Menifee City Council
January 18, 2023

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STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. Project Map

2. Landscape Improvement Agreement

3. Landscape Improvement Bond

PROJECT LOCATION MAP

SUMAC RIDGE TM 37668

CITY OF MENIFEE
SUBJECT: Amendment to Agreement for On-Call Traffic Engineering Services with STC Traffic, Inc.

MEETING DATE: January 18, 2023
TO: Mayor and City Council
PREPARED BY: Kristen Jensen, Financial Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute Amendment No. 1 to Professional Services Agreement with STC Traffic, Inc. for on-call traffic engineering services, increasing the agreement by $66,000 for a total agreement not-to-exceed amount of $90,000.

DISCUSSION
In May 2022, the City completed a Request for Qualifications (RFQ) for Public Works/Engineering consultants specifically for land development engineering. On August 17, 2022, the City Council approved the establishment of a short-list of engineering firms determined to be qualified to provide on-call engineering services. STC Traffic, Inc. (STC) was included on this list of qualified firms. STC provides specialized on-call traffic engineering services and analysis/review of various traffic impact studies.

In Fiscal Year (FY) 2022/2023 the City entered into an agreement with STC for traffic plan check services that are development project specific and supported by developer deposits (recoverable services). Recently, staff administratively entered into a second Professional Services Agreement with STC in the amount of $24,000 for on-call traffic engineering services that are not associated with development projects, but instead, serve to support general traffic engineering needs (non- recoverable services) in the Land Development Engineering Division. This work includes review of traffic analysis associated with City-maintained traffic signal system upgrades, signal timing, and environmental traffic impact analysis review.

The proposed amendment would increase the current FY 2022/2023 non-recoverable agreement with STC by $66,000 for a total not-to-exceed amount of $ 90,000. All other terms and conditions of the agreement would remain the same.

City of Menifee Staff Report
STC On-Call Traffic Engineering
January 18, 2023

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STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. Funding for this amendment is available through previously approved Fiscal Year 2022/2023 operating budgets in Engineering Professional Services (non-recoverable) Account No. 100-4551-52800.

ATTACHMENTS

1. Professional Services Agreement

2. Amendment No. 1
2671/031858-0001
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CITY OF MENIFEE

PROFESSIONAL SERVICES AGREEMENT
FY 2022/23 On-Call Traffic Engineering Services (Plan Check)(Non-Recoverable) THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2022 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and STC TRAFFIC, INC. , a California S - Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.

Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance wi th the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.1 Term of Services . The term of this Agreement shall begin on July 1, 2022 and shall end on June 30, 2023 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.

1.3 Assignment of Personnel . Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote s uch time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.

1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur an y costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

DocuSign Envelope ID: 843EA627-F409-4CCA-A006-1BB56348062E DocuSign Envelope ID: A596ECED-2008-4933-929B-6045E6FC050E _____3rd 2023January
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1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID -19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.

SECTION 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed TWENTY FOUR THOUSAND DOLLARS AND ZERO CENTS ($24,000.00) notwithstanding any contrary indications that may be cont ained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein.

The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreeme nt. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.

Invoices shall be submitted to:

DocuSign Envelope ID: 843EA627-F409-4CCA-A006-1BB56348062E DocuSign Envelope ID: A596ECED-2008-4933-929B-6045E6FC050E 2671/031858-0001
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City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.

2.4 Total Payment . City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.

2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.

2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily co mpleted and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

SECTION 3. FACILITIES AND EQUIPMENT.

Except as o therwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall b e in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not DocuSign Envelope ID: 843EA627-F409-4CCA-A006-1BB56348062E DocuSign Envelope ID: A596ECED-2008-4933-929B-6045E6FC050E 2671/031858-0001
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limited to computer, long -distance telephone or other communication charges, vehicles, and reproduction facilities.

SECTION 4. INSURANCE REQUIREMENTS.

Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.

The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self - insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance. a. General requirements . Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.

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b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.

4.3 Professional Liability Insurance.
a. General requirements . Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omis sions.

Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations . The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insura nce must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.

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d. A copy of the claim reporting re quirements must be submitted to City prior to the commencement of the Services under this Agreement.

4.4 All Policies Requirements.
a. Acceptability of insurers . All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behal f. The Certificate of Insurance must include the following reference: FY 2022/23 On-Call Traffic Engineering Services (Plan Check)(Non -Recoverable). The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage . Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insura nce policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
d. Additional insured; primary insurance . City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behal f of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non- contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.

A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self -insured Retentions . Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.

During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self - DocuSign Envelope ID: 843EA627-F409-4CCA-A006-1BB56348062E DocuSign Envelope ID: A596ECED-2008-4933-929B-6045E6FC050E 2671/031858-0001
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insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages f or subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.

4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.

SECTION 5. INDEMNIFICATION.

5.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of the Services, to the fullest 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, 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 Consultant fails to provide a defense for City, the legal costs of counsel retained by City) a nd any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

DocuSign Envelope ID: 843EA627-F409-4CCA-A006-1BB56348062E DocuSign Envelope ID: A596ECED-2008-4933-929B-6045E6FC050E 2671/031858-0001
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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, C onsultant 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 S ervices 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 S ervices 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 fe deral 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 DocuSign Envelope ID: 843EA627-F409-4CCA-A006-1BB56348062E DocuSign Envelope ID: A596ECED-2008-4933-929B-6045E6FC050E 2671/031858-0001
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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 (inc luding 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 P arties 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 s hall 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.

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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 Subse ction 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 determina tion 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.

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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 non- exclusive 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, provide d 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.

DocuSign Envelope ID: 843EA627-F409-4CCA-A006-1BB56348062E DocuSign Envelope ID: A596ECED-2008-4933-929B-6045E6FC050E 2671/031858-0001
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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 attorney s’ 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 P arty 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 he ld 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 Nick Minicilli (“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, Nick Fidler , Public Works Director/City Engineer (“Contract Administrator”). All correspondence shall be directed to or through t he 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:

DocuSign Envelope ID: 843EA627-F409-4CCA-A006-1BB56348062E DocuSign Envelope ID: A596ECED-2008-4933-929B-6045E6FC050E 2671/031858-0001
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STC TRAFFIC, INC.

Attn: Stephen Manganiello
5973 Avenida Encinas, Suite 218
Carlsbad, CA 92008

Any written notice to City shall be sent to the Contract Administrator at:

City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Nick Fidler, Public Works Director/City 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 P arties are cumulative and the exercise by eith er 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.

DocuSign Envelope ID: 843EA627-F409-4CCA-A006-1BB56348062E DocuSign Envelope ID: A596ECED-2008-4933-929B-6045E6FC050E 2671/031858-0001
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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 provi sions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other A greement 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 Consulta nt, 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]

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IN WITNE SS WHEREOF, the P arties hereto have executed and entered into this Agreement as of the Effective Date.

CITY OF MENIFEE

Armando G. Villa, City Manager

Attest:

Kay Vinson, Acting City Clerk

Approved as to Form:

Jeffrey T. Melching, City Attorney

CONSULTANT

Stephen Maganiello

Sandra Sass

[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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2671/031858-0001
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EXHIBIT A.

EXHIBIT A

SCOPE OF SERVICES
Services shall include FY 2022/23 On- Call Traffic Engineering Services (Plan Check)(Non- Recoverable) in the amount not to exceed TWENTY FOUR THOUSAND DOLLARS AND ZERO CENTS ($24,000.00) as further detailed in the following page(s).

• Comprehensive Traffic Engineering Support Services as requested by City of Menifee Public Works/Engineering staff, including but not limited to:

Completing day- to-day City Traffic Engineer tasks including responding to service calls, responding and addressing resident’s calls and requests, plan checking, and attending various staff and development meetings.

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2671/031858-0001
7630421.2 a11/21/22 EXHIBIT A.

DocuSign Envelope ID: 843EA627-F409-4CCA-A006-1BB56348062E DocuSign Envelope ID: A596ECED-2008-4933-929B-6045E6FC050E AMENDMENT NO. 1
AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
FY 2022/2023 ON-CALL TRAFFIC ENGINEERING SERVICES
(PLAN CHECK)(NON-RECOVERABLE)
This is Amendment No. 1 (“Amendment No. 1”) to that certain Professional Services Agreement (“Agreement”) made on JULY 1, 2022, between the City of Menifee (“City”) and STC TRAFFIC, INC. (“Consultant”) for FY 2022/2023 ON-CALL TRAFFIC ENGINEERING SERVICES (PLAN CHECK)(NON-RECOVERABLE) which this Amendment No. 1 is made and entered into on _______________, 2023 to increase the total compensation amount of the Agreement as indicated below:

1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.

2. Section 2, “Compensation” is amended to increase the maximum compensation by SIXTY SIX THOUSAND DOLLARS AND ZERO CENTS ($66,000.00), and is amended to read as follows:

Section 2. COMPENSATION.

City hereby agrees to pay Consultant a sum not to exceed NINETY THOUSAND DOLLARS AND ZERO CENTS ($90,000.00) notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein.

The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.

3. Exhibit A, “Scope of Services” is replaced in full by the scope of services in Exhibit A hereto. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:

AMENDMENT NO. 1
4 6
1 2
6 EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide FY 2022/2023 On-Call Traffic Engineering Services (Plan Check) (Non-Recoverable) in the amount not to exceed NINETY THOUSAND DOLLARS AND ZERO CENTS ($90,000.00) as further detailed in the following page(s).

4. All other terms and conditions of the Agreement remain in full force and effect.

5. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. [SIGNATURES ON FOLLOWING PAGE]
AMENDMENT NO. 1
4 6
1 2
6 CITY OF MENIFEESTC TRAFFIC INC.
_______________________________ _______________________________ Armando G. Villa, City Manager Stephen Maganiello
Attest: ________________________________
Sandra Sass
_______________________________
A. Kay Vinson, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney

EXHIBIT A
SUPPLEMENT TO SCOPE OF SERVICES (AMENDMENT NO. 1)
Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:

Services shall include FY 2022/23 On-Call Traffic Engineering Services (Plan Check) (Non-Recoverable) in the amount not to exceed NINTY THOUSAND DOLLARS AND ZERO CENTS ($90,000.00) as further detailed in the following page(s).

EXHIBIT A

CITY OF MENIFEE
SUBJECT: Community Services Department, General Contractor Services On-Call Short List
MEETING DATE: January 18, 2023
TO: Mayor and City Council
PREPARED BY: Nancy Rodriguez, Management Analyst
REVIEWED BY: Jonathan Nicks, Community Services Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve the Community Services Department On-call Short List for general contractor services for Fiscal Year’s 2022/2023 through 2024/2025.

DISCUSSION
The City of Menifee’s Community Services Department oversees the ongoing maintenance of all City facilities, parks, and right-of-ways. As the City has grown, the number of maintenance projects led by the department has continuously increased.

On November 3, 2022, staff issued a Request for Proposal (RFP) No. 2023-9 for facility general contractor on-call services. The intent of the RFP was to establish an on-call list of qualified contractors available to supplement city projects. The services would include, but are not limited to, as needed general construction and/or emergency repair services including carpentry, plumbing, electrical work, and indoor and outdoor painting.

The City received four proposals from the following firms:
•MB Painting
•MBE Construction
•Painting & Décor Inc.
•Roseland Painting
An evaluation committee consisting of City staff evaluated the submittals. As part of the City’s RFP process, the firms were evaluated based on the criteria set forth in RFP 2023-9, which

City of Menifee Staff Report
On-Call Contractor Short List
January 18, 2023

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included the experience of the firm, references, project/services experience, cost proposal, and quality of responsiveness of the proposal.

All the tabulated results from the evaluations are listed in Table 1 below:

Table 1 – RFP Evaluation Summary
Firm Name Evaluation Score
MBE Construction 90.00
Painting & Décor Inc. 87.33
Roseland Painting 72.00
MB Painting 68.00
Following the evaluation process and reference checks, three contractors have been recommended for the City’s qualified short list to provide on-call contractor services. The List includes MBE Construction, Painting & Décor Inc., and Roseland Painting. The inclusion of the City’s On-call List does not guarantee award of future contract(s) and the City reserves the right to issue separate RFQ/RFPs as deemed necessary for specific services and/or projects.

The short list proposed is to be eligible for the period of Fiscal Years (FY) 2022/2023 through 2024/2025. The City reserves the right to re-issue a new RFP solicitation, as deemed necessary during the short list three-year period.

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. Any projects utilizing the contractors from the established On-call short List will utilize funds already budgeted in the approved Community Services Department FY 2022/2023 Budget.

ATTACHMENTS

1. On-Call Contractor Services Short List
City of Menifee
Community Services Department
Maintenance Division
Fiscal Year 2022/23 thru 2024/25 On Call List (Contractor Services) Contractor Services
MBE Construction
Painting & Décor Inc.

Roseland Painting

CITY OF MENIFEE
SUBJECT: Laserfiche Rio System Additional Licenses Purchase MEETING DATE: January 18, 2023
TO: Mayor and City Council
PREPARED BY: Edna Aguilar, Management Analyst
REVIEWED BY: Kay Vinson, Acting City Clerk
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve the purchase and authorize the Finance Department to issue a corresponding Purchase Order (PO) for the purchase of 100 additional Laserfiche Rio System licenses based on the attached quote for a not-to-exceed amount of $104,790 and using available funds within account #110-4113-51353 (Computer Software); and

2. Allow the purchase to be made as a cooperative purchasing (piggyback) agreement under National Cooperative Purchasing Alliance Contract No. 11-25, pursuant to Menifee Municipal Code Chapter 3.12.070(6); and

3. Authorize the City Manager to issue up to three additional one-year purchase orders at $49,999 per year, for auto renewals.

DISCUSSION
On January 15, 2020, the City Council approved the purchase of the Laserfiche Rio System Suite, which allows enterprises to manage content, mitigate content-related risks and provide web- based records management, with a total of 30 user licenses.

As of today, all thirty licenses have been assigned to designated staff from each department leaving no room for additional staff to be added. In order to more effectively centralize records management, the City Clerk’s Department in conjunction with the Information Technology Department are requesting an additional 100 users be added to the current agreement with Complete Paperless Solutions - Laserfiche Rio System for a total of 130 user licenses.

The total cost for the addition of the 100 Laserfiche Rio System user licenses would be $104,790.

This addition was previously requested and approved by City Council as part of the Fiscal Year (FY) 2022/2023 adopted budget.

City of Menifee Staff Report
Laserfiche Rio System Additional Licenses Purchase
January 18, 2023

1 3
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The added 100 licenses would allow for the City to meet current and future needs by providing the ability to organize records, input records retention schedules, and determine when records would be eligible for destruction.

The recommended purchase would be made as a cooperative purchasing (piggyback) agreement, allowed under Municipal Code Chapter 3.12.070(6). Specifically, under National Cooperative Purchasing Agreement Alliance (NCPA) Contract No. 11-25, authorized reseller Complete Paperless Solutions (CPS).

STRATEGIC PLAN OBJECTIVE
Accessible and Interconnected Community

FISCAL IMPACT
The fiscal impact of the proposed purchase of additional Laserfiche System licenses is $104,790 for the first year, including applicable one-time costs, and would be covered with existing available FY 2022/2023 funds as shown below:
•$104,790 from Account 110-4113-51353 (Computer Software) If the three additional one year renewals are elected, the total estimated cost will be $254,787, at $49,999 per year and $104,790 for the first year. Annual costs would be budgeted for appropriately in the corresponding fiscal year’s budget. No additional budget appropriation action(s) is required.

ATTACHMENTS

1. CPS Quote #2478
Tax ID: 27-0926551 | Please Make Checks Payable to: Complete Paperless Solutions | Please Make Checks Payable to: Complete Paperless Solutions
Complete Paperless Solutions
5130 E La Palma Av. Ste 206
Anaheim, CA 92807
(866)661-2425
[email protected]
Quote

ADDRESS
Sarah A. Manwaring
City of Menifee
29844 Haun Road
Menifee, CA 92586 USA

SHIP TO
Sarah A. Manwaring
City of Menifee
29844 Haun Road
Menifee, CA 92586 USA
QUOTE # 2478
DATE 12/22/2022
EXPIRATION DATE 06/30/2023

DATE ACTIVITY QTY RATE AMOUNT
ENF20
RIO Named Full User
100 805.00 80,500.00
ERM
Laserfiche Records Management Edition DoD
5015.2 Certified
100 80.50 8,050.00
EFRM
LF Forms for RIO
100 80.50 8,050.00
ENF20B
Rio Named Full User
100 189.00 18,900.00
ERMB
RIO-Records Management LSAP
100 18.90 1,890.00
EFRMB
LF Forms for RIO LSAP
100 18.90 1,890.00

NCPA Contract Number: 11-25
Lead Agency: Region 14 ESC
SUBTOTAL 119,280.00
DISCOUNT -14,490.00
TAX 0.00
TOTAL $104,790.00
Accepted By Accepted Date

CITY OF MENIFEE
SUBJECT: Notice of Completion and Acceptance for Tradewinds Community Resurfacing, Capital Improvement Project No. 22- 07 MEETING DATE: January 18, 2023
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Associate Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the improvements for Capital Improvement Project (CIP) No. 22-07, Tradewinds Community Resurfacing Project, and

2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.

DISCUSSION
The Tradewinds Community Resurfacing Project provided roadway improvements in the Tradewinds neighborhood located east of Interstate 215 and north of Highway 74. Roadway improvements were performed on residential streets including Summer Winds Drive, North Winds Drive, West Winds Drive, Trade Winds Drive, Autumn Winds Drive, and Springs Winds Drive. The improvements consisted of resurfacing/reconstruction of the existing roadway, restriping where appropriate, and reconstruction of 16 existing noncompliant curb ramps.

The Project required coordination with Eastern Municipal Water District (EMWD) for adjustment of utility items throughout the Project area. On May 4, 2022, the City and EMWD entered into a Utility Relocation Agreement stating that EMWD is to reimburse the City a total of $20,980 for Project work performed to adjust utilities. During construction, additional, and previously unidentified, utility covers and valves were discovered and adjusted by Hillcrest Contracting, Inc. (Contractor). Now that the Project is complete, it has been determined that the total reimbursement due from EMWD should be $29,010, to reflect the cost of the additional utility adjustments made by the Contractor. Staff has submitted for reimbursement from EMWD in the amount of $29,010.

City of Menifee Staff Report
CIP 22-07 NOC
January 18, 2023

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On April 6, 2022, the City Council approved a construction budget of $1,015,135. to complete the improvements in the Tradewinds neighborhood. The final construction costs for the Project totaled $926,958.20, including ancillary construction costs such as labor compliance and materials testing services.

If approved, a Notice of Completion (NOC) would be filed, which protects the City from future claims against the Project by providing proper noticing to each contractor, subcontractor, and material supplier, that the Project has been completed. The payment bond should be released upon project acceptance by the City and the performance bond would be released one year after the date of recording of the NOC, provided no stop notices are filed preventing said releases.

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
There is no fiscal impact associated with the acceptance of the improvements related to CIP 22-

07. In December 2022, staff submitted a reimbursement request to EMWD in the amount of $29,010 for costs related to utility work performed as part of the Project.

ATTACHMENTS

1. Project Location Map

2. Notice of Completion

3. Close-out Documents
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Path: E:\Project_Specific_Maps\Engineering_PublicWorks\TradewindsCommunityResurfacing\TradewindsCommunityResurfacing.aprx Date: 3/16/2022 Tradewinds Community Resurfacing (CIP 22-07)
Project Location Map
Recording Requested By:

CITY OF MENIFEE

After Recording Mail To:

CITY CLERK

CITY OF MENIFEE
29844 HAUN ROAD
MENIFEE, CA 92586

Record without fee subject to Govt. Code 6103

NOTICE OF COMPLETION
(Public Works – Civil Code Sec. 9204)

TRADEWINDS COMMUNITY RESURFACING, CIP 22-07

Notice is hereby given that:

Work of improvements on the project herein described was accepted as complete on January 18, 2023. The project improvements consist of about 1. 0 mile of vari ous full depth reclamation of asphalt pavement. This work will also included the reconstruction of 16 existing noncompliant curb ramps. The replacement of all striping and adjustment of all utility covers was also performed. The project was done in the city right -of-way in the City of Menifee, County of Riverside, State of California.

1. The full name of the Owner is: CITY OF MENIFEE

2. The full address of the Owner is: 29844 HAUN ROAD
MENIFEE, CA. 92586

3. The undersigned is a Corporate Officer of the Owner of the interest stated below in the property herein described:

PUBLIC STREETS IN
MENIFEE, CA 92586

4. The name of the contractor for such work of construction is:

Hillcrest Contracting Inc.
1467 Circle City Drive
Corona, CA 92879

5. The property on which said work of improvement was completed is within the City of Menifee, County of Riverside, State of California.

STATE OF CALIFORNIA)
Ss

COUNTY OF RIVERSIDE)
I, Kay Vinson, hereby certify that I am the Acting City Clerk of the City of Menifee, a municipal corporation, which is the owner of the properties described within this Notice of Completi on, executed on behalf of the City ; that I have read the notice and know the contents thereof and that the facts therein stated are true of my own knowledge under penalty of perjury under the laws of the s tate of California; that I make this verification on _________________, 20___ for and on behalf of the City.

_____________________________
Kay Vinson, Acting City Clerk
Tradewinds Community Resurfacing
CIP No. 22-07

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1 APPENDIX 4

CLOSE-OUT DOCUMENTS

CITY OF MENIFEE
SUBJECT: Public Improvement Agreements and Bonds for Scott Road Commerce Center II, by SRP II. LLC
MEETING DATE: January 18, 2023
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute the public improvement agreements to guarantee the completion of required public improvements associated with the Scott Road Commerce Center II project, located east of Zeiders Road and south of Ciccotti Street.

DISCUSSION
Scott Road Commerce Center II (“Project”) is an industrial development comprised of three parcels of land with a total of 37.8 acres. The Project is located east of Zeiders Road and south of Ciccotti Street.

SRP II, LLC (“Developer”), is now requesting approval of the Public Improvement Agreements (PIA) for street and drainage and water system improvements within the public right-of-way, as required by the Project’s conditions of approval. The PIAs require that improvement securities are posted to guarantee the completion of the required public improvements within 24-months from the City Council approval date of the agreement.

Staff has reviewed the Developer’s request and determined that the PIAs meet the requirements of the Project’s conditions. A summary of the bond being posted to guarantee the required public improvements is provided in Table No. 1 below.

Table No. 1 - SRCC II, IP22-021, Public Improvement Securities Improvement Security Faithful Performance Labor & Materials Streets and Drainage CMS0348759 $ 228,500 $ 114,250
Water System CMS0348759 $ 71,000 $ 35,500
Total $ 299,500 $ 149,750

City of Menifee Staff Report
SRCC II, Public Improvement Agreement
January 18, 2023

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3 6

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. Project Map

2. Public Improvement Agreement – Streets and Drainage

3. Public Improvement Agreement – Water System

4. Bonds

VICINITY MAP

PROJECT MAP

CITY OF MENIFEE
SUBJECT: Acceptance of Public Improvements and Release of Security for Plot Plan 2017-042, Wellquest Senior Living, by Wellquest Menifee, LLC
MEETING DATE: January 18, 2023
TO: Mayor and City Council
PREPARED BY: Run Chen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the public improvements for streets/drainage, water, recycled water, and sewer systems for Plot Plan 2017-042, Wellquest Senior Living, located on the east side of Antelope and north of Aldergate Drive; and

2. Authorize the City Engineer to release the posted securities per the City’s Standard Policies.

DISCUSSION
Wellquest Menifee, LLC (“Wellquest”) is the developer of Wellquest Senior Living, a 118-unit assisted living facility on a 4.86 acre property. The property is located on the east side of Antelope Road and north of Aldergate Drive as depicted in the attached project map. As part of the development requirements, Wellquest constructed streets and drainage, water, recycled water and sewer system improvements.

Wellquest has now completed construction of these facilities and is requesting acceptance of the completed improvements into the City’s maintenance system. Staff has inspected the completed improvements and have determined that the improvements have been constructed in accordance with City specifications and standards, and that all project conditions of approval have been met to release the performance security and labor and materials security in accordance with City policy. A 10% warranty security would be held for a period of one year in accordance with the City Municipal Code. The original posted security improvements are listed in Table 1 on the following page.

City of Menifee Staff Report
Public Improvements Wellquest Senior Living
January 18, 2023

1 3
0 9
Table 1 - Original Posted Security Improvements
Improvement Security No.

Performance / Material
Faithful
Performance
Material and
Labor
Streets/Drainage 9310532 / 9310534 $ 488,500 $ 244,250
Water System 9310532 / 9310534 $ 46,500 $ 23,250
Recycled Water System 9310532 / 9310534 $ 29,000 $ 14,500 Sewer System 9310532 / 9310534 $ 159,000 $ 79,500
Total $ 723,000 $ 361,500

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The developer has paid all necessary fees and deposits to cover the costs of the required inspection of the completed improvements. Ongoing maintenance costs for the improvements will be supported through approved Fiscal Year 2022/2023 operating budgets in Community Facilities District (CFD) 2015- 2, Zone 36.

ATTACHMENTS

1. Project Map

2. Agreement – Streets and Drainage

3. Agreement – Water System

4. Agreement – Recycled Water System

5. Agreement – Sewer System

6. Bonds

WELLQUEST SENIOR LIVING

PROJECT LOCATION MAP



AGREEMENT

FOR THE CONSTRUCTION OF ROAD IMPROVEMENTS
PP2017-042 I tP18-042
This Agreement for Construction of Road and Drainage lmprovements ("Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafter cailed City, and WellQuest Menifee, LLC, a Limited Liability Company, hereinafter called Developer.

WITNESSETH:

FIRST: Developer, as part of the City's consideration of the final map for that certain land division known as PP2O17-042 I lP18-O42, hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within Seven Hundred and Thirtv Davs from thedatethisAgreementisexecuted,inagoodandworkmanlikemanner,allr@ents in accordance with those Road Plans for said land division which have been approved by the City Engineer, a copy of which are on file in the office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement.

All the above required work shall be done under the inspection of and to the satisfaction of the CityEngineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer.

Developer further agrees to maintain the above required improvements for a period of one yeir following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that ail underground improvements covered by this Agreement shall be completed prior to the paving of iny roadway.

The estimated cost of said work and improvements is the sum of Four Hundred Eiqhtv Eiqhl Thousand Five Hundred and no/100, Dollars, $ 488.500.00, ("Estimated Cost"). prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the laMul construction of the work and performance of Developer'i obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, tulcs, and otl,ui requirements containcd in any permit rlr itcense issued to Developer.

SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.

The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developel including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.

THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.

Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, administrative action of any federal, state, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses, and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of City as determined by a court or administration body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.

FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Developer has completed work within the time specified or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty (30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Cost.

FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect all persons from such hazardous or dangerous conditions in compliance with State law regulations and standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.

SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities for obtaining full information with respect to the progress and manner of work and shallfully cooperate with any investigation regarding the same.

SEVENTH: lf Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developel and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under this Agreement or the law. The failure of the Developer to commence or complete construction shall not relieve the Developer or surety from completion of the improvements required by this Agreement.

EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a good and sufficient improvement security in an amount not less than the Estimated Costs of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and good and sufficient security for payment of labor and materials in the amount prescribed by Article XVll of Riverside County Ordinance 460 as amended to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Developer agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten (10) days after being notified bythe City Engineerthatthe sureties oramounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified Developer of the insufficiency of the security or the amount of the bonds or both.

NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, extensions of time may be granted in writing, from time to time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein.

TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlaMul and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Aqreement did not contain that particular part, term or provision held to be invalid.

ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated .' :1' hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attorneys'and paralegals'fees, court costs, filing fees, publication cost and other expenses incurred by the prevailing party in connection therewith, at trial and all appellate proceedings.

THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.

FOURTEENTH: The persons executing this Agreement on behalf of.the parties hereto warrant thet they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.

FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. ln the event that City consents in writing t such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City.

SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications, and approvals shall maintained throughout the term of this Agreement.

The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.

The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transferred.

SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instruments.

EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.

NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

Sily Developer
City of Menifee
2q/f+*#1Haun Road
lrlenifee, CA 92586
WellQuest Menifee, LLC
185 South State St., 12th Floor
Salt Lake, Utah
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.

TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.

This Section shall not be construed as an authorization for any Party to assign any right or obligation lN WITNESS WHEREOF, Landowner has affixed his name, address and seal.

Dated: ,lv\,"*rTj,.
"-S
,2019 By: WellQuest lr/enifee. LLC
Its Manager
i- 1<_
Steve Sandholtz
Manager
Dated 2019 CITY OF MENIFEE
nathan G. Smith, Public Works Director/
City Engineer

CITY OF MENIFEE
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APPROVED AS TO FORM
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SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY

AND EXECUTED IN TRIPLICATE
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer complctin-e this certificate verifies only the identity of the individual rvho signed thc document to rvhich this certificate is attached, and not the truthlulness, accuracy, or vali<Iity of that clocument.

State of Utah
County of Salt Lake
On March 25,2019,before me, Josi Rydin, Notary Public, personally appeared Steve Sandholtz, Manager of WellQuest Menifee, LLC, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of State of Califbrnia rhar the foregoing paragraph is true and correct.

WITNESS my official
PI,ACE NoTARY SEAT- ABOVE
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AGREEMENT

FOR THE CONSTRUCTION OF RECYCLE WATER SYSTEM IMPROVEMENTS PP2017-042 I tP18-042
This Agreement for Construction of Recycle Water System lmprovements ("Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and WellQuest Menifee, LLC, a Limited Liability Company, hereinafter called Developer.

WITNESSETH:

FIRSI Developer, as part of the City's consideration of the final map for that certain land division known as PP2017-0421 lP18-O42. hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within Seven Hundred and Thirtv Davs from the date this Agreement is executed, in a good and workmanlike manner, a water distribution system, complete with all necessary pipes, valves, fire hydrants, connections and appurtenances necessary to the satisfactory operation of said distribution system, and, further, to extend main or mains from the existing supply system maintained and operated by Eastern Municipal Water District, to connect with the distribution system described above with all pipe laid at such a depth as to provide a fullythirty six inch (36") minimum cover from the top of the pipe to street grade, unless othenrvise specified by the City Engineer, office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement. All the above required work shall be done under the inspection of and to the satisfaction of the City Engineel and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of Twentv Nine Thousand and no/100, Dollars, $ 29.000.00 , ("Estimated Cost").

Prior r.r, ,:ommencing any work, Develc,per shali, at its sole cost, expense, and liability, obtain all nccc:sai'v permits and licenses and give all necessary and incidental notices required for the laMul construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.

The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developel not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.

THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any acciden[4 loss, injury or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.

Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, administrative action of any federal, state, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses, and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of City as determined by a court or administration body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.

FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Developer has completed work within the time specified or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys' fees and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty (30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Cost.

FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance of the wcrks of improvement. The Developer shali protect all persons from such hazardous or dangerous conditions in compliance with State law regulations and standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.

SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities for obtaining full information with respect to the progress and manner of work and shall fully cooperate with any investigation regarding the same.

SEVENTH: lf Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under this Agreement or the law. The failure of the Developer to commence or complete construction shall not relieve the Developer or surety from completion of the improvements required by this Agreement.

EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a good and sufficient improvement security in an amount not less than the Estimated Costs of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and good and sufficient security for payment of labor and materials In the amount prescribed by Article XVll of Riverside County Ordinance 460 as amended to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Developer agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified Developer of the insufficiency of the security or the amount of the bonds or both.

NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, extensions of time may be granted in writing, from time to time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein.

TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlav'rful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain that particular part, term or provision held to be invalid.

ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplafed ,':{r.l hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attorneys' and paralegals'fees, court costs, filing fees, publication cost and other expenses incurred by the prevailing party in connection therewith, at trial and all appellate proceedings.

THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.

FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.

FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. ln the event that City consents in writing t such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City.

SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications, and approvals shall maintained throughout the term of this Agreement.

The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement.

The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transferred.

SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instruments.

EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.

NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:
ety Developer
City of Menifee
zofi$(xl<+ Haun Road
N/enifee, CA 92586
WellQuest Menifee, LLC
185 South State St., 12th Floor
Salt Lake, Utah
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.

TWENTY-FIRST Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.

This Section shall not be construed as an authorization for any Party to assign any right or obligation lN WITNESS WHEREOF, Landowner has affixed his name, address and seal Dated: 44r-,rv l^. Z,( ,2019 By: WellQuest lVlenifee, LLC Its Manager
Steve Sandholtz
Manager
Dated

CITY OF IVENIFEE
By
Biil
ATTEST
tV
2019 CITY OF MENIFEE
B
City Engineer
n G. Smith, Public Works Director/
Mayor
APPROVED AS TO FORM:

By:
ng, C T. ching, C

SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY

AND EXECUTED IN TRIPLICATE
J
1+-
a//T'n/
Afi(llnbtr Q ,
\

CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completin-e this certificate verifies only the identity of the inclividual who signed the document to w'hich this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of Utah
County of Salt Lake
On March 25,2019, before me, Josi Rydin, Notary Public, personally appeared Steve Sandholtz, Manager of WellQuest Menifee, LLC, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal
SrcNerunE
PI-ACE NoTARY SEAL AtsOVE
)
tlovtmber 10,
of uteh
onl

AGREEMENT

FOR THE CONSTRUCTION OF SEWER SYSTEM IMPROVEMENTS
PP2017-042 I tP18-042
This Agreement for Construction of Sewer System lmprovements ("Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafter called City, and WellQuest Menifee, LLC a Limited Liability Company, hereinafter called Developer.

WITNESSETH:

FIRST: Developel as part of the City's consideration of the final map for that certain land division known as PP2O17-O421 lP18-042, hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within Seven Hundred and Thirtv Davs from the date this Agreement is executed, in a good and workmanlike manner, a sanitary sewer distribution system, complete with all necessary pipes, manholes, cleanouts, connections and appurtenances necessary to the satisfactory operation of said distribution sanitary sewer system. Developer further, to extend main or main or mains from the existing sewer system maintained and operated by Eastern Municipa! Water District, to connect with the sanitary sewer system required to be constructed by this Agreement. All the above required work shall be in accordance with those plans and specifications which have been approved by the City Engineer, office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Ordinance No. 460 and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement. All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer, and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer.

Developer further agrees to maintain the above required improvements for a period of one year following acceptance by the City, and during this one year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished. Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway.

The estimated cost of said work and improvements is the sum of One Hundred Fiftv Nine Thousand and ,ro/!C3 Dollars, $ 159,000.0-q, ("Estirnated Cost"). Prior to commencing any work, Developer shall, at its sclc cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the work and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense. and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the final map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.

The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the road and drainage improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorney's fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.

THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury or damage happening or occurring to the works specified in this agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.

Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, administrative action of any federal, state, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys'fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses, and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of City as determined by a court or administration body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.

FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Developer has completed work within the time specified or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees (including attorneys'fees and litigation cost) ("Completion Costs") incurred by the City in connation with ensuring that the work contemplated by this Agreement. Developer shall remit such completion Costs to the City no more than thirty (30) days of the date that the City notifies Developer of such Completions Cost. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Cost.

FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect all persons from such hazardous or dangerous conditions in compliance with State law regulations and standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.

SIXTH: Developer, its agents and employees, shall give written notice to the City Engineer at least forty eight (48) hours before beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities for obtaining full information with respect to the progress and manner of work and shall fully cooperate with any investigation regarding the same.

SEVENTH: If Developer, its agents or employees, neglects, refuses, or fails to prosecute the work with such diligence as to insure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all other rights and remedies available to City under this Agreement or the law. The failure of the Developer to commence or complete construction shall not relieve the Developer or surety from completion of the improvements required by this Agreement.

EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a good and sufficient improvement security in an amount not less than the Estimated Costs of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and good and sufficient security for payment of labor and materials in the amount prescribed by Article XVll of Riverside County Ordinance 460 as amended to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Developer agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten (10) days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified Developer of the insufficiency of the security or the amount of the bonds or both.

NINTH: lt is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, extensions of time may be granted in writing, from time to time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein.

TENTH: lt is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlaMul and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain that particular part, term or provision held to be invalid.

ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

TWELFTH: ln any action or proceeding arising out of this Agreement, or the transactions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attorneys'and paralegals'fees, court costs, filing fees, publication cost and other expenses incurred by the prevailing party in connection therewith, at trial and all appellate proceedings.

THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.

FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.

FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. ln the event that City consents in writing t such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City.

SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications, and approvals shall maintained throughout the term of this Agreement The agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the CityAttorney, to guarantee construction of the work covered by this Agreement.

The Agreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transferred.

SEVENTEENTH: This agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instruments.

EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.

NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:
qily Developer
z#t+
City of Menifee
99+11Haun Road
Menifee, CA 92586
WellQuest Menifee, LLC
185 South State St., 12th Floor
Salt Lake, Utah
TWENTIETH: City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.

TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.

This Section shall not be construed as an authorization for any Party to assign any right or obligation lN WITNESS WHEREOF, Landowner has affixed his name, address and seal Dated: f4 2019 By: WellQuest Menifee, LLC
Its [Vlanager
Steve Sandholtz
Manager
Dated

CITY OF TVENIFEE
ATTEST:
2019 CITY OF MENIFEE
By:
an G. Smith, ub ic Works Directori
Engineer
,u 1/'):V
Bill ZimnftSltfrir, lVlayo r
APP AS TO FORIV:

T. Me Attorney

SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY

AND EXECUTED IN TRIPLICATE
erk
Noturui r (t
,

CALTFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public ()r other ollicer completing this certificate verifies onl v the identity of thc individual rvho signcdthe docunlent [() w hich this certificatc IS attached, and not the truth lulnerss acc urac v 0r val idity of that dclcunrcnt.

State of Utah
County of Salt Lake
On March 25,2019, before me, Josi Rydin, Notary Public, personally appeared Steve Sandholtz, Manager of WellQuest Menifee, LLC, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of State of California rhat the foregoing paragraph is true and correct.

WITNESS nly hand official seal
StcNan-rRr
PLACE NoTARY SEAI- ABOVE
Public State of Utah
My Commissron Ex
tlot.ry
ptres on:
202rllovember 10,
)

FAITHFUL PERFORMANCE BOND
CIry OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 60499.1)
FOR: Streets / Drainage $ 488.50 .00 Plot Plan
Water System $ 46,500.00 Other Proj. Ref.

Bond No, 93105
17-042
tP18-042
Rec. Water System $ 00 32
Sewer System $ 159,000.00 premium $ 4,338.00
Total $ 723,000.00
Surety Fidelity and Deposit Compirny olMaryland Principal Wellquest Menifee, LLC AddfeSS 1299 ZurichWay, 5th Floor Address 185 State St.. 12th loor City/State Schaumburg, IL City/State Salt t Cify. Utah
zip ggflg 60196 zip 841I I
Phone 847-605-6ooo Phone (951) 757-257 1
WHEREAS, the City of Menifee, State of California, and Wellquest Menifee, LLC (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreement(s)whereby principal agrees to instalI and complete the above designated public improvements relating to PP2017 -042 I lP18-042, which agreement(s) is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the faithful performance of said agreement(s);
NOW, THEREFORE, we the principa I and Fidelity and Deposit Company of Marytand AS surety, are held and firmly bound unto the City of Menifee in the penal sum of Seven Hundred Twentv Three Thousand Five and no/100, Doilars, $ 00.00 lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bonded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Menifee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in fullforce and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 9t8^5
611 Y Os
/

MENIFEE
..t
\./
The. surety hereby stipulates and agrees that no change, extension of time, alteration oraddition to the terms of this agreement or to the work i" ,5g;;;;"j il;;" under or thespecifications accompanying the same shall in anywise affect its obligation on this bond, andit does hereby waive notice of any such chang", "*t.niion of time, alteration or addition.surety further stiputates and agrees that tne dr&isions or section 2g45 otthe civil code andcommencement of construction are not conditions precedent to surety's ooiigations hereunderand are hereby waived by surety. when the work covered by the agreement is complete, the city of Menifee will accept thework and thereupon, the amount of the obligation or tnis bond is d;;;J; y 91%with theremaining 10% held as security for the one-year maintenance period provided for in theagreements(s).

FAITHFUL PERFORMANCE BOND
lN WITNESS WHEREOF, tnis instrument has been duly executed by the principal and suretyabove named, 9p March2o 2019 NAME OF PRINCIPAL: welquest Menifee- I,LC
AUTHORTZED StcNATURE(S):

By:

Name
Title:

Wetl+tra
**ln
(tF coRPoRATtON, AFFTX SEAL)
NAME OF SURETY: Fidelity and Deposit of

AUTHORIZED SIGNATURE
Sheila J. Montoya Title
(tF coRPoRATtON, AFFTX SEAL)

ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEY.IN.FACT.

C-
Attorney-ln-Fact
9l8lt5
C,rTY oF
M
I
;/
,

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by DAVID MCVICKER, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Mona D. WEAVER, Anuj JAIN, Sheila J. MONTOYA, Charles M. MCDANIEL, Angela M. TINDOL, Janet M. ELWELL, Justin TOMLIN, Thomas F. MCCOY JR. and John BROWNING, all of Denver, Colorado, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalfas surety, and as its act and deed: any and all bonds and undertakings, and the execution ofsuch bonds or undertakings in pursuance ofthese presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as ifthey had been duly executed and acknowledged by the regularly elected officers ofthe ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.

The said Vice President does hereby certify that the extract set forth on the reverse side hereofis a true copy ofArticle V, Section 8, of the By-Laws of said Companies, and is now in force.

IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his4rer names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 23rd day of January,4.D.2019.

ATTEST:

ZURICH AMERICAN INSTIRANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
{.!
.,
r {. il,s., t' ,-*4 4F" L*-,,t.,
Ll c
B,t
Assistant Secretary
Dawn E. Brown
Vice President
David McVicker
State of Maryland
County of Baltimore
On this 23rd day of January, A.D. 2019, before the subscriber, a Notary Public of the State of Marytand, duly commissioned and qualified, DAVID MCVICKER, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer ofthe Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals ofsaid Companies, and that the said Corporate Seals and the signature as such officer were duly affrxed and subscribed to the said instrument by the authority and direction of the said Corporations.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.

C"-a.-r-'t {)*
Constarce A. Dunn, Notary Public
My Commission Expires: July 9, 2019
1eeo
POA-F 020-5028C
slliililx;,.

1.1i.+'1",!,,':
ti?N

EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attornevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of re voke any such appointment or authority at any time."

CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMEzuCAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby cerriry that the foregoing Power ofAttorney is still in full force and effect on the date ofthis certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in force.

This Power of Attomey and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the l5th day of December 1998.

RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the lOth day of May, 1990.

RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attomey issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 2Othday of llarch ,20L9 .
'Bruntll"tf.-
Brian M. Hodges, Vice President

TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO:

Zurich American Insurance Co
Attn: Surety Claims
1299 ZurichWay
Schaumburg, tL 601 96- I 056
10e0ttt

ACKNOWLEDGMENT
STATE OF Colorado
COUNTY OF Denver
On Mar h 20, 2ol9 , before me, Janet M. Elwell
Personally appeared Sheila J. Montoya
Who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hisiher/their sigtature(s) on the instrument the persons(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Signature
JANET M. ELWELL

NOTARY PUBLIC

STATE OF

NOTARY ID

MY COMMISSION

COLORADO
20094040416
EXPTRES 12111t2021
(Seal)

MATERIAL AND LABOR BOND

CITY OF MENIFEE, STATE OF CALIFORNIA
(Government Code Section 66499.1)
FOR: Streets / Drainage $ 224.250.00 Plot Plan PP2017-042 Water System $ 23,250.00 Other Proj . Ref. lP18-042
Rec. Water System $
Sewer System $
Total $ 361,500.00
Surety Fidetity and Deposit Company of Maryland
AddfeSs i:99 Zurich Way, 5th Floor
Bond No. 9310s34
Premium $z.ros.oo
Wellquest Menifee, LLC
185 South St.. 12th Floor
id Civil Code in the sum of Three Hundred
, Dollars, $ 361.500.00 for materials

14.500.00
79,500.00
Principal
Address
City/State sgtt t skc ciDr,ntsh
Z 60t96 zip 84il 1
Phone 847-6os-6ooo Phone (951) 757-2571
WHEREAS, the City of Menifee, State of California, and Wellquest Vlsnrl&a-LLll (hereinafter designated as "principal") have entered into, or are about to enter into, the attached agreement(s)whereby principal agrees to install and complete the above designated public improvements relating to PP2017-04211P18-042, which agreement(s) is/are hereby referred to and made a part hereof; and,
WHEREAS, under the terms of said agreement, principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Menifee to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California; NOW, THEREFORE, said principal and the undersigned, as corporate surety, are held firmly unto the City of Menifee and all contractors, subcontractors, laborers, material persons and other persons employed in the performance of sa
Sixtv One usand Five Hundred and no/100
furnished or labor thereon of any kind, or for amounts due under the Unemployment lnsurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed upon that this bond shall inure to the benefit of any and all persons, companies and corporations entitles to full claims underTitle 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void; othenruise, it shall be and remain in fullforce and effect. 9t$lt5
CtfY oF
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MENIFEE
City/St?te schaumuure, tI-

MATERIAL AND LABOR BOND
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of this agreement or to the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition. Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code are not a condition precedent to surety's obligations hereunder and are hereby waived by surety.
lN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, On March 20 2019
NAME OF PRINCIPAL: Wellquest Menifee, LLC
AUTHORTZED STGNATURE(S):
ame lLv;blc5*1
Title

F CORPORATION, AFFIX SEAL)
NAME OF SURETY: Fidetity and

AUTHORIZED SIGNATU
F Title
(tF coRPoRATlON, AFFIX SEAL)

ATTACH NOTARIAL ACKNOWLEDGMENT OF SIGNATURES OF PRINCIPAL AND ATTORNEYJN.FACT.

By:
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ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

POWER OF ATTORNEY
KNOW ALL MEN tsY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by DAVID MCVICKER, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Mona D. WEAVER, Anuj JAIN, Sheila J. MONTOYA, Charles M. MCDANIEL, Angela M. TINDOL, Janet M. ELWELL, Justin TOMLIN, Thomas F. MCCOY JR. and John BROWNING, all of Denver, Colorado, EACH its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalfas surety, and as its act and deed: any and all bonds and undertakings, and the execution ofsuch bonds or undertakings in pursuance ofthese presents, shall be as binding upon said Companies, as fully and amply,'to all intents and purposes, as ifthey had been duly executed and acknowledged by the regularly elected officers ofthe ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.

The said Vice President does hereby certify that the extract set forth on the reverse side hereofis a true copy ofArticle V, Section 8, of the By-Laws of said Companies, and is now in force.

IN WITNESS WHEREOF, the said Vice-President has hereunto subsuibed hislher names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, And FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 23rd day of January, A.D. 2019.

ATTEST:

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
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1 ,{ 4{/I /..' i^
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Assistant Secretary
Dawn E. Brown
Vice President
David McVicker
State of Maryland
County of Baltimore
On this 23rd day of January, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, DAVID MCVICKER, Vice President, and DAWN E. BROWN, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer ofthe Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals ofsaid Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction ofthe said Corporations.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. i:

Constance A. Dunn, Notary Public
My Commission Expires: Ju.ly 9,2019
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POA-F 020-s028C
EXTRAGT FROM BY-LAWS OF THE COMPAN]ES
"Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time."

CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attomey is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in force.

This Power of Attomey and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMEzuCAN INSURANCE COMPANY at a meeting duly called and held on the l5th day of December 1998.

RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be aflixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attomey and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the lOth day of May, I990.

RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attomey issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, thiszOthday of Dlarch 2019
'$m'r1
Brian M. Hodges, Vice President

TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO:

Zurich American Insurance Co
Attn: Surety Claims
1299 ZurichWay
Schaumburg, IL 60 I 96-l 056
te00

ACKNOWLEDGMENT
STATE OF Colorado
COUNTY OF Dcnver
On March 20. 2019 , before ffie, Janet M. Elwell
Personally appeared Sheila J. Montoya
Who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the persons(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

Signature
MY
(Seal)
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CITY OF MENIFEE
SUBJECT: Continuance of Introduction and First Reading of an Ordinance Amending Title 14, to include Chapter 14.02 – Public Street Excavation Moratorium
MEETING DATE: January 18, 2023
TO: Mayor and City Council
PREPARED BY: Kristen Jensen, Financial Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Continue the public hearing to introduce an ordinance amending Title 14 of the City of Menifee Municipal Code to include Chapter 14.02 - Public Street Excavation Moratorium implementing a public street excavation moratorium for all new, reconstructed, and resurfaced streets, to the regular meeting of the City Council on February 15, 2023.

DISCUSSION
On December 7, 2022, the City Council opened a public hearing to introduce an ordinance amending Title 14 of the City of Menifee municipal code to include Chapter 14.02 – Public Street Excavation Moratorium. Following initial discussion, and after receiving initial public comments regarding the proposed amendment, the City Council provided direction to continue the public hearing to January 18, 2023. This continuation was intended to provide staff additional time to revisit the proposed amendment and address concerns from local utility agencies related to the ordinance amendment language.

While staff was able to coordinate an initial meeting with the utility companies in late December, an additional follow-up meeting is needed to complete the discussions. Due to the holiday schedules of various agencies, a follow-up meeting was not able to be scheduled in time to provide final comments for this continued public hearing. Continuing the public hearing for a second time to February 15, 2023, would allow staff the time necessary to complete stakeholder discussions, address stakeholder concerns, and return a proposed amendment to City Council for consideration.

City of Menifee Staff Report
Continuance of Public Street Excavation Moratorium
January 18, 2023

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7 2

STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. Ordinance Draft

2. Original Public Hearing Notice

3. Notice of Continued Public Hearing
1 ORDINANCE NO. Insert No.

AN ORDINANCE OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING TITLE 14 OF THE MENIFEE MUNICIPAL CODE AND ADOPTING CHAPTER

14.02, ENTITLED “PUBLIC STREET EXCAVATION MORATORIUM”
WHEREAS, the City of Menifee invests significant financial resources annually in the preservation and maintenance of the City’s street network; and WHEREAS, the City’s streets also serve as utility easements for many franchise utility owners who regularly perform maintenance and construction as part of new development, their own Capital Improvement Project program to expand/upgrade or reconstruct their facilities and services, and for emergency reasons; and WHEREAS, trenching on newly paved streets not only damages the work completed but also negatively affects the City’s investment in pavement preservation; and WHEREAS, a utility cut damages an area of pavement larger than the actual area of excavation; and
WHEREAS, the City of Menifee seeks to prolong pavement integrity, minimize pavement degradation, maintain a smooth riding surface for all modes of transportation, limit negative visual impacts, and limit public traffic inconveniences; and WHEREAS, establishing a Street Excavation Moratorium will limit developers, utility companies, and City crews from damaging newly paved or resurfaced streets; and WHEREAS, the City Council desires to amend Title 14 of the Municipal Code to ensure the City is able to effectively plan and coordinate improvements to the City’s growing infrastructure.

NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as follows:

Section 1.The above recitals are true and correct and are incorporated herein.

Section 2.Chapter 14.02 entitled “Street Excavation Moratorium” is hereby added to Title 14 of the City of Menifee’s Municipal Code to read in its entirety as shown in Exhibit 1.

Section 3. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 4.Effective Date. This ordinance shall take effect 60 days from the date of its adoption.

Section 5.Notice of Adoption. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause to be published within fifteen (15) days after its passage Public Street Moratorium

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in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, cause this Ordinance to be published in a manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933(c).

This Ordinance was introduced and read on the ___ day of ___________, 2023 and APPROVED AND ADOPTED THIS _____ DAY of ________, ______. ___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Kay Vinson, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Public Street Moratorium

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EXHIBIT 1
Chapter 14.02
Public Street Excavation Moratorium
Sections:

14.02.010 Purpose

14.02.020 Definitions

14.02.030 Moratorium Period

14.02.040 City Waivers

14.02.050 Procedures

14.02.060 Permits

14.02.070 Excavation Liability

14.02.080 Pavement Degradation Fees

14.02.090 Enforcement and Penalties

14.02.010 Purpose
The purpose of the street excavation moratorium is to protect the City’s investment in its infrastructure, to preserve the longevity of streets, to provide an improved and safe driving surface, to reduce pavement degradation, and to extend the life and structure of the pavement.

To achieve the purpose of this Chapter, the City of Menifee shall endeavor to coordinate its Capital Improvement Programs with those of utility owners and franchises with facilities in, on, under, or above the public right-of-way. Information about any planned work in the public right- of-way shall be shared at the earliest possible time. Utility owners and franchises are encouraged to coordinate their street excavations so that all work is done simultaneously, and if possible, in coordination with planned City Capital Improvement Projects to ensure the street is not excavated more than once in a short period of time.

14.02.020 Definitions
Bona Fide Emergency. A genuine emergency where no other alternative to mitigation exists under the circumstances.

Chip Seal. Resurfacing application that consists of eight-inch aggregates and emulsion.

Complete. Construction has concluded and pending recordation of a Notice of Completion.

Excavation. Any opening in the paved surface or subsurface of the public right-of-way.

Excavation Influence Area. The area impacted by the excavation as determined by the City Engineer.

Public Street Moratorium

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Excavator. A person or party with approved permit or City waiver excavating in the public right- of-way.

Moratorium Street. A newly constructed street, reconstructed street, or portion thereof, completed in the preceding five-year period, or a resurfaced street or portion thereof, completed in the preceding three-year period.

Municipal Improvement Project. Construction or major repair of City buildings, infrastructure, and facilities such as streets, roads, highways, bridges, curbs, gutters, sidewalks, storm drains, traffic signals, streetlights, gas and water distribution facilities, and parks.

Notice of Completion. The City of Menifee City Council approved document recorded with the Riverside County Recorder’s office after project acceptance.

Overlay. One or more courses of asphalt construction on an existing pavement.

Public right-of-way. Public easements or public property that are or may be used for streets, alleys, or other public purpose.

Reconstructed. A street or streets in which involve removal and replacement of pavement surface.

Rehabilitation. A street or streets receiving repairs of existing pavement to reset the deterioration process.

Slurry Seal. A mixture of polymer modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives, properly proportioned, mixed, and spread in accordance with local requirements.

14.02.030 Moratorium Period
Permission to excavate on newly constructed or reconstructed streets and streets receiving overlay and treatments of one-inch thickness or greater, will not be granted for a period of five (5) years after completion. Enforcement of the moratorium shall be effective upon final pavement cap, and the timed moratorium period shall begin upon recordation of a Notice of Completion.

Permission to excavate on streets receiving a seal coat, such as a slurry seal or chip seal, will not be granted for a period of three (3) years after completion. Enforcement of the moratorium shall be effective upon final street seal, and the timed moratorium period shall begin upon recordation of a Notice of Completion.

Streets that are constructed or rehabilitated and have a Notice of Completion on file on or after the Effective Date of this ordinance shall be subject to all provisions under this chapter. Streets that were constructed or rehabilitated prior to the Effective Date of this ordinance will also be subject to all provisions of this chapter. The moratorium period of these streets, however, will become effective from the date of recordation of the Notice of Completion throughout the applicable duration stated under the guidelines of this chapter.

Public Street Moratorium

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14.02.040 City Waivers
The Director of Public Works/City Engineer, or their designee, shall grant a waiver to the prohibition of excavation on a Moratorium Street when one or more of the following conditions are present:

1. A Bona Fide Emergency exists that:
a) Endangers the public’s health and safety or property, and b) Requires an excavation in order to remediate the emergency.

2. New service to a specific location cannot be provided:
a) Either through existing conduit, where trenchless technology is impractical due to soil conditions, proximity of facilities or economically impractical, and b) The public utility demonstrates to the Director of Public Works/City Engineer’s satisfaction that the service cannot be provided from another location.

3. The installation or relocation of facilities by a non-government owned public utility is both required by the City, County, State or Federal Government and not required as a result of an underground utility district.

4. Only a non-linear excavation or exploratory excavation will be made.

5. Work is initiated by municipal improvement projects.

6. Where geological conditions prohibit boring.

7. Where there is a lack of working space for bore pits at each end of the street crossing bore.

8. An open trench is required to expose existing distribution facilities in street to terminate or establish service lines, or to provide emergency repair of existing underground facilities.

9. Existing facilities in the street conflict with the proposed bore.

10.Joint trench use is required and if within 200 feet of an open sewer or water trench, consideration will be given to an open trench.

11.Unusual circumstances are present, and the Director of Public Works/City Engineer finds that the public interest is best served by allowing such a cut.

To request a waiver, a written request must be submitted to the Director of Public Works/City Engineer. The request must include:

Public Street Moratorium

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1. The location of the excavation.

2. A description of the work to be performed.

3. Construction plans and other supporting documents as deemed appropriate by Public Works Director/City Engineer.

4. The reason(s) the work was not performed prior to street paving.

5. The reason(s) the work cannot be deferred until after the prohibition period.

6. The reason(s) the work cannot be performed at another location.

7. The reason(s) it is justified to excavate the Prohibition Street

14.02.050 Procedures
A. Excavation Procedures
Excavations with a City waiver approved in writing by the Public Works Director/City Engineer under section §14.02.040 are subject to the following:

1. Where the excavation is in the direction of traffic (longitudinal trenches Exhibit A):
a) The approved Excavator must resurface the entire length of the excavation area, the excavation influence area on each end of the excavation area, and the entire lane or lanes.
i. Extend T-cut to one foot beyond the trench limits and replace the existing asphalt thickness plus one inch (4” minimum)
ii. If the asphalt depth is four (4) inches or deeper, the Excavator must grind two (2) inches minimum and place a minimum of two (2) inches overlay over the entire lane or lanes that are impacted regardless of street classification. iii. If the existing asphalt depth is less than four (4) inches, the Excavator must grind the full depth of asphalt and replace asphalt in-kind of a minimum of two (2) inches over the entire lane or lanes that are impacted regardless of street classification.

2. Where the excavation is perpendicular to the direction of traffic (lateral trenches Exhibit B)
a) The approved Excavator must resurface the length of excavation from lane to lane, or for the length of the excavation plus the excavation influence area extending on each end of the excavation, whichever is less. This resurface includes the excavation area plus the excavation influence area on each side of the excavation.

Public Street Moratorium

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i. Extend T-cut to one foot beyond the trench limits and replace the existing asphalt thickness plus one inch (4” minimum)
ii. If the asphalt depth is four (4) inches or deeper the Excavator must grind two (2) inches minimum. The Excavator must also place two (2) inch overlay to twenty-five (25) feet beyond each side of the trench and over the entire lane or lanes that is impacted regardless of street classification. Or as directed by the City Engineer in cases involving intersections.

iii. If the existing asphalt depth is less than four (4) inches, the Excavator must grind the full depth of the asphalt and replace asphalt in-kind of a minimum of two (2) inches over the entire lane or lanes (curb to curb or curb to median curb) that are impacted regardless of street classification. The Excavator must also place two (2) inch overlay to twenty-five (25) feet beyond each side of the trench and over the entire lane or lanes that is impacted regardless of street classification. Or as directed by the City Engineer in cases involving intersections.

3. All excavations must utilize the most current City Standard Drawings with the modifications required under this section for moratorium streets as depicted in Exhibit “C” and in a manner approved by the City Engineer.

4. Excavation of streets not under the Street Moratorium classification under this chapter are subject to the standards set forth in the most current City Standard Drawings.

B. Coordination of Excavation Procedures
Public utilities shall coordinate planned infrastructure projects to minimize damage to the City’s Street network caused by multiple excavations in the same area, by providing the City with a two (2) year plan for work anticipated in the public right-of-way.

On April 1, or on the first business day immediately thereafter, of each year, any public utility with anticipated work in the City shall prepare and submit to the City a plan that shows all major work anticipated to be done in the public right-of-way in the following twenty-four (24) months.

Any public utility that does not propose major work is anticipated shall submit a statement that no such major work is anticipated and shall immediately report any major work to the City as soon as it becomes foreseeable.

14.02.060 Permits
Any person needing to excavate on public right-of-way requires an encroachment permit pursuant to Ordinance 499 and shall be responsible for the full cost of plan preparation, plan review, construction inspection, material testing, bonding, and any other associated expenses relating to the work.

Public Street Moratorium

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14.02.070 Excavation Liability
The Excavator is responsible for the quality of the excavation performed in the public right-of- way and liable for the consequences of any conditions of such excavation and any facilities installed in the public-right-of-way. The issuance of any permit, inspection, repair or suggestion, approval, or acquiescence of any City Official shall not excuse any Excavator, or agent thereof, from such responsibility or liability.

14.020.080 Pavement Degradation Fees
All excavations approved by the Public Works Director/City Engineer during the Moratorium Period of a street shall be subject to a Pavement Degradation Fee. The Pavement Degradation Fee recovers the increased repaving and reconstruction costs incurred by the City that are reasonably attributable to the impact of the excavation to the public right-of-way.

The Pavement Degradation Fee shall not exceed an amount reasonably necessary to recover the estimated costs, including all administration, investigation, inspection, monitoring, reconstruction, slurry seal, and resurfacing necessary to fully mitigate the damage and degradation caused by the excavation.

Each Excavator shall pay to the City a Pavement Degradation Fee in addition to the fee required by the encroachment permit or other administrative fees under this Title. The fee shall be established by resolution of the Menifee City Council.

14.02.090 Enforcement and Penalties
Violation under this chapter can result in enforcement and corrective actions by the City of Menifee which may result in fines in an amount set forth in a schedule adopted by resolution of the City Council. Fines incurred for violations under this chapter shall be subject to the requirements set forth in Title 1 Chapter 1.03 of the City of Menifee Municipal Code.

Types of Violations

1. Performing work without a permit.

2. Performing operations that are not included in the approved permit.

3. Failure to comply with permit requirements.

4. Failure to comply with requirements set forth under this chapter.

In addition to any penalties assessed for violation of this chapter, any person in violation must remedy any damage caused to the public right-of-way, all costs incurred for repairs are the sole responsibility of the violator of this chapter. Persons in violation of this chapter shall make repairs and restorations in the manner, and within the time period, specified by the Director of Public Works/City Engineer or their designee.

Public Street Moratorium
Exhibits
9 Public Street Moratorium
Exhibits
10 Public Street Moratorium
Exhibits
11 NOTICE OF PUBLIC HEARING

TIME OF HEARING: 6:00 p.m. or as soon as possible thereafter.

DATE OF HEARING: December 7, 2022
PLACE OF HEARING: MENIFEE CITY COUNCIL CHAMBERS
29844 HAUN ROAD
MENIFEE, CA 92586

NOTICE IS HERE BY GIVEN that A PUBLIC HEARING has been scheduled, pursuant to the Menifee Municipal Code, before the CITY OF MENIFEE CITY COUNCIL to introduce an ordinance amending Title 14 of the City of Menifee Municipal code to include Chapter 14.02 entitled “Public Street Exc avation Moratorium” implementing a public street excavation moratorium for all newly reconstructed and resurfaced streets.

Project Title: Public Street Excavation Moratorium

Project Location: The Public Street Excavation Moratorium would be applicable citywide to all areas within the City of Menifee, County of Riverside, State of California.

The City Council will consider the following at a public hearing: Annually, the City invests significant resources towards the maintenance and reconstruction of public infrastructure as part of its annual Capital Improvement Program. Improvement projects consisting of roadway resurfacing or reconstruction are implemented to prolong the life of local streets and roads in an effort to enhance the quality of life for residents and visitors of the City. In an effort to proactively coordinate City improvements with external agency improvements, the City will require all public utilities to provide , at minimum, a two year plan outlining all planned work within the City. This enables all necessary excavations to occur prior to any planned City improvements to minimize and eliminate the possibility of excavations following completion of a City initiated project. In the event an excavation is necessary, the entity requesting to excavate on a street, or streets, under moratorium must receive approval from the Public Works Director, or designee. If approved, excavation would be conducted in accordance with the procedures outlined in the proposed public street excavation moratorium and in a manner acceptable to the Public Works Director or designee. Any approved excavations would also be subject to pavement degradation fees and encroachment permit fees . Implementation of a street moratorium would require an amendment under Title 14, Streets and Sidewalks, of the Menifee Municipal Code to establish chapter 14.02 entitled “Public Street Excavation Moratorium.” This is the required first reading of the ordinance.

Any person wishing to comment on the proposal may do so in writing between the date of this notice and the public hearing or may appear and be heard at the time and place noted above. All comments must be received prior to the time of public hearing. All such comments will be submitted to the City Council, and the City Council will consider such comments, in addition to any oral test imony, before making a decision on the proposed application.

For further information regarding this proposal, please e- mail Nicolas Fidler , Public Works Director at [email protected] or call (95 1) 723 -3703 or go to the City of Menifee’s agenda web page at http://www.cityofmenifee.us.

Please send all written correspondence to:

CITY OF MENIFEE PUBLIC WORKS DEPARTMENT
Attn: Nicolas Fidler
29844 Haun Road
Menifee, CA 92586

NOTICE OF CONTINUED PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following City Council Agenda Item has been continued to 6:00 p.m. or as soon thereafter, on January 18, 2023, in the Council Chambers at Menifee City Hall, 29844 Haun Road, Menifee, CA.

11.1 Introduction and First Reading of an Ordinance Amending Title 14 to include Chapter 14.02 – Public Street Excavation Moratorium Recommended Action:

1. Introduce an ordinance amending Title 14 of the City of Menifee Municipal code to include Chapter 14.02 entitled “Public Street Excavation Moratorium” implementing a public street excavation moratorium for all newly reconstructed and resurfaced streets.

Posted: December 8, 2022
_____________________________________
City Clerk Department

CITY OF MENIFEE
SUBJECT: General Plan Amendment and Change of Zone to Expand the Economic Development Corridor – Community Core
(EDC-CC) to Scott Road and Update the Business Park
Land Use Designation
MEETING DATE: January 18, 2023
TO: Mayor and City Council
PREPARED BY: Orlando Hernandez, Planning Manager
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a resolution adopting an Addendum to the City’s General Plan Final Environmental Impact Report (EIR) (SCH No. 2012071033) and Housing Element Update EIR and direct staff to file a Notice of Determination; and

2. Adopt a resolution approving General Plan Amendment No. PLN21-0404; and

3. Introduce an ordinance approving Change of Zone No. PLN21-0405

DISCUSSION
Background
At a City Council meeting on December 15, 2021, staff presented a discussion item identifying the approach staff would take to develop Good Neighbor Policies, amend the Economic Development Corridors to prohibit warehouse/distribution, as well as updating the land use Business Park definition.

On March 2, 2022, the City Council approved Ordinance 2022-337 amending Menifee’s Municipal Code Title 9 regarding updating definitions and permitted uses in the Economic Development Corridor McCall and Southern Gateway Subareas. More specifically, warehouse and distribution were removed as a permitted use in both districts.

The proposed project is to complete the work effort directed by Council on December 15, 2021.

Staff proposes a General Plan Amendment (GPA) (PLN 21-0404) and Change of Zone (COZ) (PLN 21-0405) in the southern portion of Menifee. The GPA would expand the existing Economic Development Corridor Community Core (EDC-CC) in the southern portion of Menifee from Garbani Road to Scott Road and update the definition of the Business Park (BP) land use designation. The COZ would facilitate the application of EDC-CC in the southern portion of

City of Menifee City Council
EDC-CC Amendment - GPA No. 21-0404 and COZ No. 21-0405.

January 18, 2023

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Menifee from Garbani Road to Scott Road by rezoning specific parcels from Economic Development Corridor – Southern Gateway (EDC-SG) to EDC-CC to be consistent with the proposed General Plan land use designation for the subject parcels.

The EDC-CC Project area comprises 28 parcels on 533.87 acres of land. The majority of the Project site is vacant and undeveloped with the exception of a few developments. As a result of the Community Core District Expansion, the District will increase from 356 acres to 889 acres and the Southern Gateway district will decrease from 832 acres to 299 acres.

In order to be consistent with Council’s direction, there is a need to update the BP land use designation. The existing and proposed language is as follows:
○Existing BP Land Use Designation Definition: Industrial and related uses including warehousing/distribution, assembly, and light manufacturing, repair facilities, and business parks, including corporate offices. Employee-intensive uses, including research and development, technology centers, “clean” industry, and supporting hotel and ancillary retail uses are also permitted.
○Proposed BP Land Use Designation Definition: Industrial and related uses including assembly and light manufacturing, repair facilities, and business parks, including corporate offices. Employee-intensive uses, including research and development, technology centers, “clean” industry, and supporting hotel and ancillary retail uses are also permitted.

The prohibition of warehousing/distribution centers apply to 356 acres of property designated Business Park that is generally located on the northeast section of the City.

Business Park Zone Areas

City of Menifee City Council
EDC-CC Amendment - GPA No. 21-0404 and COZ No. 21-0405.

January 18, 2023

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Allowable uses in the Business Park zoning district need to be updated in order to be consistent with the new land use definition. Table 9.135.030-1 is modified as follows:

Planning Commission Recommendation
At the November 9, 2022, Planning Commission meeting, the Planning Commission voted 5 to 0 to adopt Resolution No. 22-575 recommending the City Council adopt an addendum to the City’s General Plan Environmental Impact Report (EIR) and Housing Element Update EIR, adopt a resolution approving GPA No. 21-0404 and adopt an ordinance approving COZ No. 21-0405. The recommendation included allowing handcraft and light manufacturing as a permitted use and guns and ammo sales as a conditionally permitted use in the EDC-CC. For the most part, staff received general questions about the changes with no one in opposition to the changes. A letter was received from Stephen J. Manfredi, owner of All Star Super Storage, attached to this Staff Report.

The Planning Commission recommendation included changes to the permitted uses in the EDC- CC as follows:

Table 9.140.030-1 Economic Development Corridors Zones Allowed Uses and Approval Requirements Allowed Use Additional
Requirements
Guns and ammunition store C -- -- C C C
Manufacturing, Handcraft P C C P C P
Manufacturing, Light-Intensity P C C P C P
Project Description
GPA No. 21-0404 is to expand the existing Economic Development Corridor - Community Core (EDC-CC) in the southern portion of Menifee from Garbani Road to Scott Road and update the definition of the Business Park (BP) land use designation.

COZ No. 21-0405 would do the following: 1) change the zoning to be consistent with the proposed GPA from Economic Development Corridor – Southern Gateway (EDC-SG) to EDC-CC for the subject parcels; 2) amend the Business Park land use definition (Section 9.135.020 – Description and Intent of Zone); and, 3) amend Table 9.135.030-1 of the development code by prohibiting general warehousing/distribution centers from the Business Park Zone.

Outreach
As part of the EDC land use amendment process, staff has completed the following community outreach:

City of Menifee City Council
EDC-CC Amendment - GPA No. 21-0404 and COZ No. 21-0405.

January 18, 2023

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1. The proposed changes were discussed at a Design Review Committee meeting where staff from all City departments provided comments.

2. The proposed changes were discussed at a Developer Stakeholder meeting in July 2022.

3. A letter was sent out to all affected property owners specifying the proposed boundary changes in October 2022.

4. Staff met with individual property owners that requested additional clarification on the changes.

Environmental Information
The City is the lead agency under the California Environmental Quality Act (CEQA). The City certified the General Plan EIR (State Clearinghouse No. 2012071033) by Resolution No. 13-347 on December 18, 2013, and certified the Housing Element Update EIR by Resolution No. 21- 1111 on December 15, 2021, in compliance with CEQA. Following review of the proposed project, the City, as the Lead Agency, determined it is subject to CEQA Guidelines and regulations. The City has prepared this Addendum to the General Plan EIR and Housing Element update EIR to analyze the potential impacts associated with the proposed project (GPA and COZ) and satisfy the requirements of CEQA Guidelines Section 15164, Addendum to an EIR or Negative Declaration.

The proposed project does not require revisions to the General Plan EIR and Housing Element update EIR and no new significant environmental effect or substantial increase in the severity of previously identified significant effects would occur with implementation of the proposed project.

The proposed project would not satisfy any of the conditions that warrant preparation of a Subsequent EIR.

As outlined in the Addendum analysis, all impacts of the proposed project were fully examined and mitigated to the extent discussed in this Addendum to the EIRs, and the proposed project does not require substantial changes to the prior-certified General Plan EIR and the Housing Element update EIR, or previously adopted mitigation measures. Therefore, the preparation of an Addendum to the existing certified EIRs is the appropriate CEQA document to support the City’s consideration of the proposed project, as outlined in CEQA Guidelines Sections 15162 and 15164.

The Addendum, as well as all its technical appendices, can be accessed for review on the City website: https://www.cityofmenifee.us/325/Environmental-Notices-Documents.

Public Notice
Public notices distributed on January 6, 2023, for the January 18, 2023, City Council hearing.

Notices were published in a newspaper of general circulation (The Press Enterprise, Daily Bulletin and The Sun) and notices were sent to owners within 300 feet of the Project site boundaries and to all relevant agencies and interested parties.

STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community
City of Menifee City Council
EDC-CC Amendment - GPA No. 21-0404 and COZ No. 21-0405.

January 18, 2023

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

ATTACHMENTS

1. Resolution – Addendum EIR

2. Exhibit A - Addendum CEQA

3. Resolution – GPA PLN21-0404

4. Exhibit A - GPA PLN21-0404 Resolution

5. Ordinance – COZ

6. Exhibit COZ Ordinance

7. Public Hearing Notice

8. Correspondence Received
RESOLUTION NO. 23-______

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

CALIFORNIA ADOPTING AN ADDENDUM TO THE FINAL
ENVIRONMENTAL IMPACT REPORTS CERTIFIED FOR THE CITY’S

GENERAL PLAN AND HOUSING ELEMENT AND DETERMINE THAT

THERE ARE NO NEW ADDITIONAL IMPACTS ASSOCIATED WITH

THE PROJECT
WHEREAS, on December 10, 2021, the City of Menifee created an application for General Plan Amendment PLN 21-0404 and Change of Zone (COZ) No. PLN 21- 0405 to: 1) amend the General Plan Land Use Map for 533.9 acres of land (28 parcels) from EDC-SG to EDC-CC land use designation in the southern portion of Menifee; 2) amend Exhibit LU-3 (Land Use Designations) of the general plan; 3) amend Exhibit LU-4 (Land Use Buildout Summary) of the general plan; 4) amend the Land Use Background Document and Definitions; 5) amend the Economic Development Corridor subareas; 6) change the zoning map on 533.9 acres to be consistent with the new General Plan Land Use; 7) update the definition of the Business Park (BP) land use designation; and 8) change the Permitted Use Table for the BP zoning district. The definition of the BP land use designation would be revised to remove warehouse/distribution uses as permitted uses within BP-designated land in Menifee; and,
WHEREAS, this Addendum has been prepared in accordance with the provisions of the California Environmental Quality Act (CEQA) (California Public Resources Code Sections 21000 et seq.); the State CEQA Guidelines (Title 14, California Code of Regulations [CCR] Sections 15000 et seq.); and the rules, regulations, and procedures for implementing CEQA as set forth by the City of Menifee and it is referenced as Exhibit “A” to this resolution; and WHEREAS, Section 15164(a) of the State CEQA Guidelines states that “the lead agency for a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary, but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred”; and WHEREAS, on November 9, 2022, the Planning Commission held a duly noticed public hearing on the modification, considered all public testimony as well as all materials in the staff report and accompanying documents for GPA PLN 21-0404 and COZ No. PLN 21-0405, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 300 feet of the modification’s boundaries, and to persons requesting public notice; and
WHEREAS, the Planning Commission considered the requirements of the CEQA (Public Resources Code Section 21000 et. seq.) with regard to the possible impacts that proposed GPA PLN 21-0404 and COZ No. PLN 21-0405 may have upon the environment; and
WHEREAS, on January 18, 2023, 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 Project, including the consideration of the Addendum, which hearing was publicly noticed by The Press Enterprise, Daily Bulletin and The Sun, newspapers of general circulation, an agenda posting, and notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice; and
WHEREAS, the City Council of the City of Menifee has read and considered all environmental documentation included in the Addendum, and has found that the Addendum is complete and adequate, and fully complies with all requirements of CEQA; and
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 Addendum, and incorporated herein by this reference.

Section 2: Final Project EIR. For purposes of this Resolution, this Addendum to the General Plan and Housing Element Update has been prepared in accordance with the provisions of the State CEQA Guidelines to document the finding that none of the conditions or circumstances that would require preparation of a subsequent Environmental Impact Report (EIR) (pursuant to Section 15162 and 15164 of the State CEQA Guidelines) exist in connection with the City of Menifee General Plan Amendment and Change of Zone Addendum Project (Project). No major revisions would be required to the General Plan Final Environmental Impact Report (GP EIR) and the Housing Element Update Final Environmental Impact Report (HEU EIR) as a result of the proposed Project. No new significant environmental impacts have been identified. Since the certification of the GP EIR and the HEU EIR; there has been no new information showing that mitigation measures or alternatives once considered infeasible are now feasible, nor showing that there are new feasible mitigation measures or alternatives substantially different from those analyzed in the EIRs that the City of Menifee adopted.

Therefore, the preparation of a subsequent EIR is not required, and the appropriate CEQA document for the proposed Project is this Addendum to the GP EIR and the HEU EIR. No additional environmental analysis or review is required for the proposed Project Section 3: Location and Custodian of Record of Proceedings. The Community Development Department of the City of Menifee, located at 29844 Haun Road, Menifee, CA 92586, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the 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 18th day of January 2023. _________________________
Bill Zimmerman, Mayor
Attest:
___________________________
A Kay Vinson, Acting City Clerk
Approved as to form:
______________________________
Jeffrey T. Melching, City Attorney
October 2022

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GENERAL PLAN AMENDMENT AND CHANGE OF ZONE PROJECT

MENIFEE, RIVERSIDE COUNTY, CALIFORNIA
Prepared for:

City of Menifee
Community Development
29844 Haun Road
Menifee, California 92586
Contact: Orlando Hernandez, Planning Manager
Prepared by:

LSA Associates, Inc.
1500 Iowa Avenue, Suite 200
Riverside, California 92507
(951) 781-9310
LSA Project No. CIM2203

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TABLE OF CONTENTS

1.0 INTRODUCTION AND PURPOSE OF THE ADDENDUM..........................................1-1

1.1 Introduction ......................................................................................................................1-1

1.2 Menifee General Plan Component ...................................................................................1-3

2.0 PROJECT DESCRIPTION.......................................................................................2-1

2.1 Introduction ......................................................................................................................2-1

2.2 Project Location ................................................................................................................2-2

2.3 Existing Setting..................................................................................................................2-3

2.4 Project Components .........................................................................................................2-4

2.5 Project Approvals..............................................................................................................2-5

3.0 APPROVED PROJECT AND PROPOSED PROJECT IMPACT SUMMARY...................3-1

3.1 ENVIRONMENTAL ANALYSIS CHECKLIST ...........................................................................3-9

3.2 DETERMINATION (TO BE COMPLETED BY THE LEAD AGENCY) .........................................3-9

4.0 MENIFEE GENERAL PLAN AMENDMENT/ZONE CHANGE PROJECT
ENVIRONMENTAL IMPACT ANALYSIS AND PROJECT APPROVALS.......................4-1

4.1 AESTHETICS .......................................................................................................................4-2

4.2 AGRICULTURAL AND FORESTRY RESOURCES..................................................................4-10

4.3 AIR QUALITY....................................................................................................................4-18

4.4 BIOLOGICAL RESOURCES.................................................................................................4-33

4.5 CULTURAL RESOURCES ...................................................................................................4-49

4.6 ENERGY ...........................................................................................................................4-57

4.7 GEOLOGY AND SOILS ......................................................................................................4-60

4.8 GREENHOUSE GAS EMISSIONS AND CLIMATE CHANGE .................................................4-71

4.9 HAZARDS AND HAZARDOUS MATERIALS ........................................................................4-76

4.10 HYDROLOGY AND WATER QUALITY ................................................................................4-89

4.11 LAND USE AND PLANNING............................................................................................4-102

4.12 MINERAL RESOURCES ...................................................................................................4-107

4.13 NOISE ............................................................................................................................4-110

4.14 POPULATION AND HOUSING ........................................................................................4-116

4.15 PUBLIC SERVICES AND FACILITIES .................................................................................4-123

4.16 RECREATION .................................................................................................................4-135

4.17 TRANSPORTATION ........................................................................................................4-138

4.18 TRIBAL CULTURAL RESOURCES .....................................................................................4-148

4.19 UTILITIES AND SERVICE SYSTEMS..................................................................................4-152

4.20 WILDFIRE.......................................................................................................................4-161

5.0 DETERMINATION OF APPROPRIATE CEQA DOCUMENTATION............................5-1

6.0 REFERENCES ......................................................................................................6-1

7.0 MITIGATION MONITORING AND REPORTING PROGRAM ...................................7-1

7.1 INTRODUCTION.................................................................................................................7-1

7.2 MITIGATION MONITORING AND RESPONSIBILITIES .........................................................7-1

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FIGURES
Figure 1: Regional Project Location.....................................................................................................2-7 Figure 2: Project Boundary..................................................................................................................2-9 Figure 3: Existing and Proposed Land Use and Zoning......................................................................2-11 TABLES
Table 1.A: Future General Plan Buildout Projections..........................................................................1-4 Table 2.A: Mix of Land Use for Subareas in the EDC........................................................................... 2-1 Table 2.B: Acreages for Existing and Proposed Mix of Land Uses.......................................................2-2 Table 2.C: Development Potential for Existing and Proposed Mix of Land Uses ................................2-2 Table 2.D: Office Market Comparison (South Riverside County Cities) ..............................................2-4 Table 3.A: Approved Project and Proposed Project Impact Conclusion Summary .............................3-1 Table 4.A: Long-Term Regional Operational Emissions – EDC-SG (Existing) .....................................4-21 Table 4.B: Long-Term Regional Operational Emissions – Proposed Project Land Uses ....................4-21 Table 4.8.A: Mobile Source Greenhouse Gas Emissions - Approved Uses........................................4-73 Table 4.8.B: Mobile Source Greenhouse Gas Emissions – Proposed Uses........................................4-73 Table 7.A: Mitigation Monitoring Reporting Program for the Menifee General Plan Land Use/Zone Change Addendum Project........................................................................................7-3

APPENDICES
A: AIR QUALITY/GHG MEMORANDUM
B: TRIP GENERATION ANALYSIS AND VEHICLE MILES TRAVELED ANALYSIS MEMORANDUM

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LIST OF ABBREVIATIONS AND ACRONYMS
μg/m3 micrograms per cubic meter
AB Assembly Bill
Approved Project Menifee General Plan and the 2021–2029 Housing Element Update AQ/GHG Air Quality and Greenhouse Gas Emissions Analysis for the Menifee BMP best management practice
BP Business Park
CALGreen California Green Building Standards Code
CBC California Building Code
CCR California Code of Regulations
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
CERCLA Comprehensive Environmental Response, Compensation and Liability Act City City of Menifee
CNEL Community Noise Equivalent Level
CO carbon monoxide
COZ Change of Zone
dB decibel(s)
DBESP Determination of Biologically Equivalent or Superior Preservation DTSC California Department of Toxic Substances Control
EDC-CC Economic Development Corridor Community Core
EDC-SG Economic Development Corridor – Southern Gateway EIR Environmental Impact Report
EMWD Eastern Municipal Water District
EOP Riverside County Operational Area Emergency Operations Plan FAR floor area ration
FEMA Federal Emergency Management Agency
GHG greenhouse gas
GP EIR General Plan Final Environmental Impact Report
GPA City of Menifee General Plan Amendment
HCD Department of Housing and Community Development
HDR High Density Residential

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HEU Housing Element Update 2021–2029
HEU EIR Housing Element Update Final Program Environmental Impact Report HRA health risk assessment
I-215 Interstate 215
lbs pounds
LHMP Menifee Local Hazard Mitigation Plan
LID Low Impact Development
LOMC Letter of Map Change
LOMR Letter of Map Revision
LOS level of service
LRA Local Responsibility Area
MBTA Migratory Bird Treaty Act
Memorandum General Plan Amendment
MERV minimum efficiency reporting value
mgd million gallons per day
MMRP Mitigation Monitoring and Reporting Program
MRZ Mineral Resources Zones
MUSD Menifee Union School District
NEV neighborhood electric vehicle
NOX nitrogen oxides
NPDES National Pollution Discharge Elimination System
O3 ozone
PM10 particulate matter equal to or less than 10 microns in diameter PM2.5 particulate matter equal to or less than 2.5 microns in diameter PRC California Public Resources Code
project City of Menifee General Plan Amendment and Change of Zone Addendum Project
RCALUC Riverside County Airport Land Use Commission
RCIP Riverside County Integrated Plan
RCIP Riverside County Integrated Plan
RCRA Resource Conservation and Recovery Act
RHNA Regional Housing Needs Assessment
ROG reactive organic gases

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RHNA Allocation Plan 6th Cycle RHNA Allocation Plan
RTP/SCS 2012–2035 SCAG Regional Transportation Plan/Sustainable Communities Strategy
RWQCB Regional Water Quality Control Board
SCAG Southern California Association of Governments
SCAQMD South Coast Air Quality Management District
sf square foot/feet
SKR HCP Stephens’ Kangaroo Rat Habitat Conservation Plan SO2 sulfur dioxide
SOX sulfur oxides
SR- State Route
SRA State Responsibility Area
SWPPP Stormwater Pollution Prevention Plan
T-BACT Best Available Control Technologies for Toxics
Traffic Analysis Menifee Code Amendment Project Trip Generation Analysis and Vehicle Miles Traveled Analysis Memorandum
USACE United States Army Corps of Engineers
USFWS United States Fish and Wildlife Service
VHFHSZ Very High Fire Hazard Severity Zone
VMT vehicle miles traveled
VOC volatile organic compound
Williamson Act California Land Conservation Act
WQMP Water Quality Management Plan

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1.0 INTRODUCTION AND PURPOSE OF THE ADDENDUM

1.1 INTRODUCTION
This Addendum has been prepared in accordance with the provisions of the California Environmental Quality Act (CEQA) (California Public Resources Code Sections 21000 et seq.); the State CEQA Guidelines (Title 14, California Code of Regulations [CCR] Sections 15000 et seq.); and the rules, regulations, and procedures for implementing CEQA as set forth by the City of Menifee (City).

Section 15164(a) of the State CEQA Guidelines states that “the lead agency for a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary, but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.” Pursuant to Section 15162(a) of the State CEQA Guidelines, a subsequent Environmental Impact Report (EIR) or Negative Declaration is only required when:

1. Substantial changes are proposed in the Project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

2. Substantial changes occur with respect to the circumstances under which the Project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:
a. The Project will have one or more significant effects not discussed in the previous EIR or negative declaration;
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would, in fact, be feasible and would substantially reduce one or more significant effects of the Project, but the Project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the Project proponents decline to adopt the mitigation measure or alternative.

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The City is the lead agency under CEQA. In 2013, the City certified the City of Menifee General Plan Final Environmental Impact Report (GP EIR)1 for its General Plan in compliance with CEQA and the State CEQA Guidelines under Resolution No. 13-347. In 2021, the City certified the Housing Element Update Final Program Environmental Impact Report (HEU EIR)2 for the 2021–2029 Housing Element Update (HEU), in compliance with CEQA and the State CEQA Guidelines.

The adopted Menifee General Plan and 2021–2029 Housing Element Update are herein referred to as components of the “Approved Project.” By providing the necessary regulatory and design guidance, the Menifee GP EIR and the Menifee HEU EIR ensure that future development of parcels within Menifee implements the goals and policies of the City of Menifee’s General Plan.

The proposed City of Menifee General Plan Amendment (GPA) and Change of Zone (COZ) Project (herein referred to as the “Project,” or “proposed Project”) is a City initiative to expand the existing Economic Development Corridor Community Core (EDC-CC) in the southern portion of Menifee from Garbani Road to Scott Road and update the definition of the Business Park (BP) land use designation. The COZ would facilitate the application of the expanded EDC-CC to ensure consistency with the proposed General Plan land use designation for the subject parcels. The Project does not include any proposed physical development. Only changes to the General Plan and Municipal Code text and maps to update the land use designations would take place. See Section 2.0, Project Description, for a detailed description of the proposed project.

The purpose of this Addendum is to analyze any potential differences between the impacts identified in the Approved Project (Menifee General Plan and the 2021–2029 Housing Element Update) for the City’s General Plan and those that would be associated with the proposed Project (GPA and COZ). Pursuant to provisions of CEQA and State CEQA Guidelines, the City is the Lead Agency charged with the responsibility of deciding whether to approve implementation of the proposed Project. As part of its decision-making process, the City is required to review and consider whether the proposed Project would create new significant impacts or significant impacts that would be substantially more severe than those of the Approved Project, as disclosed in the GP EIR and HEU EIR. Additional CEQA review beyond this Addendum would be required only if the proposed Project created new significant impacts or impacts that are more severe than those of the Approved Project as disclosed in the HEU EIR and the GP EIR. To use an Addendum as the appropriate CEQA document for the proposed Project, the City must find that major revisions to the Final EIR are not necessary and that none of the conditions described in State CEQA Guidelines Section 15162 requiring preparation of additional CEQA documentation have occurred.

As detailed herein, the proposed Project would result in no new significant impacts that were not analyzed for the Approved Project in the GP EIR and HEU EIR, nor would the proposed Project cause 1 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. September. Website:
https://www.cityofmenifee.us/262/Environmental-Impact-Report (accessed June 10, 2022). 2 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.1-10. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=. (accessed June 10, 2022).

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a substantial increase in the severity of any previously identified environmental impacts. The potential impacts associated with the proposed Project would be either the same or less than those of the Approved Project, as described in the Menifee GP EIR. In addition, there are no substantial changes to the circumstances under which the proposed Project would be undertaken that would result in new or more severe environmental impacts than previously addressed for the Approved Project in the GP EIR and HEU EIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, in accordance with Section 15164 of the State CEQA Guidelines, this Addendum to the previously certified GP EIR and HEU EIR is the appropriate environmental documentation for the proposed Project. In taking action on any of the project approvals, the decision-making body must consider the whole of the data presented in the Final EIR and the previously adopted Mitigation Monitoring and Reporting Program.

1.2 MENIFEE GENERAL PLAN
The City certified the GP EIR (State Clearinghouse No. 2012071033) by Resolution No. 13-347 on December 18, 2013. Since then, the General Plan has been amended three times. The First Addendum to the General Plan EIR was certified under Resolution No. 14-353 on February 5, 2014 to address minor changes to the General Plan that resulted from adoption of the Housing Element covering a period from October 15, 2013 to October 15, 2021 pursuant to the 5th Cycle of the Regional Housing Needs Assessment (RHNA).3 The Second Addendum to the General Plan EIR was certified under Resolution No. 20-874 on March 18, 2020 to amend the General Plan Land Use Element to add Policy No. LU-11 allowing single-family residential dwellings on non-conforming parcels with Residential land use designations. Additionally, the Second Addendum resulted in land use map amendments and zone changes for two parcels (Assessor Parcel Numbers [APNs] 33-090- 004 and 360-280-014) respectively from Rural Mountainous to 8.1-14 du/ac (Medium Density Residential) and from Public Facilities/Quasi-Public Facilities to Rural Residential – 1 Acre Min.4 Finally, the Third Addendum to the General Plan EIR was certified under Resolution No. 20-901 on May 20, 2020 to evaluate environmental effects from changes to the General Plan Circulation Element related to the deletion of Wickerd Road westerly from Haleblian Road to Antelope Road in the 2005 Cantalena Specific Plan area.5
3 The Planning Center and DC&E. 2014. Addendum to the Environmental Impact Report for Menifee General Plan. SCH NO. 2012071033. January. Website:
https://www.cityofmenifee.us/DocumentCenter/View/10781/1st-Addendum-for-Website (accessed October 15, 2022).
4 City of Menifee. 2020. Second Addendum to the City of Menifee General Plan Certified Final Environmental Impact Report (SCH NO. 2012071033). General Plan Amendment No. PLN 19-0014 and Change of Zone No. PLN19-0092. p. 6 and 7. March. Website:
https://www.cityofmenifee.us/DocumentCenter/View/10784/2nd-Addendum (accessed October 15, 2022).
5 City of Menifee. 2020. Addendum to the City of Menifee’s General Plan Environmental Impact Report, City of Menifee, Riverside County, California, State Clearinghouse Number 2012071033. p. 1. May. Website:
https://www.cityofmenifee.us/DocumentCenter/View/10783/3rd-Addendum (accessed October 15, 2022).

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None of the prior Addendums to the GP EIR apply to the area of the City in which the proposed project is located, nor do any of the land use, zoning, and/or circulation changes facilitated by the prior General Plan Addendums affect the existing or proposed land use, zoning, or circulation components of the proposed project.

General Plans are required to include seven elements (Land Use, Housing, Circulation, Noise, Safety, Open Space, and Conservation). The organization of these seven elements and any optional elements are determined by the local jurisdiction. The General Plan is required to be comprehensive in nature and internally consistent. The City’s General Plan is made up of eight elements: Land Use, Housing, Circulation, Open Space, and Conservation (the combination of two mandatory elements), Community Design (optional), Economic Development (optional), Safety, and Noise.

The Menifee General Plan contains long-term forecasts, development goals and strategies, displays, and illustrations. It directs the City's growth and development by identifying land uses in the proposed land use map and implementing the Menifee General Plan’s goals and principles. It also provides a long-term vision for the City and shows how that vision may be realized over time through its implementation goals and policies.6
Figure 3 in Section 2.3, Project Components, shows the existing distribution of land use that would be implemented upon the projected buildout of the Menifee General Plan with the expanded Economic Development Corridor Scenario that was analyzed with the Approved Project. Land use designations define the amount, type, and nature of future development that is allowed in any given location of Menifee.

Table 1.A shows the General Plan based on the projected buildout for non-residential square footage and employment of each land use designation based on a range of allowable non-residential intensities (expressed as floor area ratio [FAR]). Buildout of the proposed Land Use Plan is projected to accommodate 63,754 dwelling units and 158,948 residents. With the expansion of the EDC land use designation, the Approved Project projected 2,437 acres of EDC land uses, 5.1–18.0 dwelling units per acre, 0.23–0.38 FAR, 10,049 population increase, 3,774,167 square feet (sf) of retail, 28,281,889 sf of non-retail, totaling 32,056,056 sf of EDC land use for the City.

Table 1.A: Future General Plan Buildout Projections
Land Use
Category
Acres1 Assumed
Density
(du/ac) 2, 3
Intensity
(FAR) 4
Units Population5 Retail
(Square
Feet)
Nonretail
(Square Feet)
Total
(Square
Feet)
Residential

20.1-24 du/ac
Residential
(20.1-24R)
256 22.0 - 5,499 10,513 - - -
Commercial, Office, and Light Industrial
6 City of Menifee. 2013. City of Menifee General Plan Final Environmental Impact Report. Chapter 1 Executive Summary. p. 1-11. Website: https://www.cityofmenifee.us/DocumentCenter/View/1096/Ch- 01?bidId= (accessed April 25, 2022)

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Commercial
Retail (CR)
202 - 0.23 - - 2,018,027 - -
Commercial
Office (CO)
10 - 0.35 - - - 150,369 150,369
Business Park
(BP)
413 - 0.38 - - - 6,836,666 6,836,666
Subtotal 653 - - - 2,018,027 7,481,838 9,499,865
Economic
Development
Corridor (EDC)
2,437 5.1–18.0 0.23–0.38 4,744 10,049 3,774,167 28,281,889 32,056,056 Subtotal
(with EDC)
3,090 - - 4,744 10,049 5,792,194 35,763,727 41,555,921
Source: General Plan Final Environmental Impact Report, Table ES-1. (City of Menifee, 2013). 1 Acres shown are adjusted gross acreages and do not include the right-of-way for roadways (Collector Roads and above) flood control facilities, or railroads.
2 Acres shown are adjusted gross acreages and do not include the right-of-way for roadways (Collector Roads and above) flood control facilities, or railroads.
3 Density/Intensity includes both residential density, expressed as units per acre, and nonresidential intensity, expressed as floor area ratio (FAR), which is the amount of building square footage in relation to the size of the lot 4 Density/Intensity includes both residential density, expressed as units per acre, and nonresidential intensity, expressed as floor area ratio (FAR), which is the amount of building square footage in relation to the size of the lot 5 Projections of population by land use designation are based on a persons-per-household factor that varies by housing type. A 7.64 percent vacancy rate was assumed for population based on 2009 City of Menifee vacancy rate figures identified by the California Department of Finance.
du/ac = dwelling units per acre
FAR = floor area ratio
The objectives of the Approved Project as listed in the approved General Plan EIR7 include:

1. Adopt a new General Plan that establishes the goals and policies to create a built environment that fosters the enjoyment, financial stability, and well-being of the entire community.

2. Preserve a diverse mix of neighborhoods that provide an array of housing choices for a variety of life stages and lifestyles.

3. Preserve the City’s rural character, where appropriate.

4. Create a vibrant downtown, complete with a Community Center that serves as the central facility for our annual community celebrations and a gathering place for a broad spectrum of interests and ages.

5. Preserve and promote historic and cultural resources that are unique to the City.

6. Provide for adequate open space, recreational and cultural amenities to serve existing and future residents.
7 City of Menifee. 2013. General Plan Final EIR. Chapter 4 Project Description. p. 4-1. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1099/Ch-04?bidId= (accessed April 26, 2022)

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7. Provide access to rail, bus rapid transit, local shuttle services and develop a citywide golf cart/neighborhood electric vehicle plan to minimize vehicular trips that improve air quality.

8. Improve the community’s jobs-housing balance and fiscal sustainability by planning for a diversified employment base, supported by a variety of commercial, industrial, and mixed-use land uses through creation of the Economic Development Corridor (EDC) land use designation.

9. Create a plan that promotes long-term economic vitality and fiscal responsibility.

10. Reconcile General Plan buildout projections with regional and subregional estimates for growth.

11. Incorporate housing sites identified in the Housing Element into the Land Use Element.

12. Ensure consistency with AB 32, SB 375, and other federal, State, and local mandates.

13. Incorporate goals, policies, and programs that integrate multiple modes of transportation and meet the requirements of the Complete Streets Act.

The General Plan component of the Approved Project was certified by the GP EIR prior to the 2019 CEQA Statute and Guidelines update in December 2018. This Addendum includes three resource topics that were not previously evaluated in detail in the GP EIR of the Approved Project but that warrant analysis now due to current regulatory guidance outlined in the State CEQA Guidelines.

These topics include energy, wildfire, and tribal cultural resources.

The GP EIR included an analysis of energy impacts under Chapter 5, Section 5.1 (Aesthetics) and Section 5.7 (Greenhouse Gas); however, that analysis was based on Appendix G of the CEQA Statute and Guidelines at that time. The information in Section 5.7 of the GP EIR is used to provide an analytical comparison on energy between the Approved Project and proposed Project based on the 2022 CEQA Statute and Guidelines Energy Thresholds. Additionally, The GP EIR included wildfire analysis under Chapter 5, Section 5.8 (Hazard/Hazardous Materials), Section 5.14 (Public Services), and Section 5.16 (Transportation and Traffic); however, that analysis was based on Appendix G of the CEQA Statute and Guidelines at that time. The information in Sections 5.8, 5.15, and 5.16 of the GP EIR is used to provide an analytical comparison on wildfire between the Approved Project and proposed Project based on the 2022 CEQA Statute and Guidelines Wildfire Thresholds.

The GP EIR of the Approved Project does not include analysis of Vehicle Miles Traveled or Tribal Cultural Resources pursuant to Appendix G of the CEQA Guidelines, as amended, nor does the GP EIR or Addendum No. 1 reflect the current 6 th Cycle of the City’s RHNA. In order to ensure the Approved Project reflects environmental conditions based on the most current, applicable baseline, this Fourth Addendum applies not only to the Menifee GP EIR but also to the HEU EIR. Section 3.1 below provides a summary table of the conclusions for both the GP EIR and HEU EIR as compared to the proposed Project.

1.3 MENIFEE 2021-2029 HOUSING ELEMENT
Per California Government Code Sections 65580 – 65589.11, also referred to as the California Housing Law, jurisdictions are required to maintain and update Housing Elements within their

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General Plans. Furthermore, California Government Code Sections 65580–65589.8 require that jurisdictions evaluate their Housing Elements every 8 years. The City Council adopted the 6th Cycle, 2021–2029 Housing Element Update on December 15, 2021 and certified the HEU EIR via Resolution No. 21-1111.

The City prepared an update to the Housing Element, which included updated goals and policies intended to increase the City’s housing potential to address the growing housing scarcity in the State. The HEU component of the Approved Project would provide the City with a coordinated and comprehensive strategy for promoting the production of safe, decent, and affordable housing for all within Menifee. The HEU was prepared to ensure the City establishes policies, procedures, and incentives in its land use planning and development activities that result in maintenance and expansion of the housing supply to adequately accommodate households currently living and expected to live in Menifee. The HEU consists of four chapters intended to summarize the existing status of the City’s communities, the City’s existing housing strategy, and provide updated policies to be implemented for the 6th Cycle. The State Department of Housing and Community Development (HCD) determines Regional Housing Needs Assessments (RHNA) for all metropolitan planning organizations (MPOs) Statewide to aid the State in reducing its present housing crisis, in which inhabitants face a scarcity of housing units. HCD authorizes 196 jurisdictions in the Southern California Association of Governments (SCAG) region, including Menifee. HCD approved SCAG’s RHNA allocation methodology. The City's RHNA allotment was determined as 6,609 dwelling units, based on SCAG's final adopted RHNA allocation.

The HEU also updated other elements in the General Plan. The following summarizes these updates. •Land Use Element Update
○Identify and develop patterns for future growth
○Evaluate uses to ensure land for residential, commercial, industrial and public facilities ○Review land use policies for conflicts with new housing legislation and Zoning standards •Safety Element Update
○Identify relevant safety issues that must be updated consistent with State and Federal requirements
○Insure consistency between Land Use, Environmental Justice and the Housing Element •Environmental Justice Policies –Identifies disadvantage communities with the City of Menifee ○Incorporate policies and goals to advance equity and protect human health The General Plan Land Use Element was reviewed in conjunction with the HEU to identify future growth and development patterns. Within the city limits and sphere of influence, the analysis highlighted existing land uses with undeveloped and underutilized parcels to provide adequate land

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for housing, commercial, industrial, and public facility uses. The analysis in the HEU EIR aided in the identification of potential land use conflicts and provided an opportunity to make any necessary adjustments as part of the Housing Element Update, ensuring internal Housing Element Update consistency. General Plan Amendments were proposed for the rezoning of select lots to higher development densities, such as High Density Residential (HDR), with these modifications reflected in the updated Land Use Element and Land Use Map.

Changes to the land use and zoning designation of parcels identified for the HEU were codified through an update to the City’s Land Use Element. Parcels identified as candidate housing sites in the HEU would be subject to land use designation changes to allow for a higher residential development density. The General Plan Land Use Element Update also included the proposed land use amendment of 48 parcels within the EDC-CC from EDC-CC to RR-1. The zone change request does not include any development proposal or removal of existing residential structures. The remainder of the EDC-CC will be unaffected by the amendment. This EDC-CC region encompasses roughly 392 acres, of which 66 acres (48 parcels) are proposed for rezoning. With the exception of infrastructure, road and sidewalk upgrades, and existing structures, redevelopment of the 48 properties (about 66 acres) with an RR-1 designation would allow for around 66 units. Residential (25 percent), commercial retail (10 percent), commercial office (35 percent), and business park development are all encouraged under the present EDC-CC zoning (30 percent). The RR-1 designation of the plots would allow for the development of single-family homes on a 1-acre minimum lot size.

The change in zoning in the HEU excluded all other non-residential uses, except as otherwise permitted by the Development Code. The rezoning of the 48 EDC-CC parcels would be consistent with the existing established low density rural residential character of the area. The remainder of the EDC-CC was unaffected by the amendment. Additional updates to the City’s EDC land use policies would remove the 15 percent residential limitation placed on the land use type and would amend the EDC Subarea use descriptions and preferred use mix.

The General Plan Safety Element was also updated to address any relevant safety issue to reduce the potential short and long-term risk to the public from fires, floods, droughts, earthquakes, landslides, climate changes and other hazards. The City analyzed existing policies and programs to help identify and develop policies directing resources to disadvantaged communities to improve health, recreation, and economic mobility through cleaner air, better access to transportation, education, and employment. Environmental justice policies will be provided in future Elements of the General Plan, where appropriate.

Environmental justice policies were also proposed in the HEU to ensure the equitable distribution of resources to disadvantaged communities to improve health, recreation, and economic mobility through cleaner air, better access to transportation, education, and employment.

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2.0 PROJECT DESCRIPTION

2.1 INTRODUCTION
The City of Menifee (City) proposes to initiate a General Plan Amendment (GPA) (PLN 21-0404) and Change of Zone (COZ) (PLN 21-0405) in the southern portion of Menifee (herein referred to as the “Project,” or “proposed Project”). The GPA would expand the existing Economic Development Corridor Community Core (EDC-CC) in the southern portion of Menifee from Garbani Road to Scott Road and update the definition of the Business Park (BP) land use designation. The COZ would facilitate the application of EDC-CC in the southern portion of Menifee from Garbani Road to Scott Road by rezoning specific parcels from Economic Development Corridor – Southern Gateway (EDC- SG) to EDC-CC to be consistent with the proposed General Plan land use designation for the subject parcels.

The Project site is within the Economic Development Corridor land use designation and would convert 533.87 acres of land from EDC-Southern Gateway (EDC-SG) to EDC-Community Core (EDC- CC).8 Table 2.A summarizes the existing (EDC-SG) and proposed (EDC-CC) mix of land use for each subarea.

Table 2.A: Mix of Land Use for Subareas in the EDC
Land Use Mix1 EDC-SG ED-CC Difference of % of Mix
with proposed Project1
Residential 10% 20% +10%
Commercial Retail 10% 30% +20%
Commercial Office 10% 40% +30%
Business Park 70% 10% -60%
Total 100% 100% -
Source: General Plan Land Use Element, pp. 39–40. (City of Menifee, December 2012).

Notes: Through consultation with City Staff, this analysis applies a residential density of 22 dwelling units per acre as vertical mixed use for residential development and floor-to-area (FAR) rations of

0.23 for commercial retail, 0.35 for commercial office, and 0.38 for business park (refer to Table LU- 3 in the Land Use Element of the Menifee General Plan). 1 Based on conversion of 533.87 acres from EDC-SG to EDC-CC.

As shown in Table 2.A above, the proposed Project would increase development potential of 533.87 acres (28 parcels) within Menifee to develop commercial retail, commercial office, and residential while decreasing business park/light industrial in the Economic Development Core.

The proposed Project, similar to the Approved Project, does not include any physical development, but rather includes provisions that would allow for future development in accordance with designated land uses and zoning for subject properties. 8 City of Menifee. General Plan. 2012. Land Use Element, pp. 39–40. Website: https://www.cityofmenifee. us/DocumentCenter/View/14701/FINAL_Land-Use-Element_11322 (accessed August 29, 2022).

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Table 2.B shows the acreages for the existing and proposed mix of uses in the Project area.

Table 2.B: Acreages for Existing and Proposed Mix of Land Uses Land Use EDC-SG (Existing) EDC-CC (Proposed)
Residential 53.387 AC 106.774 AC
Commercial Retail 53.387 AC 160.161 AC
Commercial Office 53.387 AC 213.548 AC
Business Park 373.709 AC 53.387 AC
Total 533.870 AC 533.870 AC
Source: General Plan Land Use Element, pp. 39–40. (City of Menifee, December 2012).

AC = acreage of land
Further, densities for the residential uses and floor area ratios (FAR) for the non-residential uses were obtained from Exhibit LU-3 of the Land Use Element of the City’s General Plan and are based on discussions with City staff. As such, a density of 22 dwelling units/acre was applied for the residential uses and FARs of 0.23, 0.35, and 0.38 were applied for the commercial retail, commercial office, and business park uses, respectively. These densities were multiplied with the respective acreages to obtain the number of projected residential dwelling units and non-residential square footages for the different uses. Table 2.C summarizes the development potential of the existing and proposed land use designations within the Project area.

Table 2.C: Development Potential for Existing and Proposed Mix of Land Uses Land Use EDC-SG (Existing) EDC-CC (Proposed)
Residential 1,175 DU 2,349 DU
Commercial Retail 534.87 TSF 1,604.62 TSF
Commercial Office 813.94 TSF 3,255.75 TSF
Business Park 6,185.93 TSF 883.70 TSF
Source: Menifee Code Amendment Project Trip Generation Analysis and Vehicle Miles Traveled Analysis Memorandum. (LSA Associates, Inc. 2022a) (Appendix B).

DU = dwelling units TSF = thousand square feet

2.2 PROJECT LOCATION
Menifee is in western Riverside County along Interstate 215 (I-215). Menifee is bordered by Perris and unincorporated Riverside County to the north; Canyon Lake, Lake Elsinore, and Wildomar to the west; Murrieta and unincorporated Riverside County to the south; and the unincorporated communities of Homeland and Winchester to the east. Figure 1: Regional and Project Location shows Menifee’s location in a regional context. The GPA and COZ are proposed for properties south of Garbani Road, north of Scott Road, east of Sherman Road, and west of Palomar Road (i.e., the Project site). Figure 2: Project Boundary and Figure 3: Existing and Proposed Land Use and Zoning show the boundaries of the GPA and COZ components of the proposed Project.

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2.3 EXISTING SETTING
The Project site comprises 28 parcels on 533.87 acres of land. The majority of the Project site is vacant and undeveloped with the exception of a few developments. These developments include Louie’s Nursery & Landscape Materials Inc (plant nursery) at 27985 Wickerd Road, All Star Super Storage (self-storage) at 32456 Haun Road, and the Frontier Communications Corporation Plant Yard at 32477 Haun Road. The communications plant yard consists of office uses and a large surface parking lot and a storage area for equipment. These developments are adjacent to each other in the center-west portion of the Project site at the intersection of Wickerd Road and Haun Road (see Figure 2).

In August 2022, the City contracted Kosmont Companies to conduct an office market analysis for its city boundaries. The market analysis included an inventory of Menifee’s demographics including population, educational attainment, and income as well as inventory of Menifee’s current job and housing setting.

There is a current imbalance of the jobs-to-housing ratio such that Menifee sees a significant net outflow of workers commuting to work locations in other communities.9 The Menifee office market continues to grow related to population growth in the region, and the vacancy rate is very low at 1.4 percent.10 The State’s population growth has declined by 0.4 percent, while Riverside County’s population growth is at 3 percent and Menifee’s population has grown 18 percent.11 Workers who live in Menifee are primarily employed in the health care, accommodation/food service, education, retail trade, and construction sectors12 and approximately 50 percent of these residents work in office-related industries13 while 53 percent of employees [from other communities] who work in Menifee work in office-related industries.

Menifee has approximately 446,000 square feet (sf) of office space with the following locations being the largest:
•Menifee Police Department (29714 Haun Road) (approximately 74,900 sf), currently occupied by the City of Menifee.
•Medical Arts Plaza (29799 Haun Road) (approximately 61,000 sf), home to a variety of small medical office tenants.
•Medical Plaza (29826 Haun Road) (approximately 56,000 sf), home to a variety of small medical office, real estate, and professional service tenants.

Office development in the area is centered along Interstate 15 (I-15) and I-215, with larger properties (more than 50,000 sf) at the I-15/I-215 split in Murrieta and the I-15 area in Temecula.

Other office development in Menifee is primarily along the I-15 and I-215. The current imbalance of 9 Kosmont Companies. 2022. City of Menifee Office Market Analyses. p. 14. August. 10 Ibid. p. 20.
11 Ibid. p. 10.
12 Ibid. pp. 6, 13, and 16.
13 Ibid. p. 16.

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the jobs-to-housing ratio is such that Menifee sees a significant net outflow of workers commuting to work locations in other communities, as shown in Table 2.D.

Compared with the region, the City of Menifee has one of the highest populations but has the lowest office inventory per capita at 4.2 with the majority of the region having more than double the inventory with similar population sizes.

Table 2.D: Office Market Comparison (South Riverside County Cities) Office Market Data Menifee Murrieta Temecula Wildomar Lake Elsinore Perris Population (2022) 106,627 111.183 109,925 36,632 71,615 79,890 Office Inventory (sf) 445,553 2,038,477 3,461,011 302,276 602,740 377,555 Medical Office (sf) 158,860 1,053,478 845,383 189,016 122,577 94,908 Office Inventory
sf Per Capita

4.2 18.3 31.5 8.3 8.4 4.8
Vacancy % 1.5% 5.8% 4.7% 4.2% 2.0% 2.6%
Source: CoStar, California Department of Finance (Kosmont Companies accessed June 2022). sf = square feet

2.4 PROJECT COMPONENTS
As discussed above, the proposed Project would consist of two components: (1) General Plan Amendment PLN 21-0404 and (2) Change of Zone PLN 21-0405. The Project does not include development of any parcel, and future development within the Project area would be subject to further CEQA review when site-specific development applications are submitted to the City for the parcels therein. Figure 3 shows the parcels listed above with an existing land use and zoning designations of EDC-SG as well as the proposed changes. •General Plan Amendment PLN 21-0404: This Project component consists of a City-initiated GPA to amend the General Plan Land Use Map for 533.87 acres of land (28 parcels) from EDC-SG to EDC-CC land use designation in the southern portion of Menifee and update the definition of the Business Park (BP) land use designation. The definition of the BP land use designation would be revised to remove distribution-related warehouse uses as permitted uses within BP-designated land in Menifee. The existing and proposed definition of the BP land use designation is as follows. ○Existing BP Land Use Designation Definition: Industrial and related uses including warehousing/distribution, assembly, and light manufacturing, repair facilities, and business parks, including corporate offices. Employee-intensive uses, including research and development, technology centers, “clean” industry, and supporting hotel and ancillary retail uses are also permitted.
○Proposed BP Land Use Designation Definition: Industrial and related uses including warehousing/distribution, assembly, and light manufacturing, repair facilities, and business parks, including corporate offices. Employee-intensive uses, including research and development, technology centers, “clean” industry, and supporting hotel and ancillary retail uses are also permitted.

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•Change of Zone PLN 21-0405: This Project component consists of a City initiated COZ to rezone 533.87 acres of land between Garbani Road and Scott Road from EDC-SG to EDC-CC. This COZ is required to ensure consistency with the proposed General Plan EDC-CC land use designation for the subject parcels. No physical development would take place as part of the COZ. Only changes to the zoning maps would take place. The following Assessor Parcel Numbers would be involved in this COZ:
○360-350-006 ○360-380-007
○360-350-007 ○360-380-009
○360-350-011 ○360-380-010
○360-350-012 ○360-390-001
○360-350-013 ○360-390-002
○360-350-014 ○360-390-003
○360-350-017 ○360-390-004
○360-350-024 ○360-390-005
○360-350-025 ○360-390-006
○360-350-026 ○360-390-007
○360-350-031 ○372-100-001
○360-350-032 ○372-110-006
○360-380-002 ○372-110-007
○360-380-004 ○372-110-008

2.5 PROJECT APPROVALS
Upon its adoption by the Menifee City Council, the GPA (PLN 21-0404) would amend the General Plan Land Use Map for 533.87 acres of land from EDC-SG to EDC-CC land use designation and redefine the BP land use designation by prohibiting distribution-type warehouse uses on parcels with the BP land use designation. The COZ (PLN 21-0405) would entail a corresponding change of zone for the same 533.87 acres of land from EDC-SG to EDC-CC to bring those properties into conformance with the proposed land use designations in the General Plan. The Project involves approval of the following City of Menifee entitlements. •General Plan Amendment PLN 21-0404: Amend the General Plan Land Use Map for 533.87 acres of land from EDC-SG to EDC-CC and update the land use designation definition for BP. •Change of Zone PLN 21-0405: Rezone 533.87 acres of EDC-SG zoned land between Garbani Road and Scott Road to EDC-CC to ensure consistency with the proposed EDC-CC land use designation of the General Plan.

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Figure 1: Regional Project Location

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Figure 2: Project Boundary

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Figure 3: Existing and Proposed Land Use and Zoning

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3.0 APPROVED PROJECT AND PROPOSED PROJECT IMPACT SUMMARY Table 3.A summarizes the environmental impact findings of the Menifee General Plan and the 2021– 2029 Housing Element Update (Approved Project) and the proposed City of Menifee General Plan Amendment and Change of Zone Addendum Project (Project).

Table 3.A: Approved Project and Proposed Project Impact Conclusion Summary Resource
Topics
Thresholds
(issue)
Approved
Project EIRs
Impact
Conclusions Proposed Project Conclusion
General Plan Less than
Significant
Threshold A
(Scenic Vistas)
Housing
Element Update
Less than
Significant
General Plan Less than
Significant
Threshold B
(Scenic
Resources) Housing
Element Update
Less than
Significant
General Plan Less than
Significant
Threshold C
(Visual
Character) Housing
Element
Less than
Significant
General Plan Less than
Significant
Aesthetics
Threshold D
(Light/Glare)
Housing
Element
Less than
Significant
The proposed Project would not result in new
or substantially more severe environmental
impacts concerning aesthetics than anticipated
in the GP EIR and HEU EIR.

General Plan Significant and
Unavoidable
Threshold A
(Farmland)
Housing
Element
Less than
Significant
General Plan No ImpactThreshold B
(Agricultural
land confliction)
Housing
Element
No Impact
General Plan Less than
Significant
Threshold C
(Timberland)
Housing
Element
No Impact
General Plan Significant and
Unavoidable
Threshold D
(Forest Land)
Housing
Element
No Impact
General Plan Significant
Unavoidable
Agriculture and
Forestry
Resources
Threshold E
(Conversion of
Farmland/Fores
t) Housing
Element
No Impact
The proposed Project would not result in new
or substantially more severe environmental
impacts concerning agriculture and farmland
resources than anticipated for the Approved
Project.

General Plan Significant and
Unavoidable
Air Quality Threshold A
(Air Quality
Plans) Housing
Element
Less than
Significant
The proposed Project would not result in new
or substantially more severe environmental

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Table 3.A: Approved Project and Proposed Project Impact Conclusion Summary Resource
Topics
Thresholds
(issue)
Approved
Project EIRs
Impact
Conclusions Proposed Project Conclusion
General Plan Significant and
Unavoidable
Threshold B
(Criteria
Pollutant) Housing
Element
Less than
Significant
with
Mitigation
Incorporated
General Plan Significant and
Unavoidable
Threshold C
(Emissions)
Housing
Element
Less than
Significant
General Plan Significant and
Unavoidable
Threshold D
(Sensitive
Receptors) Housing
Element
Less than
Significant
General Plan Less than
Significant
Threshold E
(Odors)
Housing
Element
Less than
Significant
impacts concerning air quality than anticipated
for the Approved Project.

General Plan Less than
Significant
with
Mitigation
Incorporated
Threshold A
(Special-Status
Species)
Housing
Element
Less than
Significant
General Plan Less than
Significant
with
Mitigation
Incorporated
Threshold B
(Riparian
Habitat)
Housing
Element
Less than
Significant
with
Mitigation
Incorporated
General Plan Less than
Significant
with
Mitigation
Incorporated
Threshold C
(Wetlands)
Housing
Element
Less than
Significant
General Plan Less than
Significant
Biological
Resources
Threshold D
(Movement of
species) Housing
Element
Less than
Significant
The proposed Project would not result in new
or substantially more severe environmental
impacts concerning biological resources than
anticipated for the Approved Project.

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Table 3.A: Approved Project and Proposed Project Impact Conclusion Summary Resource
Topics
Thresholds
(issue)
Approved
Project EIRs
Impact
Conclusions Proposed Project Conclusion
General Plan Less than
Significant
Threshold E
(Biology
Ordinances) Housing
Element
Less than
Significant
General Plan Less than
Significant
with
Mitigation
Incorporated
Threshold F
(Biology Plans)
Housing
Element
Less than
Significant
General Plan Less than
Significant
Threshold A
Housing
Element
Less than
Significant
with
Mitigation
Incorporated
General Plan Less than
Significant
with
Mitigation
Incorporated
Threshold B
Housing
Element
Less than
Significant
with
Mitigation
Incorporated
General Plan Less than
Significant
Cultural
Resources
Threshold C
Housing
Element
Less than
Significant
with
Mitigation
Incorporated
The proposed Project would not result in new
or substantially more severe environmental
impacts concerning cultural resources than
anticipated for the Approved Project.

General Plan Less than
Significant
Energy Threshold A
and B
Housing
Element
Less than
Significant
The proposed Project would not result in new
or substantially more severe environmental
impacts concerning energy resources than
anticipated for the Approved Project.

General Plan Less than
Significant
Threshold A
(i) (ii) (iii) (iv)
Housing
Element
Less than
Significant
General Plan Less than
Significant
Geology and
Soils
Threshold B
Housing
Element
Less than
Significant
The proposed Project would not result in new
or substantially more severe environmental
impacts concerning geological resources than
anticipated for the Approved Project.

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Table 3.A: Approved Project and Proposed Project Impact Conclusion Summary Resource
Topics
Thresholds
(issue)
Approved
Project EIRs
Impact
Conclusions Proposed Project Conclusion
General Plan Less than
Significant
Threshold C
Housing
Element
Less than
Significant
General Plan Less than
Significant
Threshold D
Housing
Element
Less than
Significant
General Plan Less than
Significant
Threshold E
Housing
Element
No Impact
Threshold F General Plan Less than
Significant
with
Mitigation
Incorporated
General Plan Less than
Significant
Threshold A
Housing
Element
Less than
Significant
General Plan Less than
Significant
Greenhouse
Gas Emissions
and Climate
Change
Threshold B
Housing
Element
Less than
Significant
The proposed Project would not result in new
or substantially more severe environmental
impacts concerning greenhouse gas emissions
than anticipated for the Approved Project.

General Plan Less than
Significant
Threshold A
Housing
Element
Less than
Significant
General Plan Less than
Significant
Threshold B
Housing
Element
Less than
Significant
General Plan Less than
Significant
Threshold C
Housing
Element
Less than
Significant
General Plan Less than
Significant
Threshold D
Housing
Element
Less than
Significant
General Plan Less than
Significant
Threshold E
Housing
Element
Less than
Significant
General Plan Less than
Significant
Hazards and
Hazardous
Materials
Threshold F
Housing
Element
Less than
Significant
The proposed Project would not result in new
or substantially more severe environmental
impacts concerning hazards and hazardous
materials than anticipated for the Approved
Project.

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Table 3.A: Approved Project and Proposed Project Impact Conclusion Summary Resource
Topics
Thresholds
(issue)
Approved
Project EIRs
Impact
Conclusions Proposed Project Conclusion
General Plan Less than
Significant
Threshold G
Housing
Element
Less than
Significant
General Plan Less than
Significant
Threshold A
Housing
Element
Less than
Significant
with
Mitigation
Incorporated
General Plan Less than
Significant
Threshold B
Housing
Element
No Impacts
General Plan Less than
Significant
Threshold C
Housing
Element
Less than
Significant
with
Mitigation
Incorporated
General Plan Less than
Significant
Threshold D
Housing
Element
Less than
Significant
General Plan Less than
Significant
Hydrology and
Water Quality
Threshold E
Housing
Element
Less than
Significant
The proposed Project would not result in new
or substantially more severe environmental
impacts concerning hydrology and water
quality than anticipated for the Approved
Project.

General Plan Less than
Significant
Threshold A
Housing
Element
Less than
Significant
General Plan Less than
Significant
Land Use and
Planning
Threshold B
Housing
Element
Less than
Significant
The proposed Project would not result in new
or substantially more severe environmental
impacts concerning land use and planning than
anticipated for the Approved Project.

General Plan Less than
Significant
Threshold A
Housing
Element
Less than
Significant
General Plan Less than
Significant
Mineral
Resources
Threshold B
Housing
Element
Less than
Significant
The proposed Project would not result in new
or substantially more severe environmental
impacts concerning mineral resources than
anticipated for the Approved Project.

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Table 3.A: Approved Project and Proposed Project Impact Conclusion Summary Resource
Topics
Thresholds
(issue)
Approved
Project EIRs
Impact
Conclusions Proposed Project Conclusion
General Plan Significant and
Unavoidable
Threshold A
Housing
Element
Less than
Significant
General Plan Less than
Significant
Threshold B
Housing
Element
Less than
Significant
General Plan Less than
Significant
Noise
Threshold C
Housing
Element
Less than
Significant
The proposed Project would not result in new
or substantially more severe environmental
impacts concerning noise than anticipated for
the Approved Project.

General Plan Less than
Significant
Threshold A
Housing
Element
Less than
Significant
General Plan Less than
Significant
Population and
Housing
Threshold B
Housing
Element
Less than
Significant
The proposed Project would not result in new
or substantially more severe environmental
impacts concerning population and housing
than anticipated for the Approved Project.

General Plan Less than
Significant
(Fire
Protection)
Housing
Element
Less than
Significant
General Plan Less than
Significant
(Police
Protection)
Housing
Element
Less than
Significant
General Plan Less than
Significant
(Schools)
Housing
Element
Less than
Significant
General Plan Less than
Significant
(Parks)
Housing
Element
Less than
Significant
General Plan Less than
Significant
Public Services
(Other Public
Facilities)
Housing
Element
No Impact
The proposed Project would not result in new
or substantially more severe environmental
impacts concerning public services than
anticipated for the Approved Project.

General Plan Less than
Significant
Threshold A
Housing
Element
Less than
Significant
General Plan Less than
Significant
Recreation Threshold B
Housing
Element
Less than
Significant
The proposed Project would not result in new
or substantially more severe environmental
impacts concerning recreation resources than
anticipated for the Approved Project.

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Table 3.A: Approved Project and Proposed Project Impact Conclusion Summary Resource
Topics
Thresholds
(issue)
Approved
Project EIRs
Impact
Conclusions Proposed Project Conclusion
General Plan Significant and
Unavoidable
Threshold A
Housing
Element
Less than
Significant
General Plan No FindingThreshold B
Housing
Element
Less than
Significant
General Plan Less than
Significant
Threshold C
Housing
Element
Less than
Significant
General Plan Less than
Significant
Transportation
Threshold D
Housing
Element
Less than
Significant
The proposed Project would not result in new
or substantially more severe environmental
impacts concerning transportation than
anticipated for the Approved Project.

General Plan EIR did not
analyze
Tribal Cultural
Resources
Threshold A
Housing
Element
Less than
Significant
with
Mitigation
Incorporated
The proposed Project would not result in new
or substantially more severe environmental
impacts concerning tribal cultural resources
than anticipated for the Approved Project.

General Plan Less than
Significant
Threshold A
Housing
Element
Less than
Significant
General Plan Less than
Significant
Threshold B
Housing
Element
Less than
Significant
General Plan Less than
Significant
Threshold C
Housing
Element
Less than
Significant
General Plan Less than
Significant
Threshold D
Housing
Element
Less than
Significant
General Plan Less than
Significant
Utilities and
Service
Systems
Threshold E
Housing
Element
Less than
Significant
The proposed Project would not result in new
or substantially more severe environmental
impacts concerning utilities and service systems
than anticipated for the Approved Project.

General Plan Less than
Significant
Threshold A
Housing
Element
Less than
Significant
Wildfire
Threshold B General Plan Less than
Significant
The proposed Project would not result in new
or substantially more severe environmental
impacts concerning wildfire than anticipated for
the Approved Project.

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Table 3.A: Approved Project and Proposed Project Impact Conclusion Summary Resource
Topics
Thresholds
(issue)
Approved
Project EIRs
Impact
Conclusions Proposed Project Conclusion
Housing
Element
Less than
Significant
General Plan Less than
Significant
Threshold C
Housing
Element
Less than
Significant
General Plan Less than
Significant
Threshold D
Housing
Element
Less than
Significant
Sources: Menifee General Plan Environmental Impact Report State Clearinghouse No. 2012071033 (City of Menifee, September 2013) and 2021–2029 Housing Element Update Project Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. (Kimley-Horn and Associates, June 2021).

EIR = Environmental Impact Report
GHG = greenhouse gas
GP EIR = General Plan Final Environmental Impact Report HEU EIR = Housing Element Update Final Program Environmental Impact Report Project = City of Menifee General Plan Amendment and Change of Zone Addendum Project SCAG = Southern California Association of Governments

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3.1 ENVIRONMENTAL ANALYSIS CHECKLIST
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a potentially significant impact as indicated by the checklist on the following pages.
Aesthetics Agricultural Resources Air Quality
Biological Resources Cultural Resources Energy
Geology/Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities/Service Systems Wildfire Mandatory Findings of Significance

3.2 DETERMINATION (TO BE COMPLETED BY THE LEAD AGENCY)
On the basis of the initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

I find that the amended project has previously been analyzed as part of an earlier CEQA document. Minor additions and/or clarifications are needed to make the previous documentation adequate to cover the project which are documented in this ADDENDUM to the earlier CEQA document (CEQA Section 15164.)
Signature: Date:

Orlando Hernandez, Planning Manager

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4.0 MENIFEE GENERAL PLAN AMENDMENT/ZONE CHANGE PROJECT

ENVIRONMENTAL IMPACT ANALYSIS AND PROJECT APPROVALS
The scope of the City of Menifee’s (City) review of the proposed General Plan Amendment and Change of Zone Project (Project) is limited by provisions set forth in the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. This review is limited to evaluating the environmental effects associated with the proposed Project compared to the Approved Project as set forth in the General Plan Environmental Impact Report (EIR) and the Housing Element Update EIR. This Addendum also reviews new information, if any, of substantial importance that was not known and could not have been known with the exercise of reasonable due diligence at the time the General Plan EIR and the Housing Element Update EIR were certified. This evaluation includes a determination whether the changes proposed for the Project would result in any new significant impacts or a substantial increase in a previously identified significant impact.

Although State CEQA Guidelines Section 15164 does not stipulate the format or content of an Addendum, the topical areas identified in the General Plan EIR and the Housing Element Update EIR plus “energy”, “tribal cultural resources”, and “wildfire” topical areas, are the environmental factors evaluated in this Addendum. This comparative analysis provides the City with the factual basis for determining whether any changes in the proposed Project, any changes in circumstances, or any new information since the General Plan EIR and the Housing Element Update EIR were certified would require additional environmental review or preparation of a Subsequent EIR or Supplemental EIR.

Pursuant to Section 15162 of the State CEQA Guidelines, the City has determined, on the basis of substantial evidence in the light of the whole record, that the proposed Project does not propose substantial changes to the Menifee General Plan and the 2021–2029 Housing Element Update (Approved Project), no substantial changes in circumstances would occur that would require major revisions to the General Plan EIR and the Housing Element Update EIR, and no new information of substantial importance has been revealed since the certification of General Plan EIR and the Housing Element Update EIR that would result in either new significant effects or an increase in the severity of previously analyzed significant effects.

A Mitigation Monitoring and Reporting Program (MMRP) was adopted as part of the Menifee General Plan EIR and Housing Element Update EIR that minimized impacts associated with implementation of the Approved Project. The previously adopted mitigation measures applicable to the proposed Project that would be prescribed as conditions of the Project and the MMRP, as applicable to the proposed Project, are contained in Section 7.0 of this document.

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4.1 AESTHETICS
Issues:

New Potentially
Significant
Impact
New
Mitigation
Required
No New or
More
Severe
Impact
a. Would the Project have a substantial
adverse effect on a scenic vista?
b. Would the Project substantially damage
scenic resources, including, but not
limited to trees, rock outcroppings, and
historic buildings within a State scenic
highway and/or local scenic road?
c. Would the Project, in non-urbanized
areas, substantially degrade the existing
visual character of the site and its
surroundings? (Public views are those
that are experienced from publicly
accessible vantage point). If the project is
in an urbanized area, would the Project
conflict with applicable zoning and other
regulations governing scenic quality?
d. Would the Project create a new source of
substantial light or glare that would
adversely affect daytime or nighttime
views in the area?

4.1.1 Threshold A: Would the Project have a substantial adverse effect on a scenic vista? (GP EIR Impact 5.1-1, HEU EIR Impact 4.1-1)

4.1.1.1 Approved Project Impact Analysis
Menifee General Plan EIR. Scenic features include gently sloping alluvial fans, rugged mountains and steep slopes, mountain peaks and ridges, rounded hills with boulder outcrops, farmland and open space. Scenic vistas provide views of these features from public spaces. At full General Plan buildout, development in many parts of Menifee would intensify urban uses in currently undeveloped areas. Portions of Menifee that are currently vacant land or farmland would be developed with a mix of residential, commercial, industrial, and institutional uses. However, implementation of the approved General Plan is not expected to degrade views of scenic resources in the city.

Policies listed in General Plan EIR Chapter 5.1 give substantial consideration to the preservation of scenic vistas, including those that protect undisturbed slopes, hillsides, and other natural landforms that enhance the City’s environmental setting. These policies are detailed in the General Plan Open Space and Conservation Element. Upon implementation of these policies and adherence to the

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Municipal Code, build-out of the General Plan would not substantially degrade scenic vistas in Menifee. Impacts to scenic vistas would be less than significant.14 Menifee Housing Element Update EIR. The Menifee Housing Element Update EIR identifies landmarks such as the windmill at the Countryside Marketplace, Mt. San Jacinto College, the Medical Center, Bell Mountain, and Salt Creek as manmade and natural scenic resources in Menifee.

The Housing Element Update would facilitate future development of 8,696 dwelling units in Menifee through adoption of development provisions and standards, but it does not include direct physical development of any dwelling units. Therefore, adoption of the Menifee Housing Element Update would not physically impact any scenic vistas. Future housing development facilitated by build-out of the Menifee Housing Element Update would be subject to compliance with updated goals, policies, and development standards of the Menifee Housing Element Update and Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. The following updated goals and policies of the Housing Element would ensure impacts to scenic vistas remain less than significant.

Goal HE-1: A diverse housing stock that offers a full range of housing opportunities for Menifee residents and supports the local economy.

HE Policy 1.7: Community Character. Protect the character of the community by preserving the unique rivers, landscape, natural features, and community features that distinguish Menifee from other cities in the region.

Approved Project Mitigation Measures. No mitigation measures were identified in the Menifee General Plan EIR or the Menifee Housing Element Update EIR.

4.1.1.2 Proposed Project Impact Analysis
The proposed Project, similar to the Approved Project, does not include any physical development, but rather includes provisions that would allow for future development in accordance with designated land uses and zoning for subject properties. However, future development facilitated through implementation of the proposed Project could alter and obstruct views of designated scenic vistas in Menifee.

The existing setting of the Project site is mostly vacant/undeveloped with the exception of a self- storage facility, a plant nursery, and a parking lot and the proposed Project would facilitate development of vacant/undeveloped land. As future development applications are proposed, discretionary projects would be subject to design review pursuant to Title 9 (Planning and Zoning) of the City Municipal Code in conjunction with site specific evaluation pursuant to CEQA, the goals and 14 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.1-11. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1101/Ch-05-01-AE?bidId= (accessed June 10, 2022).

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policies listed in General Plan EIR Chapter 5.1,15 and Goal HE-1 (Policy 1.7) of the HEU EIR to preserve and protect scenic resources and vistas as seen from public vantage points and to ensure cohesive development and compatibility between land uses. Therefore, the proposed Project would not result in new or more severe environmental impacts concerning scenic vistas than anticipated for the Approved Project.

Proposed Project Mitigation Measures. No mitigation is required.

4.1.2 Threshold B: Would the Project substantially damage scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings within a State scenic highway and/or local scenic road? (GP EIR Impact 5.1-2, HEU EIR Impact 4.1-2)

4.1.2.1 Approved Project Impact Analysis
Menifee General Plan EIR. The General Plan EIR did not identify any designated State Scenic Highways in or near Menifee. The nearest designated State scenic highway, which is a portion of State Route (SR-) 74 that runs through the San Jacinto Mountains, is approximately 17 miles east of Menifee. There are three County of Riverside Eligible Scenic Highways in Menifee that include Interstate-215 (I-215) from McCall Boulevard south to the city boundary, McCall Boulevard from I-215 on the west to Menifee Road on the east, and Menifee Road from McCall Boulevard north to the city boundary. New uses along these roadways would not completely obstruct visual resources, as allowed uses in these areas would be regulated by the Municipal Code development standards, City Design Guidelines, and the proposed General Plan policies.

Policies referenced in General Plan EIR Chapter 5.1 give substantial consideration to the preservation of scenic resources, including those that protect undisturbed slopes, hillsides, and other natural landforms that enhance Menifee’s environmental setting. These policies are detailed in the General Plan’s Community Design Element and Open Space and Conservation Element.16 Since the eligible roadways are not officially designated as State Scenic Highways, the General Plan EIR analysis determined impacts related to scenic resources within view of designated scenic roadways would be less than significant.

Menifee Housing Element Update EIR. The Menifee Housing Element Update EIR also did not identify any State Scenic Highways within or near Menifee. Views from eligible scenic highways within Menifee would significantly change because vast open spaces would be developed and views of low-lying valleys, mountains, and rock formations would be obstructed. The Housing Element 15 The Planning Center and DC&E. 2013. Menifee General Plan Draft Environmental Impact Report. State Clearinghouse #2012071033. Appendix C (City of Menifee General Plan Goals and Policies). September.

Website: https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId=. 16 The Planning Center and DC&E. 2013. Menifee General Plan Draft Environmental Impact Report. State Clearinghouse #2012071033. Appendix C of the GP EIR (City of Menifee General Plan Goals and Policies).

September. Website: https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals- Policies?bidId=. (accessed July 6, 2022).

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Update EIR also identified scenic corridors17 within the city boundaries. The scenic corridors include the following roadways:
•I-215
•SR-74
•McCall Boulevard
•Menifee Road
The Housing Element Update would facilitate future development of 8,696 dwelling units in Menifee through adoption of development provisions and standards, but it does not include direct physical development of any dwelling units. However, 12 candidate sites of the Housing Element Update are adjacent to eligible scenic highways or scenic corridors. The HEU EIR determined that the candidate housing sites would be built out consistently with development in the surrounding areas projected by the GP. These housing sites would be subject to compliance with updated goals, policies, and development standards of the Menifee Housing Element Update and Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. Updated goals and policies of the Housing Element (Goal HE-1 and HE Policy 1.7) would ensure impacts to scenic resources remain less than significant.

Approved Project Mitigation Measures. No mitigation measures were identified in the Menifee General Plan EIR or the Menifee Housing Element Update EIR.

4.1.2.2 Proposed Project Impact Analysis
The proposed Project, similar to the Approved Project, does not include any physical development, but rather includes provisions that would allow for future development in accordance with designated land uses and zoning for subject properties. However, future development facilitated through implementation of the proposed Project could alter scenic views adjacent to scenic roadways in Menifee. As previously discussed, there are no official designated State Scenic Highways within the city. The nearest officially designated State Scenic Highway is a portion of SR-74 in the San Jacinto Mountains approximately 25 miles east of the Project site.18 As mentioned above, the City has identified scenic corridors within Menifee. The Project site is along the scenic corridor I-215, the nearest scenic corridor to the site.

As future development applications are proposed in the City, discretionary projects would be subject to design review pursuant to Title 9 (Planning and Zoning) of the City Municipal Code in conjunction with site specific evaluation pursuant to CEQA, the goals and policies listed in General Plan EIR Chapter 5.1,19 and Goal HE-1 (Policy 1.7) of the HEU EIR to preserve and protect scenic 17 The Planning Center, DC&E. 2013. City of Menifee General Plan. Exhibit CD-2 Enhanced Landscape Corridors and Scenic Corridors. Exhibit_CD-2_Corridors_HD0913. September. 18 California Department of Transportation (Caltrans). 2019. Scenic Highways System Map. Website:
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aac aa (accessed April 26, 2022).
19 The Planning Center and DC&E. 2013. Menifee General Plan Draft Environmental Impact Report. State Clearinghouse #2012071033. Appendix C (City of Menifee General Plan Goals and Policies). September.

Website: https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId=.

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resources and vistas as seen from public vantage points along the three scenic corridors (I-215, Scott Road, and Menifee Road) in proximity to the proposed project site. Therefore, the proposed Project would not result in new or more severe environmental impacts concerning scenic resources within a State scenic highway and local scenic highway than anticipated for the Approved Project.

Proposed Project Mitigation Measures. No mitigation is required.

4.1.3 Threshold C: Would the Project, in non-urbanized areas, substantially degrade the existing visual character of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the Project conflict with applicable zoning and other regulations governing scenic quality? (GP EIR Impact 5.1-3, HEU EIR Impact 4.1-3)

4.1.3.1 Approved Project Impact Analysis
Menifee General Plan EIR.The General Plan planning area includes both urban and non-urbanized areas. The General Plan EIR determined that buildout assumed under the General Plan would result in the intensification of urban development in currently undeveloped, non-urbanized areas. Vacant portions of Menifee, including existing farmland, would be developed with a mix of residential, commercial, industrial, and institutional uses. As mentioned above, the visual condition of the planning area is characterized by gently sloping alluvial fans, rugged mountains and steep slopes, rounded hills with boulder outcrops, mountain peaks and ridges, farmland, and open space. Scenic vistas provide views of these features from public spaces. Many of the scenic resources are outside the city limits and beyond the planning area boundary. Scenic views from Menifee include the San Bernardino Mountains to the north, the San Gabriel Mountains to the northwest, San Jacinto Mountains to the northeast and east, and the Santa Ana Mountains to the west and southwest.

Development is concentrated in the northern portion of Menifee. With implementation of General Plan policies related to scenic vistas and adherence to the Municipal Code, impacts from the General Plan component of the Approved Project would not substantially degrade scenic quality in Menifee and would be less than significant.

Menifee Housing Element Update EIR. The Menifee Housing Element Update EIR determined20 that candidate sites were previously designated for development and therefore implementation of the Housing Element Update would remain consistent with the forecast pattern of development for Menifee. The EIR also determined that all potential future housing developments facilitated by the Housing Element Update would be reviewed to confirm compliance with all applicable requirements to protect and enhance the City’s visual character and public views, including the Menifee General Plan, Menifee Municipal Code, and the City’s review process, including compatibility with surrounding land uses. Additionally, policy updates associated with environmental justice and safety would not affect the City’s visual character. In addition to Goal HE-1 and HE Policy 1.7, identified 20 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.1-10. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

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above in Section 4.1.1.1, the following updated goals and policies of the Housing Element would ensure impacts to scenic quality remain less than significant.21 HE Policy 1.2 Housing Design. Require excellence in housing design with materials and colors, building treatments, landscaping, open space, parking, and environmentally sensitive design practices.

Goal HE-2 Quality residential development, sustainable safe neighborhoods with a variety of housing types, designs and opportunities, well served by ample parks, infrastructure, community amenities, and public services and facilities.

HE Policy 2.1 Housing Conditions. Support the improvement, rehabilitation, and maintenance of our housing resources to strengthen residential neighborhoods, offer quality housing, and maintain community property values.

HE Policy 2.2 Property Maintenance. Support the maintenance and improvement of the quality of housing and neighborhoods through the adoption, amendment, and compliance with land use, zoning, building, and property maintenance codes.

Approved Project Mitigation Measures. No mitigation measures were identified in the Menifee General Plan EIR or the Menifee Housing Element Update EIR.

4.1.3.2 Proposed Project Impact Analysis
Future development facilitated through implementation of the proposed Project could substantially alter the visual quality and character of the project area and surroundings since the existing setting of the Project site is mostly vacant/undeveloped with the exception of a self-storage facility, a plant nursery, and a parking lot, and is considered to be non-urbanized for purposes of this analysis.

As future development applications are proposed, discretionary projects would be subject to design review pursuant to Title 9 (Planning and Zoning) of the City Municipal Code in conjunction with site specific evaluation pursuant to CEQA, the goals and policies listed in General Plan EIR Chapter 5.1,22 as well as Goal HE-1 (Policies 1.2 and 1.7) and Goal HE-2 (Policies 2.1 and 2.2) of the HEU EIR to minimize impacts related to degradation of scenic quality and visual character and to ensure cohesive development and compatibility between land uses. Therefore, the proposed Project would not result in new or more severe environmental impacts concerning visual character than anticipated for the Approved Project.

Proposed Project Mitigation Measures. No Mitigation is required for the Proposed Project. 21 Ibid.
22 The Planning Center and DC&E. 2013. Menifee General Plan Draft Environmental Impact Report. State Clearinghouse #2012071033. Appendix C (City of Menifee General Plan Goals and Policies). September.

Website: https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId=.

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4.1.4 Threshold D: Would the Project create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area? (GP EIR Impact 5.1-4, HEU EIR Impact 4.1-4)

4.1.4.1 Approved Project Impact Analysis
Menifee General Plan EIR. The General Plan EIR determined that buildout associated with the General Plan would result in an increase in nighttime light and glare within Menifee, because the city itself and surrounding areas are largely undeveloped. New development or redevelopment would incorporate lighting needed to provide nighttime street and building illumination. These lighting features would include security lighting, nighttime traffic, sign illumination, and lighting associated with construction activities. The General Plan EIR determined that views from the Mount Palomar Observatory in San Diego County would also be affected.

All future development projects that would be accommodated by the General Plan would be required to comply with California’s Building Energy Efficiency Standards for Residential and Nonresidential Buildings (Title 24, Part 6, of the California Code of Regulations), which outlines mandatory provisions for lighting control devices and luminaires. All future development projects would also comply with Chapter 6.01 of the City’s municipal code to reduce light pollution.23 Adherence to County of Riverside and City regulations and implementation of General Plan policies would ensure that light, glare, and associated impacts to nighttime views, that would occur with new development and redevelopment projects implemented under the General Plan would be minimized and that this impact would be less than significant.

Menifee Housing Element Update EIR. The Menifee Housing Element Update EIR determined24 that development of candidate sites may result in the addition of new sources of light and glare through installation of parking area lighting, light glow from windows, doors, and accent lighting. Applicable requirements related to light and glare include the California Green Building Standards Code (Part 11 of Title 24), the Menifee General Plan, and Menifee Municipal Code Section 9.210.060. Future housing development would also comply with Menifee Municipal Code Section 9.210.070(A) (outdoor lighting plan) which requires detailed descriptions of the location of all proposed outdoor lighting fixtures, including their elevation and the portion of the area to be illuminated by each lighting fixture. It was also determined in the Housing Element Update EIR that policy updates associated with Environmental Justice and Safety Elements would not affect the City’s visual character. Adhering to these requirements, the Housing Element Update component would not generate a new source of substantial light or glare. Additionally, implementation of Goal HE-1 and HE Policy 1.7, identified above in Section 4.1.1.1, and HE Policy 1.2 and HE Policy 2.2, identified above in Section 4.1.3.1, would ensure impacts regarding light and glare would remain less than significant
23 The Planning Center, DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. Pp. 5.1-12 to 5.12-13. September. Website: https://www.cityofmenifee.us/DocumentCenter/View/ 1101/Ch-05-01-AE?bidId=.
24 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. June. p. 4.1-12. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

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Approved Project Mitigation Measures. No mitigation measures were identified in the Menifee General Plan EIR or the Menifee Housing Element Update EIR.

4.1.4.2 Proposed Project Impact Analysis
Future development facilitated through implementation of the proposed Project could generate a new source of light and glare in Menifee. The existing setting of the Project site is mostly vacant/undeveloped with the exception of a self-storage facility, a plant nursery, and a parking lot and there is very little existing lighting throughout the Project area.

As future development applications are proposed, design review would ensure projects would be developed in accordance with the applicable provisions of the California Building Code (Title 24).

Future development also would be subject to Title 9 (Planning and Zoning), Section 9.210.060, and Section 9.210.070(A) of the City Municipal Code in conjunction with site specific evaluation pursuant to CEQA, as well as Goal HE-1 (Policy 1.7) and Goal HE-2 (Policies 2.1 and 2.2) of the HEU EIR to minimize impacts related to light and glare. Therefore, the proposed Project would not result in new or more severe environmental impacts concerning light and glare than anticipated for the Approved Project.

Proposed Project Mitigation Measures. No mitigation is required.

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4.2 AGRICULTURAL AND FORESTRY RESOURCES
Issues:

New Potentially
Significant
Impact
New
Mitigation
Required
No New or
More
Severe
Impact
a. Would the Project result in the
conversion of Prime Farmland, Unique
Farmland, or
b. Farmland of Statewide Importance, as
shown on the maps prepared pursuant to
the Farmland Mapping and Monitoring
Program of the California Resources
Agency, to non-agricultural land use?
c. Would the Project conflict with existing
zoning for agricultural use or a
Williamson Act contract?
d. Would the Project conflict with existing
zoning for, or cause rezoning of, forest
land (as defined in Public Resources Code
Section 12220(g)), or timberland zoned
Timberland Production (as defined by
Government Code Section 51104(g))?
e. Would the Project result in the loss of
forest land or conversion of forest land to
non-forest use?
f. Would the Project involve other changes
in the existing environment which, due to
their location or nature, could result in
conversion of farmland to non-
agricultural use, or conversion of forest
land to non-forest use?

4.2.1 Threshold A: Would the Project result in the conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural land use? (GP EIR Impact 5.2-1, HEU EIR Impact

4.2-1)

4.2.1.1 Approved Project Impact Analysis
Menifee General Plan EIR. As discussed in the General Plan EIR, there are State-designated farmlands in Menifee, and implementation of the buildout potential assumed under the General Plan would result in the conversion of 522 acres of existing State-designated farmland to urban development, ultimately converting all existing Prime Farmland, Farmland of Statewide Importance, and Unique Farmland within the city to non-agricultural uses. 25 The City does not have any prohibitions that prevent the transition of agricultural land uses to urban land uses. Considering the 25 The Planning Center, DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. P. 5.2-12. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1102/Ch-05-02-AG?bidId=.

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economic and regulatory constraints on the viability of agriculture in western Riverside County, it is also uncertain whether offsite mitigation within western Riverside County would be effective as a long-term mitigation strategy to offset the loss of agricultural land. Given this uncertainty of the permissibility of this method of mitigation, no offsite mitigation was identified for conversion of farmland to non-agricultural uses. Similar to the County of Riverside finding, the conversion of farmland in Menifee is considered a significant and unavoidable impact associated with implementation of the General Plan.26 Thus, development associated with and implementation of the General Plan would convert existing State-designated farmlands to non-agricultural use; therefore, impacts are considered significant and unavoidable.

Menifee Housing Element Update EIR. The Menifee Housing Element Update EIR determined that there are no candidate sites that contain unique farmland. Only one candidate housing site (Rockport Ranch Specific Plan) contains prime farmland or farmland of statewide importance but has previously been approved by the City.27 Additionally, the Housing Element, Land Use Element, and Environmental Justice Element policy updates in this component of the Approved Project would not affect Menifee’s farmland or forestry resources. Therefore, a less than significant impact would occur with implementation of the Housing Element Update.

Approved Project Mitigation Measures. No mitigation measures were identified in the Menifee General Plan EIR or the Menifee Housing Element Update EIR.

4.2.1.2 Proposed Project Impact Analysis
According to the California Department of Conservation Farmland Mapping and Monitoring Program, the Project site consists of Urban and Built-Up Land, Other Land,28 Unique Farmland, and Farmland of Local Importance covering the majority of the Project site.29 The area within the Unique Farmland designation is developed as a plant nursery. Since the parcel has been developed with an existing use, the parcel has already been converted from its designated Unique Farmland designation to a commercial use. Thus, the proposed Project would not convert Unique Farmland to a non-agricultural use. In addition, there are no areas designated as Prime Farmland within the Project area. However, areas designated as Farmland of Local Importance may be converted to non- 26 The Planning Center, DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. p. 5.2-15. September. Website: https://www.cityofmenifee.us/DocumentCenter/View/1102/Ch-05- 02-AG?bidId=.
27 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.2-9. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId= 28 Land not included in any other mapping category. Common examples include low density rural developments; brush, timber, wetland, and riparian areas not suitable for livestock grazing; confined livestock, poultry or aquaculture facilities; strip mines, borrow pits; and water bodies smaller than forty acres. Vacant and nonagricultural land surrounded on all sides by urban development and greater than 40 acres is mapped as Other Land.
29 California Department of Conservation. 2016. Farmland Mapping and Monitoring Program, San Bernardino County Data. https://maps.conservation.ca.gov/dlrp/ciff/app/ (accessed April 26, 2022).

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agricultural uses with implementation of the proposed Project. These significant and unavoidable impacts were identified and disclosed in the General Plan EIR.

Similar to the Approved Project, the proposed Project would establish a framework for future development that would be subject to compliance with updated goals, policies, and development standards of the Menifee General Plan,30 Menifee Housing Element Update, and Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. Ultimately, the proposed Project would result in similar impacts to State-designated farmlands as identified for the Approved Project, and no new or more severe environmental impacts would occur.

Proposed Project Mitigation Measures. No mitigation is required.

4.2.2 Threshold B: Would the Project conflict with existing zoning for agricultural use or a Williamson Act contract? (GP EIR Impact 5.2-2, HEU EIR Impact 4.2-2)

4.2.2.1 Approved Project Impact Analysis
In 1965, the State enacted the California Land Conservation Act, more commonly known as the Williamson Act (Government Code Section 51230 et seq.).31 The Williamson Act provides tax incentives for landowners who enter contracts with the local government for long-term use restrictions on agricultural and open space land for qualifying properties. Property owners commit their land to farming for a minimum of 10 years and, in return, receive tax benefits based on their agricultural production rather than on the property’s market value. Contracts are automatically renewed unless a notice of nonrenewal is issued.

Menifee General Plan EIR. The General Plan EIR identified 77 acres of lands (4 parcels) under Williamson Act contracts, all of which have filed nonrenewal of their contracts upon completion of their 10-year commitment. All parcels went into nonrenewal status in 2007, meaning their contracts expired on January 1, 2017. Complete development of the General Plan would not take place until 40 more years and thus would not require termination of the contracts.32 However, The General Plan was found to conflict with the Menifee zoning code as the code includes six separate designations for agriculture land while the General Plan only includes one agriculture land use designation under which all but one parcel in Menifee would be changed. Because there are agricultural zoning conflicts, this impact is considered significant and unavoidable.

Menifee Housing Element Update EIR. The Menifee Housing Element Update EIR determined that the City’s Williamson Act contracts were removed in 2007 and would therefore not apply at the time 30 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse #2012071033. Appendix C (City of Menifee General Plan Goals and Policies). September.
31 California Department of Conservation. n.d. Williamson Act Program. Website:
https://www.conservation.ca.gov/dlrp/wa (accessed May 2010). 32 The Planning Center, DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. September. p. 5.2-13. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1102/Ch-05-02-AG?bidId=.

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of the Housing Element Update. Additionally, it was found that none of the candidate sites are under a Williamson Act contract. Additionally, the Housing Element Update would facilitate future development of 8,696 dwelling units in Menifee through adoption of development provisions and standards, but it does not include direct physical development of any dwelling units. Future housing development facilitated by buildout of the Menifee Housing Element Update would be subject to compliance with updated goals, policies, and development standards of the Menifee Housing Element Update, as well as Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. Therefore, it was concluded by the Housing Element Update EIR, that because no candidate sites would be on land subject to Williamson Act contracts, no impacts would occur.33 Approved Project Mitigation Measures. No mitigation measures were identified in the Menifee General Plan EIR or the Menifee Housing Element Update EIR.

4.2.2.2 Proposed Project Impact Analysis
Although the General Plan EIR concluded properties within the City that are subject to the Williamson Act would be developed for non-agricultural uses, there are no such properties subject to Williamson Act contracts on the proposed Project site or immediate vicinity. 34 Neither the proposed Project site nor adjacent properties are zoned for agricultural use. Because the proposed Project would not result in a change to any agricultural zoning or convert land under a Williamson Act contract to a non-agricultural use, the proposed Project would not result in new or more severe environmental impacts concerning Williamson Act contracts than anticipated for the Approved Project.

Proposed Project Mitigation Measures. No mitigation is required.

4.2.3 Threshold C: Would the Project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? (GP EIR Impact 5.2-3, HEU EIR Impact 4.2-3)

4.2.3.1 Approved Project Impact Analysis
Menifee General Plan EIR. As identified in the General Plan EIR, there are no lands zoned as forest, timberland, or timberland production in Menifee; however, there are lands designated as forest vegetation in the General Plan. The vegetation includes the southern coast live oak riparian forest, southern cottonwood/willow riparian forest, and southern sycamore/alder riparian woodland.

Forest vegetation is limited and scattered throughout the city. The General Plan would change land use designations that consist of forest vegetation; however, the residential density would be unchanged. Additionally, the Western Riverside County Multiple Species Habitat Conservation Plan 33 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.2-6. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=. 34 California Department of Conservation. Williamson Act Map. 2016.

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area consists of about 34,300 acres of forests and woodlands. The General Plan EIR concluded that the potential conversion of 30 acres of forest land would not be regionally significant.35 Policies referenced in General Plan EIR Chapter 5.2 address the potential conflicts between existing farms and sensitive uses around them as existing agricultural acreage transitions to more developed land uses. These policies are detailed in the General Plan Open Space and Conservation Element.36 Upon implementation of these policies and adherence to the Municipal Code, buildout of the General Plan would not conflict with zoning for forest and timberland production in Menifee. Forest and timberland impacts would be less than significant.

Menifee Housing Element Update EIR. The Menifee Housing Element Update EIR determined that there are no candidate housing sites that are designated or zoned for forestry uses or surrounded by forest land or timberland land. The Housing Element Update would facilitate future development of 8,696 dwelling units in Menifee through adoption of development provisions and standards, but it does not include direct physical development of any dwelling units. All future dwelling units would be on sites that are zoned for residential development and economic development corridors as amended in the Land Use Element. Future housing development facilitated by buildout of the Menifee Housing Element Update would be subject to compliance with updated goals, policies, and development standards of the Menifee Housing Element Update, as well as Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. No new policies or goals were identified in the Housing Element Update. The Housing Element Update EIR concluded that no impact would occur related to forest and timberland production.

Approved Project Mitigation Measures. No mitigation measures were identified in the Menifee General Plan EIR or the Menifee Housing Element Update EIR.

4.2.3.2 Proposed Project Impact Analysis
Future development facilitated through implementation of the proposed Project would not impact forest land or timberland production. The proposed Project and adjacent lands are not zoned for forest/timberland production. Therefore, the proposed Project would not result in new or more severe environmental impacts concerning land zoned for forest/timberland production than anticipated for the Approved Project.

Proposed Project Mitigation Measures. No mitigation is required. 35 The Planning Center, DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.2-13. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1102/Ch-05-02-AG?bidId=. 36 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. Appendix C (City of Menifee General Plan Goals and Policies). September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId=.

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4.2.4 Threshold D: Would the Project result in the loss of forest land or conversion of forest land to non-forest use? (GP EIR Impact GP EIR Impact 5.2-3 and HEU EIR Impact 4.2-4)

4.2.4.1 Approved Project Impact Analysis
Menifee General Plan EIR. See discussion above for Threshold C. Implementation of the General Plan would not conflict with zoning for forest and timberland production in Menifee. Forest and timberland impacts would be less than significant. 37
Menifee Housing Element Update EIR. See discussion above for Threshold C. The Approved Project does not propose the direct modification of land within the City. Therefore, it was concluded that the Approved Project would not affect forest land and no impact would occur. 38 Approved Project Mitigation Measures. No mitigation measures were identified in the General Plan EIR and the Housing Element Update EIR for the Approved Project.

4.2.4.2 Proposed Project Impact Analysis
The proposed Project, similar to the Approved Project, does not include any physical development, but rather includes provisions that would allow for future development in accordance with designated land uses and zoning for subject properties. Future development facilitated through implementation of the proposed Project would not impact forest land or timberland production. The proposed Project and adjacent lands are not zoned for forest/timberland production. Therefore, the proposed Project would not result in new or more severe environmental impacts concerning the loss of forest land or conversion of forest land to non-forest use than anticipated for the Approved Project.

Proposed Project Mitigation Measures. No mitigation is required.

4.2.5 Threshold E: Would the Project involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland to non- agricultural use, or conversion of forest land to non-forest use? (GP EIR Impact 5.2-3 and 5.2-4, HEU EIR Impact 4.2-5)

4.2.5.1 Approved Project Impact Analysis
Menifee General Plan EIR. As identified in the General Plan EIR there are State-designated farmlands in Menifee, and implementation of the proposed Menifee Land Use Plan would result in the conversion of 522 acres of existing State-designated farmland to urban development and would ultimately convert all existing Prime Farmland, Farmland of Statewide Importance, and Unique 37 The Planning Center, DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.2-13. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1102/Ch-05-02-AG?bidId=. 38 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.2-7. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

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Farmland within the City to non-agricultural uses. 39 The City does not have any prohibitions that prevent the transition of agricultural land uses to urban land uses. Considering the economic and regulatory constraints on the viability of agriculture in western Riverside County, it is also uncertain whether offsite mitigation within western Riverside County would be effective as a long-term mitigation strategy. Given this uncertainty of the permissibility of this method of mitigation, no offsite mitigation is required here for conversion of farmland to non-agricultural uses. Similar to the County of Riverside finding, the conversion of farmland in Menifee is considered a significant and unavoidable impact of the General Plan project. 40 Thus, development and implementation of the General Plan would convert existing State-designated farmlands to non-agricultural use; therefore, impacts are considered significant and unavoidable. 41
Menifee Housing Element Update EIR. See discussions under Sections 4.2.1 through 4.2.4. The Menifee Housing Element Update EIR determined that there are no candidate sites that contain unique farmland. Only one candidate housing site (Rockport Ranch Specific Plan) contains prime farmland or farmland of statewide importance but has previously been approved by the City.42 Future housing development facilitated by build-out of the Menifee Housing Element Update would be subject to compliance with updated goals, policies, and development standards of the Menifee Housing Element Update, as well as Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. No new polices or goals were identified in the Housing Element Update. Additionally, none of the sides are zoned for agricultural use. Because the Housing Element Update would not directly modify farmland within Menifee, the EIR concluded that no impacts to agricultural or forest land resources would occur. 43 Approved Project Mitigation Measures. No mitigation measures were identified in the Menifee General Plan EIR or the Menifee Housing Element Update EIR.

4.2.5.2 Proposed Project Impact Analysis
The proposed Project site and adjacent land are not occupied by farmland or forest land. As such, implementation of the proposed Project would not involve other changes in the existing environment that could result in the conversion of farmland to non-agricultural use, or conversion 39 The Planning Center, DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.2-12. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1102/Ch-05-02-AG?bidId=. 40 The Planning Center, DC&E 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.2-15. Website: https://www.cityofmenifee.us/ DocumentCenter/View/1102/Ch-05-02-AG?bidId=.
41 The Planning Center, DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.2-14. Website: https://www.cityofmenifee.us/ DocumentCenter/View/1102/Ch-05-02-AG?bidId=.
42 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.2-9. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=. 43 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.2-7. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=

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of forest land to non-forest use. Implementation of the proposed Project would not convert more farmland and/or forest land than quantified under the Approved Project; therefore, the proposed Project would not result in new or more severe environmental impacts concerning farmland or forestland than anticipated for the Approved Project.

Proposed Project Mitigation Measures No mitigation is required.

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4.3 AIR QUALITY
Issues:

New Potentially
Significant
Impact
New
Mitigation
Required
No New or
More
Severe
Impact
a. Would the proposed Project conflict with
or obstruct implementation of the
applicable air quality plan?
b. Would the Project violate any air quality
standard or contribute substantially to an
existing or projected air quality violation?
c. Would the Project result in a cumulatively
considerable net increase of any criteria
pollutant for which the Project region is
in non-attainment under an applicable
federal or State ambient air quality
standard (including releasing emissions
which exceed quantitative thresholds for
ozone precursors)?
d. Would the proposed Project expose
sensitive receptors to substantial
pollutant concentrations?
e. Would the proposed Project result in
other emissions (such as those leading to
odors) adversely affecting a substantial
number of people?
The analysis of Project-related air quality impacts as presented in this section is based on the Air Quality and Greenhouse Gas Emissions Analysis for the Menifee General Plan Amendment (AQ/GHG Memorandum) included as Appendix A.

4.3.1 Threshold A: Would the proposed Project conflict with or obstruct implementation of the applicable air quality plan? (GP EIR Impact 5.3-1, HEU EIR Impact 4.3-1)

4.3.1.1 Approved Project Impact Analysis
Menifee General Plan EIR. The analysis in the General Plan EIR determined that implementation of the General Plan would not be consistent with the applicable Air Quality Management Plan (AQMP)44, because the projected buildout of Menifee and associated construction and operational activities would result in a cumulative contribution to the nonattainment status of ozone (O3) (due to volatile organic compound [VOC] and nitrogen oxides [NOX] emissions), carbon monoxide (CO), particulate matter equal to or less than 10 microns in diameter (PM10) and particulate matter equal to or less than 2.5 microns in diameter (PM2.5) pollutants within the South Coast Air Basin.

Additionally, growth beyond 2035 associated with the buildout of the General Plan was not included in the regional emissions inventory at the time. Therefore, the proposed project was determined to be inconsistent with the AQMP, resulting in a significant unavoidable impact. Impacts would also be the same under the Expanded EDC Scenario, requiring future projects as a result of the General Plan 44 South Coast Air Quality Management District. 2012. Air Quality Management Plan. December 7.

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to adhere to Mitigation Measure 3-1 of the General Plan EIR.45 Goals and policies referenced in General Plan EIR Chapter 5.1 give substantial consideration to reduce impacts to air quality at the local level by minimizing pollution and particulate matter. These policies are detailed in the General Plan Open Space and Conservation Element. 46
Menifee Housing Element Update EIR The Approved Housing Element Update 2021–2029 (HEU) component does not include any physical changes to the city that could have an immediate impact on Menifee’s air quality or regional air quality. Rather, the HEU recommends a number of regulatory adjustments to the City's General Plan.47 The HEU components, therefore, do not modify the adopted air quality plans or directly conflict with the established air quality standards adopted for both Menifee and the region. Additionally, the updated goals and policies from the Housing Element, Land Use Element, and Environmental Justice Element additions would maintain the potential impacts to a level of less than significant as concluded in the Housing Element Update Final Program Environmental Impact Report (HEU EIR). The proposed policies for the safety element update include:

Goal S-7:A community that has protected its sensitive structures, functions, and populations from the risks associated with climate change.

Policy S-7.1: Continue to require environmental analysis for proposed projects which may produce harmful levels of greenhouse gas.

Policy S-7.4:Promote alternative forms of energy production such as solar or wind power.

Approved Project Mitigation Measures
GP EIR 3-1If, during subsequent project-level environmental review, construction-related criteria air pollutants are determined to have the potential to exceed the South Coast Air Quality Management District (SCAQMD) adopted thresholds of significance, the City of Menifee Community Development Department shall require that applicants for new development projects incorporate mitigation measures as identified in the CEQA document prepared for the project to reduce air pollutant emissions during construction activities. Mitigation measures that may be identified during the environmental review include, but are not limited to:
45 The Planning Center, DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.3-14. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1103/Ch-05-03-AQ?bidId=. 46 The Planning Center and DC&E. Menifee General Plan Draft Environmental Impact Report. State Clearinghouse #2012071033. Appendix C (City of Menifee General Plan Goals and Policies). September 2013. https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId= 47 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.3-17 to 4.3-18. June.

Website: https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

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•Requiring fugitive dust control measures that exceed SCAQMD’s Rule 403, such as:
○Requiring use of nontoxic soil stabilizers to reduce wind erosion. ○Applying water every four hours to active soil-disturbing activities. ○Tarping and/or maintaining a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials.
•Using construction equipment rated by the United States Environmental Protection Agency as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emission limits, applicable for engines between 50 and 750 horsepower.
•Ensuring construction equipment is properly serviced and maintained to the manufacturer’s standards.
•Limiting nonessential idling of construction equipment to no more than five consecutive minutes.
•Using Super-Compliant VOC paints for coating of architectural surfaces whenever possible. A list of Super-Compliant architectural coating manufactures can be found on the SCAQMD’s website at: https://www.aqmd.gov/home/rules- compliance/compliance/vocs/architectural-coatings/super-compliant-coatings.

4.3.1.2 Proposed Project Impact Analysis
The proposed City of Menifee General Plan Amendment and Change of Zone Addendum Project (Project), similar to the Menifee General Plan and the 2021–2029 Housing Element Update (Approved Project), does not propose any physical development, but rather provisions that would allow for future development in accordance with designated land uses and zoning for subject properties.

The existing setting of the Project site is mostly vacant/undeveloped with the exception of a self- storage facility, plant nursery, and a parking lot. The proposed Project would update the definition of the Business Park (BP) land use designation to remove distribution-related warehouse uses as permitted uses within BP designated land in Menifee. Furthermore, the proposed land use amendment and change of zone of 533.87 acres of Economic Development Corridor – Southern Gateway (EDC-SG) land to Economic Development Corridor – Community Core (EDC-CC) land in the southern portion of Menifee would serve to establish consistency between these parcels pursuant to California Government Code Section 65860.

The proposed Project would change the approved mix of land uses related to residential from 10 percent to 20 percent, commercial retail from 10 percent to 30 percent, commercial office from 10 percent to 40 percent, and business park from 70 percent to 10 percent. The AQ/GHG Memorandum prepared for the proposed Project includes an air quality analysis using the California

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Emissions Estimator Model (CalEEMod), a statewide land use emissions model, to quantify potential air emissions from the buildout of the proposed Project. Tables 4.A and 4.B include the long-term regional operational emissions of both the EDC-SG (Existing) land uses and proposed Project land use.

Table 4.A: Long-Term Regional Operational Emissions – EDC-SG (Existing) Pollutant Emissions, lbs/day
Category
ROG NOX CO SOX PM10 PM2.5
Area Sources 197 1 98 <1 <1 <1
Energy Sources 1 10 7 <1 <1 <1
Mobile Sources 354 514 3,668 9 887 241
Total Project Emissions 552 525 3,773 9 887 241
SCAQMD Thresholds 55 55 550 150 150 55
Source: Air Quality and Greenhouse Gas Emissions Analysis for the Menifee General Plan Amendment (LSA Associates, Inc. 2022b) (Appendix A).
lbs/day = pounds per day
ROG = reactive organic gases
NOX = nitrogen oxides
CO = carbon monoxide
SOX = sulfur oxides
PM10- = particulate matter equal to or less than 10 microns in diameter PM2.5 = particulate matter equal to or less than 2.5 microns in diameter SCAQMD = South Coast Air Quality Management District
Table 4.B: Long-Term Regional Operational Emissions – Proposed Project Land Uses Pollutant Emissions, lbs/day
Category
ROG NOX CO SOX PM10 PM2.5
Area Sources 185 2 194 <1 1 1
Energy Sources 2 14 8 <1 1 1
Mobile Sources 337 482 3,437 8 827 225
Total Project Emissions 523 498 3,639 8 829 227
Emissions Differences from the EDC-SG (Existing) Uses -29 -27 -134 -1 -58 -14 SCAQMD Thresholds 55 55 550 150 150 55
Source: Air Quality and Greenhouse Gas Emissions Analysis for the Menifee General Plan Amendment (LSA Associates, Inc. 2022b) (Appendix A).

ROG = reactive organic gases
NOX = nitrogen oxides
CO = carbon monoxide
SOX = sulfur oxides
PM10- = particulate matter equal to or less than 10 microns in diameter PM2.5 = particulate matter equal to or less than 2.5 microns in diameter EDC-SG = Economic Development Corridor – Southern Gateway SCAQMD = South Coast Air Quality Management District

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Based on the results of the CalEEMod analysis, the land use assumptions of the proposed Project would result in fewer emissions compared to the EDC-SG (Existing) designations. This includes fewer emissions in reactive organic gases, NOX, CO, sulfur oxides (SOX), PM10, and PM2.5.

Additionally, there is a current imbalance of the jobs-to-housing ratio such that Menifee sees a significant net outflow of workers commuting to work locations in other communities.48 The Menifee office market continues to grow related to population growth in the region, and the vacancy rate is very low at 1.4 percent.49 The State’s population growth has declined -0.4 percent with Riverside County’s population growth at 3 percent while Menifee’s population has grown 18 percent.50 The South Riverside County Industrial Submarket has approximately 1.7 million square feet (sf) of flex industrial inventory, with Menifee having approximately 2,400 sf of this share.

Workers who live in Menifee are primarily employed in the health care, accommodation/food service, education, retail trade, and construction sectors51 and approximately 50 percent of these residents work in office-related industries52 while 53 percent of employees (from other communities) who work in Menifee work in office-related industries. Thus, the proposed Project would provide a balance of jobs to residents of Menifee with both the expected population growth and job market. A balanced jobs-to-housing ratio contributes to the reduction in regional vehicle miles traveled and greenhouse gas (GHG) emissions identified in the Southern California Association of Governments Regional Transportation Plan and AQMP. Additionally, Menifee’s shortest drive times include uses along the freeway corridor in the EDC-CC.53 Therefore, with the proposed Project increasing commercial retail and commercial office uses in conjunction with residential development potential by converting 533.87 acres of EDC-SG to EDC-CC, the project is contributing toward a balanced jobs-to-housing ratio in Menifee so that residents would not have to travel far to work. A balanced jobs-to-housing ratio contributes to the reduction in regional vehicle miles traveled and GHG emissions, which is consistent with the goals of the AQMP. However, as shown in Table 4.B, emissions associated with the project would continue to exceed the SCAQMD thresholds, the proposed project would also not be consistent with the AQMP because, as identified in the GP EIR, air pollutant emissions would cumulatively contribute to the non-attainment designations in the Air Basin.

The HEU EIR analyzes a narrow development (only residential) of the Approved Project, whereas the GP EIR analyzes all potential buildout of Menifee. Therefore, the General Plan EIR considers impacts from not only residential development but also commercial and industrial development. Since the proposed Project would facilitate not only residential development but also commercial and industrial development potential under the proposed EDC-CC land use and zoning designation, potential impacts would be encompassed in the findings of the General Plan EIR. 48 Kosmont Companies. 2022. City of Menifee Office Market Analyses. p. 14. August. 49 Ibid. p. 20.
50 Ibid. p. 10.
51 Ibid. p. 6, 13, and 16.
52 Ibid. p. 16.
53 Ibid. p. 8.

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Although the proposed Project would have fewer impacts to air quality compared to the Approved Project and the EDC-SG (Existing) land uses, the proposed Project would still have significant and unavoidable impacts related to consistency with the AQMP.

Like the Approved Project, the proposed Project would establish a framework for future development that would be subject to compliance with updated goals, policies, and development standards of the Menifee General Plan,54 Menifee Housing Element Update, and Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. These goals and policies include Goal S-7, Policy S-7.1, and Goal S-

7.4. Consistent with the Approved Project, the proposed Project would implement Mitigation Measure 3-1, as prescribed in the General Plan EIR, to further reduce emissions of criteria pollutants from implementation of future development under the proposed land use designations associated with the proposed Project. Therefore, to a lesser degree than the Approved Project, the proposed Project would result in significant and unavoidable impacts. Nevertheless, the proposed Project would not result in new or more severe environmental impacts concerning compliance with an applicable AQMP than anticipated for the Approved Project.

Proposed Project Mitigation Measures. Implementation of GP EIR Mitigation Measure 3-1. No new modified Project-specific mitigation is required.

No new Mitigation Measures are required.

4.3.2 Threshold B: Would the Project violate any air quality standard or contribute substantially to an existing or projected air quality violation; or result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is in non-attainment under an applicable federal or State ambient air quality standard? (GP EIR Impact 5.3-2, HEU EIR Impact 4.3-2)

4.3.2.1 Approved Project Impact Analysis
Menifee General Plan EIR. The GP EIR determined that construction activities associated with development anticipated under the General Plan would take place over the buildout horizon of the General Plan and cause long-term emissions of criteria air pollutants that would exceed SCAQMD thresholds.55 Consequently, construction and operation-related air quality impacts associated with development in accordance with the General Plan are deemed to be significant and unavoidable. 54 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. Appendix C (City of Menifee General Plan Goals and Policies). September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId=. 55 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. pp. 5.3-16 to 5.3-17. September. Website: https://www.cityofmenifee.us/ DocumentCenter/View/1103/Ch-05-03-AQ?bidId=.

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Mitigation Measure 3-1, in the General Plan EIR was recommended. Impacts would be the same under the Expanded EDC Scenario.56
Menifee Housing Element Update EIR. The Menifee Housing Element Update EIR determined that the HEU would not directly propose the development of additional housing units within Menifee.

The HEU would facilitate future development of 8,696 dwelling units in Menifee through adoption of development provisions and standards, but it does not include direct physical development of any dwelling units. Future housing development facilitated by buildout of the Menifee HEU would be subject to compliance with updated goals, policies, and development standards of the Menifee HEU as well as Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses.

Considering these requirements, the HEU EIR found that the future 8,696 dwelling units facilitated by the Approved HEU component may result in a cumulatively considerable net increase of a criteria pollutant for which the Air Basin is in nonattainment under an applicable federal or State ambient air quality standard. Therefore, mitigation was identified that would minimize potential emissions by future development facilitated by the HEU. Once implemented, the HEU EIR concluded that Mitigation Measure MM AQ-1 would reduce this impact to less than significant levels.57 Approved Project Mitigation Measures. GP EIR 3-1Same as Threshold A, above.

HEU EIR AQ-1 Prior to the issuance of grading permits for future housing development facilitated by the Project, the City shall confirm that the Grading Plan, Building Plans and Specifications require all construction contractors to comply with any SCAQMD standards designed to minimize construction emissions of criteria pollutants including O3, PM10, and PM2.5. Applicable standards include those regarding dust and particulates (rules 402 and 403). The measures include, but are not limited to, the following:
•Portions of a construction site to remain inactive longer than a period of three months will be seeded and watered until grass cover is grown or otherwise stabilized.
•All on-site roads will be paved as soon as feasible or watered periodically or chemically stabilized.
•All material transported off-site will be either sufficiently watered or securely covered to prevent excessive amounts of dust.
56 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. p. 5.3-17.
57 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. pp. 4.3-18 to 4.3-20. June.

Website: https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

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•The area disturbed by clearing, grading, earthmoving, or excavation operations will be minimized at all times.
•Where vehicles leave a construction site and enter adjacent public streets, the streets will be swept daily or washed down at the end of the workday to remove soil tracked onto the paved surface.

4.3.2.2 Proposed Project Impact Analysis
As discussed in Section 4.3 threshold (a) above, the AQ/GHG Memorandum determined that the proposed Project would have has less pollutant emissions related to long-term regional operational emissions. This includes fewer emissions of VOC, NOX, CO, SOX, PM10, and PM2.5 (see Table 4.A and Table 4.B).

Additionally, with the proposed Project increasing commercial retail and commercial office uses in conjunction with residential development potential by converting 533.87 acres of EDC-SG to EDC- CC, the proposed project is contributing toward a balanced jobs-to-housing ratio in Menifee so that residents would not have to travel far to work, reducing vehicle miles travel, which reduces mobile source emissions.

Similar to the Approved Project, the proposed Project would establish a framework for future development that would be subject to compliance with updated goals, policies, and development standards of the Menifee General Plan,58 Menifee HEU, and Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. These goals and policies include Goal S-7, Policy S-7.1, and Goal S-7.4, as detailed in Section 4.3.1.1.

Consistent with the General Plan EIR findings, development associated with the proposed Project could exceed the relevant SCAQMD thresholds. As identified in Table 4.B, the proposed Project would not result in an increase in emissions over those identified for the EDC-SG; therefore, the emissions that would result due to the proposed Project are included in the estimated emissions reported and evaluated in the GP EIR. The City would continue to implement Mitigation Measure MM AQ-1; however, impacts would remain significant and unavoidable consistent with the analysis in the GP EIR.

Thus, consistent with the Approved Project, the proposed Project would implement Mitigation Measure 3-1, as prescribed in the GP EIR, and Mitigation Measure MM AQ-1, as prescribed by the HEU EIR, to help reduce emissions of criteria pollutants from implementation of future development under the proposed land use designations associated with the proposed Project. As detailed in Table

4.B above, implementation of the proposed Project would result in fewer emissions of criteria pollutants compared to the Approved Project. Although the proposed Project would continue to result in significant and unavoidable impacts related to long-term operational emissions of criteria pollutants, the proposed Project would not result in new or more severe environmental impacts 58 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. Appendix C (City of Menifee General Plan Goals and Policies). September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId=.

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concerning violation of air quality standards or cumulatively considerable emissions than anticipated for the Approved Project.

Proposed Project Mitigation Measures. Implementation of GP EIR Mitigation Measure 3-1, and HEU EIR Mitigation Measure AQ-1. No new modified Project-specific mitigation is required.

4.3.3 Threshold C: Would the Project result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is in non-attainment under an applicable federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (GP EIR Impact 5.3-2 5.3- 3, HEU EIR Impact 4.3-2)
Menifee General Plan EIR. The General Plan component includes the planned development of residential, institutional, commercial, office, and industrial uses within developed and undeveloped portions of Menifee. Menifee includes several permitted sources of air pollution that are regulated by SCAQMD. For these permitted sources, it is assumed no changes would occur to these facilities as part of the General Plan.59
However, determined by the GP EIR, buildout of the General Plan, and Menifee with the Expanded EDC, would generate long-term emissions that exceed the daily SCAQMD thresholds for all criteria pollutants except for sulfur dioxide (SO 2). Therefore, the GP EIR concluded operational-related air quality impacts associated with future development of the proposed General Plan are significant and unavoidable. 60
Menifee Housing Element Update EIR. The HEU component does not propose any development; however, the HEU facilitates future housing development consistent with State housing laws. The candidate housing sites were evaluated in this EIR at a programmatic level, as discussed above. As a result, no air modeling was conducted for this analysis.61 Therefore, the EIR concluded that impacts would be less than significant.62
Approved Project Mitigation Measures. GP EIR 3-1 was found to be required for the General Plan component of the Approved Project (see Threshold A, above). No mitigation measure was identified in the HEU EIR for the HEU component of the Approved Project. 59 The Planning Center, DC&E. The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. p. 5.3-17. September. Website: https://www.cityofmenifee.us/ DocumentCenter/View/1103/Ch-05-03-AQ?bidId=.
60 The Planning Center, DC&E. The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. p. 5.3-18. September. Website: https://www.cityofmenifee.us/ DocumentCenter/View/1103/Ch-05-03-AQ?bidId=.
61 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. pp. 4.3-19 to 4.3-20. June.

Website: https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=. 62 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.3-21. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

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4.3.3.2 Proposed Project Impact Analysis
Same discussion above in thresholds (a) and (b). The proposed project would result in fewer air emissions relating to long-term regional operational emissions compared to the Approved Project but would still result in a significant and unavoidable impact with implementation of the proposed project.

Thus, consistent with the Approved Project, the proposed Project would implement Mitigation Measure 3-1, as prescribed in the GP EIR, to help reduce emissions of criteria pollutants from implementation of future development under the proposed EDC-CC land use designations associated with the proposed Project. As detailed in Table 4.B above, implementation of the proposed Project would result in fewer emissions of criteria pollutants compared to the Approved Project. Although the proposed Project would continue to result in significant and unavoidable impacts related to long-term operational emissions of criteria pollutants, the proposed Project would not result in new or more severe environmental impacts concerning a net increase in cumulatively considerable emissions than anticipated for the Approved Project.

Proposed Project Mitigation Measures. Implementation of GP EIR Mitigation Measure 3-1. No new modified Project-specific mitigation is required.

4.3.4 Threshold D: Would the proposed Project expose sensitive receptors to substantial pollutant concentrations? (GP EIR Impact 5.3-4, GP EIR Impact 5.3-5, and HEU EIR Impact 4.3-4)

4.3.4.1 Approved Project Impact Analysis
Menifee General Plan EIR. The GP EIR indicated that Policy OSC 9.2, which calls for adding buffer zones between sensitive land uses and air pollutant emission sources, would maintain the level of impacts for future development projects to the extent feasible. However, in the absence of mitigation, it was determined that sensitive receptors could potentially be exposed to substantial pollutant concentrations near major sources of air pollutants. Additionally, it was concluded that operation of new development and truck idling within Menifee from buildout of the General Plan could expose sensitive receptors to substantial toxic air contaminant concentrations. Air quality impacts from placement of sensitive uses near major pollutant sources were concluded in the GP EIR to be considered significant and unavoidable. Impacts would be similar for the Expanded EDC Scenario.63 Mitigation measures GP EIR 3-2 and GP EIR 3-3 are identified in the GP EIR to reduce pollutant concentrations.

Menifee Housing Element Update EIR. The candidate housing sites were evaluated in the HEU EIR at a programmatic level, as discussed above. As a result, no air modeling was conducted for this analysis. 64 Additionally, the HEU component of the Approved Project would include additional 63 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. p. 5.3-18. September. Website: https://www.cityofmenifee.us/DocumentCenter/ View/1103/Ch-05-03-AQ?bidId=.
64 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.3-20. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

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Safety Element policies to deter potential negative air quality effects associated with increased fuel combustion. These proposed policies include Policy S-7.1 and Policy S-7.4, as detailed in Section

4.3.1.1. Considering these requirements, future development on candidate housing sites would not expose sensitive receptors to substantial pollutant concentrations. Therefore, the EIR concluded that impacts would be less than significant. 65
Approved Project Mitigation Measures. GP EIR identified mitigation measure GP EIR 3-2 to be required as part of the General Plan component of the Approved Project.

GP EIR 3-2The City shall require project applicants for residential or residential mixed-use projects within: 1) 1,000 feet from the truck bays of an existing distribution centers that accommodate more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units, or where transport refrigeration unit operations exceed 300 hours per week; 2) 1,000 feet of an industrial facility which emits toxic air contaminants; or 3) 500 feet of Interstate 215 (I-215) to submit a health risk assessment (HRA) prepared in accordance with policies and procedures of the state Office of Environmental Health Hazard Assessment (OEHHA) and the South Coast Air Quality Management District (SCAQMD).

The HRA shall be submitted to the Community Development Director or designee prior to approval of any future discretionary residential or residential mixed-use project. If the HRA shows that the incremental cancer risk exceeds one in one hundred thousand (1.0E-05), the appropriate noncancer hazard index exceeds 1.0, or if the PM10 or PM2.5 ambient air quality standard increment exceeds 2.5 µg/m3, the HRA shall identify the level of high-efficiency Minimum Efficiency Reporting Value (MERV) filter required to reduce indoor air concentrations of pollutants to achieve the cancer and/or noncancer threshold.

The applicant shall be required to install high efficiency MERV filters in the intake of residential ventilation systems, consistent with the recommendations of the HRA.

Heating, air conditioning and ventilation (HVAC) systems shall be installed with a fan unit power designed to force air through the MERV filter. To ensure long-term maintenance and replacement of the MERV filters in the individual units, the following shall occur:
a. Developer, sale, and/or rental representative shall provide notification to all affected tenants/residents of the potential health risk for affected units. b. For rental units, the owner/property manager shall maintain and replace MERV filters in accordance with the manufacture’s recommendations. The property 65 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.3-21. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

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owner shall inform renters of increased risk of exposure to diesel particulates when windows are open.
c. For residential owned units, the Homeowner’s Association (HOA) shall incorporate requirements for long-term maintenance in the Covenant Conditions and Restrictions and inform homeowners of their responsibility to maintain the MERV filter in accordance with the manufacturer’s recommendations. The HOA shall inform homeowners of increased risk of exposure to diesel particulates when windows are open. d) Outdoor active-use public recreational areas associated with development projects shall be located more than 500 feet from the nearest lane of traffic on the I-215 unless risk are below the thresholds identified above.

GP EIR 3-3New industrial or warehousing land uses that 1) have the potential to generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel- powered transport refrigeration units (TRUs), and 2) are located within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use, shall submit a health risk assessment (HRA) to the City of Menifee Community Development Department prior to future discretionary project approval. The HRA shall be prepared in accordance with policies and procedures of the state Office of Environmental Health Hazard Assessment and the South Coast Air Quality Management District. If the HRA shows that the incremental cancer risk exceeds one in one hundred thousand (1.0E-05), the appropriate noncancer hazard index exceeds 1.0, or if the PM10 or PM2.5 ambient air quality standard increment exceeds 2.5 μg/m3 the applicant will be required to identify and demonstrate that Best Available Control Technologies for Toxics (T-BACTs) are capable of reducing potential cancer and noncancer risks to an acceptable level, including appropriate enforcement mechanisms. T-BACTs may include, but are not limited to, restricting idling onsite or electrifying warehousing docks to reduce diesel particulate matter, or requiring use of newer equipment and/or vehicles. TBACTs identified in the HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan.

No mitigation measures were identified in the HEU EIR for the Approved Project.

4.3.4.2 Proposed Project Impact Analysis
The proposed Project, similar to the Approved Project, does not include any physical development, but rather includes provisions that would allow for future development in accordance with designated land uses and zoning for subject properties. The proposed Project would update the definition of the BP land use designation to prohibit distribution-related warehouse uses within BP designated land in Menifee. Furthermore, the proposed land use amendment and change of zone of 533.87 acres of EDC-SG land to EDC-CC land in the southern portion of Menifee would facilitate an additional 53 acres of the project site to be developed with residential uses and serve to establish consistency between these parcels pursuant to California Government Code Section 65860. As

GE N E R A L PL A N AM E N D M E N T A N D CH A N G E O F ZO N E PR O J E C T

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detailed above in Table 4.B, the proposed Project would result in fewer air emissions related to long- term operation compared to the EDC-SG (Existing) land uses, but would still result in a significant and unavoidable impact with implementation of the proposed Project.

Similar to the Approved Project, the proposed Project would establish a framework for future development that would be subject to compliance with updated goals, policies, and development standards of the Menifee General Plan,66 Menifee Housing Element Update, and Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. These goals and policies include Goal S-7, Policy S-7.1, Policy S-7.4, and Policy OSC-9.2.

Future development facilitated through implementation of the proposed Project could result in exposing sensitive receptors to substantial pollutant concentrations. As mentioned above, the HEU EIR analyzes a narrow development (only residential) of the Approved Project while the GP EIR analyzes all potential buildout of Menifee. Therefore, the General Plan EIR considers impacts from not only residential development but also commercial and industrial development. Since the proposed Project would facilitate not only residential development but also commercial and industrial development potential under the proposed EDC-CC land use and zoning designation, potential impacts would be encompassed in the findings of the General Plan EIR.

Thus, consistent with the Approved Project, the proposed Project would implement Mitigation Measure 3-2 and Mitigation Measure 3-3, as prescribed in the General Plan EIR, to help reduce emissions of criteria pollutants from implementation of future development under the proposed EDC-CC land use designations associated with the proposed Project. Therefore, in a similar manner as the Approved Project, the proposed Project would result in a significant and avoidable impact related to exposure of sensitive receptors to substantial pollutant concentrations. However, the proposed Project would not result in new or more severe environmental impacts related to exposure of sensitive receptors to air pollution than anticipated for the Approved Project.

Proposed Project Mitigation Measures. Implementation of GP EIR Mitigation Measure 3-2 and GP EIR Mitigation Measure 3-3. No new proposed Project-specific mitigation is required.

4.3.5 Threshold E: Would the proposed Project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? (GP EIR Impact

5.3-6, HEU EIR Impact 4.3-5)

4.3.5.1 Approved Project Impact Analysis
Menifee General Plan EIR. Buildout of Menifee could generate new sources of odors. The General Plan would place sensitive receptors near existing sources of odors. Construction activities would temporarily generate odors. However, as determined in the GP EIR, by the time odors reach any sensitive receptors, they would be diluted to well below any level of air quality concern.

Furthermore, short-term construction-related odors are expected to cease upon the drying or 66 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. Appendix C (City of Menifee General Plan Goals and Policies). September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId=.

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hardening of the odor-producing materials. Thus, Mitigation Measure GP EIR 3-4 was determined to be implemented to develop project specific odor management plans for future development to reduce odors within Menifee. Therefore, impacts associated with construction-generated odors are considered by the GP EIR to be less than significant with mitigation. Impacts would be the same under the Expanded EDC Scenario. 67
Menifee Housing Element Update EIR. The Approved HEU component would not include any of the land uses that have been identified by the SCAQMD as odor sources (farming, livestock, wastewater facilities, dairies, landfills chemical plants). However, future housing development facilitated by the Approved Project could result in odors. These odors were determined to be generated from vehicles and equipment exhaust emissions during construction. 68 Therefore, the HEU was identified on not creating objectionable odors and a less than significant impact would occur.

Approved Project Mitigation Measures.

GP EIR 3-4If it is determined during project-level environmental review that a project has the potential to emit nuisance odors beyond the property line, an odor management plan may be required, subject to Community Development Director or designee review. Facilities that have the potential to generate nuisance odors include but are not limited to:
•Wastewater treatment plants
•Composting, greenwaste, or recycling facilities
•Fiberglass manufacturing facilities
•Painting/coating operations
•Large-capacity coffee roasters
•Food-processing facilities
If an Odor Management Plan is determined to be required through CEQA review, the City shall require the project applicant to submit the plan prior to approval to ensure compliance with the South Coast Air Quality Management District’s Rule 402, for nuisance odors. If applicable, the Odor Management Plan shall identify the best available control technologies for toxics (T-BACTs) that will be utilized to reduce potential odors to acceptable levels, including appropriate enforcement mechanisms. T-BACTs may include but are not limited to scrubbers (e.g., air pollution control devices) at the industrial facility. T-BACTs identified in the Odor Management Plan shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan.
67 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. p. 5.3-22. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1103/Ch-05-03-AQ?bidId=. 68 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.3-22. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

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4.3.5.2 Proposed Project Impact Analysis
As detailed above in Table 4.B, the proposed Project would result in fewer air emissions related to long-term operation emissions compared to the EDC-SG (Existing) land uses but would still result in a significant and unavoidable impact with implementation of the proposed Project. Similar to the Approved Project, the proposed Project would establish a framework for future development that would be subject to compliance with updated goals, policies, and development standards of the Menifee General Plan,69 Menifee Housing Element Update, and Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. These goals and policies include Goal S-7, Policy S-7.1, and Policy S-7.4, as detailed in Section 4.3.1.1 and Policy OSC-9.2.

However, future development facilitated through implementation of the proposed Project could result in generating odors that could affect people. As mentioned above, the HEU EIR analyzes a narrow development (only residential) of the Approved Project while the General Plan EIR analyzes all potential buildout of Menifee. Therefore, the General Plan EIR considers impacts from not only residential development but also commercial and industrial development. Since the proposed Project would facilitate not only residential development but also commercial and industrial development potential under the proposed EDC-CC land use and zoning designation, potential impacts would be encompassed in the findings of the GP EIR.

Thus, consistent with the Approved Project, the proposed Project would implement Mitigation Measure 3-4, as prescribed in the GP EIR, to help reduce odor emissions as a result of future development under the proposed EDC-CC land use designations associated with the proposed Project. As future development applications are proposed, discretionary projects would be subject to design review pursuant to Title 9 (Planning and Zoning) of the City Municipal Code in conjunction with site specific evaluation pursuant to CEQA, the goals and policies listed in General Plan EIR and HEU EIR to evaluate site-specific development proposals relative to off-site land uses. Therefore, in a similar manner as the Approved Project, the proposed Project would result in a less than significant impact with mitigation and result in no new or more severe environmental impacts related to objectionable odors than anticipated for the Approved Project.

Proposed Project Mitigation Measures. Implementation of GP EIR Mitigation Measure 3-4. No new modified Project-specific mitigation is required.
69 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. Appendix C (City of Menifee General Plan Goals and Policies). September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId=.

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4.4 BIOLOGICAL RESOURCES
Issues:

New Potentially
Significant
Impact
New
Mitigation
Required
No New or
More
Severe
Impact
a. Would the proposed Project have a
substantial adverse effect, either directly
or through habitat modifications, on any
species identified as a candidate,
sensitive, or special-status species in local
or regional plans, policies, or regulations,
or by the California Department of Fish
and Wildlife or U.S. Fish and Wildlife
Service?
b. Would the proposed Project have a
substantial adverse effect on any riparian
habitat or other sensitive natural
community identified in local or regional
plans, policies, or regulations, or by the
California Department of Fish and Wildlife
or U.S. Fish and Wildlife Service?
c. Would the proposed Project 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?
d. Would the proposed Project Interfere
substantially with the movement of any
native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors,
or impede the use of native nursery sites?
e. Would the proposed Project Conflict with
any local policies or ordinances protecting
biological resources, such as a tree
preservation policy or ordinance?
f. Would the proposed Project Conflict with
the provisions of an adopted Habitat
Conservation Plan, Natural Community
Conservation Plan, or other approved
local, regional, or state habitat
conservation plan?

GE N E R A L PL A N AM E N D M E N T A N D CH A N G E O F ZO N E PR O J E C T

ME N I F E E, CA L I F O R N I A

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4.4.1 Threshold A: Would the proposed Project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? (GP EIR Impact 5.3-1 and HEU EIR Impact 4.4-1)

4.4.1.1 Approved Project Impact Analysis
Menifee General Plan EIR. The General Plan EIR analyzed impacts to special status species and their habitat with the following assumptions:70
•Any area with a proposed land use designation of Residential (except for Rural Mountainous); Commercial Retail; Commercial Office; Heavy Industrial; Business Park; Economic Development Corridor; and Specific Plan areas were considered impacted throughout the land use area, with a potential for the future complete loss of all biological resources not protected under existing regulations. Areas proposed for Rural Mountainous and RR5 (Rural Residential, 5-acre minimum) designations are expected to leave a portion of the area in a natural state due to steep slope development restrictions, as described in the General Plan. 71 •Areas adjacent to any Residential, Commercial, Office, Industrial, Business Park, and Economic Development Corridor were assumed to be adversely affected by potential development due to increased noise, lighting, traffic, and nonpermeable surface area, and in the case of potential residential development, the introduction of domestic animals.

At full General Plan buildout, currently undeveloped areas of Menifee would have urban uses. The General Plan EIR found that projected buildout would have direct and indirect impacts on biological resources within the city. The following potential impacts were identified for project-specific development that could occur with implementation of the General Plan: 72 •Direct loss of sensitive plants and/or communities from construction activities •Direct loss or disturbance of sensitive wildlife species from construction activities 70 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.4-59. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1104/Ch-05-04-BIO?bidId=. 71 The Rural Mountainous (RM) designation has a maximum permitted density of 1 residential unit per 10 acres; 464 acres are designated RM in the proposed General Plan. The proposed General Plan has 4 Rural Residential (RR) designations, with permitted densities ranging from 1 unit per 5 acres (RR5) to 1 unit per

0.5 acre (RR1/2). A 100-foot-wide fuel modification zone surrounding a residence with a footprint of 3,600 square feet (60 x 60 feet) is 1.55 acres in area. Thus, of the 4 Rural Residential designations, only the RR5 designation would potentially leave the majority of lots so designated in a natural state. The proposed General Plan designates 663 acres as RR5.
72 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. p. 5.4-17. Website: https://www.cityofmenifee.us/DocumentCenter/View/1104/Ch-05-04- BIO?bidId=.

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•Wildlife disturbance caused by the presence of humans, domestic animals, and vehicles adjacent to directly impacted areas
•Artificial lighting that alters nocturnal wildlife activity •Alterations in the natural landscape with the placement of impermeable surfaces •Increased urban runoff, potentially containing herbicides, fungicides, pesticides, and fertilizer required to maintain turf and landscaping
•Increased habitat fragmentation with a potential corresponding decrease in species diversity and abundance
Future projects proposed within Menifee are required to comply with the reserve assembly provisions as well as the provisions in Sections 6.1.2, 6.1.3, 6.3.2, and 6.1.4 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). The implementation of the MSHCP at the project-specific level would minimize impacts of future projects proposed in accordance with the General Plan. 73 Open Space and Conservation Element policies listed in GP EIR Chapter 5.4 give substantial consideration to the protection of biological resources, especially sensitive and special status wildlife species and their natural habitats. Mitigation Measure GP EIR 4-1, which requires a habitat assessment to be prepared by a qualified biologist for future projects facilitated by the General Plan buildout, was also identified in the EIR to reduce impacts.

Upon implementation of these policies and adherence to the Municipal Code and incorporation of mitigation measures, build-out of the General Plan would not substantially degrade biological resources in Menifee, or otherwise result in adverse effects to special-status species. Therefore, impacts would be less than significant with mitigation incorporated.

Menifee Housing Element Update EIR. The Housing Element Update Final Program Environmental Impact Report (HEU EIR) identified the possibility of direct impacts to special status wildlife and plant species on undeveloped candidate housing sites through land development activities such as grading. Additionally, construction may result in indirect impacts to special status wildlife and plant species through excessive noise, lighting, and runoff. The Menifee HEU would facilitate future development of 8,696 dwelling units in Menifee through adoption of development provisions and standards, but it does not include direct physical development of any dwelling units. Future housing development facilitated by buildout of the Menifee HEU would be subject to compliance with updated goals, policies, and development standards of the Menifee HEU as well as Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. Compliance with the General Plan Open Space Element Policy OSC-

8.5 would also be required. With compliance with updated goals, policies, and development 73 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. pp. 5.4-60 to 5.4-61. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1104/Ch-05-04-BIO?bidId=.

GE N E R A L PL A N AM E N D M E N T A N D CH A N G E O F ZO N E PR O J E C T

ME N I F E E, CA L I F O R N I A

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standards of the Menifee Housing Element Update, as well as Title 9 (Planning and Zoning) of the City Municipal Code of the General Plan, impacts were found to be less than significant.74 Approved Project Mitigation Measures. The following mitigation measure was identified in the General Plan EIR; no mitigation measures were identified in the HEU EIR.

GP EIR 4-1Prior to project approvals, project applicants shall have a habitat assessment prepared by a qualified biologist for projects on undeveloped sites. The habitat assessment report shall be submitted to the City of Menifee Community Development Department prior to project approvals.
•If the findings of the habitat assessment show no sensitive species or suitable habitat occur on site, then no additional surveys or mitigation measures are required.
•If the potential for sensitive species exist or suitable habitat exists on site, focused surveys or mitigation, if identified in the habitat assessment, shall be completed. Focused surveys conducted in the appropriate season for each species, as identified in the habitat assessment report, shall be conducted to determine presence/absence status.
•If no sensitive species are identified through focused surveys, then no additional surveys or mitigation measures are required.
•If suitable habitat for federal- or state-listed species, or if federal- or state-listed species are identified on the site, then the biologist conducting the habitat assessments shall recommend measures to avoid impacts to the affected species or provide compensatory mitigation for such impacts. •If suitable habitat for federal- or state-listed species, or if federal- or state-listed species are identified on the site, then the project applicant must consult with the US Fish and Wildlife Service and/or the California Department of Fish and Wildlife regarding avoidance and/or mitigation of impacts to those species.

4.4.1.2 Proposed Project Impact Analysis
Future development activities allowed under the proposed Project would be on parcels that are within the Approved Project boundary; as such, the biological resources analysis conducted for the Approved Project is applicable and considered impacts to biological resources, including special-status plant and wildlife species, within the Project site. As discussed above in Section

4.4.1.1, implementation of the Approved Project would result in urban uses on currently undeveloped lands within the planning area, and these activities would directly impact biological 74 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.4.-11. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

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resources through the loss of sensitive plants and/or communities from construction activities, urban runoff, wildlife disturbance, and or direct loss of wildlife.

Similar to the Approved Project, the proposed Project would establish a framework for future development that would be subject to compliance with updated goals, policies, and development standards of the Menifee General Plan,75 Menifee Housing Element Update, and Title 9 (Planning and Zoning) of the City Municipal Code. Additionally, the proposed Project would adhere to the regulatory requirements applicable to the Approved Project, which includes compliance with the MSHCP and the Open Space Element of the General Plan. Similar to the Approved Project, the proposed Project would be required to implement Mitigation Measure GP EIR 4.1, which requires preparation of a site-specific biological resources assessment and project-specific mitigation, as necessary, for individual development projects that would take place under the proposed Project. In the same manner as the Approved Project, the proposed Project would result in less than significant impacts with mitigation incorporated and would not result in new or more severe environmental impacts related to candidate, sensitive, or special-status species than anticipated for the Approved Project.

Proposed Project Mitigation Measures. Implementation of General Plan EIR Mitigation Measure GP EIR 4-1 is required for the proposed Project.

4.4.2 Threshold B: Would the proposed Project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? (Impact GP EIR 5.4-2 and HEU EIR 4.4-2)

4.4.2.1 Approved Project Impact Analysis
Menifee General Plan EIR. At full General Plan buildout, development in many parts of Menifee would intensify urban uses in currently undeveloped areas. Buildout of the General Plan would result in direct and indirect impacts to biological resources within Menifee. Potential impacts to sensitive riparian habitats that could result from future development at a programmatic level as a result of the General Plan were identified as: 76
•Direct loss of sensitive plants and/or communities from construction activities •Alterations in the natural landscape with the placement of impermeable surfaces •Increased urban runoff, potentially containing herbicides, fungicides, pesticides, and fertilizers 75 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. Appendix C (City of Menifee General Plan Goals and Policies). September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId=. 76 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. pp. 5.4-60 to 5.4-61. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1104/Ch-05-04-BIO?bidId=.

GE N E R A L PL A N AM E N D M E N T A N D CH A N G E O F ZO N E PR O J E C T

ME N I F E E, CA L I F O R N I A

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•Increased habitat fragmentation with a potential corresponding decrease in species diversity and abundance
Future development projects that would occur under General Plan buildout would be subject to GP EIR Mitigation Measure 4-2. This mitigation measure would require future projects to conduct jurisdictional delineations and to comply with requirements of Section 6.1.2 of the MSHCP to reduce impacts. Preparation of a Determination of Biologically Equivalent or Superior Preservation Report (DBESP) would also be required for future projects. The DBESP would outline the mitigation to reduce impacts. Upon implementation of General Plan Open Space and Conservation Element Policy OSC-8, adherence to the Municipal Code, and incorporation of mitigation measures, buildout of the General Plan would not have a substantial adverse effect on any riparian habitat. Impacts would be less than significant with mitigation in incorporated. 77 Menifee Housing Element Update EIR. The Menifee HEU EIR identified the possibility of direct impacts to riparian habitat on undeveloped candidate housing sites through land development activities such as grading. Additionally, construction may result in indirect impacts to special status wildlife and plant species through excessive noise, lighting, and runoff. However, the impacts were analyzed based on programmatic sources such as the Menifee General Plan and the MSHCP rather than providing site-specific field surveys.

Thus, housing development facilitated by buildout of the Menifee HEU would be subject to compliance with updated goals, policies, and development standards of the Menifee Housing Element Update, as well as Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. Compliance with the General Plan Open Space Element Policy OSC-8.5 would also be required. Additionally, the HEU EIR identified Mitigation Measure BIO-1 to be implemented, which requires a site-specific general biological resources survey for future development facilitated by the HEU EIR. The mitigation measure was developed to coincide with Menifee General Plan Policy OSC-8.5. In addition to Goal HE-1 and HE Policy 1.7, identified above in Section 4.1.1.1, and HE Policy 1-2, identified above in Section 4.1.3, the following updated goals and policies of the Housing Element would ensure impacts to riparian habitats remain less than significant.

HE Policy 1.2 Housing Design. Require excellence in housing design with materials and colors, building treatments, landscaping, open space, parking, and environmentally sensitive design practices.
77 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. pp. 5.4-60 to 5.4-61. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1104/Ch-05-04-BIO?bidId=.

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Compliance with updated goals, policies, and development standards of the Menifee Housing Element Update, as well as Title 9 (Planning and Zoning) of the City Municipal Code of the General Plan would result in less than significant impacts with mitigation incorporated. 78 Approved Project Mitigation Measures.

GP EIR 4-2Prior to project approvals, project applicants shall have the project site assessed for potential jurisdictional waters, wetlands, and/or riparian habitat by a professional biologist qualified to conduct jurisdictional delineations. •If potential jurisdictional area is identified on the project site, the applicant shall have a full jurisdictional delineation completed by a qualified professional. The findings of the delineation shall be presented in a report. The qualified professional shall recommend mitigation measures in the report for avoiding, or compensating for, impacts to waters, wetlands, and riparian habitats.

Jurisdictional delineation reports shall be presented to the US Army Corps or Engineers, Santa Ana Regional Water Quality Control Board or San Diego Regional Water Quality Control Board, and/or California Department of Fish and Wildlife for concurrence. Mitigation measures for impacts to jurisdictional waters, wetlands, and riparian habitat shall be determined by those agencies.

HEU EIR BIO-1 Applications for future housing development facilitated by the Project, where the City has determined a potential for impacts to special-status wildlife and plants species, shall be required to comply with the following mitigation framework: Prior to the issuance of any permit for future development consistent with the Project, a site-specific general biological resources survey shall be conducted on candidate housing sites to identify the presence of any sensitive biological resources, including any sensitive plant or wildlife species. A biological resources report shall be submitted to the City to document the results of the biological resources survey.

The report shall include

1. The methods used to determine the presence of sensitive biological resources;

2. Vegetation mapping of all vegetation communities and/or land cover types;

3. The locations of any sensitive plant or wildlife species;

4. An evaluation of the potential for occurrence of any listed, rare, and narrow endemic species; and
78 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. pp. 5.4-60 to 5.4-61. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1104/Ch-05-04-BIO?bidId=.

GE N E R A L PL A N AM E N D M E N T A N D CH A N G E O F ZO N E PR O J E C T

ME N I F E E, CA L I F O R N I A

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5. An evaluation of the significance of any potential direct or indirect impacts from the proposed project.

If potentially significant impacts to sensitive biological resources are identified, future project-level grading and site plans shall incorporate project design features required by the applicant to minimize direct impacts on sensitive biological resources to the extent feasible, and the report shall also recommend appropriate mitigation to be implemented by the applicant to reduce the impacts to below a level of significance.

4.4.2.2 Proposed Project Impact Analysis
Given that the proposed Project site is within the boundaries of the assumed General Plan buildout area, the proposed Project was considered by the biological analysis prepared for the Approved Project. It was determined that buildout of Menifee, which includes future development of the proposed Project, would result in direct and indirect impacts to sensitive riparian habitats, as currently undeveloped land would be developed with urban uses. Exhibit OSC-7 of the Menifee General Plan illustrates that there is no riparian scrub within the Project site79, but riparian habitat may be identified during grading/construction of future development as a result of the proposed Project.

Thus, similar to the Approved Project, the proposed Project would establish a framework for future development that would be subject to compliance with updated goals, policies, and development standards of the Menifee General Plan,80 Menifee Housing Element Update, and Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. Additionally, the proposed Project would adhere to the regulatory requirements set forth for the Approved Project, which include compliance with the MSHCP and the Open Space Element of the General Plan. Similar to the Approved Project, the proposed Project would be required to implement Mitigation Measures GP EIR 4.2, and HEU EIR BIO-1 to reduce impacts to riparian habitat. In the same manner as the Approved Project, the proposed Project would result in less than significant impacts with mitigation incorporated to riparian habitats and would not result in new or more severe environmental impacts than anticipated for the Approved Project.

Proposed Project Mitigation Measures. Implementation of GP EIR Mitigation Measure 4-2 and Menifee HEU EIR Mitigation Measure BIO-1 is required.
79 The Planning Center and DC&E. 2013. Menifee General Plan. Open Space and Conservation Element.

Exhibit OSC-7 Biological Resources. August. Website: https://www.cityofmenifee.us/ DocumentCenter/View/1088/ExhibitOSC-7_Biological_Resources_HD0913?bidId= (accessed July 7, 2022). 80 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. Appendix C (City of Menifee General Plan Goals and Policies). September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId=.

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4.4.3 Threshold C: Would the proposed Project 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? (GP EIR Impact 5.4-4 and HEU EIR Impact 4.4-3)

4.4.3.1 Approved Project Impact Analysis
Menifee General Plan EIR. The GP EIR determined the General Plan buildout would result in potential impacts on jurisdictional waters with future physical development since most of the City’s drainage system consists of waters of the State. The drainage water is under State jurisdiction, California Regional Water Quality Control Board (RWQCB) and also considered California Department of Fish and Wildlife (CDFW) streambeds. Additionally, other City water resources such as Canyon Lake and Lake Elsinore are considered Traditional Navigable Waters under the federal jurisdiction of the United States Army Corps of Engineers (USACE), this also includes tributaries from the two lakes. Future development on State/federal waters, facilitated by the General Plan buildout, would be required to comply with the USACE Section 404 permitting process, the California Wetlands Conservation Policy, and applicable MSHCP regulations. Prior to construction of physical project-specific developments as result of General Plan buildout, individual development projects would be required to implement Mitigation Measure GP EIR 4-2, which requires project-specific biological assessments to be conducted to determine if future development is within jurisdictional waters.

Open Space and Conservation Element Policies listed in GP EIR Chapter 5.4 give substantial consideration to the protection of biological resources, especially sensitive and special-status wildlife species and their natural habitats. These policies are detailed in the General Plan Open Space and Conservation Element. Upon implementation of these policies and adherence to the Municipal Code, build-out of the General Plan would not substantially impact State/federal waters.

Impacts would be less than significant with mitigation incorporated. 81 Menifee Housing Element Update EIR. The Menifee HEU EIR determined that implementation of the HEU would have no direct impacts to federally protected wetlands. Exhibit OSC-7 of the Menifee General Plan was used in the EIR to conclude that one candidate site (Audie Murphy Ranch Specific Plan) has riparian habitat. However, the specific plan was previously approved with a project- specific biological assessment. Thus, it was determined the HEU would not propose the alteration or removal of federally protected wetlands since no candidate sites contain other riparian areas, wetland areas, or jurisdictional waters.

Future housing development facilitated by buildout of the Menifee HEU would still be subject to compliance with updated goals, policies, and development standards of the Menifee Housing Element Update, as well as Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. Compliance with 81 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.4-61. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1104/Ch-05-04-BIO?bidId=.

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General Plan Open Space Element Policy OSC-8.5 would also be required. Impacts were found to be less than significant. 82
Approved Project Mitigation Measures. Implementation of Mitigation Measure GP EIR 4-2 would be required (see above). There are no mitigation measures identified in the HEU EIR.

4.4.3.2 Proposed Project Impact Analysis
The Approved Project, which includes the proposed Project site, was not evaluated for site-specific federal/State/local jurisdictional waters and wetlands because no physical development was proposed; however, it was determined that future physical development has the potential to result in a substantial adverse effect on jurisdictional water since drainage water is under State, RWQCB, and CDFW jurisdiction. Exhibit OSC-7of the Menifee General Plan illustrates that there is no riparian scrub within the Project site83, but riparian habitat may be identified during grading/construction of future development as a result of the proposed Project. To reduce impacts, the proposed Project is required to implement Mitigation Measure GP EIR 4-2, which would require the preparation of project-specific biological assessments to determine if future development facilitated by the proposed Project would be within and would impact jurisdictional waters. Additionally, the proposed Project would adhere to the regulatory requirements set forth for the Approved Project which includes compliance with updated goals, policies, and development standards of the Menifee General Plan,84 Menifee HEU, and Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to minimize impacts to biological resources, including protected wetlands jurisdictional waters, and ensure cohesive development and compatibility between land uses. Therefore, impacts would be less than significant with mitigation incorporated with respect to protected wetlands and jurisdictional waters, and the proposed Project would not result in new or more severe environmental impacts than anticipated for the Approved Project.

Proposed Project Mitigation Measures. Implementation of GP EIR Mitigation Measure GP EIR 4-1 is required.
82 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.4-16. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=. 83 The Planning Center and DC&E. 2013. Menifee General Plan. Open Space and Conservation Element.

Exhibit OSC-7 Biological Resources. August. Website: https://www.cityofmenifee.us/DocumentCenter/ View/1088/ExhibitOSC-7_Biological_Resources_HD0913?bidId= (accessed July 7, 2022). 84 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. Appendix C (City of Menifee General Plan Goals and Policies). September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId=.

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4.4.4 Threshold D: Would the proposed Project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native nursery sites? (GP EIR Impact 5.4-4, 5.4-5 and HEU EIR Impact 4.4-4)

4.4.4.1 Approved Project Impact Analysis
Menifee General Plan EIR. At full General Plan buildout, development in many parts of Menifee would result in urban uses in currently undeveloped areas. Portions of Menifee that are currently vacant land would be developed with a mix of residential, commercial, industrial, and institutional uses. The GP EIR determined that the overall buildout of the General Plan would affect wildlife movement. Constrained Linkage 17, located in the southeastern portion of Menifee, would provide a movement corridor for species. The MSHCP requires future projects in the Criteria Area to provide a Joint Power Review process through the Regional Conservation Authority. Thus, it was determined in the EIR that future projects would be reviewed under CEQA to evaluate if future physical development projects would conflict with MHSCP. Additionally, the Migratory Bird Treaty Act (MBTA) protects migratory birds, with the United States Fish and Wildlife Service (USFWS) administering permits for project-specific environmental reviews. Future development of the General Plan buildout would be required to comply with the USFWS and the MBTA to avoid potential conflicts. Future development projects as a result of General Plan buildout would be subject to compliance with GP EIR Mitigation Measure 4-4. This mitigation measure would require future projects to conduct burrowing owl surveys to reduce potential conflicts with ordinances protecting biological resources, including those that protect wildlife movement.

Open Space and Conservation Element Policies listed in GP EIR Chapter 5.4 give substantial consideration to the protection of biological resources, especially sensitive and special-status wildlife species and their natural habitats, including wildlife movement corridors and nursery sites.

These policies are detailed in the General Plan Open Space and Conservation Element. Upon implementation of these policies and adherence to the Municipal Code, buildout of the General Plan would not substantially interfere with the movement of any native resident, migratory fish or wildlife species. Impacts would be less than significant with mitigation incorporated. 85 Menifee Housing Element Update EIR. The Menifee HEU EIR determined that future projects associated with implementation of the HEU would have potential impacts on nesting birds, which are protected under the MBTA, California Code, and Fish and Game Code Sections 3503 and 3503.5.

Impacts were found to mostly occur to nesting birds during the breeding season (February 1 to July 15 for raptors and January 15 to August 31 for other birds). Project-specific biological assessments would be conducted at the time of future development facilitated by the HEU.

Future housing development facilitated by build-out of the Menifee HEU would be subject to compliance with updated goals, policies, and development standards of the Menifee HEU, as well as Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. Compliance with General Plan Open Space 85 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. p. 5.4-62. September. Website: https://www.cityofmenifee.us/DocumentCenter/View/ 1104/Ch-05-04-BIO?bidId=.

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Element Policy OSC-8.5 would also be required. Updated Goal HE-1 and HE Policy 1.7, identified above in Section 4.1.1.1, and HE Policy 1,2, identified above in Section 4.1.3.1 of the Housing Element would ensure impacts to migratory wildlife remain less than significant.

Approved Project Mitigation Measures.

GP EIR 4-4 Within 30 days prior to commencement of grading and construction activities, projects within the mapped burrowing owl survey area shall have a preconstruction survey for resident burrowing owls conducted by a qualified biologist. These surveys shall be required, in addition to the habitat assessment and focused surveys that would be required under Section 6.3.2 of the MSHCP. If ground-disturbing activities in these areas are delayed or suspended for more than 30 days after the preconstruction survey, the area shall be resurveyed for owls. Take of active nests shall be avoided. The preconstruction survey and any relocation activity shall be conducted in accordance with MSHCP instructions and/or guidelines and coordinated with the Regional Conservation Authority following accepted protocols.

4.4.4.2 Proposed Project Impact Analysis
As discussed in the GP EIR, the city of Menifee contains MHSCP Linkage 17 within the southeast portion of the city. The proposed Project site was considered in the analysis for the Approved Project regarding the movement of wildlife. It was determined that future projects associated with implementation of General Plan buildout would be subject to compliance with the MSHCP by providing project-specific evaluation of how the project might contribute to or interfere with assembly of the MSHCP Conservation Area consistent with reserve configuration requirements.

Additionally, future development in the Criteria Area is subject to the Joint Power Review process through the Regional Conservation Authority. Currently, there are no criterion cells in Menifee as shown on Figure 5.4-6 of the City of Menifee GP EIR. On the same figure, the proposed Project site is mapped out in the burrowing owl survey area and thus future development projects would be required to implement Mitigation Measure GP EIR 4-4. Additionally, California Fish and Game Code Section 3503 and Section 3503.5 protect migratory birds and would require future projects facilitated by the proposed Project to conduct bird and nesting surveys during breeding season (February 1 to July 15 for raptors and January 15 to August 31 for other birds).

The proposed Project would be required to adhere to the regulatory requirements set forth for the Approved Project, which include compliance with updated goals, policies, and development standards of the Menifee General Plan,86 Menifee HEU, and Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. Therefore, impacts would be less than significant with mitigation incorporated regarding wildlife movement and nursery sites, and the proposed Project would not result in new or more severe environmental impacts than anticipated for the Approved Project. 86 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. Appendix C (City of Menifee General Plan Goals and Policies). September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId=.

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Proposed Project Mitigation Measures. Implementation of GP EIR Mitigation Measure GP EIR 4-4 is required for the proposed Project.

4.4.5 Threshold E: Would the proposed Project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (GP EIR 5.4-5 and HEU EIR Impact 4.4-5)

4.4.5.1 Approved Project Impact Analysis
Menifee General Plan EIR. At full General Plan buildout, development in many parts of Menifee would result in the intensification of urban uses in currently undeveloped areas. Portions of Menifee that are currently vacant land would be developed with a mix of residential, commercial, industrial, and institutional uses. The GP EIR determined that the overall buildout of the General Plan may have the potential to remove existing trees. At the time that the GP EIR was prepared, the City had not yet adopted Tree Preservation Ordinance No. 2015-167, thus there would be no conflict between the General Plan and the ordinance. Additionally, the MBTA protects migratory birds, with the USFWS administering permits for project-specific environmental reviews. Future development of the General Plan buildout would be required to comply with the USFWS and the MBTA to avoid conflicts. Future development projects taking place as a result of the buildout would be subject to compliance with Mitigation Measure GP EIR 4-4. This mitigation measure would require future projects to conduct burrowing owl surveys to reduce the conflict with ordinances protecting biological resources.

Open Space and Conservation Element Policies listed in GP EIR Chapter 5.4 give substantial consideration to the protection of biological resources, especially sensitive and special status wildlife species and their natural habitats. These policies are detailed in the General Plan Open Space and Conservation Element. Impacts would be less than significant with mitigation incorporated. 87 Menifee Housing Element Update EIR. Similar to the General Plan component, the Menifee Housing Element Update EIR did not analyze the impacts to the tree preservation ordinance. Additionally, the same EIR analysis above in Threshold D was completed for protection of migratory birds. It was determined that that the HEU component of the Approved Project would not include actions that would conflict with local biological resource policies but would continue to comply. Updated Goal HE-1 and HE Policy 1.7, identified above in Section 4.1.1.1, and HE Policy 1,2, identified above in Section 4.1.3.1, would ensure impacts to ordinances remain less than significant.88 Approved Project Mitigation Measures. Implementation of Mitigation Measure GP EIR 4-4 would be required (see above). There are no mitigation measures identified in the HEU EIR. 87 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. p. 5.4-62. September. Website: https://www.cityofmenifee.us/ DocumentCenter/View/1104/Ch-05-04-BIO?bidId=.
88 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.4-17. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

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4.4.5.2 Proposed Project Impact Analysis
Portions of the Project site currently consist of vacant land that would be developed with a mix of residential, commercial, and industrial uses. However, the EDC expansion area, including the Project site, was considered under the Approved Project analysis. The proposed Project site is within the burrowing owl survey area depicted in Figure 5.4-6 of the GP EIR. The figure identifies areas that require habitat assessments to determine if suitable burrowing owl habitat is present on the site.

Thus, future development projects occurring as a result of the proposed Project would be subject to compliance with Mitigation Measure GP EIR 4-4. This mitigation measure would require future projects facilitated by the proposed Project to conduct site-specific burrowing owl surveys to reduce conflict of ordinances protecting biological resources.

Additionally, the proposed Project would adhere to the regulatory setting set forth for the Approved Project, which includes compliance with updated goals, policies, and development standards of the Menifee General Plan,89 Menifee HEU, and Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to protect biological resources and ensure cohesive development and compatibility between land uses. Furthermore, all future development applications would be evaluated during plan check to ensure compliance with Tree Preservation Ordinance No. 2015-167 as a matter of City policy. The following goals and policies of the HEU would further reduce these impacts: Goal HE-1, HE Policy 1.2 and HE Policy 1.7. Therefore, impacts would be less than significant with mitigation incorporated with respect to biological resources policy conflicts, and the proposed Project would not result in new or more severe environmental impacts related than anticipated for the Approved Project.

Proposed Project Mitigation Measures. Implementation of Mitigation Measure GP EIR 4-4 is required for the proposed Project.

4.4.6 Threshold F: Would the proposed Project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (GP EIR Impact 5.4-5 and HEU EIR Impact 4.4-5)

4.4.6.1 Approved Project Impact Analysis
Menifee General Plan EIR. The GP EIR identified Menifee as a permittee of the MSHCP and Stephens’ Kangaroo Rat Habitat Conservation Plan (SKR HCP). At full General Plan buildout, development in many parts of Menifee would intensify urban uses in currently undeveloped areas.

The General Plan buildout was found to have a potential to conflict with habitat conservation plans.

Future development projects that would be implemented as a result of the projected General Plan buildout would be subject to compliance with Mitigation Measures GP EIR 4-1 through 4-5. The mitigation measures would require future projects to conduct biological assessments and field 89 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. Appendix C (City of Menifee General Plan Goals and Policies). September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId=.

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surveys to ensure compliance with the habitat conservation plans. Upon implementation of the Open Space and Conservation Element OSC-8, adherence to the Municipal Code, and incorporation of mitigation measures, buildout of the General Plan would not result in a substantial adverse effect related to conflicts with the MSHCP and SKR HCP. This impact would be less than significant with mitigation in incorporated. 90
Menifee Housing Element Update EIR. The HEU EIR identified Menifee as within the Sun City/Menifee Area Plan of the MSHCP. It was determined that the HEU component of the Approved Project would not conflict with the provisions provided in the MSHCP, since candidate sites were not identified in areas with the highest chance of naturally occurring sensitive species. Analysis for SKR HCP was not included in the HEU EIR for this threshold.

Compliance with the General Plan Open Space Element Policy OSC-8.5 would also be required.

Updated Goal HE-1 and HE Policy 1.7, identified above in Section 4.1.1.1, and HE Policy 1-2, identified above in Section 4.1.3.1, would ensure that impacts related to habitat conservation plan conflicts would remain less than significant.91
Approved Project Mitigation Measures. Implementation of Mitigation Measure GP EIR 4-1 through GP EIR 4-5 would be required. See GP EIR 4-1 and 4-2, above, under Sections 4.4.1.1 and

4.4.2.1. GP EIR 4-3 Prior to the issuance of grading permits for private development projects or prior to construction for public agency contracts, during the nesting season, February 1 to August 31, a preconstruction/pregrading field survey shall be conducted by a qualified biologist to determine if active nests of species protected by the Migratory Bird Treaty Act (MBTA) or the California Fish and Wildlife Code are present in the construction zone.
•If active nests are not located within the project area an appropriate buffer shall be established (i.e., 500-foot radius of an active listed species or raptor nest, 300 foot for other sensitive or protected bird nests (nonlisted), or 100 foot for sensitive or protected songbird nests). Construction may be conducted during the nesting/breeding season outside the buffer.
•If active nests are located during the preactivity field survey, no grading or heavy equipment activity shall take place within at least 500 feet of an active listed species or raptor nest, 300 feet of other sensitive or protected species under MBTA or California Fish and Wildlife Code, bird nests (nonlisted), or 90 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. pp. 5.4-63 and 5.4-64. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1104/Ch-05-04-BIO?bidId=. 91 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.4-18. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

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within 100 feet of sensitive or protected songbird nests until the nest is no longer active.

GP EIR 4-5 The City shall continue to participate in the Stephens’ Kangaroo Rat Habitat Conservation Plan including collection of mitigation fees for future projects.

4.4.6.2 Proposed Project Impact Analysis
The proposed Project is under the MSHCP and the SKR HCP, with the City as a permittee. Buildout of the proposed Project would intensify urban uses in currently undeveloped areas, resulting in a potential conflict with approved habitat conservation plans.

Future development projects implemented as a result of the proposed Project would be subject to compliance with Mitigation Measures GP EIR 4-1 through GP EIR 4-5. The mitigation measures would require future projects facilitated by the proposed Project to conduct biological assessments and field surveys to ensure compliance with the habitat conservation plans, where these sites are covered by the plans.

Additionally, the proposed Project would adhere to the regulatory setting set forth for the Approved Project, which includes compliance with updated goals, policies, and development standards of the Menifee General Plan,92 Menifee HEU, and Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses.

Therefore, impacts would be less than significant with mitigation incorporated with regard to habitat conservation plan compliance. No new or more severe environmental impacts would occur than those anticipated in the Approved Project.

Proposed Project Mitigation Measures. Mitigation Measures GP EIR 4-1 through GP EIR 4-5 would be implemented by the proposed Project.
92 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. Appendix C (City of Menifee General Plan Goals and Policies). September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId=.

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4.5 CULTURAL RESOURCES
Issues:

New Potentially
Significant
Impact
New
Mitigation
Required
No New or
More
Severe
Impact
a. Would the proposed Project cause a
substantial adverse change in the
significance of a historical resource
pursuant to Section 15064.5 of the State
CEQA Guidelines?
b. Would the proposed Project Cause a
substantial adverse change in the
significance of an archaeological resource
pursuant to Section 15064.5?
c. Would the proposed Project disturb any
human remains, including those interred
outside of formal cemeteries?

4.5.1 Threshold A: Would the proposed Project cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5 of the State CEQA Guidelines? (GP EIR Impact 5.5-1 and HEU EIR Impact 4.5-1)

4.5.1.1 Approved Project Impact Analysis
Menifee General Plan EIR. The GP EIR determined that historic structures and sites that are eligible for National Register of Historic Resources listing may be vulnerable to development activities associated with buildout of the General Plan. Table 5.5-1 of the GP EIR lists two historic sites that would be eligible for listing on a historic register. Three structures in Romoland (unincorporated county land north of Menifee) more than 50 years old are listed in the same table. Structures in Quail Valley and Sun City are reaching 50 years or more of age and qualify for consideration as historical resources.93 Project-level analysis and CEQA review would be required as needed to identify any impacts to known or potential historic sites and structures. Thus, historical resource impacts would be less than significant.

Menifee Housing Element Update EIR. The HEU does not include physical improvements to Menifee. Instead, the HEU proposes multiple regulatory changes to the City’s General Plan. Future development facilitated by the HEU would be required to adhere to Policy OSC-5.1 to preserve the cultural significance of the surrounding areas. Future housing developments would also be required under the State CEQA Guidelines to be evaluated at the time a project is proposed. Candidate sites are not within or adjacent to identified culturally significant resources within Menifee. To ensure the HEU would not result in the destruction or modification of a historic structure, Mitigation Measure HEU CUL-1 of the HEU EIR is required, which specifies the mitigation framework for buildings in excess of 50 years of age. Additionally, the following goals and policies would be used to reduce any 93 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.5.-15. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1105/Ch-05-05-CUL?bidId=.

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impacts (Goal HE-1 and Policy HE 1.7) Thus, the HEU component was found to be less than significant with mitigation incorporated. 94
Approved Project Mitigation Measures.The GP EIR of the Menifee General Plan and the 2021–2029 Housing Element Update (Approved Project) determined that there were no mitigation measures needed. It found that HEU EIR CUL-1 would be required to ensure the HEU would not result in the alteration or destruction of a historic structure, object, or site.

HEU EIR CUL-1 Applications for future development facilitated by the Project, where the City has determined a potential for impacts to historic resources, shall be required to comply with the following mitigation framework:

For any building/structures in excess of 50 years of age having its original structural integrity intact, the applicant shall retain a qualified professional historian to determine whether the affected building/structure is historically significant. The evaluation of historic architectural resources shall be based on criteria such as age, location, context, association with an important person or event, uniqueness, or structural integrity, as indicated in State CEQA Guidelines Section 15064.5. A historical resource report shall be submitted by the applicant to the City and shall include the methods used to determine the presence or absence of historical resources, identify potential impacts from the proposed project, and evaluate the significance of any historical resources identified.

4.5.1.2 Proposed Project Impact Analysis
Similar to the Approved Project, the proposed Project would not result in any physical development, but rather provides provisions that would allow for future development in accordance with designated land uses and zoning for subject properties. The existing setting of the Project site is mostly vacant/undeveloped with the exception of a self-storage facility, plant nursery, and a parking lot. Table 4.5-1 of the HEU EIR provides a table of potentially significant cultural resources. The proposed Project site is not within or adjacent to an area identified to contain a historical resource.95 Similar to the Approved Project, the proposed Project would establish a framework for future development that would be subject to compliance with updated goals, policies, and development standards of the Menifee General Plan,96 Menifee HEU, and Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to minimize impacts to cultural resources and ensure cohesive 94 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. pp. 4.5-11 through 4.5-17.

Website: https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=. 95 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.5-4. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=. 96 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. Appendix C (City of Menifee General Plan Goals and Policies). September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId=.

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development and compatibility between land uses. These goals and policies include Goal HE-1, Policy HE 1.7 and Policy OSC-5.1.

None of the historical resources listed in the GP EIR are located in or near the proposed Project site.

The existing setting of the Project site is mostly vacant/undeveloped with the exception of a self- storage facility, a plant nursery, and a parking lot. Should any of these facilities become older than 50 years old and be subject to modification or redevelopment, implementation of Mitigation Measure HEU EIR CUL-1 would ensure they are managed pursuant to CEQA Guidelines Section 15064.5. Therefore, impacts to Historical Resources would be less than significant with mitigation incorporated. No new or more severe environmental impacts would occur than those anticipated in the Approved Project.

Proposed Project Mitigation Measures. No mitigation is required.

4.5.2 Threshold B: Would the proposed Project cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? (GP EIR Impact 4.4-2 and HEU EIR Impact 4.5-2)

4.5.2.1 Approved Project Impact Analysis
Menifee General Plan EIR. The GP EIR determined that there are more than 250 resources (prehistoric, historic archaeological, and historical structures and sites) within the city of Menifee’s boundaries, resulting in a high likelihood to uncover significant resources within Menifee during development activities. The GP EIR concluded that the entire city is considered sensitive for archaeological resources. 97 Policies referenced in GP EIR Chapter 5.5 give substantial consideration of archaeological, historical, and cultural resources that are protected and integrated into the city’s built environment. These policies are detailed in the General Plan Open Space and Conservation Element. Upon implementation of these policies and adherence to the Municipal Code, build-out of the General Plan would not substantially degrade archaeological resources in Menifee.

Implementation of GP EIR Mitigation Measures 5-1 through 5-5 would reduce impacts to a level less than significant with mitigation incorporated as identified in the GP EIR.98 Menifee Housing Element Update EIR. Future development facilitated by the HEU Project has the potential to impact archaeological resources directly or indirectly through ground-disturbing activities during construction. Therefore, the undeveloped candidate housing sites, or sites with 97 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.5-15. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1105/Ch-05-05-CUL?bidId=. 98 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.5-16. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1105/Ch-05-05-CUL?bidId=.

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substantial undeveloped portions of Menefee, also have potential to contain archaeological resources. Goal HE-1, Policy HE 1.7 would also reduce impacts of potential impacts.99 Mitigation measure HEU CUL-2, as prescribed in the HEU EIR, would require the preparation of an archaeological survey, where deemed necessary by the City to reduce impacts. Thus, impacts would be less than significant with mitigation incorporated, as concluded in the HEU EIR.

Approved Project Mitigation Measures.

General Plan component.

GP EIR 5-1 Prior to project approvals, applicants shall provide cultural resource investigations conducted by a qualified archaeologist. The investigation shall include a records search at the Eastern Information Center at the University of California, Riverside, and a field survey for surface archaeological resources. The qualified archaeologist shall conduct monitoring for archaeological resources where required based on the investigation findings. Should any cultural resources be discovered, no further grading shall occur in the area of the discovery until the Community Development Director is satisfied that adequate provisions are in place to protect these resources. Unanticipated discoveries shall be evaluated for significance by a professional archaeologist. If significance criteria are met, then the project archaeologist shall be required to perform data recovery, professional identification, radiocarbon dates, and other special studies; submit materials to a museum for permanent curation; and provide a comprehensive final report including catalog with museum numbers.

Confidential information shall be restricted to a separate report that will be held by the City of Menifee and forwarded to relevant Native American tribes, but not made publicly available.

GP EIR 5-2 In areas of high sensitivity for paleontological resources, each project shall retain a qualified paleontologist to monitoring ground disturbing activity. Should any potentially significant fossil resources be discovered, no further grading shall occur in the area of the discovery until the Community Development Director is satisfied that adequate provisions are in place to protect these resources. Unanticipated discoveries shall be evaluated for significance by a professional paleontologist. If significance criteria are met, then the project shall be required to perform data recovery, professional identification, radiocarbon dates, and other special studies; submit materials to a museum for permanent curation; and provide a comprehensive final report including catalog with museum numbers to the City of Menifee Community Development Director. 99 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.5-14. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

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GP EIR 5-3 A cultural resources assessment prepared by a qualified archaeologist shall be required for any Specific Plan, or for any project that requires a General Plan amendment. The assessment shall include a records search at the Eastern Information Center at the University of California, Riverside, and a field survey for surface archaeological resources. General findings of the cultural resources assessment, such as presence of resources, shall be incorporated into the CEQA documentation. Detailed information on any cultural resources identified, such as locations and types of resources, shall be documented in a separate confidential report that shall be submitted to the City of Menifee and shall not be available to the public; a copy of the report shall be forwarded to relevant Native American tribes.

GP EIR 5-4 Prior to the issuance of grading permits for a project for which the CEQA document defines cultural resource mitigation for potential tribal resources, the project applicant shall contact the relevant Native American tribes to notify them of the grading, excavation, and monitoring program. The applicant shall coordinate with the City of Menifee and the tribal representative(s) to develop a monitoring program that addresses the designation, responsibilities, and participation of tribal monitors during grading, excavation, and ground- disturbing activities; scheduling; terms of compensation; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. The City of Menifee shall be the final arbiter of the conditions for projects within the City’s jurisdiction.

Housing Element Update Component.

HEU EIR CUL-2 Applications for future development consistent with the Project, where the City has determined a potential for impacts to archeological resources, shall be required to comply with the following mitigation framework: Prior to the issuance of any permit for future development located on a previously undisturbed site, the applicant shall retain a qualified archaeologist to conduct an archaeological survey to evaluate the presence of cultural resources and the need for project impact mitigation by preservation, relocation, or other methods. An archaeological resource report shall be submitted by the applicant to the City and shall include the methods used to determine the presence or absence of archaeological resources, identify potential impacts from the proposed project, and evaluate the significance of any archaeological resources identified. If there are potentially significant impacts to an identified archaeological/cultural resource, the report shall also recommend appropriate mitigation required by the applicant to reduce impacts to below a level of significance.

4.5.2.2 Proposed Project Impact Analysis
The existing setting of the Project site is mostly vacant/undeveloped with the exception of a self- storage facility, plant nursery, and a parking lot. Similar to the Approved Project, the proposed

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Project would establish a framework for future development that would be subject to compliance with updated goals, policies, and development standards of the Menifee General Plan,100 Menifee HEU, and Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to protect archaeological resources, other significant cultural resources, and ensure cohesive development and compatibility between land uses. These goals and policies include Goal HE-1, Policy HE 1.7 and Policy OSC-5.1. However, Exhibit OSC-4 of the current General Plan shows high sensitivity for paleontological resources in the northern portion of the proposed Project site.101 Thus, similar to the Approved Project, future development as a result of the proposed Project has a high potential of uncovering archeological and paleontological resources.

The proposed Project would implement Mitigation Measures GP EIR CUL 5-1 through 5-5 and HEU EIR CUL-2, as prescribed in the GP EIR and HEU EIR for the Approved Project when future development applications are presented to the City in order to manage unanticipated encounters in accordance with CEQA Guidelines Section 15064.5. Therefore, in a similar manner as the Approved Project, the proposed Project would result in less than significant impacts with mitigation incorporated with regard to archaeological resources, and no new or more severe environmental impacts would occur.

Proposed Project Mitigation Measures. Implementation of Mitigation Measures GP EIR CUL 5-1 through 5-5 and HEU EIR CUL-2 would ensure no new or more severe environmental impacts than those identified under the Approved Project would occur. No new mitigation measures are required as a result of the proposed Project.

4.5.3 Threshold C: Would the proposed Project disturb any human remains, including those interred outside of formal cemeteries? (GP EIR Impact 5.5-3 and HEU EIR Impact 4.5- 3)

4.5.3.1 Approved Project Impact Analysis
Menifee General Plan EIR. California Public Resources Code (PRC) Section 5097.98 affords protection for human remains discovered during development activities.102 Additionally, Senate Bill 18 requires consultation regarding Native American sites and artifacts when amendments to the General Plan are proposed. The GP EIR determined that the potential for project-level impacts to unidentified and unrecorded tribal cultural places are moderate to high. However, if human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has determined origin and disposition pursuant to 100 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. Appendix C (City of Menifee General Plan Goals and Policies). September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId=. 101 The Planning Center, DC&E. 2013. City of Menifee General Plan. Open Space and Conservation Element.

Exhibit OSC-4: Paleologic Resource Sensitivity. August. Website: https://www.cityofmenifee.us/ DocumentCenter/View/1085/ExhibitOSC-4_Paleologic_Resource_Sensitivity_HD0913?bidId= (accessed June 16, 2022).
102 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.5-17. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1105/Ch-05-05-CUL?bidId=.

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PRC Section 5097.98. If the remains are determined to be Native American, the County Coroner shall notify the Native American Heritage Commission (NAHC), which shall determine and notify a Most Likely Descendant (MLD). With the permission of the property owner, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Consistent with CCR Section 15064.5(d), if the remains are determined to be Native American and an MLD is notified, the City of Menifee shall consult with the MLD as identified by the NAHC to develop an agreement for treatment and disposition of the remains. Implementation of State law would ensure if human remains are discovered on the site during Project construction activities, they are protected. Through compliance with regulatory policy, impacts to human remains would be less than significant.

Menifee Housing Element Update EIR.As determined by the HEU EIR, human remains within a formal cemetery are not expected to be disturbed as a result of the HEU. Although the HEU does not propose physical development within Menifee, human remains could be uncovered during construction for future housing. California PRC Section 5097.98 and State Health and Safety Code Section 7050.5 would be implemented in consultation with the assigned most likely descendant as identified by the Native American Heritage Commission. Additionally, the City would be required to adhere to the California Native American Graves Protection and Repatriation Act (2001) and the federal Native American Graves Protection and Repatriation Act (1990). During grading, these regulations would address the uncovering of human remains. Policy updates associated with the Housing Element, Land Use Element, and Environmental Justice Element would not affect the City’s treatment of remains. Therefore, impacts would be less than significant with mitigation incorporated. 103
Approved Project Mitigation Measures. Since the GP EIR’s certification, State CEQA Guidelines Appendix G has been revised to include a new Tribal Cultural Resources threshold; refer to Section

4.17 of the Addendum, Tribal Cultural Resources, for further discussion. The HEU EIR, however, required the following measures related to impacts to human remains.

HEU EIR CUL-3 Applications for future development consistent with the Project, where the City has determined a potential for impacts to human remains, shall be required to comply with the following mitigation framework:

In the event that human remains are discovered or unearthed, all earth-disturbing work within a 100-meter radius of the location of the human remains shall be temporarily suspended or redirected by the applicant until a forensic expert retained by the applicant has identified and evaluated the nature and significance of the find, in compliance with State CEQA Guidelines 15064.5(f). If human remains of Native American origin are discovered or unearthed, the applicant shall contact the consulting tribe regarding any finds and provide information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal 103 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. pp. 4.5-15 and 4.5-16. June.

Website: https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

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input concerning significance and treatment. After the find has been appropriately mitigated, as determined and documented by a qualified archaeologist, work in the area may resume.

4.5.3.2 Proposed Project Impact Analysis
The proposed Project, similar to the Approved Project, does not include any physical development, but rather includes provisions that would allow for future development in accordance with designated land uses and zoning for subject properties. The existing setting of the Project site is mostly vacant/undeveloped with the exception of a self-storage facility, a plant nursery, and a parking lot.

Similar to the Approved Project, the proposed Project would establish a framework for future development that would be subject to compliance with updated goals, policies, and development standards of the Menifee General Plan,104 Menifee HEU, and Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to protect cultural resources and ensure cohesive development and compatibility between land uses. These goals and policies include Goal HE-1, Policy HE 1.7 and Policy OSC-5.1. However, human remains could still be uncovered during construction for future development within the Project site as a result of the proposed Project. Thus, the proposed Project would implement Mitigation Measure HEU EIR CUL-3, as prescribed in the Housing Update Element EIR, and be subject to compliance with State Health and Safety Code Section 7050.5. Therefore, similar to the Approved Project, the proposed Project would result in less than significant impacts with mitigation incorporated regarding impacts to human remains, and no new or more severe environmental impacts would occur.

Proposed Project Mitigation Measures. Implementation of Mitigation Measure HEU EIR CUL-3. No new mitigation measures are required as a result of the proposed Project. 104 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. Appendix C (City of Menifee General Plan Goals and Policies). September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId=.

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4.6 ENERGY
Issues:

New Potentially
Significant
Impact
New
Mitigation
Required
No New or
More
Severe
Impact
a. Would the Project result in significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption
of energy resources, during project
construction or operation?
b. Would the Project conflict with or
obstruct a State or local plan for
renewable energy or energy efficiency?

4.6.1 Threshold A: Would the Project result in significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? (GP EIR 5.7-1 and HEU EIR Impact 4.6-1) and
Threshold B: Would the Project conflict with or obstruct a State or local plan for renewable energy or energy efficiency? (GP EIR 5.7-2 and HEU EIR Impact 4.6-1) The analysis presented below applies to both Threshold A and Threshold B of Section 4.6.

4.6.1.1 Approved Project Impact Analysis
Menifee General Plan EIR. At the time of the certification of the General Plan, the City of Menifee had not yet adopted a qualified greenhouse gas (GHG) reduction plan. However, the California Air Resources Board adopted the 2008 Scoping Plan to identify statewide strategies to achieve the GHG reduction targets of Assembly Bill 32, and the Southern California Association of Governments adopted the 2012 Regional Transportation Plan/Sustainable Communities Strategy to achieve the local passenger vehicle per capita GHG reduction targets of Senate Bill 375. Energy analysis can be found in the Section 4.8 (Greenhouse Gas Emissions) of this Addendum. In addition, the statewide measures, policies and implementation actions included as part of the proposed General Plan are shown in General Plan Final Environmental Impact Report (GP EIR) Table 5.7-9, City of Menifee Greenhouse Gas Reduction Policy and Implementation Strategies. These statewide policy and implementation strategies are consistent with the intent of the 2008 Scoping Plan. 105 The Circulation Element policies and implementation actions presented in GP EIR Table 5.7-9 would establish an overall vehicle miles traveled reduction of 2.6 percent. This reduction would reduce the overall transportation-related GHG emissions. Compliance with State and local regulations would 105 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.5-16. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1105/Ch-05-05-CUL?bidId=.

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ensure that the growth under the City of Menifee General Plan would not conflict with the 2008 Scoping Plan. Therefore, General Plan component impacts would be less than significant.106 Menifee Housing Element Update EIR. The Housing Element Update Final Program Environmental Impact Report (HEU EIR) determined that occupants of future development buildings facilitated by the Housing Element Update (HEU) would use electricity and potentially natural gas to run various appliances and equipment, including water heaters, air conditioning and heating systems, ventilation equipment, lights, and other devices.

In addition to complying with federal, State, and local standards regulating energy consumption, Appendix F, Energy Conservation, of the State CEQA Guidelines is required for any future development. Appendix F requires that EIRs include a discussion of potential energy impacts of proposed projects. The discussion should have a particular emphasis on avoiding or reducing unnecessary energy consumption.

Future housing development facilitated by the HEU would be required to obtain permits to demonstrate compliance with the California Green Building Standards (CALGreen) Code (California Code of Regulations [CCR] Title 24, Part 11) and the California Energy Code (CCR Title 24, Part 6).

Future development facilitated by the HEU would be required to be consistent with applicable federal, State, and local laws, policies, and regulations related to and energy efficiency and renewable energy. In addition to Goal S-7 and Policy S-7.4, identified above in Section 4.3.1.1, the following updated goals and policies of the Housing Element would ensure impacts regarding energy remain less than significant.107
Policy S-7.5 Promote the use of climate ready architecture designed to maintain adequate indoor climate with minimal energy use.

Approved Project Mitigation Measures. No mitigation measures were identified in the certified EIRs for the Approved Project.

4.6.1.2 Proposed Project Impact Analysis
The existing setting of the Project site is mostly vacant/undeveloped with the exception of a self- storage facility, plant nursery, and a parking lot. The proposed Project would update the definition of the Business Park (BP) land use designation to remove distribution-related warehouse uses as permitted uses within BP designated land in Menifee. Furthermore, the proposed land use amendment and change of zone of 533.87 acres of Economic Development Corridor – Southern Gateway (EDC-SG) land to Economic Development Corridor – Community Core (EDC-CC) land in the 106 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. pp. 5.5-15 through 5.5-18. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1105/Ch-05-05-CUL?bidId=. 107 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. pp. 4.6-10 through 4.6-13. June.

Website: https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

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southern portion of Menifee would serve to establish consistency between these parcels pursuant to California Government Code Section 65860.

Similar to the Approved Project, the proposed Project would establish a framework for future development that would be subject to compliance with updated goals, policies, and development standards of the Menifee General Plan,108 Menifee HEU, and Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. These goals and policies include Goal S-7, Policy S-7.4, and Goal S-7.5. Additionally, the proposed Project would adhere to the regulatory setting set forth for the Approved Project, which includes the CALGreen Code (CCR Title 24, Part 11) and the California Energy Code (CCR Title 24, Part 6). Therefore, in the same manner as the Approved Project, the proposed Project would result in less than significant impacts, and no new or more severe environmental impacts would occur.

Proposed Project Mitigation Measures. No Mitigation is required. 108 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. Appendix C (City of Menifee General Plan Goals and Policies). September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId=.

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4.7 GEOLOGY AND SOILS
Issues:

New Potentially
Significant
Impact
New
Mitigation
Required
No New or
More
Severe
Impact
a. Would the proposed Project expose
persons or structures to potential
substantial adverse effects, including the
risk of loss, injury, or death involving: (i)
Rupture of a known earthquake fault, as
delineated on the most recent Alquist-
Priolo Earthquake Fault Zone Maps issued
by the State Geologist for the area based
on other substantial evidence of a known
fault? (ii) Strong seismic shaking? (iii)
Seismic-related ground failure or
liquefaction? (iv) Landslides?
b. Would the proposed Project result in
substantial soil erosion or the loss of
topsoil?
c. Would the proposed Project be located
on a geologic unit or soil that is unstable,
or that would become unstable as a
result of the Project, and potentially
result in on-site or off-site landslide,
lateral spreading, subsidence,
liquefaction, or collapse?
d. Would the proposed Project be located
on expansive soil, as defined in Table 18-
1-B of the Uniform Building Code (1994),
creating substantial risks to life or
property?
e. Would the proposed Project have soils
incapable of adequately supporting the
use of septic tanks or alternative
wastewater disposal systems where
sewers are not available for the disposal
of wastewater?
f. Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?

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4.7.1 Threshold A: Would the proposed Project expose persons or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: (i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zone Maps issued by the State Geologist for the area based on other substantial evidence of a known fault? (ii) Strong seismic shaking? (iii) Seismic- related ground failure or liquefaction? (iv) Landslides? (GP EIR Impact 5.6.1, Impact

5.6.2, Impact 5.6.3, and HEU EIR Impact 4.7-1 and Impact 4.7-2)

4.7.1.1 Approved Project Impact Analysis
(i) Faults and (ii) Seismic Shaking
Menifee General Plan EIR. General Plan buildout would increase the number of residents/workers and structures in Menifee, increasing the exposure and risk of strong ground shaking amongst people and structure. Strong ground shaking may occur in Menifee due to earthquakes on a number of active faults in the region, including the San Andreas, San Jacinto, and Elsinore faults. The San Jacinto Valley section of the San Jacinto fault and the Temecula segment of the Elsinore fault each could generate the worst-case earthquake scenario for Menifee. Future development would adhere to seismic design parameters pursuant to California Building Code (CBC) (Title 24, Part 2) requirements and would include foundation and structural design recommendations, to reduce hazards to people and structures arising from ground shaking. The General Plan EIR determined that Impacts would be less than significant. Impacts would be the same under the Expanded EDC Scenario. 109
Menifee Housing Element Update EIR. Similar analysis was done under the Housing Element Update Final Program Environmental Impact Report (HEU EIR). The Housing Element Update (HEU) would facilitate future developments to adhere to the CBC and Menifee Municipal Code Section

8.26.070. The HEU would also require projects to analyze project-specific geotechnical conditions.

Updated Goal HE-1 and HE Policy 1.2, identified above in Section 4.1.1.1, would maintain impacts to less than significant: Goal HE-1, HE Policy 1.2. 110
(iii) Ground Failure and (iv) Landslides
Menifee General Plan EIR. As shown on Figure 5.6-3 of the General Plan Final Environmental Impact Report (GP EIR), there is a potential for liquefaction in parts of the city and the General Plan area.

Thus, per State laws and regulations and General Plan policies, future projects developed pursuant to the General Plan would be required to have geotechnical investigations of the specific-project 109 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.6-25. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1106/Ch-05-06-GEO?bidId=. 110 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.7-12. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

GE N E R A L PL A N AM E N D M E N T A N D CH A N G E O F ZO N E PR O J E C T

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sites conducted. 111 Impacts would be less than significant as concluded in the GP EIR. The additional area that would be the designated Economic Development Corridor (EDC) in the Expanded EDC Scenario is not mapped as susceptible to liquefaction. Impacts would be the same under the Expanded EDC Scenario.

Menifee Housing Element Update EIR. One candidate site is within a portion of Menifee noted for landslide hazards and susceptibility. This site would be required to complete geotechnical investigations consistent with Menifee Municipal Code Sections 9.190 and 8.26.070. Further, any future housing developments facilitated by the Menifee General Plan and the 2021–2029 Housing Element Update (Approved Project) would be subject to permits and required to adhere to all federal, State, and local requirements. These requirements are needed for avoiding and minimizing impacts caused by unstable geological units or soils.

Additionally, the HEU EIR determined that the majority of development within Menifee has been developed in the relatively flat valleys which a low risk for landslide. The following updated goals and policies from the Housing Element Safety Element would maintain the level of any potential impacts to a level of less than significant. 112
SE Policy S-3.6Coordinate with FEMA to ensure that flood mapping and flood risk information is current and available.

SE Policy S-3.7 When feasible locate new essential public facilities outside of flood risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters.

Approved Project Mitigation Measures. No mitigation measures were identified in the GP EIR and the HEU EIR.

4.7.1.2 Proposed Project Impact Analysis
(i) Faults and (ii) Seismic Shaking
The existing setting of the Project site is mostly vacant/undeveloped with the exception of a self- storage facility, plant nursery, and a parking lot. The proposed Project would update the definition of the Business Park (BP) land use designation to remove distribution-related warehouse uses as permitted uses within BP designated land in Menifee. Furthermore, the proposed land use amendment and change of zone of 533.87 acres of Economic Development Corridor – Southern Gateway (EDC-SG) land to Economic Development Corridor – Community Core (EDC-CC) land in the southern portion of Menifee would serve to establish consistency between these parcels pursuant to California Government Code Section 65860.
111 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.6-26. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1106/Ch-05-06-GEO?bidId=. 112 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. pp. 4.7-15 and 4.7-16. June.

Website: https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

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Similar to the Approved Project, the proposed Project would establish a framework for future development that would be subject to compliance with updated goals, policies, and development standards of the Menifee General Plan,113 Menifee HEU, and Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. These goals and policies include Goal HE-1 and HE Policy 1.2. Additionally, the proposed Project would adhere to the regulatory setting set forth for the Approved Project, which includes the CBC (Title 24, Part 2). Future development facilitated by the proposed Project would also be required to complete geotechnical investigations consistent with Menifee Municipal Code Section

9.190 and 8.26.070. Therefore, in the same manner as the Approved Project, the proposed Project would result in less than significant impacts, and no new or more severe environmental impacts would occur.
(iii) Ground Failure and (iv) Landslides
Similar to the Approved Project, the proposed Project would establish a framework for future development that would be subject to compliance with updated goals, policies, and development standards of the Menifee General Plan,114 Menifee HEU, and Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. These goals and policies include Policy S-3.6 and Policy S.3-7. Additionally, the proposed Project would adhere to the regulatory setting set forth for the Approved Project, which includes the CBC (Title 24, Part 2). Future development facilitated by the proposed Project would also be required to complete geotechnical investigations consistent with Menifee Municipal Code Section

9.190 and 8.26.070. Therefore, in the same manner as the Approved Project, the proposed Project would result in less than significant impacts, and no new or more severe environmental impacts would occur.

Proposed Project Mitigation Measures. No mitigation is required.

4.7.2 Threshold B: Would the proposed Project result in substantial soil erosion or the loss of topsoil? (Threshold 3b Section 8.0 Effects Found Not to be Significant) (GP EIR Impact 5.6-5, HEU EIR Impact 4.7-2 and HEU EIR Impact 4.7-3)

4.7.2.1 Approved Project Impact Analysis
Menifee General Plan EIR. The GP EIR determined that grading and construction of projects could expose large amounts of soil and could result in soil erosion if erosion control measures were not used. The National Pollution Discharge Elimination System (NPDES) regulations would apply pursuant to the federal Clean Water Act provides best management practices for erosion control.

NPDES requirements for construction projects 1 acre or more in area are set forth in the General Construction Permit issued by the State Water Resources Control Board (Order No. 2009-0009- 113 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. Appendix C (City of Menifee General Plan Goals and Policies). September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId=. 114 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. Appendix C (City of Menifee General Plan Goals and Policies). September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId=.

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DWQ). Future development facilitated by the General Plan would be required to comply with South Coast Air Quality Management District Rules, which are used for minimizing wind erosion from such ground-disturbing activities. Additionally, Menifee Municipal Code Section 8.26.070 would require geotechnical reports for new projects to limit soil erosion during construction and operation. Thus, soil erosion impacts would be less than significant. Impacts would be the same under the Expanded EDC Scenario. 115
Menifee Housing Element Update EIR. Same analysis as the General Plan EIR above: the HEU EIR determined the Impacts would be less than significant, and no mitigation is required.116 Approved Project Mitigation Measures. No mitigation measures were identified in the certified EIRs for the Approved Project.

4.7.2.2 Proposed Project Impact Analysis
The existing setting of the Project site is mostly vacant/undeveloped with the exception of a self- storage facility, a plant nursery, and a parking lot. Similar to the Approved Project, the proposed Project would establish a framework for future development that would be subject to compliance with updated goals, policies, and development standards of the Menifee General Plan,117 Menifee HEU, and Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. These regulations include the following for future development facilitated by the proposed Project: NPDES requirements, a General Construction Permit issued by the State Water Resources Control Board, and compliance with Menifee Municipal Code Section 8.26.070, which would result in geotechnical investigations to ensure compliance with applicable provisions of the California Building Code and implementation of site-specific recommendations to minimize erosion and loss of topsoil. Therefore, in the same manner as the Approved Project, the proposed Project would result in less than significant impacts, and no new or more severe environmental impacts related to erosion and loss of topsoil would occur.

Proposed Project Mitigation Measures. No mitigation is required. 115 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.6-25. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1106/Ch-05-06-GEO?bidId=. 116 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.7-15. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=. 117 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. Appendix C (City of Menifee General Plan Goals and Policies). September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId=.

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4.7.3 Threshold C: Would the proposed Project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in on-site or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? (Threshold 3c Section 8.0 Effects Found Not to be Significant) (GP EIR Impact

5.6-5 and HEU EIR Impact 4.7-3)

4.7.3.1 Approved Project Impact Analysis
Menifee General Plan EIR. The GP EIR determined that substantial hazards from land subsidence are unlikely considering water supplies available within Menifee and planned water management efforts. Water efficiency requirements for landscape irrigation in Menifee are in Chapter 15.04 of the City Municipal Code. General Plan projects as a result of the buildout would comply with Municipal Code Chapter 15.04, which reduces the potential for landscape irrigation in Menifee to cause ground subsidence. Additionally, as mentioned above in Threshold A, projects facilitated by the General Plan component would be subject to subsurface geotechnical investigations and reports. Thus, Impacts would be less than significant.118 Menifee Housing Element Update EIR. One candidate site is within a portion of Menifee noted for landslide hazards and susceptibility. This site would be required to complete geotechnical investigations consistent with Menifee Municipal Code Sections 9.190 and 8.26.070. Further, any future housing developments facilitated by the Approved Project would be subject to permits and required to adhere to all federal, State, and local requirements. These requirements are needed for avoiding and minimizing impacts caused by unstable geological units or soils. Additionally, the HEU EIR determined that the majority of development within Menifee has been developed in the relatively flat valleys which a low risk for landslide. Updated Goal HE-1, identified above in Section

4.1.1.1, and HE Policy 1,2, identified above in Section 4.1.3.1 from the HEU, would maintain the level of any potential impacts to less than significant.119
Approved Project Mitigation Measures. No mitigation measures were identified in the Menifee GP EIR or the Menifee HEU EIR.

4.7.3.2 Proposed Project Impact Analysis
Similar to the Approved Project, the proposed Project would establish a framework for future development that would be subject to compliance with updated goals, policies, and development standards of the Menifee General Plan,120 Menifee HEU, and Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. These goals and policies include Goal HE-1 and HE Policy 1.2. Additionally, the proposed 118 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.6-29 and 5.6-30. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1106/Ch-05-06-GEO?bidId=. 119 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.7-16. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=. 120 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. Appendix C (City of Menifee General Plan Goals and Policies). September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId=.

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Project would adhere to the regulatory policies applicable to the Approved Project, which includes the CBC (Title 24, Part 2). Future development facilitated by the proposed Project would also be required to complete geotechnical investigations consistent with Menifee Municipal Code Sections

9.190 and 8.26.070. Environmental Justice and Safety element updates would not further affect the City’s efforts to manage landslides, lateral spreading, subsidence, liquefaction, and/or collapse.

Therefore, in the same manner as the Approved Project, the proposed Project would result in less than significant impacts, and no new or more severe environmental impacts related to landslides, lateral spreading, subsidence, liquefaction, and/or collapse would occur.

Proposed Project Mitigation Measures. No mitigation is required.

4.7.4 Threshold D: Would the proposed Project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (GP EIR Impact 5.6-5 and HEU EIR Impact 4.7-4)

4.7.4.1 Approved Project Impact Analysis
Menifee General Plan EIR. The GP EIR included the same analysis above for this threshold.

Development of future development projects pursuant to the General Plan would require geotechnical reports and testing and compliance with recommendations in project-specific geotechnical investigation reports resulting in the same conclusion of less than significant impacts.

Menifee Housing Element Update EIR. The same analysis was provided in the previous threshold.

Menifee Municipal Code Section 8.26.070 requires preparation of soils reports for future housing developments. Future housing development facilitated by the Approved Project would continue to analyze risks to life or property associated with expansive soils. Environmental Justice, Housing Element, and Safety policy updates would not further affect the City’s ability to manage soil quality.

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

Approved Project Mitigation Measures. No mitigation measures were identified in the Menifee GP EIR or the Menifee HEU EIR.

4.7.4.2 Proposed Project Impact Analysis
Similar to the Approved Project, the proposed Project would establish a framework for future development that would be subject to compliance with updated goals, policies, and development standards of the Menifee General Plan,121 Menifee Housing Element Update, and Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. These goals and policies include Goal HE-1 and HE Policy 1.2.

Additionally, the proposed Project would be subject to the regulatory policies applicable to the Approved Project, which includes the CBC (Title 24, Part 2). Future development facilitated by the proposed Project would also be required to complete geotechnical investigations consistent with Menifee Municipal Code Sections 9.190 and 8.26.070. Environmental Justice and Safety element 121 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. Appendix C (City of Menifee General Plan Goals and Policies). September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId=.

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updates would not further affect the City’s efforts to ensure potential soil expansion would not result in substantial risk to life and/or property. Therefore, in the same manner as the Approved Project, the proposed Project would result in less than significant impacts, and no new or more severe environmental impacts related to expansive soil would occur.

Proposed Project Mitigation Measures. No mitigation is required.

4.7.5 Threshold E: Would the proposed Project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? (GP EIR Impact 5.6-6 and HEU EIR Impact 4.7-5)

4.7.5.1 Approved Project Impact Analysis
Menifee General Plan EIR. Menifee is in the wastewater treatment service area of the Eastern Municipal Water District. The Riverside County Department of Environmental Health would require new developments in the General Plan buildout where use of septic tanks would be permitted to conduct percolation tests before installation of septic systems. This requirement is to verify that water would percolate into soil under the site at an adequate rate for the septic system to function.

Septic systems are required to comply with the California Plumbing Code (California Code of Regulations, Title 24, Part 5). The General Plan’s expansion of the EDC would permit development of fewer residential units in the proposed General Plan. This would slightly reduce the number of permitted residential units that would be allowed to use septic tanks. The GP EIR concluded that the General Plan component of the Approved Project impacts would be less than significant. 122 Menifee Housing Element Update EIR.The Approved HEU component does not propose direct development within Menifee. Future project-specific housing development would be in areas served by the City’s sanitary sewer system and would therefore not use septic tanks or other alternative wastewater disposal systems. Therefore, no impact would occur, and no mitigation is required.123 Approved Project Mitigation Measures. No mitigation measures were identified in the GP EIR and HEU EIR for the Approved Project.

4.7.5.2 Proposed Project Impact Analysis
The existing setting of the Project site is mostly vacant/undeveloped with the exception of a self- storage facility, a plant nursery, and a parking lot. Future development facilitated under the proposed Project must adhere to the California Plumbing Code (California Code of Regulations, Title 24, Part 5) and would be required by the Riverside County Department of Environmental Health to verify that water would percolate into soil at an adequate rate in areas where municipal sewer service is not available. Therefore, in the same manner as the Approved Project, the proposed 122 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.6-30. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1106/Ch-05-06-GEO?bidId=. 123 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.7-17. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

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Project would result in less than significant impacts related to soils incapable of supporting septic systems, and no new or more severe environmental impacts would occur.

Proposed Project Mitigation Measures. No mitigation is required.

4.7.6 Threshold F: Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? (GP EIR Impact 5.5-1 through 5.5-3 HEU EIR Impact 4.7-6)

4.7.6.1 Approved Project Impact Analysis
Menifee General Plan EIR. See Section 4.5, Threshold B, Cultural Resources. The potential to uncover undiscovered archeological and paleontological resources in Menifee is high.

Implementation of Mitigation Measures GP EIR 5-1 through GP EIR 5-4 were found to be required.

Impacts would less than significant with mitigation incorporated. Impacts would be the same under the Expanded EDC Scenario.124
Menifee Housing Element Update EIR. See Section 4.5, Threshold B, Cultural Resources. Future development facilitated by the Project has the potential to impact paleontological resources directly or indirectly through ground-disturbing activities during construction as it was determined in the HEU EIR that Menifee contains multiple locations with high likeliness to house paleontologically significant artifacts and resources. Therefore, the undeveloped candidate housing sites, or sites with substantial portions undeveloped, also have potential to contain archaeological resources. Goal HE- 1, Policy HE 1.7 would also reduce impacts of potential impacts.

Mitigation Measure HEU CUL-2, as prescribed in the HEU EIR, would require the preparation of an archaeological survey, where deemed necessary by the City. General Plan Exhibit OSC-4 of the Menifee GP Open Space and Conservation Element shows that the majority of the city contains land designated as high paleontological sensitivity. However, the Project does not directly propose development of housing units on these lands or the modification of these lands. Future development facilitated by the Project would be required to comply with federal, State, and local regulations regarding the management and assessment of paleontological risks and impacts.

Implementation of Mitigation Measure HEU GEO-1 would further reduce the risk of detrimental effects on paleontological resources through implementation of the Approved Project.

Environmental Justice, Housing Element, and Safety policy updates would not further affect the City’s ability to manage unique geological features and paleontological resources. Therefore, impacts would be less than significant with mitigation incorporated.125 124 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. pp. 5.6-15 through 5.6.17. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1106/Ch-05-06-GEO?bidId=. 125 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.7-17. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

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Approved Project Mitigation Measures. Mitigation Measures GP EIR 5-1 through GP EIR 5-4 are required for the Approved General Plan component. The HEU component requires HEU EIR CUL-2 and HEU EIR GEO-1 (see above Section 4.5: Cultural Resources).

HEU EIR GEO-1 Applications for future development consistent with the Project, where the City has determined a potential for impacts to paleontological resources, shall be required to comply with the following mitigation framework:

1.Retain a Qualified Project Paleontologist. Prior to ground disturbing activities, the Applicant shall retain a qualified Project Paleontologist, defined as a paleontologist who meets the Society of Vertebrate Paleontology standards for Qualified Professional Paleontologist, to direct all mitigation measures related to paleontological resources.

2.Paleontological Monitoring and Compliance Program. After design of the housing development has been finalized to determine the precise extent and location of ground disturbing activities, and prior to ground disturbing activities, the Project Paleontologist shall prepare a Paleontological Monitoring and Compliance Program to be implemented during the ground disturbing activities. The Program shall be prepared in accordance with the standards set forth by current Society of Vertebrate Paleontology guidelines (2010). Prior to ground disturbing activities, the Program shall be provided to the City. Ground disturbing activities where paleontological sensitivity has been identified shall be monitored full-time by a qualified paleontological monitor during initial ground disturbing activities. The Program shall be supervised by the Project Paleontologist in coordination with the City. The duration and timing of the monitoring shall be determined by the Project Paleontologist. If the Project Paleontologist determines that full-time monitoring is no longer warranted, he or she may recommend to the City that monitoring be reduced to periodic spot-checking or cease entirely. Monitoring shall be reinstated, if reduction or suspension would need to be reconsidered by the Project Paleontologist. The Program shall outline the procedures for construction staff Worker Environmental Awareness Program (WEAP) training, paleontological monitoring extent and duration, salvage and preparation of fossils, the final mitigation and monitoring report, and paleontological staff qualifications.

3.Salvage of Fossils. If fossils are discovered, the Project Paleontologist or paleontological monitor shall recover them. Typically, fossils can be safely salvaged quickly by a single paleontologist and not disrupt construction activity. In some cases, larger fossils (such as complete skeletons or large mammal fossils) require more extensive excavation and longer salvage periods. In this case, the paleontologist shall have the authority to temporarily direct, divert, or halt construction activity to ensure that the fossil(s) can be removed in a safe and timely manner.

GE N E R A L PL A N AM E N D M E N T A N D CH A N G E O F ZO N E PR O J E C T

ME N I F E E, CA L I F O R N I A

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4.Preparation and Curation of Recovered Fossils. Once salvaged, the City shall ensure that significant fossils are identified to the lowest possible taxonomic level, prepared to a curation-ready condition, and curated in a scientific institution with a permanent paleontological collection (such as the San Diego County Natural History Museum), along with all pertinent field notes, photos, data, and maps. Fossils of undetermined significance at the time of collection may also warrant curation at the discretion of the Project Paleontologist. Field collection and preparation of fossil specimens shall be performed by the Project Paleontologist with further preparation as needed by an accredited museum repository institution at the time of curation.

5.Final Paleontological Monitoring and Compliance Report. Upon completion of ground disturbing activities (and curation of fossils, if necessary) the Project Paleontologist shall prepare a Final Paleontological Monitoring and Compliance Report outlining the results of the Paleontological Monitoring and Compliance Program. The report shall be provided to the City and shall include discussion of the location, duration, and methods of the monitoring, stratigraphic sections, any recovered fossils, and the scientific significance of those fossils, and where fossils were curated.

4.7.6.2 Proposed Project Impact Analysis
The existing setting of the Project site is mostly vacant/undeveloped with the exception of a self- storage facility, a plant nursery, and a parking lot.

Similar to the Approved Project, the proposed Project would be subject to Goal HE-1, Policy HE 1.7 and Policy OSC-5.1. Exhibit OSC-4 of the General Plan shows high sensitivity for paleontological resources in the northern portion of the proposed Project site.126 Thus, similar to the Approved Project, future development as a result of the proposed Project has a high potential of uncovering paleontological resources
The proposed Project would implement Mitigation Measures GP EIR CUL 5-1 through 5-5 of the GP EIR, and Mitigation Measures HEU EIR CUL-2 and HEU EIR GEO-1 to ensure paleontological resources are managed in accordance with CEQA Guidelines. Therefore, in a similar manner as the Approved Project, the proposed Project would result in less than significant impacts with mitigation, and no new or more severe environmental impacts to paleontological resources would occur.

Proposed Project Mitigation Measures. Implementation of Mitigation Measures GP EIR CUL 5-1 through 5-5 of the GP EIR, and HEU EIR CUL-2 and HEU EIR GEO-1. No new mitigation measures are required as a result of the proposed Project.
126 The Planning Center, DC&E. 2013. City of Menifee General Plan. Open Space and Conservation Element.

Exhibit OSC-4: Paleologic Resource Sensitivity. August. Website: https://www.cityofmenifee.us/ DocumentCenter/View/1085/ExhibitOSC-4_Paleologic_Resource_Sensitivity_HD0913?bidId= (accessed June 16, 2022).

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4.8 GREENHOUSE GAS EMISSIONS AND CLIMATE CHANGE
Issues:

New Potentially
Significant
Impact
New
Mitigation
Required
No New or
More
Severe
Impact
a. Would the proposed Project generate
greenhouse gas emissions, either directly
or indirectly, that may have a significant
impact on the environment?
b. Would the proposed Project conflict with
any applicable plan, policy, or regulation
of an agency adopted for the purpose of
reducing the emissions of greenhouse
gases?
The information in this section for the proposed Project is derived from the Air Quality and Greenhouse Gas Emissions Analysis for the Menifee General Plan Amendment (AQ/GHG Memorandum) prepared by LSA Associates, Inc. May 2022 (Appendix A).

4.8.1 Threshold A: Would the proposed Project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? (GP EIR Impact 5.7-1 and HEU EIR Impact 4.8-1)
and
Threshold B; Conflict with any applicable plan, policy, or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? (GP EIR Impact 5.7-2 and HEU EIR Impact 4.8-2)
The analysis presented below applies to both Threshold A and Threshold B of Section 4.8.

4.8.1.1 Approved Project Impact Analysis
Menifee General Plan EIR. At the time of the certification of the General Plan, the City of Menifee had not yet adopted a qualified greenhouse gas (GHG) reduction plan. However, the California Air Resources Board adopted the 2008 Scoping Plan to identify statewide strategies to achieve the GHG reduction targets of Assembly Bill (AB) 32, and the Southern California Association of Governments (SCAG) adopted the 2012 Regional Transportation Plan/Sustainable Communities Strategy to achieve the local passenger vehicle per capita GHG reduction targets of Senate Bill 375. 127 The General Plan had developed a Greenhouse Gas Reduction Policy and Implementation Strategies (Table 5.7-9 of the General Plan Final Environmental Impact Report [GP EIR]) and was determined to be consistent with Scoping Plan.

However, shown in Table 5.7-8 of the GP EIR, GHG emissions with reduction measures incorporated in the City under the General Plan buildout with Expanded EDC would not meet the efficiency 127 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. pp. 5.7-15 through 5.7.18. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1107/Ch-05-07-GHG?bidId=.

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threshold of 4 metric tons of carbon dioxide per year per service population. Thus, the GP EIR determined buildout of the proposed General Plan would result in an increase in GHG emissions compared to existing conditions and would neither meet the AB 32 reduction target nor achieve the long-term GHG reductions goals under Executive Order S-03-05. Mitigation Measure GP EIR 3-1 (see Section 4.3, Air Quality of this Addendum) was recommended along with policies and measures in the GP EIR GHG Table 5.7-9. Even after mitigation and adhering to policies, the General Plan EIR concluded this component of the Approved Project would result in significant and unavoidable impacts.128
Menifee Housing Element Update. The Housing Element Update (HEU) component does not include physical alterations to Menifee that could directly create changes to the city’s existing air quality or regional air quality. Instead, the Project proposes multiple regulatory changes to the City’s General Plan. Determined by the Housing Element Update Final Program Environmental Impact Report (HEU EIR), future housing development facilitated by the Project would result in an increase in GHGs due to increased vehicle miles traveled. Future developments facilitated by the HEU would be required to comply with applicable federal, State and local regulations regarding GHG emissions. This includes policies required by the South Coast Air Quality Management District. Developers would be required to comply with one of five exclusion tiers to avoid significant environmental impacts.

Continued compliance with the California Building Code, which includes Title 24, Part 11, would still be required for the future housing developments at the time of project-specific initiation. Thus, making it required for future project-specific residential developments to be consistent with any applicable regulations involving energy efficiency, water efficiency/conservation, material conservation and resource efficiency, and environmental quality. Additionally, additional goals and policies have been proposed for the Menifee General Plan Safety Element for climate change hazards. These include the Goal S-7, Policy S-7.1, Policy S-7.4, and Policy S-7.5, as identified above in Section 4.3.1.1, and Policy S-7.5, identified in Section 4.6.1.1.

The HEU would not directly generate additional GHG emissions within Menifee. The Approved Project was determined to be in accordance with State housing law and general plan laws, as the HEU is designed to be implemented within the framework provided by State law and would therefore not conflict with other established State laws, such as GHG regulations. Adherence to GHG regulations and Menifee General Plan proposed goals and policies would be required for the future development facilitated by the HEU. Thus, impacts from GHG emissions and consistency with applicable plan, policy, or regulations would be less than significant without mitigation.129 Approved Project Mitigation Measures. Mitigation measures were not identified in the certified EIRs for the Approved Project.
128 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. pp. 5.7-15 through 5.7.18. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1107/Ch-05-07-GHG?bidId=. 129 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. pp. 4.8-16 through 4.8-18. June.

Website: https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

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4.8.1.2 Proposed Project Impact Analysis
Regulations prescribed in Table 5.7-9 of the GP EIR have been updated in accordance with Title 24 and Senate Bill 32 which updated the corresponding polices/regulations in Table 5.7-9 of the GP EIR.

The Proposed Project does not include any physical development, but rather includes provisions that would allow for future development in accordance with designated land uses and zoning for subject properties. However, future buildout of the proposed project would exceed GHG standards set forth by the City.

The existing setting of the Project site is mostly vacant/undeveloped with the exception of a self- storage facility, plant nursery, and a parking lot. The proposed Project would change the approved mix of land uses related to residential from 10 percent to 20 percent, commercial retail from 10 percent to 30 percent, commercial office from 10 percent to 40 percent, and business park from 70 percent to 10 percent. The Air Quality and Greenhouse Gas Emissions Analysis for the Menifee General Plan Amendment (AQ/GHG Memorandum) prepared by LSA includes outputs from CalEEMod, a statewide land use emissions model, to quantify potential GHG emissions from the buildout of the proposed Project. Tables 4.8.A and 4.8.B include the metric ton-per-year output of mobile source GHG emissions of both the Approved Project land uses and proposed Project land uses.

Table 4.8.A: Mobile Source Greenhouse Gas Emissions – Existing Uses GHG Emissions, MT/yrCategory CO2 CH4 CO2e
Area Sources 20 <1 20
Energy Sources 15,971 1 16,055
Mobile Sources 138,896 7 141,055
Waste Sources 1,545 91 3,828
Water Sources 5,218 45 6,663
Total GHG Emissions 161,650 144 167,621
Source: Source: Air Quality and Greenhouse Gas Emissions Analysis for the Menifee General Plan Amendment. Table H. (LSA Associates, Inc. 2022) (Appendix A).

GHG = greenhouse gas
MT/yr = metric ton(s) per year
CO2 = carbon dioxide
CH4 = methane
CO2e = carbon dioxide equivalent
Table 4.8.B: Mobile Source Greenhouse Gas Emissions – Proposed Uses GHG Emissions, MT/yr
Category CO2 CH4 CO2e
Area Sources 40 <1 41
Energy Sources 14,816 1 14,895
Mobile Sources 129,556 6 131,581
Waste Sources 1,343 79 3,327
Water Sources 3,869 33 4,939

GE N E R A L PL A N AM E N D M E N T A N D CH A N G E O F ZO N E PR O J E C T

ME N I F E E, CA L I F O R N I A

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CalEEMod output shows that the proposed Project would have fewer GHG emissions compared to the Approved Project. This is due primarily to the anticipated reduced trip generation that would result from the proposed amendment to the mix of land uses within the EDC (refer to Section 4.17 below and Tables 2.A, 2.B, and 2.C in Section 2.1 above). These GHGs include carbon dioxide and methane. The proposed Project would have fewer air quality emissions relating to long-term regional operational emissions and mobile source GHG emissions compared to the Approved Project but would still have significant and unavoidable impact with the full buildout of the proposed Project.

There is a current imbalance of the jobs-to-housing ratio such that Menifee sees a significant net outflow of workers commuting to work locations in other communities.130 The Menifee office market continues to grow related to population growth in the region, and the vacancy rate is very low at 1.4 percent.131 The State’s population growth has declined -0.4 percent with the Riverside County’s population growth at 3 percent, while Menifee’s population has grown 18 percent.132 The South Riverside County Industrial Submarket has approximately 1.7 million square feet (sf) of flex industrial inventory, with Menifee having approximately 2,400 sf of this share. Workers who live in Menifee are primarily employed in the health care, accommodation/food service, education, retail trade, and construction sectors133 and approximately 50 percent of these residents work in office- related industries134 while 53 percent of employees [from other communities] who work in Menifee work in office-related industries. Thus, the proposed Project would provide a balance of jobs to residents of Menifee through the proposed increase of residential dwelling units and commercial retail/commercial office development potential. A balanced jobs-to-housing ratio contributes to the reduction in regional vehicle miles traveled and GHG emissions that are identified in the SCAG Regional Transportation Plan and the Air Quality Management Plan. Additionally, Menifee’s shortest drive times include uses along the freeway corridor in the EDC-CC.135 With the proposed Project increasing commercial retail and commercial office uses in conjunction with residential development potential by converting 533.87 acres of EDC-SG to EDC-CC (refer to Tables 2.A, 2.B, and 2.C in Section 2.1 above), the project is contributing toward a balanced jobs-to- housing ratio in the city so that residents would have a reduced commute distance to work. A 130 Kosmont Companies. City of Menifee Office Market Analyses. p. 14. August 2022. 131 Ibid. p. 20.
132 Ibid. p. 10.
133 Ibid. pp. 6, 13, and 16.
134 Ibid. pp. 16.
135 Ibid. pp. 8.

Total GHG Emissions 149,623 120 154,782
Emissions Differences from the Existing Uses -12,028 -24 -12,839 Source: Source: Source: Air Quality and Greenhouse Gas Emissions Analysis for the Menifee General Plan Amendment. Table I. (LSA Associates, Inc. 2022) (Appendix A).

GHG = greenhouse gas
MT/yr = metric ton(s) per year
CO2 = carbon dioxide
CH4 = methane
CO2e = carbon dioxide equivalent

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balanced jobs-to-housing ratio contributes to the reduction in regional vehicle miles traveled and GHG emissions, resulting in reduced GHG emissions under the proposed Project.

Similar to the Approved Project, the proposed Project would establish a framework for future development that would be subject to compliance with updated goals, policies, and development standards of the Menifee General Plan,136 Menifee Housing Element Update, and Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. These goals and policies include Goal S-7, Policy S-7.1, Policy S-7.4, Policy S-7.5. Furthermore, the proposed Project would implement Mitigation Measure GP EIR 3-1 (See Section 4.3 Air Quality of this Addendum), which was prescribed in conjunction with compliance with Title 24 and Senate Bill 32, which replace the measure in GP EIR GHG Table 5.7-9.

Although implementation of the proposed Project would result in fewer GHG emissions than identified in the Approved Project, the proposed Project would result in significant and unavoidable impacts from emissions of GHG and conflict with applicable plans adopted to reduce GHG emissions even after mitigation and adherence to policies. Nevertheless, GHG impacts from the proposed Project would not be new or more severe than those identified under the Approved project.

Proposed Project Mitigation Measures. Implementation of GP EIR Mitigation Measure 3-1. No new modified Project-specific mitigation is required.
136 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. Appendix C (City of Menifee General Plan Goals and Policies). September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1129/C_GP-Goals-Policies?bidId=.

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ME N I F E E, CA L I F O R N I A

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4.9 HAZARDS AND HAZARDOUS MATERIALS
Issues:

New Potentially
Significant
Impact
New
Mitigation
Required
No New or
More
Severe
Impact
a. Would the proposed Project create a
significant hazard to the public through the
routine transport, use, or disposal of
hazardous materials?
b. Would the proposed Project create a
significant hazard to the public or the
environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous
materials into the environment?
c. Would the proposed Project emit
hazardous emissions or handle hazardous
or acutely hazardous materials,
substances, or waste within one quarter
mile of an existing or proposed school?
d. Would the proposed Project Be located on
a site which is included on a list of
hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
e. Would the Project be located within an
airport land use plan or, where such a plan
has not been adopted, within two miles of
a public airport or public use airport,
would the project result in a safety hazard
or excessive noise for people residing or
working in the project area?
f. Would the proposed Project Impair
implementation of or physically interfere
with an adopted emergency response plan
or emergency evacuation plan?
g. Would the proposed Project expose
people or structures, either directly or
indirectly, to a significant risk of loss, injury
or death involving wildland fires?

4.9.1 Threshold A: Would the proposed Project create a significant hazard to the public through the routine transport, use, or disposal of hazardous materials? (GP EIR Impact 5.8-1 and HEU Impact 4.9-1)

4.9.1.1 Approved Project Impact Analysis
Menifee General Plan EIR. The (GP EIR) determined that the buildout of the General Plan would increase the frequency of transport, use, and disposal of hazardous materials within Menifee, especially with the expansion of the Economic Development Corridor (EDC) land use in Menifee near

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Interstate 215 (I-215). However, it is assumed that future projects as result of the General Plan would comply with current federal and State regulations, City ordinances, and proposed General Plan policies. These policies and ordinances would regulate the handling of hazardous substances to reduce potential releases of hazard materials and exposure to the public.

Future developments facilitated by the General Plan would be regulated at the local, State, and federal level and are subject to investigation. Compliance with the Resource Conservation & Recovery Act (RCRA), Comprehensive Environmental Response, Compensation & Liability Act (CERCLA), and California Code of Regulations, Title 22 would reduce any potential impacts caused by hazardous substance contamination.

Safety policies listed in GP EIR Chapter 5.8 give substantial consideration to the reduction of hazardous materials contamination. These policies are detailed in the General Plan Safety Element.

Upon implementation of these policies and adherence to the Municipal Code, buildout of the General Plan would not expose the public to the release of hazardous materials. Impacts would be less than significant.137
Menifee Housing Element Update EIR. The Approved Housing Element Update (HEU) component does not propose construction or other development. Demolition and construction activities associated with future housing development facilitated by the Menifee General Plan and the 2021– 2029 Housing Element Update (Approved Project) could require transport of hazardous materials.

However, future HEU developments are subject to compliance with handling measures required by the City during construction and operational phases. Therefore, adoption of the Menifee HEU would not physically impact the environment. Future housing development facilitated by buildout of the Menifee HEU would be subject to compliance with updated goals, policies, and development standards of the Menifee HEU, as well as Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses.

Policy updates associated with the updated elements would not further affect the City’s ability to manage hazardous material discharges. Therefore, impacts would be less than significant. 138 Approved Project Mitigation Measures. No mitigation measures were identified in the Menifee GP EIR or the Menifee Housing Element Update EIR (HEU EIR).

4.9.1.2 Proposed Project Impact Analysis
The proposed Project consists of a City initiated GPA to amend the General Plan Land Use Map for 533.87 acres of land from Economic Development Corridor – Southern Gateway (EDC-SG) to Economic Development Corridor – Community Core (EDC-CC) land use designation in the southern portion of the City and update the definition of the Business Park (BP) land use designation. The 137 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.8-29. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1108/Ch-05-08-HAZ?bidId=. 138 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.9-14. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

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proposed project would prohibit distribution warehouses in the Project area, which could reduce the frequency of transporting hazardous materials. Future development facilitated by the proposed Project would be on parcels that are within the Approved Project boundary; as such, the hazardous materials impact analysis presented in the Approved Project encompasses the proposed Project site.

Future development under the proposed Project would be subject to the same federal, State, and local regulations applicable to the Approved Project to regulate hazardous materials and reduce potential releases into the environment. These regulations include compliance with the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), and Title 8 and Title 22 of the California Code of Regulations.

Any site-specific remediation would occur in accordance with the standards of the regulatory agency with regional jurisdiction over the specific materials released. Therefore, in a similar manner as the Approved Project, impacts to the public through the routine transport, use, or disposal of hazardous materials from implementation of the proposed Project would be less than significant. The proposed Project would not result in new or more severe environmental impacts concerning routine transport, use, or disposal of hazardous materials than anticipated for the Approved Project.

Proposed Project Mitigation Measures. No Mitigation is required.

4.9.2 Threshold B: Would the proposed Project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (GP EIR Impact

5.8-1 and HEU Impact 4.9-1)

4.9.2.1 Approved Project Impact Analysis
The GP EIR and the HEU EIR analyzed this threshold under Threshold A and concluded that the Approved Project would have less than significant impacts.

Approved Project Mitigation Measures. No mitigation measures were identified in the Menifee GP EIR or the Menifee HEU EIR.

4.9.2.2 Proposed Project Impact Analysis
The same analysis holds here as for Threshold A.

Future development under the proposed Project would be subject to the same federal, State, and local regulations applicable to the Approved Project to regulate hazardous materials and reduce potential releases into the environment. These regulations include compliance with the CERCLA, RCRA, and Title 8 and Title 22 of the California Code of Regulations. Any site-specific remediation would occur in accordance with the standards of the regulatory agency with regional jurisdiction over the specific materials released. Therefore, in a similar manner as the Approved Project, impacts to the public through the routine transport, use, or disposal of hazardous materials from implementation of the proposed Project would be less than significant. The proposed Project would not result in new or more severe environmental impacts concerning the release of hazardous materials than anticipated for the Approved Project.

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Proposed Project Mitigation Measures. No mitigation is required.

4.9.3 Threshold C: Would the proposed Project emit hazardous emissions or handle acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (GP EIR Impact 5.8-1 and HEU Impact 4.9-3)

4.9.3.1 Approved Project Impact Analysis
Menifee General Plan EIR. The GP EIR identified that none of the existing public K–12 schools in Menifee is within 0.25 mile of I-215, which has a higher risk of exposing the public through the transport of toxic materials. Future developments facilitated by the General Plan buildout would be regulated at the local, State, and federal level and are subject to investigation. Compliance with the RCRA, CERCLA, and California Code of Regulations, Title 22 would reduce any potential impacts caused by hazardous substance contamination. Upon implementation of these policies and adherence to the Municipal Code, buildout of the General Plan would not expose schools to the release of hazardous materials. Impacts would be less than significant.139 Menifee Housing Element Update EIR. The HEU EIR identified more than 15 schools within Menifee.

The HEU would facilitate future development of 8,696 dwelling units in Menifee through adoption of development provisions and standards, but it does not include direct physical development of any dwelling units. Therefore, adoption of the Menifee Housing Element Update would not physically expose schools to hazardous materials. Future housing development facilitated by build-out of the Menifee HEU would be subject to compliance with updated goals, policies, and development standards of the Menifee HEU, as well as Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses.140 Any future housing development facilitated by the HEU component would need to adhere to mandatory requirements and regulations related to the emissions or handling of hazardous materials, substances, or wastes near schools to reduce the potential for impacts to schools.

Adherence to California Hazardous Waste Control Law, California Health and Safety Code, and RCRA regulations would reduce potential impacts associated with the accidental release of hazardous materials. As a result, future housing development facilitated by the Project would not conflict with any State or local plan aimed at preventing emissions or handling of hazardous materials near schools. Policy updates associated with environmental justice, Housing Element, and the Safety Element would not further affect the City’s ability to manage hazardous material discharges.

Therefore, impacts would be less than significant.

Approved Project Mitigation Measures. No mitigation measures were identified in the Menifee GP EIR or the Menifee HEU EIR.
139 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.8-29. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1108/Ch-05-08-HAZ?bidId=. 140 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.9-15. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

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4.9.3.2 Proposed Project Impact Analysis
The proposed Project consists of a City initiated General Plan Amendment to amend the General Plan Land Use Map for 533.87 acres of land from EDC-SG to EDC-CC land use designation in the southern portion of the City and update the definition of the Business Park (BP) land use designation.

Future development facilitated by the proposed Project would be on parcels that are within the Approved Project boundary; as such, the hazardous materials impact analysis presented in the GP EIR and HEU EIR encompasses the proposed Project site. The proposed project would prohibit distribution warehouses in the Project area, which could reduce the frequency of transporting hazardous materials. Furthermore, none of the existing public K–12 schools in Menifee are within

0.25 mile of I-215, thus reducing the risk of exposing occupants of school campuses to hazardous materials through transport of such materials.

Future development under the proposed Project would be subject to the same federal, State, and local regulations applicable to the Approved Project to regulate hazardous materials and reduce potential exposure to schools. The transport, use, and storage of hazardous materials during construction, operation, and occupation of site-specific projects implemented under the proposed Project would be regulated by the Riverside County Fire Department and the California Occupational Safety and Health Administration. The United States Department of Transportation Office of Hazardous Materials Safety prescribes strict regulations for the safe transportation of hazardous materials by truck and rail on State highways and rail lines. Any site-specific remediation would occur in accordance with the standards of the regulatory agency with regional jurisdiction over the specific materials released. Therefore, in a similar manner as the Approved Project, impacts from hazardous materials transported, utilized, or disposed within one-quarter mile of a school from implementation of the proposed Project would be less than significant. The proposed Project would not result in new or more severe environmental impacts concerning hazardous materials within one-quarter mile of a school than anticipated for the Approved Project.

Proposed Project Mitigation Measures. No mitigation is required.

4.9.4 Threshold D: Would the proposed Project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would create a significant hazard to the public or the environment? (GP EIR Impact 5.8-2 and HEU Impact 4.9-4)

4.9.4.1 Approved Project Impact Analysis
Menifee General Plan EIR. The GP EIR identified that Menifee encompasses an area that includes historical releases of hazardous substances to the environment and is undergoing environmental investigation. At the time of the GP EIR, there were six reported significant hazardous materials sites in the Menifee General Plan area reported by CERCLA and the United States Environmental

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Protection Agency. These sites are registered large-quantity hazardous waste generators, or Toxics Release Inventory sites.141
Since there are numerous sites undergoing investigation and/or remediation within Menifee, impacts from hazardous substance contamination on or adjacent to future project developments may occur. Future developments of the General Plan may be impacted by hazardous substance contamination remaining from historical operations on a particular site that may pose a significant health risk.

Future developments facilitated by the General Plan would be regulated at the local, State, and federal level and are subject to investigation. Compliance with RCRA, CERCLA, and California Code of Regulations, Title 22 would reduce any potential impacts caused by hazardous substance contamination. Upon implementation of these policies and adherence to the Municipal Code, buildout of the General Plan would not expose schools to the release of hazardous materials.

Impacts would be less than significant.142
Menifee Housing Element Update EIR. The California Department of Toxic Substances Control (DTSC) identified no hazardous waste or substance sites in Menifee pursuant to California Government Code Section 65962.5. However, the HEU EIR conducted a regulatory review of the DTSC Envirostor and State Water Resources Control Board Geotracker websites. It was identified that several regulated facilities, cleanup sites, and sites were undergoing remediation within the city. Like the General Plan component of the Approved Project, future developments facilitated by the HEU would be regulated at the local, state, and federal level and are subject to investigation.

Compliance with RCRA, CERCLA, and California Code of Regulations, Title 22 would reduce any potential impacts caused by hazardous substance contamination. Upon implementation of these policies and adherence to the Municipal Code, buildout of the General Plan would not create a significant hazard of hazardous materials. Impacts would be less than significant. 143 Approved Project Mitigation Measures. No mitigation measures were identified in the Menifee GP EIR or the Menifee HEU EIR.

4.9.4.2 Proposed Project Impact Analysis
The provisions of California Government Code Section 65962.5 require the State Water Resources Control Board, Department of Toxic Substances Control, California Department of Health Services, and California Department of Resources Recycling and Recovery to submit information to the California Environmental Protection Agency (CalEPA) pertaining to sites that were associated with 141 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.8-30. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1108/Ch-05-08-HAZ?bidId=. 142 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.8-29. September: Website:
https://www.cityofmenifee.us/DocumentCenter/View/1108/Ch-05-08-HAZ?bidId=. 143 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.9-16. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

GE N E R A L PL A N AM E N D M E N T A N D CH A N G E O F ZO N E PR O J E C T

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solid waste disposal, hazardous waste disposal, and or hazardous materials releases. The compilation of hazardous materials release sites that meet criteria specified in Government Code Section 65962.5 is known as the Cortese List.

Based on the California Department of Toxic Substances Control Envirostor Database, there are currently no hazardous materials release sites on the Project site or vicinity that meet the criteria for inclusion on the Cortese List.144 Future development under the proposed Project would be subject to the same federal, State, and local regulations applicable to the Approved Project to regulate hazardous materials and reduce potential releases into the environment. These regulations include compliance with the CERCLA, RCRA, and Title 8 and Title 22 of the California Code of Regulations.

Any site-specific remediation would occur in accordance with the standards of the regulatory agency with regional jurisdiction over the specific materials released. Therefore, in a similar manner as the Approved Project, impacts related to development on a hazardous materials release site included on the Cortese List from implementation of the proposed Project would be less than significant. The proposed Project would not result in new or more severe environmental impacts concerning development on sites subject to Government Code Section 65962.5 than anticipated for the Approved Project.

Proposed Project Mitigation Measures. No Mitigation measure is required.

4.9.5 Threshold E: Would the Project be located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? (GP EIR Impact 5.8-3 and HEU Impact 4.9-5)

4.9.5.1 Approved Project Impact Analysis
Menifee General Plan EIR. The EIR identified portions of Menifee to be in airport influence areas for Perris Valley Airport and March Air Reserve Base. As a result of the General Plan buildout, future development plans for projects in the part of Airport Compatibility Zone E for Perris Valley Airport or the parts of Airport Compatibility Zones D or E for March Air Reserve Base in Menifee would be reviewed by the Riverside County Airport Land Use Commission (RCALUC) prior to City approval. If the RCALUC determines that a future development plan is inconsistent with the Airport Land Use Plan, the RCALUC requires the local agency to reconsider its approval. Overruling the RCALUC decision may only occur if a two-thirds vote of its governing board agree that the plan is consistent with Section 21670 of the California Public Utilities Code (California Aeronautics Act).

Future developments facilitated by the General Plan would be regulated by the RCALUC and Federal Aviation Administration. Compliance would reduce any potential safety hazards caused by an airport land use. Upon implementation of these policies and adherence to the Municipal Code, buildout of 144 California Department of Toxic Substances Control. 2022. Website:
https://www.envirostor.dtsc.ca.gov/public/search.asp?page=4&cmd=search&business_name=&main_street_name=&city=&zip=&co unty=&status=ACT%2CBKLG%2CCOM&branch=&site_type=CSITES%2CFUDS&npl=&funding=&reporttitle=HAZARDOUS+WASTE+AND +SUBSTANCES+SITE+LIST+%28CORTESE%29&reporttype=CORTESE&federal_superfund=&state_response=&voluntary_cleanup=&scho ol_cleanup=&operating=&post_closure=&non_operating=&corrective_action=&tiered_permit=&evaluation=&spec_prog=&national_ priority_list=&senate=&congress=&assembly=&critical_pol=&business_type=&case_type=&searchtype=&hwmp_site_type=&cleanup _type=&ocieerp=&hwmp=False&permitted=&pc_permitted=&inspections=&inspectionsother=&complaints=&censustract=&cesdecile =&school_district=&orderby=city.

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the General Plan would not expose schools to the release of hazardous materials. Impacts would be less than significant.145
Menifee Housing Element Update EIR. The same analysis as above was conducted for the HEU. The HEU would facilitate future development of 8,696 dwelling units in Menifee through adoption of development provisions and standards, but it does not include direct physical development of any dwelling units. Therefore, adoption of the Menifee Housing Element Update would not physically be impacted by airport land uses. However, future development facilitated by the HEU may be impacted.

Future housing development facilitated by build-out of the Menifee HEU would be subject to compliance with updated goals, policies, and development standards of the Menifee HEU, as well as Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. The EIR identified 58 candidate sites within March Air Reserve Base Compatibility Zone E.

Future developments facilitated by the General Plan would be regulated by the RCALUC and the Federal Aviation Administration. Compliance would reduce any potential safety hazards caused by an airport land use. Impacts would be less than significant.146 Approved Project Mitigation Measures. No mitigation measures were identified in the Menifee GP EIR or the Menifee HEU EIR.

4.9.5.2 Proposed Project Impact Analysis
The certified EIRs for the Approved Project identified that the March Air Reserve Base and Perris Valley Airport Compatibility Zones are in the northern portion of the city boundaries, just north of Holland Road, with 58 candidate sites within March Air Reserve Base Compatibility Zone E. The proposed Project site is south of Garbani Road, approximately 3 miles south of the nearest airport influence zone.

Future development of the proposed Project would continue to adhere to applicable policies, goals, and zoning development standards set-forth by the GP EIR and HEU EIR. However, there are no project-project specific regulatory compliance required by the RCALUC. Therefore, in a similar manner as the Approved Project, impacts from a safety hazard or noise due to proximity to an airport from implementation of the proposed Project would be less than significant. The proposed Project would not result in new or more severe environmental impacts concerning airport hazards than anticipated for the Approved Project.
145 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.8-31. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1108/Ch-05-08-HAZ?bidId=. 146 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.9-16. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

GE N E R A L PL A N AM E N D M E N T A N D CH A N G E O F ZO N E PR O J E C T

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Proposed Project Mitigation Measures. No mitigation is required.

4.9.6 Threshold F: Would the proposed Project Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (GP EIR Impact 5.8-4 and HEU Impact 4.9-6)

4.9.6.1 Approved Project Impact Analysis
Menifee General Plan EIR. Buildout of the proposed General Plan would result in some changes to the City’s circulation network. However, it would not increase hazards or impact emergency access due to design features of the adopted Riverside County Integrated Plan (RCIP). The RCIP gives design recommendation for broader array of traffic volume conditions and modes to provide appropriate lane capacities within limited right-of-way. The plan also provides detailed information on lane configurations, shoulders, medians, etc.147 Future projects as a result of the General Plan buildout would comply with design guidelines. Additionally, at full General Plan buildout, development in many parts of Menifee would intensify urban uses in currently undeveloped areas, generating employees and residents. However, implementation of the approved General Plan is not expected to provide inadequate emergency access.

Additionally, the City adopted the Riverside County Operational Area Emergency Operations Plan (EOP) in 2006. The EOP organizes the roles of agencies in emergency preparedness, emergency response, and hazard mitigation. The County of Riverside Local Hazard Mitigation Plan, adopted in 2004, identifies and assess local hazards to mitigate potential risks to people and property from natural and man-made hazards, including wildfires. Implementation of the proposed General Plan would be consistent with the EOP and Local Hazard Mitigation Plan’s emergency evacuation routes and would not interfere with the operations of emergency response agencies.

Safety policies refenced in GP EIR Chapter 5.8 give substantial consideration to the public’s emergency safety within Menifee. These policies are detailed in the General Plan Safety Element.

Upon implementation of these policies and adherence to the Municipal Code, buildout of the General Plan would not substantially conflict with emergency plans in Menifee. Impacts would be less than significant. 148
Menifee Housing Element Update EIR. The City of Menifee created its own Local Hazard Mitigation Plan (LHMP) in 2015. The LHMP included policies to reduce the risk of impacts as a result of wildfires. The Menifee HEU included an update to the Safety Element to incorporate LHMP mitigation policies into the Menifee General Plan. The HEU would facilitate future development of 8,696 dwelling units in Menifee through adoption of development provisions and standards, but it does not include direct physical development of any dwelling units. Therefore, adoption of the Menifee HEU would not physically impact emergency plans. Future housing development facilitated 147 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.16-49. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1116/Ch-05-16-T?bidId=. 148 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. pp. 5.9-31 and 5.9-39. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1108/Ch-05-08-HAZ?bidId=.

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by buildout of the Menifee HEU would be subject to compliance with updated goals, policies, and development standards of the Menifee HEU, as well as Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses. The Impacts would be less than significant.149 Approved Project Mitigation Measures. No mitigation measures were identified in the Menifee GP EIR or the Menifee HEU EIR.

4.9.6.2 Proposed Project Impact Analysis
The existing setting of the Project site is mostly vacant/undeveloped with the exception of a self- storage facility, a plant nursery, and a parking lot and the proposed Project would facilitate development of vacant/undeveloped land. In the same manner as the Approved Project, future development applications submitted to the City under the proposed Project would be subject to design review pursuant to Title 9 (Planning and Zoning) of the City Municipal Code in conjunction with site specific evaluations pursuant to CEQA and the goals and policies listed in General Plan EIR Chapter 5.8 and HEU EIR to ensure projects would not conflict with the LHMP and EOP in effect at the time of the proposed development. Therefore, the proposed Project would not result in new or more severe environmental impacts concerning conflict with emergency response or evacuation plans than anticipated for the Approved Project.

Proposed Project Mitigation Measures. No mitigation is required.

4.9.7 Threshold G: Would the proposed Project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? (GP EIR Impact 5.8-5 and HEU Impact 4.9-7)

4.9.7.1 Approved Project Impact Analysis
Menifee General Plan EIR. A large percentage of Menifee’s area is designated part of Moderate, High, and Very High Fire Hazard Severity Zones. The GP EIR determined that the General Plan would designate areas for development adjacent to areas that would be designated to open space.

Additionally, future development as a result of the General Plan buildout would be reviewed in a project-specific basis to ensure the compliance of building, planning and landscaping requirements along with complying with State fire codes. These codes include sections on fire-resistant construction material requirements based on building use and occupancy.

Safety policies refenced in GP EIR Chapter 5.8 give substantial consideration to the mitigation and response measures for fire impacts in Menifee. These policies are detailed in the General Plan Safety Element. Upon implementation of these policies and adherence to the Municipal Code, buildout of 149 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.9-17. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

GE N E R A L PL A N AM E N D M E N T A N D CH A N G E O F ZO N E PR O J E C T

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the General Plan would not have substantial wildfire impacts in Menifee. Wildfire impacts would be less than significant. 150
Housing Element Update EIR.The HEU EIR identified one candidate site to be within a Very High Fire Hazard Severity Zone. Future housing development facilitated by build-out of the Menifee HEU would be subject to compliance with updated goals, policies, and development standards of the Menifee HEU, as well as Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses regarding wildfires. The following updated goals and policies of the Housing Element would ensure impacts from emergencies related to fire hazards remain less than significant. 151 S-4.1 Require fire-resistant building construction materials, the use of vegetation control methods, and other construction and fire prevention features to reduce the hazard of wildland fire. Ensure all new development and/or redevelopment in the LRA and VHFHSZ will comply with the California Fire Code (CFC) and California Building Code (CBC). All new development within the LRA Very High Fire zone will comply with Chapter 49 of the California Fire Code and Chapter 7A of the California Building Code.

S-4.5 Coordinate with Cal Fire to ensure that Fire Hazard Severity Zone mapping is up to date. S-4.7: Encourage multi-family housing, group homes, or other community housing in SRAs, LRAs, or VHFHSZs to develop a policy to create emergency evacuation or shelter in place plans.

S-4.7Encourage multi-family housing group homes, or other community housing in SRAs, LRAs, or VHFHSZs to develop a policy to create emergency evacuation or shelter in place plan.

S-4.8 When feasible locate new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone.

S-4.9Ensure all new development and/or redevelopment within the SRA will comply with the Board of Forestry and Fire Protection Fire Safe Regulations. All new development within the SRA will comply with all provisions of Title 14, CCR, division

1.5, chapter 7, subchapter 3, article 3 (commencing with section 1299.01) (Fire 150 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.8-32. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1108/Ch-05-08-HAZ?bidId=. 151 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.20-11. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

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Hazard Reduction Around Buildings and Structures Regulations) for SRAs and VHFHSZs.

S-4.10Ensure all new residential development as well as all new development and redevelopment within the LRA and VHFHSZ will comply with the most current version of the California Building Codes and California Fire Code.

S-4.11When feasible, the City will minimize all new residential, commercial, and industrial development in the VFHSZ.

S-4.12All new development located in the LRA VHFHSZ shall be required to provide a sites specific Fire Protection Plan (FPP) and a Fuel Modification Plan that address fuel modification or incorporate open space and other defensible space areas, as well as multiple points of ingress and egress before approval.

S-4.13All new development within the LRA VHFHSZ shall be responsible for long-term maintenance of fire reduction projects; including but not limited to, a roadside fuel reduction plan (including private/public road clearance), defensible space clearances (including fuel breaks) around structures, subdivisions, and other development in the VHFHSZ.

S-4.14All new parcel maps and tentative maps in the LRA, SRA, and VHFHSZ shall provide two points of access to the project in conformance with the California Building Code and California Fire Code and CA GC 65302 (g)(5). Approval of parcel maps and tentative maps in LRA’s, SRAs or VHFHSZs is conditional based on meeting the SRA Fire Safe Regulations and the Fire Hazard Reduction Around Buildings and Structures Regulations, particularly those regarding road standards for ingress, egress, and fire equipment access. (See Gov. Code, Section 66474.02.).

S-4.15When feasible, the City will prepare a survey of existing non-conforming developments to identify all existing developments within the City that do not provide two points of access/ evacuation routes and identify measures or improvement plans to address opportunities to improve access. Where no additional access opportunities exist, the City and Fire Department should identify a plan for emergency operations in fire/emergency events.

S-4.16The City and Fire District shall develop a policy or program promoting public outreach about defensible space and evacuation routes. The City and Fire District shall include specific plans to reach at-risk populations.

S-4.17 The City should ensure that all new development has adequate water, sewer, and fire protection consistent with the most current California Building Code and California Fire Code and will comply with the Board of Forestry and Fire Protection Fire Safe Regulations.

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Approved Project Mitigation Measures. No mitigation measures were identified in the Menifee GP EIR or the Menifee HEU EIR.

4.9.7.2 Proposed Project Impact Analysis
Future development of the proposed Project would be on parcels that are within the Approved Project boundary; as such, the impact analysis related to fire hazards presented in the GP EIR and HEU EIR has considered the proposed Project site. The Approved Project analysis identified that the City has a large percentage of area designated Moderate, High, and Very High Fire Hazard Severity Zone (VHFHSZ). The proposed Project is not within a VHFHSZ but is adjacent to one on Sherman Road (east of the Project site).152
The existing setting of the Project site is mostly vacant/undeveloped with the exception of a self- storage facility, a plant nursery, and a parking lot and the proposed Project would facilitate development of vacant/undeveloped land. In the same manner as the Approved Project, future development applications submitted to the City under the proposed Project would be subject to design review pursuant to Title 9 (Planning and Zoning) of the City Municipal Code in conjunction with site specific evaluations pursuant to CEQA and the goals and policies listed in General Plan EIR Chapter 5.8 and HEU EIR to ensure projects would be sited, designed, constructed, and operated in manners that would reduce risks from wildfire. Therefore, the proposed Project would not result in new or more severe environmental impacts concerning wildfire risks than anticipated for the Approved Project.

Proposed Project Mitigation Measures. No mitigation is required. 152 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. p. 4.20-11. June. Website:
https://www.cityofmenifee.us/DocumentCenter/View/12985/Menifee-HEU-Draft-PEIR?bidId=.

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4.10 HYDROLOGY AND WATER QUALITY
Issues:

New Potentially
Significant
Impact
New
Mitigation
Required
No New or
More
Severe
Impact
a. Would the proposed Project violate any
water quality standards or waste
discharge requirements or otherwise
substantially degrade surface or ground
water quality?
b. Would the proposed Project substantially
decrease groundwater supplies or
interfere substantially with groundwater
recharge such that the project may
impede sustainable groundwater
management of the basin?
c. Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river, or through the addition
of impervious surfaces, in a manner that
would: (i) result in substantial erosion or
siltation onsite or offsite? (ii) substantially
increase the rate or amount of surface
runoff in a manner that would result in
flooding onsite or offsite? (iii) create or
contribute runoff water that would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted
runoff? (iv) impede or redirect flood
flows?
d. Would the Project be located in flood
hazard, tsunami, or seiche zones, risk
release of pollutants due to project
inundation?
e. Would the proposed Project Conflict with
or obstruct implementation of a water
quality control plan or sustainable
groundwater management plan?

4.10.1 Threshold A: Would the proposed Project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? (GP EIR Impact 5.9-4 and HEU EIR Impact 4.10-1)

4.10.1.1 Approved Project Impact Analysis
Menifee General Plan EIR. The General Plan Final Environmental Impact Report (GP EIR) identified that construction and operation of individual projects as a result of the General Plan buildout would generate pollutants, as development in many parts of Menifee would intensify urban uses in currently undeveloped areas. Portions of Menifee that are currently vacant land or farmland would be developed with a mix of residential, commercial, industrial, and institutional uses. Project-specific

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Water Quality Management Plans (WQMPs) were not developed at this time. WQMPs would be prepared at the time of project application for future projects facilitated by the General Plan.

Project-specific WQMPs would be designed to support or enhance the regional best management practices (BMP) and efforts implemented by the City.

Open Space and Conservation policies listed in GP EIR Chapter 5.9 give substantial consideration to the water quality within the City. These policies are detailed in the General Plan Open Space and Conservation Element (OSC-7). Upon implementation of these policies and adherence to the Municipal Code, build-out of the General Plan would not substantially degrade water quality. Water quality impacts would be less than significant.153
Menifee Housing Element Update EIR. The HEU would facilitate future development of 8,696 dwelling units in the City through adoption of development provisions and standards, but it does not include direct physical development of any dwelling units. Therefore, adoption of the Menifee HEU would not physically impact water quality.

However, all future housing development projects facilitated by the HEU are required to comply with the National Pollutant Discharge Elimination System General Construction Permit and the hydrology and water quality goals and policies of the Menifee General Plan and the Menifee Municipal Code. All requirements include the preparation and implementation of a Stormwater Pollution Prevention Plan (SWPPP) to obtain grading and building permits. Future project applicants shall prepare a preliminary WQMP if any future housing development would create more than 10,000 square feet of impervious surfaces. The WQMP should further identify Low Impact Development (LID) treatment, source control BMPs, and treatment control BMPs. All requirements would be fulfilled with the implementation of Housing Element Update Final Program Environmental Impact Report (HEU EIR) Mitigation Measures HEU EIR HYD-1 and HEU EIR HYD-2.

Future housing development facilitated by buildout of the Menifee Housing Element Update would be subject to compliance with updated goals, policies, and development standards of the Menifee HEU, as well as Title 9 (Planning and Zoning) of the City Municipal Code, which are designed to ensure cohesive development and compatibility between land uses.

Updated HEU Goal HE-1 and HE Policy 1.1, identified above in Section 4.1.1.1, and HE Policy 1,2, identified above in Section 4.1.3.1, and Policies S-3.6 and S-3.7, identified in Section 4.7.1.1, would maintain any potential impacts to a level of less than significant with mitigation incorporated.154 Safety Element Update Goals and Policies.
153 The Planning Center and DC&E. 2013. City of Menifee Draft Environmental Impact Report, Menifee General Plan. State Clearinghouse SCH NO. 2012071033. p. 5.9-20. September. Website:
https://www.cityofmenifee.us/DocumentCenter/View/1109/Ch-05-09-HYD?bidId=. 154 Kimley-Horn and Associates, Inc. 2021. 2021–2029 Housing Element Update Project Draft Program Environmental Impact Report. State Clearinghouse No. SCH2021020031. pp. 4.10-12 through 4.10-16.