts would be less than significant.

Finding: The City adopts CEQA Finding 1.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 79
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
16 The City hereby finds that the Project would not impair implementation or physically interfere with an adopted emergency response plan or emergency evacuation plan beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR page 4.8-26.

Impact 4.8-7 Less than Significant Impact
CalFire does not identify the Project site as being within an area susceptible to wildland fires. Moreover, the City’s Fire Department will review all building plans for compliance with the California Building Code and state and local statutes, ordinances and regulations relating to the prevention of fire and the protection of life and property against fire. For these reasons and the reasons set forth in the EIR, the Project would not result in a significant impact relating to this issue, and no mitigation is required.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts involving the exposure of people or structures to the risk of wildland fires beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.8-26 through 4.8-27.

4.10 Hydrology and Water Quality
Impact 4.9-2: Less than Significant Impact
The Project would include elements to reduce the effects of the new impervious areas pursuant to design measures in the enhanced watershed management plan (EWMP). These measures include, but are not limited to, low impact development (LID) BMPs and other stormwater drainage controls. The LIDs would be engineered to capture and control run-off prior to being released downstream. This would increase the duration that water is held on-site prior to being released to downstream receiving waters. The LIDs would be engineered to capture and control run-off prior to being released downstream. This would increase the duration that water is held on-site prior to being released to downstream receiving waters.

This timed-release allows water to slowly infiltrate the ground and helps facilitate recharge. In addition, LIDs that include permeable materials, enable run-off to immediately infiltrate and begin the recharge process. Lastly, the Project site also includes areas that will be landscaped with permeable surfaces in accordance with EMWD’s Water Efficient Guidelines for New Development, which also would facilitate groundwater recharge. Therefore, with the required measures in place, the loss of the permeable area would not be substantial and groundwater recharge would maintain pre-Project conditions.

Finding: The City adopts CEQA Finding 1.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 80
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
17 The City hereby finds that the Project would not generate substantial impacts from the reduction of groundwater resources beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.9-19 and 4.9-20.

Impact 4.9-7: Less than Significant Impact
The Project’s components are not anticipated to obstruct groundwater facilities as groundwater facilities are not planned by EMWD for this Project. Furthermore, it was concluded that the Project would not substantially deplete or decrease groundwater supplies or directly impact groundwater supplies. Thus, the Project would not conflict with the Hemet/San Jacinto Groundwater Management Plan or the West Jacinto Groundwater Basin Management Plan. For these reasons and the reasons set forth in the EIR, the Project’s impacts relating to this issue are less than significant, and no mitigation is required.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts due to conflicts with adopted water quality control plans or sustainable groundwater management plans beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.9-29.

4.11 Land Use and Planning
Impact 4.10-1 No Impact
The Project will not be located in an established residential community, and it would not physically divide any such community. The Project would occupy an area to be fully designated/classified as Menifee North SP, considering that there are currently three different designations. The Project, a proposed warehousing development, would conform to the established land use and zoning of the area, after the General Plan, Zone change, and Specific Plan Amendment. The Project would displace two non-conforming residential units located on the site. The residential uses are not permitted uses under the existing General Plan land use and zoning designations of Heavy Industrial/Manufacturing (HI) and Business Park/Light Industrial (BP). Additionally, the Project would not involve the removal of vital roadways or points of connection for residents but would improve Project area roadways. Therefore, development of the Project would not divide an established community and no impact would occur.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts to established communities beyond those concluded in the Draft EIR. No impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 81
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
18 Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.10-6 through 4.10-7.

Impact 4.10-2: Less than Significant Impact
The Project would not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulations adopted for the purpose of avoiding or mitigating an environmental effect. As set forth in the EIR, regionally, the Project would comply with the goals and policies presented in Southern California Association of Government’s (“SCAG”) Regional Transportation Plan/Sustainable Communities Strategy (“RTP/SCS”). Locally, the Project would comply with the City’s General Plan and its land use goals and policies, the City’s Development Code, and the March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan. For these reasons and the reasons set forth in the EIR, the Project would have a less than significant impact relating to this issue, and no mitigation is required.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts due to conflicts with adopted land use policies beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.10-7 through 4.10-24.

4.12 Mineral Resources
Impact 7.3-1: No Impact
The Project is located within Resource Zone (MRZ) 1 area and the remainder of the site is located within MRZ-3. MRZ-1 are areas where available geologic information indicates that little likelihood exists for the presence of significant mineral resources, and MRZ-3 identifies areas containing known or inferred mineral occurrences of undetermined mineral resource significance. The Project site would be within an area of the City which is currently disturbed and partially developed. None of the past existing uses included uses that focused on mineral refinement or mining. No mineral resources have been identified in or around the Project site. No impact to mineral resources would occur.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts due to the loss of mineral resources beyond those concluded in the Draft EIR. No impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR page 7-3.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 82
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
19 Impact 7.3-2: Less than Significant Impact
The Project would be located in a previously disturbed and partially developed portion of the City. The previous uses at the Project site did not include mining activities or mineral processing. Further, no active mining sites exist within the City, according to the California Department of Conservation’s Mines Online mapper. Therefore, the Project would not interfere with any existing or potential mining activities. No impact would occur.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts from the removal of mineral resource recovery sites beyond those concluded in the Draft EIR. No impacts are anticipated.

Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 7-4.

4.13 Noise
Impact 4.11-2: Less than Significant Impact
The Project would not generate excessive groundborne vibration or groundborne noise levels. The closest inhabited dwelling to construction activity is a non-conforming residential dwelling at 26230 Trumble Road, 15 feet from the north property line near Building 2. At this distance, Project construction would generate vibration levels up to approximately 0.07 in/sec, which are not expected to be readily perceptible and pose virtually no risk of damage. Construction is not expected to generate significant vibration levels.

All mechanical equipment would be located over 100 feet from vibration-sensitive land uses. Additionally, groundborne vibration levels resulting from mechanical equipment are dependent of the design of the equipment. All ground-mounted mechanical equipment would be installed using vibration-dampening resilient isolators designed to ensure that vibration levels would be lower than 0.2 in/sec PPV at Project property lines adjacent to vibration-sensitive land uses. No significant operational vibration impacts would be expected.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts due to excessive groundborne vibrations beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.11-14 through 4.11-15.

Impact 4.11-3: Less than Significant Impact
The Project site is not within the Airport Influence Area (AIA) Boundary or noise contours for Perris Valley Airport or French Valley Airport. The Project is within the AIA of the March Air Reserve Base (zones D and E), but not within noise contours. The runway for March Air Reserve Base/Inland Port Airport is located Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 83
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
20 approximately 9.2 miles northwest of the Project site. Due to the distance, the Project site would not be exposed to excessive noise levels from airport operations. The Project site is not within two miles of any other public airport/public-use airport or in the vicinity of a private airstrip; therefore, the Project would not expose people residing or working in the Project area to excessive airport/airstrip-related noise levels.

As such, this impact would be less than significant.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts stemming from proximity to airport land use plan areas or private airstrips beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.11-15.

4.14 Population and Housing
Impact 7.4-1: Less than Significant Impact
The Project would not induce substantial unplanned population growth in the area. Notably, the Project entails the construction of warehouse facilities, would not result in the construction of additional housing, and would not remove obstacles to population growth. The County of Riverside has a 4.3 percent unemployment rate and it is anticipated that the new jobs provided by the Project would be acquired by local residents or those from the surrounding communities. Furthermore, the Project site is served by existing public roadways, and utility infrastructure would be installed beneath the public rights-of-way that abut the Project site. As a result, the Project would not be anticipated to induce substantial population growth in the Project area. Therefore, impacts associated with substantial, unplanned population growth would be less than significant.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts from induced population growth beyond those concluded in the Draft EIR. Less than significant impacts are anticipated.

Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR page 7-4.

Impact 7.4-2: No Impact
There are two nonconforming single-family residences with associated out structures located on the Project site. Both residences appear to be manufactured homes, which can be relocated elsewhere. As such, the Project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere; therefore, no impact would occur.

Finding: The City adopts CEQA Finding 1.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 84
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
21 The City hereby finds that the Project would not generate substantial impacts from the displacement of individuals or housing beyond those concluded in the Draft EIR. No impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR page 7-4.

4.15 Public Services
Impact 4.12-1: Less than Significant Impact
The Project Applicant would be required to pay Development Impact Fees (DIFs) toward new fire facilities.

With payment of these fees, the Project would receive adequate fire protection service and would not result in adverse physical impacts associated with the provision of or need for new or physically altered fire protection facilities, and would not adversely affect service ratios, response times, or other performance objectives. Because no fire protection facilities exist on the Project site, development of the Project would not conflict with existing fire structures or require modification of fire protection facilities.

Compliance with applicable local and state regulations would ensure that Project implementation would result in a less than significant impact to fire protection services.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts to fire services beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.12-6 through 4.12-8.

Impact 4.12-2: Less than Significant Impact
The Project would be subject to the applicable DIFs. Additionally, funding for the operation and maintenance of existing services comes from the City’s General Fund, Measure DD funds, as well as County Service Area 86 monies. It is anticipated that the Project site would be adequately served by existing Menifee Police Department (MPD) facilities, equipment, and personnel such that new facilities would not be required. Because the Project site is not residential, although some calls for service are anticipated, the increase for police services would not be significantly impacted due to construction and operation of the Project warehouses. Additionally, development of the site would increase property tax revenues to provide a source of funding to offset any increases in the anticipated demands for public services generated by the Project.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts to police services beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 85
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
22 Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.12-8 through 4.12-9.

Impact 4.12-3: Less than Significant Impact
The Project does not include residential land uses and would not directly introduce new school-age children within the Romoland Unified School District (“RUSD”) boundaries. Furthermore, the Project is not expected to draw a substantial number of new residents to the surrounding area and would not, therefore, substantially increase enrollment at RUSD schools. Because the Project would not directly generate students and is not expected to indirectly draw a substantial number of students to the area, the Project would not cause or contribute to a need to construct new or physically altered public school facilities. Although the Project would not create a direct demand for public school services, RUSD currently requires school mitigation impact fees of $0.48 per square foot for commercial/industrial developments. RUSD uses these fees to pay for facility expansion and upgrades needed to serve new students. Additionally, DIFs from the Perris Union High School District (within Perris) could be applicable at $0.1848 per square foot. Payment of these fees in compliance with Government Code section 65996 fully addresses all impacts to school facilities. For the foregoing reasons and the reasons discussed in the EIR, the Project would not result in a significant impact relating to this issue, and no mitigation is required.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts to schools beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.12-9 through 4.12-10.

Impact 4.12-4
Project implementation would not result in substantial adverse physical impacts associated with the provision of new or physically altered park facilities, need for new or physically altered park facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives. Because no park facilities exist on the Project site, the Project would not conflict with existing park structures or require modification of park facilities. Therefore, Project implementation would result in a less than significant impact to park facilities.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts to parks beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.12-10.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 86
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
23 Impact 4.12-5: Less than Significant Impact
Project implementation would not result in substantial adverse physical impacts associated with the provision of new or physically altered other public facilities, need for new or physically altered other public facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives. Because no public facilities exist on the Project site, development of the Project would not conflict with existing public structures or require modification of public facilities. Therefore, Project implementation would result in a less than significant impact to other public facilities.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts to other public facilities beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.12-10 through 4.12-11.

4.16 Recreation
Impact 7.5-1: No Impact
The Project is industrial and warehouse buildings with office space and does not propose any residential development or other land use that may generate a population that would increase the use of these parks or any existing neighborhood or regional parks or other recreational facility. Implementation of the Project would not result in the increased use or substantial physical deterioration of an existing neighborhood or regional park. Therefore, no impact would occur.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate impacts due to the increased demand on established parks beyond those concluded in the Draft EIR. No impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 7-5.

Impact 7.5-2: No Impact
The Project applicant does not propose, nor require, the construction or expansion of recreational facilities. The Project does not include the subdivision of land for residential use and therefore is not required to dedicate land or pay fees in lieu thereof, or combination of both, for parkland recreational purposes. Implementation of the Project would not have an adverse physical effect on the environment as it pertains to construction/expansion of recreational facilities. Therefore, no impact would occur.

Finding: The City adopts CEQA Finding 1.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 87
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
24 The City hereby finds that the Project would not generate impacts from the potential expansion of park facilities beyond those concluded in the Draft EIR. No impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 7-5.

4.17 Transportation
Impact 4.13-2: Less than Significant Impact
As shown in Table 4.13-9: Core 5 Warehouse – Roadway VMT Within the City of Menifee, the Project reduces vehicle miles traveled (VMT) within the City boundary under all scenarios. Based on the City thresholds, a project would have a significant effect on VMT if the baseline link-level Citywide boundary VMT per specific plan (SP) increases under the plus project condition compared to the no project condition. The plus project VMT per SP is lower than the no project condition, in all analysis scenarios, The baseline project VMT per service population is 33.14 miles and the cumulative project VMT is 35.58 miles, which are both lower than the threshold of 35.68 miles. Further, the Project would reduce VMT within the City boundary under baseline and cumulative conditions. Therefore, the Project would have a less than significant impact on VMT.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts regarding conflicts with CEQA transportation guidelines beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.13-20 through 4.13-23.

Impact 4.13-3: Less than Significant Impact
The Project would not include the use of any incompatible vehicles or equipment on-site, such as farm equipment. The project design features (PDFs) would create new driveways and improve adjacent roadways. The anticipated on-site and off-site roadway improvements would be compatible with the surrounding existing and future land uses. All on‐site and site‐adjacent improvements would be constructed as approved by the City of Menifee Public Works Department. Sight distance at Project access points would comply with applicable City of Menifee sight distance standards and no sharp curves are proposed as part of the Project design (Development Code § 9.160.060). Therefore, a less than significant impact would occur, and no mitigation is required.

Finding: The City adopts CEQA Finding 1.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 88
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
25 The City hereby finds that the Project would not generate substantial impacts from hazardous design features beyond those concluded in the Draft EIR. Less than significant impacts are anticipated.

Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.13-23 through 4.13-24.

Impact 4.17-4: Less than Significant Impact
The Project would not result in adequate emergency access. During construction, access roads will be kept and maintained in such condition to allow for safe passage of emergency response vehicles. The Project’s compliance with applicable City laws and regulations, along with its provision of access points, will ensure that the Project’s construction impacts relating to this issue will be less than significant.

Emergency access lanes would be provided around the perimeter of both buildings. Following compliance with RCFD access requirements, adequate emergency access to the Project site would be provided.

Project impacts concerning emergency access would be less than significant and no mitigation is required.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts from impaired emergency access beyond those concluded in the Draft EIR. Less than significant impacts are anticipated.

Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR page 4.13-24.

4.18 Tribal Cultural Resources
The City of Menifee sent letters to those interested tribes that requested notification from projects occurring within the City pursuant to Assembly Bill (AB) 52. The following are the interested tribes:
• Agua Caliente Band of Cahuilla Indians;
• Pechanga Band of Luiseno Indians;
• Rincon Band of Luiseno Indians; and
• Soboba Band of Luiseno Indians.

On February 24, 2019, the on February 24, 2019, the Soboba Band of Luiseño Indians acknowledged receipt of the City’s notification and requested to initiate formal consultation with the City of Menifee. As of October 21, 2021, the Soboba Band of Luiseño Indians concluded consultation with the incorporation of the Standard Conditions of Approval, as listed in Section 4.4: Cultural Resources. On January 24, 2019, the Pechanga Band of Luiseño Mission Indians (Pechanga Tribe) responded, requesting to begin consultation under AB 52 for the Project. The Pechanga Tribe asserted that the Project area is part of Luiseño, and therefore, the Tribe’s aboriginal territory. Per Pechanga Tribe’s request, the City provided Pechanga with a Phase I cultural resource assessment, archaeological, geotechnical, and conceptual grading plans. In December 2021, the Pechanga Tribe communicated to the City that it had no further comments and consultation was found to be concluded. Based on consultation with local tribes, Standard Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 89
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
26 Conditions of Approval COA-CUL-1 through COA-CUL-8 (see Section 4.4: Cultural Resources) would ensure that any impacts to potential tribal cultural resources would be less than significant Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts on tribal cultural resources beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.14-12 and 4.14-13.

4.19 Utilities and Service Systems
Impact 4.15-1: Less than Significant Impact
Although most of the Project site is vacant, two nonconforming residential dwelling units (DUs) exist on the site. The two residential DUs are served by all necessary utilities. The implementation of the proposed Project would require that the same utilities are expanded on the site but would not require new services to the site.

Based on land use information provided by the developer and the lead agency, the actual average water demand for the Project is estimated to be 48 AFY, which is well within the limits of the estimated demand considered in the 2020 UWMP. Based on the Project water usage rate, the Project would represent a nominal percentage of EMWD’s present and future water supplies for both single- and multiple-dry-year scenarios. As such, the Project would have sufficient water supplies. Additionally, based on the incremental increase in demand that would result from implementation of the Project, impacts would be less than significant.

To prevent stormwater and drainage impacts, the Project would include off-site improvements which include storm drain lines running north on Sherman Road. All Project wastewater facilities would be constructed and operated in accordance with applicable guidelines and regulations of the EMWD and City and would also follow applicable EIR mitigation measures in each topical area addressed in the EIR. As such, EMWD would have adequate wastewater capacity. Additionally, in consideration of existing requirements and EIR mitigation measures, no significant impacts are anticipated with respect to Project wastewater facilities, with the exception of potentially significant temporary construction-related noise impacts addressed in Section 4.11: Noise. All other utilities such as electric, natural gas, and telecommunication services will be provided and the Project would not create increase impacts on the environment beyond those addressed for the overall Project.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts from the increased demand on public facilities beyond those concluded in the Draft EIR. Less than significant impacts are anticipated.

Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 90
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
27 Supportive Evidence: Please refer to Draft EIR pages 4.15-13 through 4.15-16.

Impact 4.15-2: Less than Significant Impacts
The Project’s water service provider is anticipated to have adequate capacity to serve the projected demands. Projected water service demands for evaluated Project Scenarios 1 and 2 are expected to be similar. The Project would result in less than significant impacts on services provided by the water service provider.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts to water supplies beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR page 4.15-17.

Impact 4.15-3: Less than Significant Impact
The Project’s wastewater service provider is anticipated to have adequate capacity to treat the projected demand. Projected wastewater service demands for evaluated Project Scenarios 1 and 2 are expected to be similar. The Project is anticipated to cause a less than significant impact on services provided by the wastewater service provider.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts regarding wastewater treatment demand beyond those concluded in the Draft EIR. Less than significant impacts are anticipated.

Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR page 4.15-17.

Impact 4.15-4: Less than Significant Impact
It was determined that the Project’s solid waste disposal needs could be accommodated at one or a combination of disposal facilities. Operational activities would be subject to compliance with all applicable federal, state, and local statutes and regulations for solid waste, including those identified under CALGreen and AB 939. The Project would result in less than significant impacts concerning solid waste, and no mitigation is required.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts regarding solid waste generation beyond those concluded in the Draft EIR. Less than significant impacts are anticipated.

Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 91
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
28 Supportive Evidence: Please refer to Draft EIR pages 4.15-17 through 4.15-18.

Impact 4.15-5: Less than Significant Impact
The Project would be constructed in compliance with Government Code Section5.408.1, the more stringent of the code sections which requires that projects recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with Government Code Sections 5.408.1.1, 5.408.1.2 or 5.408.1.3; or meet a local construction and demolition waste management ordinance, whichever is more stringent. As such a less than significant impact would occur.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts due to conflicts with established solid waste policies beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR pages 4.15-18 and 4.15-19.

4.20 Wildfire
Impact 7.6-1: No Impact
According to CAL FIRE’s Fire and Resource Assessment Program, FHSZ Viewer,11 the Project site is not located in or near a State Responsibility Area (SRA). The Project site is located in a Local Responsibility Area (LRA), but the Project site not in a very high fire hazard severity zone (VHFHSZ). No impact is anticipated to occur from Project implementation.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate impacts to established emergency response or evacuation plans beyond those concluded in the Draft EIR. No impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR page 7-6.

Impact 7.6-2: No Impact
The Project site is not located in or near an SRA and the Project site does not contain lands classified as VHFHSZs. The Project would not exacerbate wildfire risks or expose Project occupants to pollutant concentrations or the uncontrolled spread of a wildfire. Therefore, no impact would occur.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate wildfire impacts beyond those concluded in the Draft EIR. No impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 92
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
29 Supportive Evidence: Please refer to Draft EIR page 7-6.

Impact 7.6-3: No Impact
The Project site is not located in or near an SRA and does not contain lands classified as VHFHSZs. The Project would include construction of warehouse facilities, with parking and landscaping included.

Construction and operation of the Project would not increase the risk of fire nor would it require the installation/maintenance of infrastructure that would exacerbate fire risk. Therefore, no impact would occur.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts due to the installation of infrastructure beyond those concluded in the Draft EIR. No impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR page 7-7.

Impact 7.6-4: No Impact
The Project site is not located in or near an SRA and does not contain lands classified as VHFHSZs. Because the site is located within an urbanized area, it would not expose people or structures to significant risks as a result of runoff, post-fire slope instability, or drainage changes. Therefore, no impact would occur.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial post-fire flooding or landslide impacts beyond those concluded in the Draft EIR. No impacts are anticipated. Consequently, no mitigation measures are required for this impact.

Mitigation Measures: No mitigation is required.

Supportive Evidence: Please refer to Draft EIR page 7-7.

5.0 FINDINGS REGARDING POTENTIALLY SIGNIFICANT

ENVIRONMENTAL IMPACTS WHICH CAN BE MITIGATED TO A

LEVEL OF LESS THAN SIGNIFICANT
The City finds, based upon the threshold criteria for significance presented in the Draft EIR, that all potentially significant environmental effects of the Project can be avoided or reduced to insignificance with feasible mitigation measures identified in the Draft EIR. No substantial evidence has been submitted to or identified by the City that indicates that the following impacts would, in fact, occur at levels that would necessitate a determination of significance.

CEQA Guidelines, Section 15126(b), requires a description of any significant environmental effects that cannot be avoided if the proposed Project is implemented.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 93
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
30 5.1 Aesthetics
No impacts were concluded to be significant.

5.2 Agriculture and Forestry Resources
No impacts were concluded to be significant.

5.3 Air Quality
Significant and unavoidable air quality impacts for thresholds occur for 4.2-1 and 4.2-2. Refer to Section

4.2, Air Quality and the Mitigation Monitoring and Reporting Program.

5.4 Biological Resources
Impact 4.3-1: Less than Significant with Mitigation Applied No special-status plant species were observed on-site during the field survey. Based on habitat requirements for specific special-status plant species and the availability and quality of habitat needed by each species, it was determined that the Project site does not provide suitable habitat for any of the special-status plant species or special-status wildlife, that were determined to have the potential to occur in the vicinity of the Project site. To further avoid any potential impacts to biological resources, implementation of mitigation measures BIO-1 and BIO-2, a less than significant impact would occur.

Finding: The City adopts CEQA Finding 1.

Pursuant to Public Resources Code Section 21081(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant effect on the environment to below a level of significance with mitigation measures BIO-1 and BIO-2.

Mitigation Measures: Based upon the analysis presented in Section 4.3, Biological Resources of the Draft EIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant.

MM BIO-1: If grading or construction activities, including vegetation removal, occurs between February 1st and August 31st, a pre-construction clearance survey for nesting birds shall be conducted within three (3) days of the start of any vegetation removal or ground disturbing activities to ensure that no nesting birds will be disturbed during construction. The Project Applicant shall ensure that impacts to nesting bird species at the project site are avoided through the implementation of preconstruction surveys, ongoing monitoring, and if necessary, establishment of minimization measures. The Project Applicant shall adhere to the following:

1. The Project Applicant shall designate a biologist (Designated Biologist) experienced in: identifying local and migratory bird species of special concern; conducting bird surveys using appropriate survey methodology; nesting surveying techniques, recognizing breeding and nesting behaviors, locating nests Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 94
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
31 and breeding territories, and identifying nesting stages and nest success; determining/establishing appropriate avoidance and minimization measures; and monitoring the efficacy of implemented avoidance and minimization measures.

2. Surveys shall be conducted by the Designated Biologist at the appropriate time of day/night, during appropriate weather conditions, no more than 3 days prior to the initiation of project activities. Surveys shall encompass all suitable areas including trees, shrubs, bare ground, burrows, cavities, and structures. Survey duration shall take into consideration the size of the project site; density, and complexity of the habitat; number of survey participants; survey techniques employed; and shall be sufficient to ensure the data collected is complete and accurate. If a nest is suspected, but not confirmed, the Designated Biologist shall establish a disturbance-free buffer until additional surveys can be completed, or until the location can be inferred based on observations. If a nest is observed, but thought to be inactive, the Designated Biologist shall monitor the nest for one hour (four hours for raptors during the non-breeding season) prior to approaching the nest to determine status. The Designated Biologist shall use their best professional judgement regarding the monitoring period and whether approaching the nest is appropriate.

3. If an active avian nest is confirmed, the Designated Biologist shall immediately establish a conservative avoidance buffer surrounding the nest based on the nest based on their best professional judgement and experience. The Designated Biologist shall monitor the nest at the onset of Project activities, and at the onset of any changes in such Project activities (e.g., increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the Designated Biologist determines that such project activities may be causing an adverse reaction, the Designated Biologist shall adjust the buffer accordingly or implement alternative avoidance and minimization measures, such as redirecting or rescheduling construction or erecting sound barriers. All work within these buffers will be halted until the nesting effort is finished (i.e., the juveniles are surviving independent from the nest). The onsite qualified biologist will review and verify compliance with these nesting avoidance buffers and will verify the nesting effort has finished. Work can resume within these avoidance areas when no other active nests are found. Upon completion of the survey and nesting bird monitoring, a report shall be prepared and submitted to County for mitigation monitoring compliance record keeping.

MM BIO-2: The Project Developer shall retain a qualified biologist to conduct a 30-day pre-construction survey for burrowing owl. The results of the single one-day survey would be submitted to the City prior to obtaining a grading permit, three days prior to construction activities. If at any time there is a lapse of Project Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 95
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
32 activities for 30 days or more, another burrowing owl survey shall be conducted and reported to CDFW.

If active burrowing owl burrows are detected during the breeding season, the onsite biologist will review and establish a conservative avoidance buffer surrounding the nest based on their best professional judgment and experience and verify compliance with this buffer and will verify the nesting effort has finished Work can resume when no other active burrowing owl nesting efforts are observed. If active burrowing owl burrows are detected outside the breeding season, then passive and/or active relocation pursuant to a Burrowing Owl Plan that shall be prepared by the Applicant and approved by the City in consultation with CDFW, or the Project Developer shall stop construction activities within the buffer zone established around the active nest and shall not resume construction activities until the nest is no longer active. The Burrowing Owl Plan shall be prepared in accordance with guidelines in the MSHCP. Burrowing owl burrows shall be excavated with hand tools by a qualified biologist when determined to be unoccupied and backfilled to ensure that animals do not reenter the holes/dens.

Supportive Evidence: Please refer to Draft EIR pages 4.4-11 through 4.3-14.

Impact 4.3-6: Less than Significant Impact with Mitigation Applied The Project site is located in the City of Menifee within the Harvest Valley/Winchester Area Plan of the MSHCP. No jurisdictional drainage features, riparian/riverine areas, or vernal pools were observed within the Project site during the field survey. Additionally, the Project site does not provide suitable habitat for any of the Narrow Endemic Plant Species. Additionally, the Project site is located within the Mitigation Fee Area of the SKR HCP. Therefore, the Project applicant would be required to pay the SKR HCP Mitigation Fee prior to development of the Project site. With completion of recommendations provided above and payment of the applicable MSHCP Local Development Mitigation Fee ($17,764/acre)1for industrial developments and SKR HCP Mitigation fees, and implementation of Mitigation measures BIO-1 and BIO2, development of the Project site would be fully consistent with the MSHCP.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that the Project would not generate substantial impacts due to conflicts with established conservation plans beyond those concluded in the Draft EIR. Less than significant impacts are anticipated with implementation of MM BIO-1 and BIO-2.

Mitigation Measures: BIO-1 and BIO-2.

Supportive Evidence: Please refer to Draft EIR pages 4.3-16 through 4.3-19. 1 Regional Conservation Authority. 2022. MSHCP Mitigation Fee Implementation Manual 2022 Update. Available at https://www.wrc-rca.org/development-applications/permits-and-fees/. Accessed August 15, 2022.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 96
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
33 5.5 Cultural Resources
No impacts were concluded to be significant.

5.6 Energy
No impacts were concluded to be significant.

5.7 Geology and Soils
Impact 4.6-7: Less than Significant Impact with Mitigation Applied The near-surface soils encountered during the geotechnical investigation consisted of silty sands and wellgraded sands considered to have a low to medium expansive potential. Based on the presence of expansive soils at this site, the geotechnical study recommends that care should be given to proper moisture conditioning of all building pad subgrade soils to a moisture content of two to four percent above the Modified Proctor optimum during site grading. All imported fill soils should have low expansive characteristics. In addition to adequately moisture conditioning the subgrade soils and fill soils during grading, special care must be taken to maintain moisture content of these soils at two to four percent above the Modified Proctor optimum. Due to the existing expansive soils potential, Mitigation Measure (MM) GEO-1 would be implemented. MM GEO-2 requires additional soluble sulfate testing. Therefore, with compliance with MMs GEO-1 and GEO-2, a less than significant impact would occur.

Finding: The City adopts CEQA Finding 1.

Pursuant to Public Resources Code Section 21081(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant effect on the environment to below a level of significance.

Mitigation Measures: Based upon the analysis presented in Section 4.6, Geology and Soils of the Draft EIR, which is incorporated herein by reference, the following Mitigation Measure is feasible and is made binding through the MMRP. Imposition of this mitigation measure will reduce potentially significant impacts to less than significant.

MM GEO-1: To reduce damage from expansive soils, the contractor shall frequently moisture condition these soils throughout the grading process, unless grading occurs during a period of relatively wet weather. Based on the presence of expansive soils, there shall be proper moisture conditioning of all building pad subgrade soils to a moisture content of two to four percent optimum moisture content during site grading. In addition to adequately moisture conditioning the subgrade soils and fill soils during grading, all necessary steps shall be taken to maintain moisture content of these soils at two to four percent above the optimum moisture content.

MM GEO-2: Additional soluble sulfate testing shall be conducted by a qualified geologist prior to issuance of a building permit to verify the soluble sulfate concentrations of the soils which are present at pad grade within the building area. If soluble sulfate concentrations above

0.10% are present, specialized concrete mix designs shall be required. A qualified geologist Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 97
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
34 will determine the specialized concrete mix, if needed, upon results of lab testing of soluble sulfate soils.

Supportive Evidence: Please refer to Draft EIR pages 4.6-16.

5.8 Greenhouse Gas Emissions
Significant and unavoidable greenhouse gas impacts. Refer to Section 4.7, Greenhouse Gas Emissions and the Mitigation Monitoring and Reporting Program.

5.9 Hazards and Hazardous Materials
Impact 4.8-1: Less than Significant Impact with Mitigation Applied Project construction would involve the use, storage, transport, and disposal of hazardous materials and would therefore be required to conform to existing laws and regulations. Compliance with applicable laws and regulations concerning hazardous materials would ensure that all potentially hazardous materials are used and handled in an appropriate manner and would minimize the potential for safety impacts.

Therefore, hazards to the public or the environment arising from the routine transport, use, or disposal of hazardous materials during Project construction would be less than significant. Operation of the Project would involve the use of small amounts of hazardous materials, such as industrial cleansers, greases, and oils for cleaning and maintenance purposes. The Project may also involve transport, use, and disposal of hazardous materials; the specific substances and quantities of such materials are presently unknown.

Mandatory compliance with laws and regulations, would ensure that operational impacts would be less than significant. Additionally, the Project would comply with Mitigation Measures HAZ-1 and HAZ-2.

Therefore, with compliance with MMs HAZ-1 and HAZ-2, a less than significant impact would occur.

Finding: The City adopts CEQA Finding 1.

The City hereby finds that changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant effect on the environment to below a level of significance pertaining to the routine transport, use, or disposal of hazardous materials.

Mitigation Measures: Based upon the analysis presented in Section 4.8, Hazards and Hazardous Materials, of the Draft EIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant.

MM HAZ-1: Prior to issuance of a demolition permit of the on-site structures, preparation of a demolition plan for the safe dismantling and removal of building components and debris including a plan for lead and asbestos abatement shall be required. The demolition plan shall be submitted to the City’s (Building and Safety Department) for review and approval prior to commencement of demolition activities.

Prior to demolition activities, an asbestos survey shall be conducted by an Asbestos Hazard Emergency Response Act (AHERA) and California Division of Occupational Safety and Health (Cal/OSHA) certified building inspector to determine the presence or absence of asbestoscontaining materials (ACMs). The sampling method to be used shall be based on the Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 98
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
35 statistical probability that construction materials similar in color and texture contain similar amounts of asbestos. In areas where the material appears to be homogeneous in color and texture over a wide area, bulk samples shall be collected at discrete locations from within these areas. In unique or nonhomogeneous areas, discrete samples of potential ACMs shall be collected. The survey shall identify the likelihood that asbestos is present in concentrations greater than one percent in construction materials. If ACMs are located, abatement of asbestos shall be completed prior to any activities that would disturb ACMs or create an airborne asbestos hazard.

Asbestos removal shall be performed by a State certified asbestos containment contractor in accordance with the South Coast Air Quality Management District (SCAQMD) Rule 1403.

Common asbestos abatement techniques involve removal, encapsulation, or enclosure. The removal of asbestos is preferred when the material is in poor physical condition and there is sufficient space for the removal technique. The encapsulation of asbestos is preferred when the material has sufficient resistance to ripping, has a hard or sealed surface, or is difficult to reach. The enclosure of asbestos is to be applied when the material is in perfect physical condition, or if the material cannot be removed from the site for reasons of protection against fire, heat, or noise.

MM HAZ-2: If paint is separated from building materials (chemically or physically) during demolition of the structures, the paint waste shall be evaluated independently from the building material by a qualified Environmental Professional. A portable, field X-ray fluorescence (XRF) analyzer shall be used to identify the locations of potential lead paint, and test accessible painted surfaces. The qualified Environmental Professional shall identify the likelihood that lead is present in concentrations greater than 1.0 milligrams per square centimeter (mg/cm2) in/on readily accessible painted surfaces of the buildings.

If lead-based paint is found, abatement shall be completed by a qualified Lead Specialist prior to any activities that would create lead dust or fume hazard. Potential methods to reduce lead dust and waste during removal include wet scraping, wet planning, use of electric heat guns, chemical stripping, and use of local High-Efficiency Particulate Air (HEPA) exhaust systems. Lead-based paint removal and disposal shall be performed in accordance with California Code of Regulation Title 8, § 1532.1, which specifies exposure limits, exposure monitoring and respiratory protection, and mandates good worker practices by workers exposed to lead. Contractors performing lead-based paint removal shall provide evidence of abatement activities to the Building Official.

Supportive Evidence: Please refer to Draft EIR pages 4.8-18 through 4.8-21.

5.10 Hydrology and Water Quality
Impact 4.9-1: Less than Significant with Mitigation Incorporated Clearing, grading, excavation, and construction activities associated with Project buildout may impact water quality due to sheet erosion of exposed soils and subsequent deposition of particulates in nearby drainages. The Project is required to comply with the NPDES Construction General Permit, the water Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 99
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
36 quality policies of the City GP and the Riverside County DAMP, all which require the preparation and implementation of a SWPPP in order to obtain grading and building permits. The SWPPP shall identify sitespecific construction BMPs to reduce or eliminate sediment and other pollutants in stormwater and nonstormwater runoff from the Project site. The Project will be subject to best management practices (BMPs).

Overall, the Project would not violate water quality standards or waste discharge requirements with implementation of MM HYD-1 and HYD-2.

Finding: The City adopts CEQA Finding 1.

Pursuant to Public Resources Code Section 21081(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant effect on the environment to below a level of significance.

Mitigation Measures: Based upon the analysis presented in Section 4.9, Hydrology and Water Quality of the Draft EIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant.

MM HYD-1: Prior to commencing grading, the Project Applicant shall comply with applicable construction water quality regulations including the NPDES General Construction Permit, which shall be obtained from the Regional Water Quality Control Board. This process requires that the applicant electronically submit Permit Registration Documents (PRDs) prior to commencement of construction activities in the Storm Water Multiple Application and Report Tracking System (SMARTS). PRDs consist of the NOI, Risk Assessment, PostConstruction Calculations, a Site Map, the SWPPP, a signed certification statement by the Legally Responsible Person, and the first annual fee.

The required Stormwater Pollution Prevention Plan (SWPPP) must be submitted to the City of Menifee Engineering Department for review and approval, identifying specific actions and Best Management Practices (BMPs) to prevent stormwater pollution during construction activities. The SWPPP shall identify a practical sequence for BMP implementation, site restoration, contingency measures, responsible parties, and agency contacts. The SWPPP shall include but not be limited to the following elements:

A. Compliance with the requirements of the State of California’s most current Construction Stormwater Permit.

B. Temporary erosion control measures shall be implemented on all disturbed areas.

C. Disturbed surfaces shall be treated with erosion control measures during the October 15 to April 15 rainy season.

D. Sediment shall be retained on-site by a system of sediment basins, traps, or other BMPs.

E. The construction contractor shall prepare Standard Operating Procedures for the handling of hazardous materials on the construction site to eliminate discharge of materials to storm drains.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 100
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
37 F. BMP performance and effectiveness shall be determined either by visual means where applicable (e.g., observation of above-normal sediment release), or by actual water sampling in cases where verification of contaminant reduction or elimination (such as inadvertent petroleum release) is required by the Santa Ana RWQCB to determine adequacy of the measure.

G. In the event of significant construction delays or delays in final landscape installation, native grasses or other appropriate vegetative cover shall be established on the construction site as soon as possible after disturbance, as an interim erosion control measure throughout the duration of construction.

H. Prior to the issuance of the first grading permit, the Project Applicant shall submit the Final Tentative Parcel Map that includes the water quality BMPs for approval by the City of Menifee Engineer. The City of Menifee Engineer shall ensure that all applicable water quality standards are met before approving the SWPPP.

MM HYD-2: The Project Applicant shall prepare a Final Project-Specific Water Quality Management Plan (WQMP) with O&M Plan for submittal together with the associated grading and improvement plans which must be approved prior to the issuance of a building or grading permit. These documents shall be prepared in accordance with applicable City (Menifee) and County (Riverside) water quality requirements, for review and approval by the City of Menifee Engineering Department, including the following:
• Site Design BMPs
• Source Control BMPs
• Treatment Control BMPs
• BMP Sizing
• Equivalent Treatment Control Alternatives
• Regionally-Based Treatment Control BMPs
• O&M Responsibility for Treatment Control BMPs
Supportive Evidence: Please refer to Draft EIR pages 4.9-15 through 4.9-19.

Impact 4.9-3: Less than Significant with Mitigation Incorporated Although construction of the Project would alter the subject property’s interior drainage patterns, the changes would not result in substantial erosion or siltation on- or off-site. The Project would be required to follow the State Water Resources Control Board’s erosion control standards and would be required to obtain coverage under the State’s General Construction Storm Water Permit for construction activities (NPDES permit). Although the existing drainage pattern is subject to change, the Project will preserve the existing drainage pattern to the southwest. The NPDES Construction Stormwater Permit and the SWPPP would be implemented to minimize soil erosion and siltation on and off the site. Overall drainage patterns would remain consistent, with flows directed to the Santa Ana Watershed Region, with water quality Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 101
Menifee Mayor and City Council October 19, 2022

City of Menifee
Menifee Commerce Center Findings of Fact and Statement of Overriding Considerations August 2022 Findings of Fact
38 measures applicable to the respective watershed. In consideration existing regulations, and with implementation of MM HYD-1 and MM HYD-2, no significant impacts are anticipated.

Finding: The City adopts CEQA Finding 1.

Pursuant to Public Resources Code Section 21081(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant effect on the environment to below a level of significance.

Mitigation Measures: Based upon the analysis presented in Section 4.9, Hydrology and Water Quality of the Draft EIR, which is incorporated herein by reference, Mitigation Measures MM HYD-1 and MM HYD2 are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant.

Supportive Evidence: Please refer to Draft EIR pages 4.9-20.

Impact 4.9-4: Less than Significant with Mitigation Incorporated The Project site is mostly vacant and undeveloped, and the possibility of flooding could be significant.

However, design features pursuant to the BMPs in the WQMP and SWPPP would be implemented to collect any excess runoff that may flow through the site. Implementation of the Project would introduce impervious surfaces on the site; therefore, increasing the amount and rate of surface runoff. The Project’s drainage system has been designed to mitigate this impact, by providing on-site detentions basins and bio-retention basins, combined with a comprehensive on-site and off-site storm drainage system. The drainage design would prevent flooding on- and off-site due to an increase in surface water runoff, resulting in impacts to surface runoff being less than significant with mitigation incorporated. Additionally, with proposed on-site and off-site improvements, the Project would not cause additional flooding, exceed the capacity of existing drainage facilities, or impede or redirect flood flows such that on-site or off-site areas are significantly impacted. Water quality effects of the Project are addressed under Impact 4.9-1.

Finding: The City adopts CEQA Finding 1.

Pursuant to Public Resources Code Section 21081(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant effect on the environment to below a level of significance.

Mitigation Measures: Based upon the analysis presented in Section 4.9, Hydrology and Water Quality of the Draft EIR, which is incorporated herein by reference, Mitigation Measures MM HYD-3 is feasible and is made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant.

MM HYD-3: Prior to issuance of grading permits, the Project Applicant shall submit final parcel map(s) for review and approval by the City of Menifee, including final drainage design plans supported by a final drainage study. The tract maps, grading plans, and final drainage study shall demonstrate compliance with applicable City and County drainage plans, policies, design guidelines and regulations including but not limited to City of Menifee Municipal Code Chapter 8.26 Grading Regulations.

Item Title: 11.1 Menifee Commerce Center Industrial Development Item Page Number: 102
Menifee Mayor and City Council October 19, 2022