“Caltrans improves mobility across California”
I
f you have any questions regarding this letter, please contact Talvin Dennis at (909) 963-9608 for assistance.
S
incerely,
R
OSA F. CLARK
Office Chief
Land Development Review
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 70
Menifee Mayor and City Council
February 21, 2024
Page
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ATTACHMENT D
CITY OF PERRIS NOP RECEIPT EMAIL
CITY OF PERRIS TRAFFIC SCOPING
RECEIPT EMAIL
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 71
Menifee Mayor and City Council
February 21, 2024
Page
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1 From: Patricia Brenes <[email protected]>
Sent: Friday, January 13, 2023 6:05 PM
To: Brett Hamilton
Cc: Kenneth Phung; Stuart McKibbin
Subject: RE: Motte Business Center Traffic Scoping
[CAUTION]: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Thank you Brett! Have a nice weekend.
Please be informed that the Development Services Department is temporarily relocating to the following location:
ØFront Counterstaff consisting of building, planning, housing, and business license has relocated temporarily to 11 S. D Street effective Tuesday, September 6th. Please mail and submit plans to the new location.
Ø The balance of the Planning and Housing staff will be relocating temporarily to1093 Harley Knox Boulevard.
Due to limited office areas, staff will be available to meet via zoom unt il further notice by emailing [email protected] the assigned planner. Special arraignment can be made to meet in person by request.
Thank you,
Patricia Brenes
PlanningManager
City of Perris
Development Services Department | Planning Division
101 N. D Street
Perris, CA 92570
951-943-5003 Ext 355
[email protected]
Below are helpful links:
Link for City applications: https://www.cityofperris.org/our-city/city-hall/city-forms/-folder-155 Link for City cannabis applications: https://www.cityofperris.org/our-city/city-hall/city-forms/-folder-147 Link for City fee schedule: https://www.cityofperris.org/home/showpublisheddocument/2537/637217201195900000 Link for City Development Impact Fees:
https://www.cityofperris.org/home/showpublisheddocument/13652/637775940661530000 Link for City GIS / Zoning Information: https://www.cityofperris.org/our-city/about-perris/maps Link for City Municipal Code: https://library.municode.com/ca/perris/codes/code_of_ordinances Link for City Specific Plans: https://www.cityofperris.org/departments/development-services/specific-plans Link for City General Plan, Special Studies, and Policy Documents:
https://www.cityofperris.org/departments/development-services/general-plan Link for CEQA Documents in Public Review: https://www.cityofperris.org/departments/development- services/planning/environmental-documents-for-public-review Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 72
Menifee Mayor and City Council
February 21, 2024
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2 From: Brett Hamilton <[email protected]>
Sent: Friday, January 13, 2023 4:52 PM
To: Patricia Brenes <[email protected]>
Cc: Kenneth Phung <[email protected]>; Stuart McKibbin <[email protected]> Subject: Motte Business Center Traffic Scoping
Patricia,
Please see the attached traffic scoping forms for Motte Business Center. Please let us know if you have anycomments in addition to the NOP response sent today.
Best,
Brett Hamilton, AICP | Senior Planner
Community Development Department – Planning Division
“Creating a HEALTHY, VIBRANT, and CONNECTED community for everyone.” City of Menifee | 29844 Haun Road | Menifee, CA 92586
Direct: (951) 723-3747| City Hall: (951) 672-6777 | Fax: (951) 723-2579 [email protected] | www.cityofmenifee.us
Connect with us on social media:
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*Please note that email correspondence with the City of Menifee, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.
The City of Menifee shall not be responsible for any claims, losses or damages resulting from the use of digital data that may be contained in this email.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 73
Menifee Mayor and City Council
February 21, 2024
Page
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City Council Chambers
29844 Haun Road
Menifee, CA 92586
Jeff LaDue, Chair
Chris Thomas, Vice-Chair
Ben Diederich, Commissioner
Joe Long, Commissioner
Randy Madrid, Commissioner
AGENDA
City of Menifee
Planning Commission
Regular Meeting Agenda
Wednesday, December 13, 2023
6:00 PM Regular Meeting
Cheryl Kitzerow, Director
Stephanie Roseen, Clerk
9.1 Motte Business Center Warehouse
RECOMMENDED ACTION
1. Adopt
a
resolution
certifying
the
Environmental
Impact
Report
(State
Clearinghouse
No.
2022120083),
adopt
the
Findings
of
Fact
and
Statement
of
Overriding
Considerations, and adopt the Mitigation Monitoring and Reporting Program; and
2. Adopt
a
resolution
approving
Tentative
Parcel
Map
No.
38432
(PLN22-0114)
and
Plot
Plan
No.
PLN22-0115
generally
located
at
the
southwest
corner
of
Ethanac
Road
and Antelope Road.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 74
Menifee Mayor and City Council
February 21, 2024
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CITY OF MENIFEE
SUBJECT: Motte Business Center Warehouse
MEETING DATE: December 13, 2023
TO: Planning Commission
PREPARED BY: Brett Hamilton, Senior Planner
REVIEWED BY: Orlando Hernandez, Deputy Community Development Director
APPROVED BY: Cheryl Kitzerow, Community Development Director APPLICANT: Jon Kelly, Core5 Industrial Partners LLC
--------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt a resolution certifying the Environmental Impact Report (State Clearinghouse No. 2022120083), adopt the Findings of Fact and Statement of Overriding Considerations, and adopt the Mitigation Monitoring and Reporting Program; and
2. Adopt a resolution approving Tentative Parcel Map No. 38432 (PLN22-0114) and Plot Plan No. PLN22-0115 generally located at the southwest corner of Ethanac Road and Antelope Road.
PROJECT DESCRIPTION
Tentative Parcel Map (TPM) No. 38432 (PLN22-0114) proposes to combine eight parcels (Assessor Parcel Numbers (APNs): 331-150-036, 331-150-037, 331-150-039, 331-150-040, 331- 150-041, 331-150-042, 331-150-044, 331-150-045) into one parcel for a total of 46.33 gross acres and 43.94 net-acres.
Plot Plan (PP) No. PLN22-0115 proposes to construct one concrete tilt-up building totaling 1,138,638 square feet which includes 10,000 square feet of office, 928,638 square feet of ground floor warehouse and 200,000 square feet of mezzanine space on an approximately 43.94 net- acre project site. The building proposes a structural height of approximately 50 feet and includes 616 automobile parking spaces, 284 truck trailer parking spaces, and 128 dock doors. The Project would include landscaping on the project site and along the entire project frontage within the Dawson Road and Antelope Road rights-of-way.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 75
Menifee Mayor and City Council
February 21, 2024
Page
1368 of 1711
City of Menifee Planning Commission
Motte Business Center
December 13, 2023 Page 2 of 11
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LOCATION
The Project is generally located southeast of Interstate 215/Ethanac Road interchange in the City of Menifee, County of Riverside, State of California. The Project is generally bounded by Business Park and Heavy Industrial properties, a Riverside County Flood Control channel, Southern California Edison utility corridor, and McLaughlin Road to the south; commercial, non-conforming residential uses and Ethanac Road to the north; Antelope Road to the east; and Dawson Road to the west and consists of eight parcels (APNs: 331-150-036, -037, -039, -040, -041, -042, -044, - 045).
Project Location
GENERAL PLAN/ZONE
General Plan
The General Plan (GP) land use designation for the project site is Specific Plan No. 260 (SP-260) which is the Menifee North Specific Plan. The purpose of a specific plan is to provide detailed policies, standards, and criteria for the development of an area. Land Use designations and existing uses can be found below in Table 1. The Project’s proposed industrial use is consistent with the existing land use designation.
Zoning
The underlying zoning classification is Menifee North Specific Plan, Planning Area 2 - Industrial.
The existing zoning of the project site allows for the development of industrial and warehousing related uses which the proposed project is consistent. The industrial parcels in Planning Area 2 are intended to support the commercial uses in the region and to blend in with the adjacent industrial uses.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 76
Menifee Mayor and City Council
February 21, 2024
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City of Menifee Planning Commission
Motte Business Center
December 13, 2023 Page 3 of 11
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General Plan Map Zoning Map
Table 1 – Surrounding Land Uses
Location Existing Land Use General Plan Land Use Zoning Classification North Vacant undeveloped land;
Legal Nonconforming Single-
family residential; Truck and
Trailer Parking; Commercial
Business Park (BP) Business Park/Light Industrial (BP)
East Nova Battery Storage;
Concrete Processing Plant
Specific Plan 260 (SP-260)
Heavy Industrial (HI)
Menifee North SP PA-3
Heavy Industrial/Manufacturing (HI)
South RV Storage of Murrieta
Valley; Nonconforming
Single-Family Residential;
Flood control
channel; Utility corridor
Business Park (BP)
Heavy Industrial (HI)
Public Utility Corridor
(PUC)
Business Park/Light Industrial (BP)
Heavy Industrial/Manufacturing (HI)
Public Utility Corridor (PUC)
West Legal Nonconforming Single-
family residential; Vacant
undeveloped land
Specific Plan 260 (SP-260)
Business Park (BP)
Menifee North SP
Business Park (BP)
Menifee North Specific Plan Land Use Map
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 77
Menifee Mayor and City Council
February 21, 2024
Page
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City of Menifee Planning Commission
Motte Business Center
December 13, 2023 Page 4 of 11
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DISCUSSION
The Project Applicant (CORE5) is proposing the development of approximately 1,138,638 square feet of industrial warehouse space (including mezzanine and office space) within one building on approximately 44 net acres.
Proposed Site Plan
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 78
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February 21, 2024
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Motte Business Center
December 13, 2023 Page 5 of 11
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Circulation and Parking
Regional Project access would be from I-215 via Ethanac Road. Local access would be provided via Dawson Road and Antelope Road. Project site ingress and egress would be via two driveways on Antelope Road and two driveways on Dawson Road. The southerly driveways would provide full access for both trucks and automobiles. Raised medians would be required at the northerly driveways to restrict certain turning movements. The northerly driveways are near major intersections at Ethanac Road and restricting turning movements helps to protect the public’s safety. The Menifee North Specific Plan outlines the parking requirements for the Project. As demonstrated in Table 2, the Project meets all the parking requirements.
Table 2 – Parking Summary
Office: 1/250 SF (10,000 SF) 40
Warehouse; ground floor: 1/2,000 SF (928,638 SF) 465
Warehouse; Mezzanine: 1/2,000 SF (200,000 SF) 100
Required 605
Total Spaces Provided 616
Infrastructure Improvements
The Project would construct a large amount of public infrastructure improvements. Dawson Road is currently a dirt road and Antelope Road is not at ultimate width. Both roads would be constructed to the ultimate width along the entire frontage of the Project with curb and sidewalk, plus an additional 12 feet past the centerline of the road. Additional roadway pavement would be provided on these roads beyond the Project boundary to provide sufficient circulation routes to and from the Project. Ethanac Road would be widened to two through lanes in each direction, spanning from Dawson Road to I-215 northbound ramp. A new traffic signal would be installed at Dawson Road, along with several other improvements at multiple intersections to achieve acceptable turning movements in all directions. Fair share cost participation would be required at multiple off-site intersections including the I-215/Ethanac Road interchange south bound and north bound ramps. Utility improvements would be constructed which include new water lines, recycled water lines, sewer, and storm drain lines.
Landscaping
Landscape standards for the Project are outlined in the Menifee North Specific Plan. Irrigated landscaped areas for the Project site would total approximately 208,709 square feet and would be comprised of drought-tolerant shrubs and ground cover and evergreen and deciduous trees.
Table 3 provides a summary of the proposed landscaping. The conceptual landscape plan includes trees at the perimeter, street frontages, parking areas, and adjacent to the building to soften the edges of the development and the proposed building. Larger sized trees are proposed at all the Project entry driveways and at the building office entrances. In addition, the landscape plans feature site amenities that coordinate and compliment the proposed Project, including outdoor break areas, benches, bike racks, lighting, and trash receptacles.
Table 3 - Landscaping
Minimum on-site landscaping; 10% 191,409 square feet
On-site landscaping provided 192,727 square feet
Off-site landscaping provided 15,982 square feet
Total trees provided 551
Evergreen trees (minimum 50%) 425
Specimen size trees (36” box) 97
Total shrubs 3,690
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 79
Menifee Mayor and City Council
February 21, 2024
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City of Menifee Planning Commission
Motte Business Center
December 13, 2023 Page 6 of 11
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Conceptual Landscape Plan
Screening
On Dawson Road and Antelope Road, 14 foot tall decorative concrete walls would be constructed to screen all loading areas, trucks, and trailers from public view. The visual height of the walls will be reduced on the public street side through the use of landscaped berms. Approximately eight feet of the screen wall would be visible from the streets. As shown in the conceptual landscape plan, the intent is to provide landscape coverage with a variety of trees, shrubs and ground cover to soften the wall and to provide a more aesthetically pleasing street scene.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 80
Menifee Mayor and City Council
February 21, 2024
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City of Menifee Planning Commission
Motte Business Center
December 13, 2023 Page 7 of 11
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Dawson Road Line of Sight
Antelope Road Line of Sight
Screen Wall
Elevations
The proposed building has unique design features as well as shared architectural elements with approved neighboring developments to provide for cohesive development. There is a blend of roof forms, colors, and materials. The various colors include white, khaki, tan, and gray. The reflective glass has a blue tint. Additional materials proposed include metal I-beam canopies, and aluminum siding that has the appearance of wood. Visual interest is maintained throughout the Project by enhancing architectural detailing and facade articulation along all building elevations.
Proposed elevations and conceptual renderings are provided below.
North Elevation
South Elevation
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 81
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February 21, 2024
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City of Menifee Planning Commission
Motte Business Center
December 13, 2023 Page 8 of 11
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West Elevation
East Elevation
Rendering of Southwest Corner of the Building
Rendering of Antelope Road looking southwest
Industrial Good Neighbor Policies
On March 2, 2022, the City Council adopted the Industrial Good Neighbor Policies. The focus of the policies can be summarized in three sections:
1. Minimize impacts to sensitve uses (residential, schools, parks, nursing homes, hospitals)
2. Protect public health, safety and welfare by regulating design, location and operations
3. Protect neighborhood character of adjacent residential communities When reviewing the proposed Project, the Industrial Good Neighbor Policies were referenced to ensure a compliant project. Implemented policies include added landscape buffers, screen walls, improved building design, community outreach, increased building and loading dock setbacks, on-site truck queuing, on-site signage, and environmental mitigation measures.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 82
Menifee Mayor and City Council
February 21, 2024
Page
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City of Menifee Planning Commission
Motte Business Center
December 13, 2023 Page 9 of 11
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ENVIRONMENTAL DETERMINATION
Notice of Preparation (NOP)
On December 6, 2022, the City of Menifee publicly noticed its decision to prepare an Environmental Impact Report (EIR) and hold a public scoping meeting for the Project by noticing the California Governor’s Office of Planning and Research (State Clearinghouse (SCH)), and distributed the NOP to various agencies and surrounding property owners and residents in accordance with California Environmental Quality Act (CEQA) requirements. The NOP review period was from December 6, 2023 to January 16, 2023. On December 12, 2023, the City of Menifee held a duly noticed public scoping meeting at City Hall regarding the preparation of the Draft EIR and provided an opportunity for members of the public to comment on the scope of environmental issues to be addressed in the EIR.
EIR Impacts
Within the EIR that has been prepared for the Project (SCH No. 2022120083), mitigation measures are provided under the categories of Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas (GHG) Emissions, Hazards and Hazardous Materials, and Hydrology and Water Quality. The EIR determined that the Project could result in significant and unavoidable impacts under the category of GHG Emissions based on the analysis and findings in the Draft EIR and requires adoption of a Statement of Overriding Considerations (SOOC). A brief description of these impacts is as follows:
Greenhouse Gases: The Project’s unmitigated emissions would be approximately 12,665 MTCO2e/yr. Even with the Project’s compliance with applicable rules, adherence to standard conditions and requirements, and the imposition of all feasible mitigation measures, the Project’s operational-source GHG emissions would exceed the applicable regional thresholds of significance (3,000 MTCO2e/yr). Approximately 86 percent of the Project’s mitigated GHG emissions are associated with non-construction related mobile sources. Emissions of motor vehicles are controlled by State and Federal standards, and neither the Project applicant nor the City has control over these standards. Therefore, the Project’s operational GHG emissions are considered significant and unavoidable.
In response to the increase in warehouse development in California, the State of California Department of Justice issued a Memorandum in March 2021, entitled Warehouse Projects:
Best Practices and Mitigation Measures to Comply with the California Environmental Quality Act (Memorandum). The Project has incorporated numerous best practices recommended in the Memorandum. These best practices are enforceable by the City and must be implemented by the Project Applicant. Adherence to the standard conditions and requirements, and mitigation measures, represents the Project Applicant’s willingness to address the Department of Justice’s concerns regarding air quality and GHG impacts.
Draft EIR Public Review
The City distributed the Draft EIR for public review beginning September 29, 2023 and ending November 13, 2023. During the public review period, comments on the Draft EIR were received from the following agencies, groups, or individuals:
1. Riverside Transit Agency
2. South Coast Air Quality Management District
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 83
Menifee Mayor and City Council
February 21, 2024
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City of Menifee Planning Commission
Motte Business Center
December 13, 2023 Page 10 of 11
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3. Riverside County Flood Control and Water Conservation District
4. Southern California Gas Company
5. Airport Land Use Commission
6. Rincon Band of Luiseño Indians
7. Agua Caliente Band of Cahuilla Indians
8. Pechanga Band of Indians
9. City of Perris
The City prepared a Final Environmental Impact Report (FEIR), consisting of all of the comment letters received during the 45-day public review and comment period on the Draft EIR, written responses to those comments, and revisions and errata to the Draft EIR. The FEIR was distributed to the Draft EIR commenters 10 days prior to the Planning Commission hearing. The FEIR, and Draft EIR, including technical appendices can be accessed for review on the City website at https://www.cityofmenifee.us/325/Environmental-Notices-Documents.
Findings of Fact and Statement of Overriding Considerations Because the Draft EIR identified unavoidable significant adverse impacts that could not be mitigated below the level of significance, Findings of Fact (Findings) and a SOOC is required to approve the Project. The Findings and SOOC are included within the resolution for the EIR for consideration by the Planning Commission.
According to the SOOC the following economic, legal, social, or technological benefits, independent of the other benefits, override the potential significant unavoidable adverse impacts and render acceptable each of these unavoidable adverse environmental impacts:
1. All feasible mitigation measures have been imposed to lessen Project impacts to less than significant levels; alternatives to the Project are infeasible because while they have similar or less environmental impacts, they do not provide the economic benefits of the Project, or are otherwise socially or economically infeasible when compared to the Project.
2. Consistent with and will contribute to achieving the goals and objectives established by the General Plan.
3. Create employment-generating opportunities for citizens of Menifee and surrounding communities through construction, operation, and indirect jobs off-site within the City.
Additional employment will improve the jobs-housing balance.
4. Attract businesses that can expedite the delivery of essential goods to consumers and businesses in Menifee and beyond the City’s boundary.
5. Increase in property taxes through development of vacant and unused parcels, payment of Development Impact Fees (DIF), investment in infrastructure spurring growth leading to more permanent City jobs and increased economic output. The sales tax revenues generated on behalf of the City by the local employees and residents within the Project and extended benefit areas would represent a boost to the City’s economy.
6. Improved infrastructure that will enhance the quality of life for the City’s residents by linking land use, transportation and infrastructure development.
7. The Project would provide a high quality and sustainable development by meeting CalGreen Building Code energy efficiency requirements.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 84
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February 21, 2024
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Motte Business Center
December 13, 2023 Page 11 of 11
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Although significant impacts will remain, the City will mitigate any significant adverse impacts to greenhouse gas emissions to the maximum extent practicable. In its decision to approve the Project, the Planning Commission has considered the Project benefits to override the environmental impacts.
Community Outreach
The Project applicant conducted community outreach efforts through phone calls and door-to- door canvassing of the properties adjacent to and in the surrounding area of the Project.
City Staff held an environmental scoping meeting on Monday, December 12, 2022 at City Hall to discuss the Project and to receive comments from the public. Aside from the Project Applicant, two residents attended. For the Draft EIR 45-day comment period and public hearings, property owners and non-owner residents within 400 feet of the Project boundary were mailed notices at each step of the Project (scoping meeting, Draft EIR comment period, public hearing).
FINDINGS
Findings for the EIR, TPM No. 38432 (PLN22-0114), and PP No. PLN22-0115 are included in the attached Resolutions.
PUBLIC NOTICE
The proposed Project was noticed on December 3, 2023 for the December 13, 2023 Planning Commission public hearing. A public notice was published in The Press Enterprise and notices were mailed to property owners and non-owner residents within a 400-foot radius of the Project site. The proper public notice was posted on-site, and in addition, all relevant public agencies and those requesting notification were notified of the public hearing.
ATTACHMENTS
1. Project Plans & Exhibits
2. Resolution – EIR
3. Exhibit A – FEIR
4. Exhibit B - Findings of Fact and the SOOC
5. Exhibit C - Mitigation Monitoring and Reporting Program
6. Resolution - Project Entitlements
7. Exhibit A – Conditions of Approval
8. Public Hearing Notice
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PRELIMINARY EARTHWORK VOLUMES
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EXISTING LOTS TO BE
CONSOLIDATED BY
PARCEL MAP
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EXISTING LOTS TO BE
CONSOLIDATED BY
PARCEL MAP
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RESOLUTION NO. 23-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA CERTIFYING AN ENVIRONMENTAL IMPACT
REPORT (STATE CLEARINGHOUSE NO. 2022120083) FOR THE
MOTTE BUSINESS CENTER PROJECT, MAKING CERTAIN FINDINGS
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS,
AND ADOPTING A MITIGATION MONITORING AND REPORTING
PROGRAM
WHEREAS, on May 6, 2022, the applicant, Core5 Industrial Partners, LLC (“Applicant”), filed a formal application with the City of Menifee for the approval of Tentative Parcel Map (“TPM”) No. 38432 (PLN22-0114) to combine eight parcels (APNs 331-150-036, 331-150-037, 331-150-039, 331-150-040, 331-150-041, 331-150-042, 331-150-044, 331-150-045) into one parcel for a total of 46.33 gross acres and 43.94 net-acres, and Plot Plan (“PP”) No. PLN22-0115 for the construction of one concrete tilt- up building totaling 1,138,638 square feet including 10,000 square feet of office, 928,638 square feet of ground floor warehouse and 200,000 square feet of mezzanine space, a structural height of approximately 50 feet, 616 automobile parking spaces, 284 truck trailer parking spaces, 128 dock doors, site lighting, and landscaping. The Project site is generally located east of Dawson Road, west of Antelope Road, south of Ethanac Road, and north of McLaughlin Road; and
WHEREAS, collectively, all the applications are referred to as the “Project” or “Motte Business Center”; and
WHEREAS, on December 6, 2022, the City of Menifee publicly noticed its decision to prepare an Environmental Impact Report (“EIR”) for the Project by noticing the State Clearinghouse (“SCH”), and other agencies in compliance with Section 15082 of the California Environmental Quality Act (“CEQA”) guidelines, and surrounding property owners within a 400 foot radius from the Project site boundaries; and WHEREAS, on December 12, 2022, the City of Menifee held a duly noticed public scoping meeting regarding the preparation of the EIR to discuss and hear from the public on the potential environmental impacts, which meeting was publicly noticed in compliance with Section 15082 of the CEQA guidelines, and surrounding property owners within a 400 foot radius from the Project site boundaries; and WHEREAS, between September 29, 2023 and November 13, 2023, the City complied with the State-mandated 45-day public review period for the Motte Business Center Draft EIR (“Draft EIR”) took effect, which was publicly noticed in accordance with Section 15087 of the CEQA guidelines and mailed to surrounding property owners and non- owner residents within 400 feet of the Project site. A copy of the Draft EIR was sent to the SCH No. 2022120083, and a copy of the Draft EIR was placed at the City Hall public counter, Menifee Library, and Sun City Library; and WHEREAS, during the public review period, comments on the Draft EIR were received from the Riverside Transit Agency, South Coast Air Quality Management District, Riverside County Flood Control and Water Conservation District, Southern California Gas Company, Airport Land Use Commission, City of Perris, Rincon Band of Luiseño Indians, Agua Caliente Band of Cahuilla Indians, and Pechanga Band of Indians; and
WHEREAS, the Final EIR (“FEIR”), consisting of comments received during the Item Title: 11.1
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6 45-day public review and comment period on the Draft EIR, written responses to those comments, and revisions and errata to the Draft EIR, was submitted with the inclusion of Findings of Fact (“Findings”), a Statement of Overriding Consideration (“SOOC”) and a Mitigation Monitoring and Reporting Program (“MMRP”) for the Planning Commissions consideration. For the purposes of this resolution, the Final EIR shall refer to the Draft EIR, as revised by the FEIR’s errata section together with the other sections of the FEIR; and
WHEREAS, no evidence of new significant impacts, as defined by CEQA Guidelines Section 15088.5, have been received by the City after circulation of the Draft EIR which would require re-circulation; and
WHEREAS, the Draft EIR for the Project, dated September 2023, and FEIR for the Project, dated November 2023 provides an assessment of the environmental impacts associated with the Project and has been prepared in accordance with the Public Resources Code Section 21000 et seq. (CEQA), and State regulations in Title 14 of the California Code of Regulations, Section 15000 et seq. (CEQA Guidelines); and WHEREAS, on December 13, 2023, the Planning Commission of the City of Menifee held a public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for the Project including the consideration of the FEIR, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, notices placed on the Project site, notice to property owners and non-owner residents within 400 feet of the Project boundaries, notice to all relevant agencies and to persons requesting notification; and
WHEREAS, the Planning Commission of the City of Menifee has read and considered all environmental documentation comprising the FEIR, has found that the FEIR considers all potentially significant environmental impacts of the proposed Project and is complete and adequate, and fully complies with all requirements of CEQA; and WHEREAS, it is the policy of the State of California and the City of Menifee, in accordance with CEQA and the CEQA Guidelines, that the City shall not approve a project that has significant effects on the environment unless there is no feasible way to lessen or avoid the significant effects and that the benefits of approving the Project outweigh the unavoidable significant impacts, such that the impacts are acceptable based on CEQA Guideline Section 15093; and
WHEREAS, the CEQA Guidelines provide that no public agency shall approve or carry out a project for which an EIR has been completed and which identifies one or more significant effects of the Project unless the public agency makes written findings for each of the significant effects, accompanied by a statement of facts supporting each finding; and
WHEREAS, the Planning Commission has reviewed the CEQA Findings of Fact and SOOC attached as Exhibit “B”; and
WHEREAS, prior to recommending action on the Project, the Planning Commission has considered all significant impacts, mitigation measures, and project alternatives identified in the EIR, and has found that all potentially significant impacts on the Project have been lessened or avoided to the extent feasible; and Item Title: 11.1
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6 WHEREAS, pursuant to CEQA Guideline Section 15093(b), the City must state in writing the reasons to support its action based on the FEIR and/or other information in the record.
NOW, THEREFORE, the Planning Commission 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 FEIR attached as “Exhibit A,” and incorporated herein by this reference.
Section 2: Certification of EIR. Based on its review and consideration of the FEIR and all written communications and oral testimony regarding the proposed Project which have been submitted to, and received by, the City, the Planning Commission certifies that the FEIR has been completed in compliance with CEQA and the State and local CEQA Guidelines. The Planning Commission finds that the FEIR reflects the Planning Commission’s independent judgment and analysis as lead agency under CEQA, and adopt and certify the FEIR as complete and adequate. The Planning Commission further certifies that the FEIR was presented to the Planning Commission and that the Planning Commission reviewed and considered the information contained in it prior to approving the Project.
Section 3: CEQA Findings of Fact and Statement of Overriding Considerations. The Planning Commission adopts the CEQA Findings and the SOOC attached as “Exhibit B,” which exhibit is incorporated herein as though set forth in full.
Section 4: Significant Impacts. The significant impacts of the Project under the category of Greenhouse Gas Emissions have not been reduced to a level of insignificance. The Planning Commission finds that the significant unavoidable adverse impacts of the Project are clearly outweighed by the economic, legal, social, or technological benefits independent of any other benefits of the Project, as set forth in the Findings and SOOC.
Section 5: Alternatives. The FEIR has described all reasonable alternatives to the Project that could feasibly obtain the basic objectives of the Project, even when those alternatives might impede the attainment of Project objectives and might be more costly.
Section 6: Good Faith. A good faith effort has been made to seek out and incorporate all points of view in the preparation of the FEIR as indicated by the public record for the Project and the FEIR.
Section 7: Mitigation Plan Approval. Although the FEIR identifies certain significant environmental effects that would result from approval of the Project, certain environmental effects can feasibly be avoided or mitigated and will be avoided or mitigated by imposition of mitigation measures included in the FEIR and the MMRP.
Pursuant to Public Resources Code section 21081 and CEQA Guidelines section 15097, the Planning Commission adopts and approves the MMRP attached hereto as Exhibit "C," which is incorporated herein by reference as though set forth in full. The Planning Commission further finds that the mitigation measures identified in the FEIR are feasible.
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6 Section 8: No Significant New Information Added to Draft EIR. The information provided in the various reports submitted in connection with the proposed Project and in the responses to comments on the Draft EIR, the information added to the FEIR, and the evidence presented in written and oral testimony at public hearings on the Project and the Draft EIR, do not constitute significant new information that would require recirculation of the Draft EIR pursuant to Public Resources Code section 21092.1 and CEQA Guidelines section 15088.5.
Section 9: Location and Custodian of Record of Proceedings. The Community Development Department of the City of Menifee, located at 29844 Haun Road, Menifee, CA 92586, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the Planning Commission's approval 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 13th day of December 2023.
Jeff LaDue, Chairman
Attest:
Rachel Valencia, Administrative Assistant
Approved as to form:
Thai Phan, Assistant City Attorney
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Final Environmental Impact Report
Motte Business Center Project
SCH No. 2022120083
Lead Agency
City of Menifee
29844 Haun Road
Menifee, CA 92586
(951) 769-8520
CONSULTANT
Kimley-Horn and Associates, Inc.
Kari Cano, Project Manager
3801 University Avenue, Suite 300
Riverside, CA 92501
November 2023
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Table of Contents
Section 1: Introduction
1.1 Introduction ................................ ................................ ................................ .................. 1.0-1
1.2 Organization of EIR................................ ................................ ................................ ........ 1.0-2
1.3 CEQA Process Summary ................................ ................................ ................................ 1.0-2
1.4 Changes to the Draft EIR ................................ ................................ ............................... 1.0-2 Section 2: Comments and Responses to Draft EIR
2.1 Introduction to Comments and Responses ................................ ................................ .... 2.0-1 Comment Letter A – Agua Caliente Band of Cahuilla Indians ................................ ................. 2.0-3 Responses to Comment Letter A ................................ ................................ ....................... 2.0-4 Comment Letter B – Rincon Band of Luiseño Indians ................................ ............................. 2.0-5 Responses to Comment Letter B ................................ ................................ ....................... 2.0-6 Comment Letter C – Riverside County Flood Control and Water Conservation District ......... 2.0-7 Responses to Comment Letter C ................................ ................................ ...................... 2.0-10 Comment Letter D – Riverside Transit Authority ................................ ................................ ..2.0-13 Responses to Comment Letter D ................................ ................................ ...................... 2.0-15 Comment Letter E – South Coast Air Quality Management District................................ .......2.0-17 Responses to Comment Letter E ................................ ................................ ...................... 2.0-27 Comment Letter F – City of Perris-Planning Division ................................ ............................. 2.0-35 Responses to Comment Letter F................................ ................................ ....................... 2.0-38 Comment Letter G – The Pechanga Band of Indians ................................ ............................. 2.0-43 Responses to Comment Letter G ................................ ................................ ...................... 2.0-45 Comment Letter H – Southern California Gas Company ................................ ....................... 2.0-47 Responses to Comment Letter H ................................ ................................ ...................... 2.0-48 Comment Letter I – Riverside County Airport Land Use Commission ................................ ....2.0-49 Responses to Comment Letter I ................................ ................................ ....................... 2.0-50 Comment Letter J – Native American Heritage Commission ................................ .................2.0-51 Responses to Comment Letter J ................................ ................................ ....................... 2.0-56 Section 3.0: Errata to the Draft EIR
3.1 Introduction to the Errata ................................ ................................ ............................. 3.0-1
3.2 Changes to the Draft EIR ................................ ................................ ............................... 3.0-1 Item Title: 11.1
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Section 1.0 Introduction
1.1 INTRODUCTION
The City of Menifee (City) has prepared this Final Environmental Impact Report (FEIR) in compliance with the California Environmental Quality Act (CEQA) for the Motte Business Center Project (Project). The City is required, after completion of a Draft EIR (DEIR) (State Clearinghouse No. 2022120083), to consult with and obtain comments from public agencies having jurisdiction by law with respect to the Project and provide the general public with an opportunity to comment on the DEIR. This FEIR has been prepared to respond to comments received on the DEIR, which was circulated for public review from September 29, 2023, through November 13, 2023 (46 days). The preceding Table of Contents provides a list of all persons, organizations, and public agencies who commented on the DEIR.
The City will evaluate comments on environmental issues from persons who reviewed the DEIR and will prepare a written response, pursuant to CEQA Guidelines §15088(a). The written response must address any significant environmental issues raised. In addition, there must be a good faith and reasoned analysis in the written response. However, lead agencies need only respond to significant environmental issues associated with the Project and do not need to provide all the information requested by commenters, as long as a good faith effort at full disclosure is made in the EIR (State CEQA Guidelines §15204, §15088).
Those comments are responded to in Section 2.0 , Comments on the Draft EIR and Responses to Comments.
State CEQA Guidelines §15088 recommends that where a response to comment makes important changes in the information contain in the text of the DEIR, that the Lead Agency either revise the text of the DEIR or include marginal notes showing that information. Added or modified text is shown in Section 3.0, Errata, by underlining ( example) while deleted text is shown by striking ( example). The additional information, corrections, and clarifications are not considered to substantively affect the conclusions within the EIR and therefore the City has determined that recirculation of the DEIR is not required as none of the criteria for recirculation under CEQA Guidelines Section 15088.5 have been met.
CEQA Guidelines §15132 indicates that the contents of a FEIR shall consist of:
(a) The DEIR or a revision of the draft.
(b) Comments and recommendations received on the DEIR either verbatim or in summary. (c) A list of persons, organizations, and public agencies commenting on the DEIR. (d) The responses of the Lead Agency to significant environmental points raised in the review and consultation process.
(e) Any other information added by the Lead Agency.
Pursuant to CEQA Guidelines §15088(b), the City will provide written responses to comments to any public agency that commented on the DEIR, at least ten (10) days prior to the Planning Commission consideration of certifying the EIR as adequate under CEQA. Written responses to comments will also be provided to non-public agency individuals, organizations, and entities that commented on the DEIR. In addition, the Item Title: 11.1
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FEIR will be made available to the general public at the City’s Planning Division office and on the City’s website a minimum of 10 days prior to the Planning Commission public hearing.
The FEIR, along with other relevant information and public testimony at the Planning Commission hearing, will be considered by the City’s Planning Commission.
1.2 ORGANIZATION OF EIR
This FEIR provides the requisite information required under CEQA and is organized as follows:
Section 1.0: Introduction. This section provides an introduction to the FEIR, including the requirements under CEQA, the organization of the document, as well as a brief summary of the CEQA process activities to date.
Section 2.0: Comments on the Draft EIR and Responses to Comments. This section provides a list of public agencies, organizations, and individuals commenting on the DEIR, provides a copy of each written comment received, and any response required under CEQA.
Section 3.0: Errata to the Draft EIR. This section presents clarifications, amplifications, and insignificant modifications to the EIR, identifying revisions to the text of the document.
1.3 CEQA PROCESS HISTORY
The City has complied with relevant Public Resources Code provisions and CEQA Guidelines regarding the preparation and processing of the Project EIR. A brief summary of the Project’s CEQA process is as follows:
• A Notice of Preparation (NOP) informing interested parties and agencies of the Project was distributed on December 6, 2022, with a minimum 30 -day public review period ending on January 16, 2023. The City provided a 42-day public review period due to overlap with the holiday season.
• Written and verbal comments were given at a public scoping meeting held for the Project on December 12, 2022, at 6pm at City Council Chambers located at 29844 Haun Road, Menifee, CA 92586. Two residents attended the scoping meeting.
• Following a Notice of C ompletion (NOC), the DEIR and Notice of Availability was distributed for public review and comment for a 46-day period, beginning September 29, 2023. The public review period closed on November 13, 2023.
1.4 CHANGES TO THE DRAFT EIR
As previously stated, Section 3.0, Errata to the Draft EIR, details the changes to the DEIR. In response to public comments, text changes have been made to DEIR sections to clarify and amplify the analysis or mitigation measures, and to make insignificant modifications to the DEIR. This information does not rise to the level of significant new information as the resulting impact analysis and alternatives considered remain essentially unchanged, and no new or more severe impacts have been identified. These changes do not warrant DEIR recirculation pursuant to California Public Resources Code §21092.1 and CEQA Guidelines §15088.5. As discussed herein and as elaborated upon in the respective Response to Item Title: 11.1
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Comments, none of the clarifications or changes made in the Errata reflect a new sign ificant environmental impact, a “substantial increase” in the severity of an environmental impact for which mitigation is not proposed, or a new feasible alternative or mitigation measure that would clearly lessen significant environmental impacts but is not adopted, nor do the Errata reflect a “fundamentally flawed” or “conclusory” DEIR. In all cases, as discussed in individual responses to comments and DEIR Errata, these minor clarifications and modifications do not identify new or substantially more seve re environmental impacts that the City has not committed to mitigate. Therefore, the public has not been deprived of a meaningful opportunity to comment upon a substantial adverse environmental effect of the Project or an unadopted feasible Project alternative or mitigation measure. Instead, the information added supports the existing analysis and conclusions, and responds to inquiries made from commenters. Therefore, this FEIR is not subject to recirculation prior to certification.
CEQA Guidelines §15088.5 describes when an EIR requires recirculation prior to certification, stating in part:
“(a) A lead agency is required to recirculate an EIR when significant new information is added to the EIR after public notice is given of the availability of the draft E IR for public review under Section 15087 but before certification. As used in this section, the term "information" can include changes in the project or environmental setting as well as additional data or other information. New information added to an EIR is not "significant" unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasib le project alternative) that the project's proponents have declined to implement. “Significant new information” requiring recirculation include, for example, a disclosure showing that:
(1) A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented.
(2) A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance.
(3) A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the environmental impacts of the project, but the project’s proponents decline to apply it. (4) The draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded (Mountain Lion Coalition v. Fish and Game Com. (1989) 214 Cal.App.3d 1043). (b) Recirculation is not required where the new information added to th e EIR merely clarifies or amplifies or makes insignificant modifications in an adequate EIR.”
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Motte Business Center Appeal
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Section 2.0 Comments and Responses to Draft EIR
This section includes all comments received by the City on the Draft Environmental Impact Report (DEIR), including written comments and comments submitted online via email to the City. The City circulated the DEIR for a 46-day review period as required by CEQA. The review period ran from September 29, 2023, through November 13, 2023.
2.1 INTRODUCTION TO COMMENTS AND RESPONSES
In accordance with CEQA Guidelines §15132, Table 2 -1, Comments from Public Agencies and Organizations below provides a list of those parties that provided written comments on the DEIR during the public review period. Copies of the written comments are provided in this section and have been annotated with the assigned letter along with a number for each comment. Each comment is followed by a written response which corresponds to each commenter.
Table 2-1: Comments from Public Agencies and Organizations Reference Commenter Date
A Agua Caliente Band of Cahuilla Indians
Xitlaly Madrigal, Cultural Resources Analyst October 06, 2023 B Rincon Band of Luiseño Indians
Cheryl Madrigal, Tribal Historic Preservation Officer October 25, 2023 C Riverside County Flood Control and Water Conservation District Amy McNeill, Engineering Project Manager November 1, 2023 D Riverside Transit Authority
Mauricio Alvarez, Planning Analyst October 05, 2023
E South Coast Air Quality Management District
Danica Nguyen, Air Quality Specialist, CEQA-IGR October 17, 2023 F City of Perris – Planning Division
Patricia Brenes, Planning Manager November 13, 2023
G The Pechanga Band of Indians
Molly Earp, Cultural Resources Specialist November 3, 2023 H Southern California Gas Company
Will Liao, Region Planning Supervisor October 16, 2023
I Riverside County Airport Land Use Commission
Jackie Vega, Urban Regional Planner II October 20, 2023 J Native American Heritage Commission
Andrew Green, Cultural Resources Analyst November 20, 2023
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Comment Letter A – Agua Caliente Band of Cahuilla Indians Xitlaly Madrigal, Cultural Resources Analyst
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Responses to Comment Letter A – Agua Caliente Band of Cahuilla Indians Xitlaly Madrigal, Cultural
A1 The City appreciates the Agua Caliente Band of Cahuilla Indian’s comment for the Project. The City has sent the requested records search with associated survey report and site records from the information center to the Commenter. The Commentor’s conclusion of AB 52 consultation efforts has been noted.
A2 This comment includes a conclusionary statement. No further response is warranted.
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Comment Letter B – Rincon Band of Luiseno Indians
Cheryl Madrigal, Tribal Historic Preservation Officer
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Responses to Comment Letter B – Rincon Band of Luiseno Indians Cheryl Madrigal, Tribal Historic Preservation Officer
B1 The City appreciates the Rincon Band of Luiseño Indians comment regarding the Tribe’s historic interest in the Project site. No further response is warranted.
B2 The comment states the Commenter’s agreement with COA -CUL-1 through COA -CUL-7 and Mitigation Measure ( MM) CUL-1. Additionally, the Project w ill comply with the City of Menifee’s Open Space and Conservation Element Policies OCS-5.1 and OCS-5.4.
B3 The Commenter’s support of all efforts to avoid cultural resources through mitigation have been noted. As stated in comment B2, the Project would implement COA-CUL-1 through COA CUL-7, and MM CUL-1 to reduce impacts to cultural resources to less than significant levels.
Per the Commenter’s request, the City will notify the Commenter if any changes in the Project’s Plan’s occur.
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Motte Business Center Appeal
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Comment Letter C – Riverside County Flood Control and Water Conservation District Amy McNeill, Engineering Project Manager
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Item Title: 11.1
Motte Business Center Appeal
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Responses to Comment Letter C – Riverside County Flood Control and Water Conservation District
Amy McNeill, Engineering Project Manager
C1 This comment includes introductory statements concerning the Riverside County Flood Control and Water Conservation District’s (District) interest in projects associated with the District Master Drainage Plan facilities and other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system . No further response is warranted.
C2 This comment includes introductory statements to the following comments. Refer to Responses to Comments C3 through C11.
C3 Pursuant to the Commenter’s request, the Project Applicant will be required to comply with all applicable regulations including, but not limited to entering into a cooperative agreement establishing the terms and conditions of inspection, operation, and maintenance with the District and any other maintenance partners , prior to Project . Pursuant to Mitigation Measure ( MM) HYD-3, the Project Applicant would be required to submit final grading and drainage plans for review and approval by the City, prior to issuance of any grading permit, to ensure that the Project does not result in increased flows off-site or otherwise significantly impact downstream drainage facilities. The drainage design would prevent flooding on- and off-site due to an increase in surface water runoff.
C4 As stated in Response to Comment C3 above, the Project Applicant will be required to comply with all applicable regulatory requirements including, but not limited to entering into a cooperative agreement establishing the terms and conditions of inspection, operation, and maintenance with the District and any other maintenance partners. The Project’s proposed storm drains would be designed and constructed in accordance with District standards and District plan check and inspection will be required for District acceptance. The Project’s storm drains would undergo plan check, inspection, and pay any required administrative fees.
C5 The Project Applicant will be required to obtain an encroachment permit for any construction - related activities occurring within District right -of-way or facilities, such as the District’s Homeland/Romoland Drainage Plan Line A, Stage 4, and the Project Applicant will be required to pay any applicable fees in accordance with the Rules and Regulations for Administration of Area Drainage Plan as a condition of approval. The Area Drainage Plan (ADP) fees will be paid to the District at the time of issuance of grading permits.
C6 The Project Applicant will be required to obtain an encroachment permit for the construction activity that would occur within or adjacent to the District’s right of way or facilities. Additionally, pursuant to Draft EIR Appendix I1, all proposed on-site drainage and storm drain facilities will be sized adequately for 100-year storm event. The Project would also be required to comply with the National Pollution Discharge Elimination System (NPDES) Municipal Permit, the City of Menifee Item Title: 11.1
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General Plan, which require implementation of construction and post-construction Best Management Practices (BMPs) in accordance with the Storm Water Pollution Prevention Plan (SWPPP) and Water Quality Control Plan (WQMP) for the Santa Ana River Basin. In addition, the Santa Ana Municipal Separate Storm Sewer Systems (MS4) Permit requires the preparation of a project-specific WQMP for all development projects and, as such, a project -specific WQMP has been prepar ed for the Project. The Project -Specific WQMP ( see Draft EIR Appendix I2 ) has incorporated combined low-impact development (LID) treatment, hydrologic control BMPs, and sediment supply BMPs. A final WQMP will be required to address BMP sizing and O&M plan, pursuant to Draft EIR MM HYD-2. The WQMP is intended to comply with the requirements of the City’s Municipal Code Section 15.01, Storm Water/Urban Runoff, which includes the requirement for the preparation and implementation of a Project -Specific WQMP and has outlined all BMPs designed to meet water quality standards and mitigate any adverse impacts; see MM HYD-2. (Draft EIR pages 4.9-14 through 4.9-16).
C7 Commented noted and no further response is warranted.
C8 Concerning the Project, the NPDES permit is divided into two parts: construction and post - construction. The construction permitting is administered by the SWRCB, while the post - construction permitting is administered by the RWQCB. Development projects typically result in the disturbance of soil that requires compliance with the NPDES General Permit, Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activities (Order No. 2012-0006-DWQ, NPDES Number CAS000002) (General Construction Permit). This Statewide General Construction Permit regulates discharges from construction sites that disturb one or more acres of soil. As stated in Response to Comment C6, the Project would comply with the NPDES permit with the implementation of construction and post -construction BMPs in accordance with the SWPPP and Project -specific WQMP. Therefore, the Project would be compliant with the NPDES (see MMs HYD-1 and HYD-2).
C9 As shown in Draft EIR Exhibit 4.9 -2, FEMA Flood Hazard Map, the northeastern portion of the Project site is largely within an area determined to be outside the 0.2 percent annual chance floodplain, identified as Zone X. A small northeastern portion of Antelope Road, adjacent to the Project site, is located within a special flood hazard area subject to inundation by the one percent annual chance flood, identified as Zone A. Furthermore, the northern half of the Project site is currently in a Letter of Map Revision (LOMR) 1709-1814P.
Per the Project’s Preliminary Drainage Study (Draft EIR Appendix I1) and Preliminary WQMP (Draft EIR Appendix I2), on-site flows would be collected by a system of on-site drainage improvements, catch basins, and detention basins and off-site drainage improvements proposed at Dawson Road and Antelope Road which would convey runoff to the proposed Storm Drain Lateral A-1A and A- 1B. The Project would mitigate the increase in runoff and the 100-year storm would be routed to match existing and proposed flow rates. The flows would be routed by storing the volume in the detention basins until the runoff overflows and releas es to meet drawdown requirements. All Item Title: 11.1
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flows would be treated for water quality purposes and all flows would be convey south in the proposed storm drainages. Therefore, with implementation of efficient design measures and applicable BMPs pursuant the Project’s WQMP and SWPPP (MMs HYD-1, -2, and -3). (Draft EIR pages 4.9-20 and 4.9-20). Therefore, the Project would be consistent with FEMA requirements.
C10 The City of Menifee prepared a Draft EIR and this FEIR in accordance with CEQA . The Project applicant will implement mitigation measures proposed in the Draft EIR and comply with applicable federal, state, and local laws, ordinances, and regulations to reduce impacts associated with the Project.
C11 Draft EIR Appendix C1 concluded that USFWS’s National Wetland Inventory did not identify riverine/wetland resources on or immediately bordering the Project site. Additionally, no blueline streams or, ponded areas, pits, or water features have been document ed on the topographic maps for the Project site. One artificially created drainage occurs along the northern boundary of the Project site, traversing the site from east to west. This feature is fed by stormwater runoff during storm events via twelve 18 -inch culverts beneath Antelope Road and conveys flows westward to Dawson Road. Downstream flows infiltrate at an undeveloped, vacant parcel immediately beyond Antelope Road. Consequently, ELMT conducted a jurisdictional assessment (Draft EIR Appendix C4) of t he off-site improvement area east of Antelope Road. Appendix C4 concluded that the drainage did not replace an existing blueline stream. The Draft EIR concluded that the manmade features do not qualify as jurisdictional by the USACE, RWQCB, or CDFW.
Connecting the off -site drainage culvert, northeast of the Project site, into the flood control channel south of the Project site would not result in impacts to jurisdictional waters, and regulatory approvals including but not limited to, Section 1602, 404, and 401 permits will not be required.
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Comment Letter D – Riverside Transit Authority
Mauricio Alvarez, Planning Analyst
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Responses to Comment Letter D – Riverside Transit Authority Mauricio Alvarez, Planning Analyst
D1 The comment includes a conclusionary statement indicating “no comments” on this Project. No further response is warranted.
D2 Comment noted and no further response is required.
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Comment Letter E – South Coast Air Quality Management District Danica Nguyen, Air Quality Specialist, CEQA -IGR
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Item Title: 11.1
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Item Page Number: 144
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Responses to Comment Letter E – South Coast Air Quality Management District Danica Nguyen, Air Quality Specialist, CEQA -IGR
E1 The Commenter’s confirmation that all requested data files were received has been noted.
Responses to the South Coast Air Quality Management District’s follow up letter are provided in Responses to Comments E7 through E15.
E2 The comment shows the City’s email to the Commenter that includes requested data for the Project. No further response is warranted.
E3 Refer to Response to Comment E2 above. No further response is warranted.
E4 This comment includes introductory statements and therefore, no further response is warranted.
E5 This comment includes a public records request for all technical documents related to air quality, health risk, and GHG analyses, electronic versions of all emission calculation files, and air quality modeling and health risk assessment files. Pursuant to Response to Comment E1, the commenter’s confirmation was noticed in response to their request. No further response is warranted.
E6 As requested by the Commenter, the Cit y sent the request data files on October 16 (refer to Response to E1 for more information).
E7 Refer to the following Response to Comments E9 through E15 below. The issues raised in these comments have been addressed in detail, and the City’s responses hav e been provided in good faith, and contain reasoned analysis, without resort to unsupported conclusory statements.
E8 The commenter provides general introductory and background information as well as a summary of the Project, existing nearby sensitive rece ptors, and air quality analysis. The City appreciates and values these comments during the EIR participation process. Responses to specific comments are provided below.
E9 The comment notes an inconsistency with the number of truck trips modeled in CalEEMod for the Air Quality Assessment (Draft EIR Appendix B1) versus what was identified in the Traffic Study (Draft EIR Appendix K). Different trip generation rates were intentionally sele cted for the Air Quality Assessment and the Traffic Study to conservatively capture a worst-case scenario for each study. It should be noted that the proposed Project is a speculative warehouse, and the end user is unknown.
The Traffic Study estimates vehicle trips based on Institute of Transportation Engineers (ITE) land use code 155 to capture the worst-case number of overall trips. However, the Air Quality Analysis estimates vehicle trips based on ITE land use code 150 to capture the worst -case truck trips, as truck trips are a greater contributor to air quality emissions than passenger cars. The difference in truck trips is explained in footnote 4 at the bottom of page 19 in the Air Quality Assessment.
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The comment also incorrectly identifies a discrepancy between the truck trips reported on page 19 of the Air Quality Assessment (562 truck trips) and the number of truck trips in the CalEEMod outputs (526 truck trips). In the Air Quality assessment, on page 19, it is stated that 562, not 526 truck trips were modeled, which is consistent with the number of truck trips modeled and shown in the CalEEMod outputs. Therefore, the Air Quality Assessment is internally consistent and uses a conservative number of truck trips to evaluate the worst-case air quality emissions.
E10 The comment provides an opinion that the fleet mix assumptions may result in underestimating operational emissions. However, as noted above in Response to Comment E9, the Air Quality Assessment modeled a conservative number of vehicle trips , including truck trips. Specifically, although the Traffic Study identified 165 daily truck trips, the Air Quality Assessment modeled 526 daily truck trips. The 526 daily truck trips modeled in the Air Quality Assessment represent 27 percent of the total modeled vehicle trips and 25.5 percent of the total vehicle trips identified in the traffic study. As such, the modeled fleet mix is more conservative than the 20.4 percent trucks suggested in the comment. Therefore, the comment that the fleet mix assumptio ns underestimate operational emissions is incorrect.
E11 The Air Quality Assessment used a truck trip length of 33.2 miles in the emissions modeling based on the California Air Resources Board document Emissions Estimation Methodology for On-Road Diesel-Fueled Heavy-Duty Drayage Trucks at California Ports and Intermodal Rail Yards. It should be noted that this distance is specific to transloading/local distribution facilities and the longest (i.e., most conservative) distance identified in the study for th e South Coast Air Basin. Shorter distances are identified for other locations such as off-terminal and intermodal facilities. The CARB study used GIS to estimate travel distances. CARB explains that that estimating travel distances to/from the Ports of Los Angeles and Long Beach to distribution and transloading facilities is complicated because there are thousands of facilities and the number of trips to each facility and location of each facility is unknown. Therefore, CARB used the Ports’ truck trip origi n and destination (O-D) survey data to estimate distribution center travel distances.
The CalEEMod methodology uses average trip lengths, which accounts for some longer trips (e.g., to/from the Ports or other location) and some shorter trips (e.g., to/from other facilities or warehouses in the area). Goods movement can involve several steps (i.e., origin and destination) between the port and a particular warehouse, intermodal facility, or other facility. Each step would be a separate trip. As such, not al l truck trips would originate from the Ports; some trips may be from intermodal facilities, storage warehouses, cross -dock warehouses, distribution centers, retail stores, etc. Truck trips would likely be redistributed from other existing locations.
As described above, the CARB truck trip lengths used in the Air Quality Assessment are based on substantial evidence and representative of warehouse truck trips to/from the Ports in the South Coast Air Basin (i.e., the region where the Project is located).
E12 As noted in the comment, Project construction emissions would not exceed SCAQMD’s construction thresholds with MMs AQ-1 and AQ-2. MM AQ-1 requires the Project to use low VOC paint and MM AQ-2 prohibits heavy equipment idling for more than three minutes. MM AQ-2 Item Title: 11.1
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also prohibits equipment from being in the “on” position for more than 10 hours per day and requires the Project's general contractor to designate an officer to monitor the constru ction equipment operators on-site for compliance.
Construction emissions were modeled with CalEEMod as recommended by the SCAQMD.
CalEEMod calculates emissions based on CARB emission factors and construction equipment rates derived from SCAQMD survey data. The comment suggests additional construction mitigation because the NOX emissions are close to the threshold. Additional mitigation only would be considered if construction emissions remained above thresholds. Draft EIR Table 4.2 -8 shows construction emissions below SCAQMD thresholds, resulting in a less than significant impact.
CEQA Guidelines Section 15126.4 requires mitigation measures only for significant environmental effects identified in the EIR. Additionally, CEQA Guidelines Section 15041 and Secti on 15126.4(a)(4) require mitigation of significant impacts to be consistent with the nexus and rough proportionality standards. CEQA Guidelines Section 15126.4(a)(3) states that mitigation measures are not required for effects which are not found to be significant. As the Project does not exceed thresholds, there is no nexus for additional mitigation. As the Project’s construction emissions are mitigated below the SCAQMD’s thresholds of significance, additional mitigation is not required under CEQA.
E13 The City drafted the four air quality mitigation measures and eight greenhouse gas (GHG) mitigation measures to require strategies which can be feasibly implemented at the time Project construction and operations are expected to begin. MM AQ-1 requires the Project to use low VOC paint and MM AQ-2 prohibits heavy equipment idling for more than three minutes. Draft EIR Table 4.2-10 shows that operational emissions would be reduced to less than significant levels (i.e., below the SCAQMD’s operatio nal thresholds of significance) with the implementation of MMs AQ -3 and AQ-4 and additional mitigation in Draft EIR Section 4.7 (Greenhouse Gas Emissions). MMs AQ-3 and AQ-4 requires the Project to reduce operational emissions by utilizing all-electric cargo handling equipment and appropriate signage for on-site circulation and limiting idling emissions. MMs GHG-2, GHG-4, GHG-5, and GHG-7 have been identified to reduce mobile source operational emissions. Specifically, MM GHG -2 requires a transportation de mand management program when the operator has more than 100 employees in an effort to reduce single-occupant vehicle trips. MM GHG -4 requires providing tenants with information on incentive programs such as the Moyer program and Smartway Program to increase transportation efficiency. MM GHG -5 requires EV ready infrastructure and Level 2 Quickcharge EV charging stations in employee parking lots. MM GHG-7 requires electrical conduit for future electric trucks.
MMs GHG-1 through GHG-8 also require the installation of solar pho tovoltaic (PV) panels, a Transportation Demand Management (TDM) program, prohibiting cold storage, providing information on incentives for emissions reduction programs and implementation measures for tenants, EV infrastructure for employee parking, diversi on of 75 percent of landfill waste, and providing electrical conduits for future electric truck charging stations, and limiting natural gas consumption during Project operations to 10 million kBTU/year.
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As noted above, CEQA Guidelines Section 15041 and Section 15126.4 require mitigation for significant impacts consistent with the nexus and rough proportionality standards. Mitigation measures are not required for effects that are not found to be significant. Draft EIR Table 4.2-10 shows that MM AQ -3 would mitigate operational emissions to less than significant levels.
Therefore, additional mitigation is not required under CEQA.
This comment provides a list of recommended additional mitigation measures to re duce the Project’s operational NO X emissions, principally generated by trucks. The Draft EIR identifies a number of Laws, Ordinances, and Regulations, as well as Policies, standard conditions, and Mitigation Measures to reduce impacts from the proposed Pro ject. The City disagrees that the suggested additional mitigation measures are necessary and feasible. The applicability and feasibility of these measures are discussed below:
• Require zero-emissions (ZE) or near-zero emission (NZE) on-road haul trucks.
In addition to not being required by CEQA, the suggested measures contained in the comment related to ZE or NZE vehicles are not feasible to implement, because the availability of vehicles equipped with such technology in the opening year is speculative. Even with adoption of CARB’s Advanced Clean Truck Rule, CARB acknowledges that it will take time for zero - and near-zero emission (ZE and NZE) vehicles to become commercially available and to penetrate the market.
As discussed in Draft EIR page 4.7-29, trucks accessing the Project site would be subject to the following standard conditions including Advanced Clean Truck Regulation, CARB’s Mobile Source Strategy, CARB’s Sustainable Freight Action Plan, and CARB’s Emissions Reduction Plan for Ports and Goods Movement. Additionally, trucks are subject to the Heavy-Duty Low NOX Omnibus Regulation. As noted in the comment, these regulations are required for all trucks.
These suggested mitigation measures are already part of the existing regulatory environment and would not be considered mitigation under CEQA. For example, CARB already regulates truck emissions with the Advanced Clean Truck Regulation, the Mobile Source Strategy (including the low-NOX engine emissions standard), the Sustainable Freight Action Plan, and the Emissions Reduction Plan for Ports and Goods Movement, among others. As these regulations are already required to be complied with, they do not represent CEQA mitigation for the Project.
• At a minimum, require the use of a 2010 model year that meets CARB’s 2010 engine emissions standards.
The CARB Truck and Bus Regulation required trucks to be upgraded to 2010 or new model year engines. The Truck and Bus regulation has been in effect since December 2008 and the final deadline for the last replacement phase of the regulation was January 1, 2023. As this regulation is already required to be complied with, it does not represent CEQA mitigation for the Project.
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• Limit the daily number of trucks allowed at the Proposed Project to levels analyzed in the Final CEQA document.
The City disagrees with the suggestion that the Final EIR should include a limit on the daily number of trucks allowed at the proposed Project to levels that were analyzed in the Final EIR (526 daily truck tips) and require re-evaluating impacts through CEQA should daily truck trips from the proposed Project be anticipated to exceed those levels. The EIR is based on a set of realistic, but conservative, set of assumptions regarding the magnitude of potential activities resulting from the proposed Project, including truck trip estimates. As described on page 19 of the Air Quality Assessment (footnote 4) and discussed above in Response to Comment E9, the Project -generated emission s are conservative, as heavy truck trips are higher for a warehousing use compared to a high -cube fulfillment center. Therefore, the City does not anticipate truck trips to exceed those, and future re-evaluation is not necessary. • Provide electric vehicle (EV) charging stations or, at a minimum, provide electrical infrastructure, and electrical panels should be appropriately sized. Electrical conduits should be provided for truckers to plug in any onboard auxiliary equipment.
MM GHG-5 requires EV ready infrastructure and Level 2 Quickcharge EV charging stations in employee parking lots and MM GHG-7 requires electrical conduit for future electric trucks.
Therefore, the Project would be consistent with this recommended measure. • Maximize the use of solar energy by installing solar energy arrays.
MM GHG-1 requires the installation of solar photovoltaic (PV) panels. Therefore, the Project would be consistent with this recommended measure.
• Use light-colored paving and roofing materials.
California's Title 24, Part 6 Building Energy Efficiency Standards includes cool roof requirements for new and existing buildings. These requirements are in the following sections of the 2022 Title 24, Part 6 standards:
• Section 10-113(a,b) (Mandatory Certification and Labeling of Roofing Product Reflectance and Emittance)
• Section 110.8(i) (Mandatory Insulation, Roofing Products & Radiant Barriers) • Section 140.1 (Performance Approach: Energy Budgets (Nonresidential)) • Section 140.2 (Prescriptive Approach (Nonresidential)) • Section 140.3(a)1 (Prescriptive Requirements for Building Envelopes (Nonresidential)) Therefore, the Project would be consistent with this recommended measure. • Utilize only Energy Star heating, cooling, and lighting devices and appliances. 2022 Title 24, Part 6 Building Energy Efficiency Standards include requirements to meet or exceed Energy Star standards. Therefore, the Project would be consistent with this recommended measure.
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• Clearly mark truck routes with trailblazer signs.
Draft EIR MM AQ-4 requires the Project Applicant to post signs that direct trucks to truck routes and away from sensitive receptors. The City’s Industrial Good Neighbor Policies also require truck traffic to be routed to impact the least amount of sensitive receptors with the usage of traffic control features and signage. Therefore, the Project would be consistent with this recommended measure.
• Design the Proposed Project such that truck entrances and exits are not facing sensitive receptors and trucks will not t ravel past sensitive land uses to enter or leave the Proposed Project site.
The City’s Industrial Good Neighbor Policies require truck traffic to be routed to impact the least amount of sensitive receptors, (e.g. , access locations, use of traffic control f eatures, signage). Sufficient landscape buffers and walls are also required to be provided on -site to screen sensitive receptors from truck access, parking, and storage. The Industrial Good Neighbor Policies also require check -in gates and/or guard booths to be positioned with a minimum of 150 feet inside the property line for on-site truck queuing. An additional 75 feet of on-site queuing is required to be added for every 20 loading docks beyond 40 up to 300 feet. Multiple lanes (minimum lane width of 12 feet) are permitted to achieve the required on-site truck queuing. The general queuing and spill -over of trucks onto surrounding public streets are prohibited. Therefore, the Project would be consistent with this recommended measure.
• Design the Proposed Project such that any truck check-in point is inside the Proposed Project site to ensure no trucks are queuing outside.
As described above, the City’s Industrial Good Neighbor Policies include requirements for truck-check-in points and queuing. T herefore, the Project would be consistent with this recommended measure.
• Design the Proposed Project to ensure that truck traffic inside the Proposed Project site is as far away as feasible from sensitive receptors.
As described above, the City’s Industrial Good Neighbor Policies require truck traffic to be routed to impact the least amount of sensitive receptors, (e.g., access locations, use of traffic control features, signage). Therefore, the Project would be consistent with this recommended measure.
• Restrict overnight truck parking in sensitive land uses by providing overnight truck parking inside the Proposed Project site.
The Project is required to provide adequate on -site parking in accordance with the City’s parking standards. The City’s Indu strial Good Neighbor Policies also require facilities to provide adequate on -site parking and queuing for trucks/trailers away from sensitive receptors and prohibit commercial truck and/or trailer parking on the public road right -of- Item Title: 11.1
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way or adjacent to sensitive receptors. Therefore, the Project would be consistent with this recommended measure.
E14 As the Project is a speculative warehouse it is currently unknown if stationary equipment would be required. However, if stationary equipment is needed, the end user would be required to obtain a permit from the SCAQMD prior to installation. Stationary equipment would be required to implement SCAQMD's Best Available Control Technology (BACT) and comply with applicable SCAQMD Rules, suc h as Rule 1470 (Requirements for Stationary Diesel -Fueled Internal Combustion and Other Compression Ignition Engines). In order to provide a conservative analysis, the Draft EIR included emissions associated with backup generators based on general assumptions (see Draft EIR page 4.2-33) and the associated calculations are included in Draft EIR Appendix B1. However, the Project would be developed for as-of-yet-unknown future tenants, to fulfill their specific, but speculative business needs.
E15 Refer to Response to Comments E8 through E14 above. The issues raised in these comments have been addressed in detail, and the City’s responses have been provided in good faith, and contain reasoned analysis, without resort to unsupported conclusory statements.
The comment requests that the City comply with CEQA when responding to SCAQMD’s comments. As requested, the City’s responses to SCAQMD’s comments will be sent to the SCAQMD as part of the Final EIR distribution prior to certification of Final EIR. A s the comment does not raise any issues with respect to the content and adequacy of the Draft EIR or the Project’s environmental effects, no further response is warranted. The comment is included here to provide a complete record of the SCAQMD’s letter. Th e comment will become part of the administrative record and will be considered by the decision-makers.
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Comment Letter F – City of Perris – Planning Division
Danica Nguyen, Air Quality Specialist, CEQA-IGR
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Responses to Comment Letter F – City of Perris – Planning Division Patricia Brenes, Planning Manager
F1 This comment includes introductory statements and therefore, no further response is warranted.
F2 Based on discussion with City staff, the noted project formally withdrew its development application on June 22, 2022. The NOP for the proposed Motte Business Center proj ect was released on December 6, 2022. As a result, the noted project was not included in the Cumulative Projects list because it was withdrawn over 5 months prior to issue of the NOP.
F3 Under CEQA Guidelines section 15064.3, automobile delay is no longer considered an environmental impact. The Project’s land use impacts are based in part upon determining compliance with the City’s General Plan. The Project Applicant is proposing to improve roadways along the Project’s frontage per the City of Menifee General Plan. The Project Applicant will also improve Ethanac Road from I-215 to Dawson Road to increase the roadway’s vehicle capacity to accommodate the Project and other nearby project traffic as forecasted by the Project’s Traffic Study. All roadway improvements associated with the proposed Project would be consistent with the City of Menifee General Plan Circulation Element. Any improvements to intersections or of roadways shared with the City of Perris would be coordinated between the City of Menifee and City of Perris prior to final engineering for the Project.
F4 As discussed above, automobile delay no longer is considered as a significant impact under CEQA and thus, this response is provided for informational purposes only. Based on the City of Perris, LOS Standards and Significance Criteria For Traffic Studies significant project effects shall be based on the following criteria:
• A project -related effect is considered direct and significant when a study intersection operates at an acceptable Level of Service for existing conditions (without the project) and the addition of 50 or more a.m. or p.m. peak hour project trips causes the intersection to operate at an unacceptable Level of Service for existing plus project conditions. • A project -related effect is considered direct and significant when a study intersection operates at an unacceptable Level of Service for existing conditions (without the project) and the addition of 50 or more a.m. or p.m. peak hour project trips causes the intersection delay to increase by 2 seconds or more.
• A cumulative effect is considered significant when a study intersection is forecast to operate at an unacceptable Level of Service with the addition of cumulative/background traffic and 50 or more a.m. or p.m. peak hour project trips.
Based on review of the study intersections noted in Comment F3, below are study intersections located within Caltrans righ t-of-way (ROW) or located entirely or a majority within the City of Perris:
1. I-215 SB Ramps/SR-74 at Bonnie Drive (Caltrans)
2. I-215 NB Ramps at SR-74 (Caltrans)
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 156
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5. I-215 SB Ramps at Ethanac Road (Caltrans)
6. I-215 NB Ramps at Ethanac Road (Caltrans)
7. Encanto Drive at Ethanac Road (City of Perris)
8. Trumble Road at Ethanac Road (City of Perris)
Based on review of the City of Perris significance criteria and applicable intersections located within the City of Perris, the recommended improvements noted in the Traffic Study at deficient study intersections and roadway segments would cause the study location to operate at an acceptable Level of Service (LOS), would more than offset the project-related impacts, and would address the City of Perris significance criteria.
As noted in Response to Comment F3, under CEQA Guidelines section 15064.3, automobile delay no longer is considered an environmental impact.
F5 See Response to Comment F4.
F6 As discussed above, automobile delay no longer is considered as a significant impact under CEQA, and thus this response is provided for informational purposes only. Passenger vehicles and truck splits were taken from the ITE Trip Generation Manual (10th Edition Supplement). The truck mix percentages were calculated based on a ratio between the ITE truck split and the truck mix for Heavy Warehouse from the City of Fontana Truck Trip Generation Study. The truck mix percentages for the Fontana study and the SCAQMD study were reviewed, and there is an insignificant difference in trips between using the City of Fontana Truck Trip Generation Study truck mix and the SCAQMD Warehouse Truck Trip Study truck mix.
In addition, it should be noted that t he Traffic Scoping Agreement with the trip generation assumptions as noted on Table 3 of the Traffic Study for the proposed Motte Business Center project was sent to the City of Perris for review on January 13, 2023. The City of Perris did not provide comments on the Traffic Scoping Agreement. It should be noted that the City of Perris provided a NOP Comment Letter (dated January 13, 2023), which included comments regarding Transportation, but did not provide comments with regards to the methodology for the proposed project trip generation estimates.
F7 See Response to Comment F6.
F8 The noted intersections currently operate at an unacceptable Level of Service (LOS) under Existing Conditions without the project. As noted in Response to Comment F4, the only noted intersections located entirely or a majority within the City of Perris is the following intersection:
7. Encanto Drive at Ethanac Road (City of Perris)
8. Trumble Road at Ethanac Road (City of Perris)
With regards to the delay at both intersections #7 and #9, which are both unsignalized, page 13 of the Traffic Study states that: “The Level of Service for an unsignalized intersection is reported Item Title: 11.1
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based on the single approach movement with the highest delay, which in this case, would be the northbound approach for intersections #7 and #9. The side street traffic at these intersections experience delay during the peak hours while waiting for an acceptable gap in traffic on Ethanac Road. While the side street approaches operate at a deficient Level of Service based on the highest delay approach, the overall intersection delay would be acceptable. Any queuing that occurs on the side streets are contained on the minor intersection approaches and do not impact the progression of traffic on the main arterials.”
Based on the reasons noted above, both Intersections #7 and #9 wer e considered to have a cumulative effect, as opposed to a direct project effect. Any improvements to portions of intersections shared with the City of Perris would be coordinated between the City of Menifee and City of Perris prior to final engineering for the Project.
F9 As discussed above, automobile delay no longer is considered as a significant impact under CEQA, and thus this response is provided for informational purposes only. The Traffic Scoping Agreement, including a list of Cumulative Projects (including development projects within the City of Perris) as noted on Table 6 of the Traffic Study for the Motte Business Center project, was sent to the City of Perris for review on January 13, 2023. The City of Perris did not provide comments on the Traff ic Scoping Agreement. It should be noted that the City of Perris provided a NOP Comment Letter (dated January 13, 2023), which included comments regarding Transportation, but did not provide comments with regards to Cumulative Projects within the City of Perris to be included as part of the Traffic Study.
F10 As discussed above, automobile delay no longer is considered as a significant impact under CEQA, and thus this response is provided for informational purposes only. The Traffic Study only provides recommended improvements to study intersections and roadway segments that would cause the deficient study locations to operate at an acceptable Level of Service (LOS) and would more than offset the project -related effect . The implementation of improvements is based on direct discussion between City staff and the Applicant via the Conditions of Approval process. Based on DRAFT Conditions of Approval, the project would be conditioned to the following traffic-related improvement requirements prior to Certificate of Occupancy. o Dawson Road – Project shall improve Dawson Road frontage to the ultimate half-width plus 12’ in accordance with City of Menifee Industrial Collector Roadway Standard Plan No. 112, including off-site transitions back to existing roadway conditions, approved by the City Engineer/Public Works Director.
o Antelope Road – Project shall improve Antelope Road (along the Project frontage) to the ultimate half-width plus 12’ in accordance with the City of Menifee Secondary Roadway Standard Plan No. 111, including appropriate off-site transitions back to existing roadway conditions, approved by the City Engineer/Public Works Director. ▪ Unpaved Antelope Road shall be improved south of the project frontage to McLaughlin Road with one lane in each direction. The improvements on either side of the roadway shall include 12 foot paved lanes plus a 6 foot paved shoulder Item Title: 11.1
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and the necessary drainage improvements such as swales and culverts to maintain existing drainage patterns. The improvements shall include appropriate transitions subject to the approval of the Public Works Director / City Engineer. ▪ The improvements to Antelope Road south of the project frontage to McLaughlin Road may require obtaining right of way from Southern California Edison. In the event that the right of way acquisition im pacts the project schedule, the developer / property owner may defer completion of the improvements as approved of the Public Works Director / City Engineer.
o Ethanac Road – Ethanac Road improvements from Dawson to Encanto Drive shall be constructed to the recommended configuration (4-Lane Arterial) as approved by the City Engineer/Public Works Director.
o Antelope Road/Ethanac Road – At the intersection of Antelope Road and Ethanac Road, provide the following improvements, approved by the City Engineer/Publi c Works Director:
▪ Add a dedicated westbound left-turn lane
▪ Widen Ethanac road to provide two-way left turn lane through the intersection o Dawson Road/Ethanac Road – At intersection of Dawson Road and Ethanac Road, provide the following improvements, approved by the City Engineer/Public works Director:
▪ Install Traffic Signal
▪ Add a dedicated westbound left turn lane
▪ Add a dedicated eastbound right turn lane
▪ Add a dedicated northbound left turn lane
o Fair Share Cost Participation for Off-site Improvements – The developer / property owner shall pay fair share costs for off -site improvements as detailed in the Traffic Study and identified below prior to issuance of a cert ificate of occupancy. The fair share cost estimates shall be based on conceptual exhibits prepared by the developer, reviewed and approved by the Public Works Director / City Engineer. These fair shares are determined as follows:
• I-215 SB Ramps at Ethanac Road– The developer / property owner shall contribute a fair share construction cost of 2.7%.
• I-215 NB Ramps at Ethanac – The developer / property owner shall contribute a fair share construction cost of 4.8%.
• Trumble Road at Ethanac Road – The developer / property owner shall contribute a fair share construction cost of 7.4%.
• Sherman Road at Ethanac Road – The developer / property owner shall contribute a fair share construction cost of 10.8%
Item Title: 11.1
Motte Business Center Appeal
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Any improvements to portions of intersections or roadways shared with the City of Perris would be coordinated between the City of Menifee and City of Perris prior to final engineering for the Project.
F11 See Responses to Comments F8 and F10.
F12 The comment is noted and no further response is warranted.
F13 This comment has been noted and no further response is warranted.
F14 This comment has been noted and no further response is warranted.
F15 This comment includes conclusionary statements and therefore, no further response is warranted.
Item Title: 11.1
Motte Business Center Appeal
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Comment Letter G – The Pechanga Band of Indians
Molly Earp, Cultural Resources Specialist
Item Title: 11.1
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Item Page Number: 161
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Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 162
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Responses to Comment Letter G – The Pechanga Band of Indians Molly Earp, Cultural Resources Specialist
G1 This City provided a link to the Draft EIR to the Commenter regarding standard conditions of approval for tribal cultural resources. No further response is warranted.
G2 The Commenter’s clarification of available standard conditions of approval has been noted.
G3 The City appreciates the Commenter’s comment letter and has noted the conclusion of AB 52 consultation with the Tribe. As requested, the City has provided a link to the Final EIR in the Notice of Availability. No further response is warranted.
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Item Title: 11.1
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Item Page Number: 164
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Comment Letter H – Southern California Gas Company
William Liao, Regional Planning Supervisor
Item Title: 11.1
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Responses to Comment Letter H – Southern California Gas Company Molly Earp, Cultural Resources Specialist
H1 The Commenter’s “no concern at this time” has been noted, and therefore, no further response is warranted.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 166
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Comment Letter I – Riverside County Airport Land Use Commission Jackie Vega, Urban Regional Planner II
Item Title: 11.1
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Responses to Comment Letter I – Riverside County Airport Land Use Commission Jackie Vega, Urban Regional Planner II
I1 Comment noted and no further response is warranted.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 168
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Comment Letter J – Native American Heritage Commission
Andrew Green, Cultural Resources Analyst
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 169
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Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 170
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Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 171
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Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 172
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Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 173
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Responses to Comment Letter J – Native American Heritage Commission Andrew Green, Cultural Resources Analyst
J1 This comment letter was submitted after the close of the 45-day comment period. Nevertheless, the City appreciates the commenter’s letter and has provided the following response.
In accordance with Assembly Bill (AB) 52, the City requested formal tribal consultation with tribes on June 1, 2022. The following tribes were contacted for consultation: Agua Caliente Band of Cahuilla Indians (ACBCI), Pechanga Band of Indians (PBI), previously named Pechanga Band of Luiseño Indians), Rincon Band of Luiseño Indians (RBLI) Cultural Resources Depart ment, and Soboba Band of Luiseño Indians (SBLI). To date, written responses have been received from RBLI, and ACBCI and are detailed in Draf t EIR Section 4.14: Tribal Cultural Resources. As concluded in the Draft EIR, with implementation of mitigation measures and standard conditions of approval, the Project would comply with AB 52. SB 12 is not applicable to the Project.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 174
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Section 3.0 Errata to the Draft EIR
3.1 INTRODUCTION TO THE ERRATA
In accordance with Section 15132 of the CEQA Guidelines, the FEIR for the Motte Business Center Project includes the DEIR, dated September 2023, as well as any proposed revisions or changes to the DEIR.
The changes to the DEIR do not affect the overall conclusions of the environmental document, and instead represent changes to the DEIR to provide clarification, amplification and/or insignificant modifications, as needed as a result of public comments on the DEIR, or due to additional information received during the public review period. These clarifications and corrections do not warrant recirculation of the DEIR pursuant to CEQA Guidelines Section 15088.5.
None of the changes or information provided in the comments identify a new significant environmental impact, a substantial increase in the severity of an environmental impact for which mitigation is not proposed, or a new feasible alternative or mitigation measure that would clearly lessen significant environmental impacts but is not adopted. In addition, the changes do not reflect a fundamentally flawed or conclusory DEIR.
Changes to the DEIR are listed by Section, page, paragraph, etc. to best guide the reader to the revision.
Changes are identified as follows:
Deletions are indicated by strikeout text.
Additions are indicated by underlined text.
3.2 CHANGES TO THE DRAFT EIR
The site’s existing land use designation is “Menifee North Specific Plan (SP)” (see Exhibit 2- 3: Existing General Plan Land Use Designations ). The Project’s proposed industrial uses are consistent with the existing land use designation. The City’s General Plan (GP) Land Use Map was amended March 23, 2023 December 15, 2021.1 The Project site’s existing zoning is Menifee North SP Industrial (see Exhibit 2-4:
Existing Zoning). The Project’s proposed industrial uses are consistent with the existing zoning. The City’s Zoning Map was amended February 18, 2022 March 23, 2023.2
The Project applicant proposes the development of one warehouse building, appr oximately 1,138,638 square feet (sq. ft.) of non -sort warehouse space which includes 10,000 sq. ft. of office, 928,638 sq. ft.
1 City of Menifee. 20212023. General Plan Land Use Map. Retrieved at: https://www.cityofmenifee.us/DocumentCenter/View/11043/General - Plan--Land-Use-Map---December-2021https://www.cityofmenifee.us/DocumentCenter/View/11043/General -P lan--Land-Use-Map---March- 2023 ( accessed September 16, 2022November 30, 2023).
2 City of Menifee. 20222023. Zoning Map. Retrieved at: https://www.cityofmenifee.us/DocumentCenter/View/11042/Zoning -Map---February- 2022https://www.cityofmenifee.us/DocumentCenter/View/11042/Zoning -Map---March-2023 (accessed September 16, 2022November 30, 2023).
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of ground floor warehouse and 200,000 sq. ft. of mezzanine warehouse on an approximately 44 net-acre site. The building is contemplated to have a structural height of approximately 50 feet (see Exhibit 2 -6:
Conceptual Elevations) and includes 1010616 automobile parking spaces, 8282284 truck trailer parking spaces, and 128 dock high doors. The building is speculative in nature; howev er, the Project will be evaluated as a non-sort warehouse for purposes of this Draft EIR analysis. Refer to Exhibit 2-7: Conceptual Site Plan.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 176
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MM BIO-1 If grading or construction activities, including vegetation removal, occurs between February 1st and August 31st, a pre-construction clearance survey for nesting birds should be conducted within three (3) days of the start of any vegetation removal or ground disturbing activities to ensure that no nesting birds will be disturbed during construction.
The results of the survey shall be submitted to the City prior to obtaining a grading permit.
The Project Applicant shall ensure that impacts to nesting bird species at the Project site and off -site improvement areas are avoided through the implementation of preconstruction surveys, ongoing monitoring, and if necessary, establishment of minimization measures. The Project Applicant shall adhere to the following:
a. Applicant shall designate a biologist (Designated Biologist) experienced in: identifying local and migratory bird species of special concern; conducting bird surveys using appropriate survey methodology; nesting surveying techniques, recognizing breeding and nesting behaviors, locating nests and breeding territories, and identifying nesting stages and nest success; determining/establishing appropriate avoidance and Item Title: 11.1
Motte Business Center Appeal
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minimization measures; and monitoring the efficacy of implemented avoidance and minimization measures.
b. Surveys shall be conducted by the Designated Biologist at the appropriate time of day/night, during appropriate weather conditions, no more than 3 days prior to the initiation of Project activities. Surveys shall encompass all suitable areas including trees, shrubs, bare ground, burrows, cavities, and structures. Survey duration shall take into consideration the size of the Project site; density, and complexity of the habitat; number of survey participants; survey techniques employed; and shall be sufficient to ensure the data collected is complete and accurate. If a nest is suspected, but not confirmed, the Designated Biologist shall establish a disturbance -free buffer until additional surveys can be completed, or until the location can be inferred based on observations. If a nest is observed, but thought to be inactive, the Designated Biologist shall monitor the nest for one hour (four hours for raptors during the non - breeding season) prior to approaching the nest to determine status. The Designated Biologist shall use their best professional judgement regarding the monitoring period and whether approaching the nest is appropriate.
c. If an active avian nest is confirmed, the Designated Biologist shall immediately establish a conservative avoidance buffer surrounding the nest (generally 300 feet for migratory and non -migratory songbirds and 500 feet raptors and special -status species) based on their best professional judgement and experience. The Designated Biologist shall monitor the nest at the onset of Project activities, and at the onset of any changes in such Project activities (e.g., increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the Designated Biologist determines that such Project activities may be causing an adverse reaction, the Designated Biologist shall adjust the buffer accordingly or implement alternative avoidance and minimization measures, such as redirecting or rescheduling construction or erecting sound barriers. All work within these buffers will be halted until the nesting effort is finished (i.e., the juveniles are surviving independent from the nest). The on -site qua lified biologist will review and verify compliance with these nesting avoidance buffers and will verify the nesting effort has finished. Work can resume within these avoidance areas when no other active nests are found. Upon completion of the survey and nesting bird monitoring, a report shall be prepared and submitted to City for mitigation monitoring compliance record keeping.
Pages 4.6-13 through 4.6-18, Mitigation Measure GEO-1
MM GEO-1: Incorporation of and compliance with the recommendations in the Project geotechnical Investigation. All grading, construction and operations shall be conducted in conformance with the recommendations included in the Geotechnical Investigation for the Project site prepared by Southern California Geotechnical Inc., specifically the Geotechnical Investigation of Proposed Warehouse East Side of Dawson Road, 330± Feet South of Ethanac Road Menifee, California for Core5 Industrial Partners, dated June 17, 2021.
Specific recommendations in the geotechnical investigation address the following and Item Title: 11.1
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shall be incorporated into the final Project plans and construction -level geotechnical report:
1. Removal of undocumented fill soils in their entirety and any soils disturbed during site stripping and demolition operations (remedial grading) and replace these materials as compacted structural fill soils.
2. Proper moisture conditioning of all building pad subgrade soils to a moisture content of 2 to 4 percent above the ASTM D-1557 optimum during site grading.
In addition to adequately moisture conditioning the subgrade soils and fill soils during grading, special care shall be taken to maintaining moisture content of these soils at 2 to 4 percent above the optimum moisture c ontent. This will require the contractor to frequently moisture condition these soils throughout the grading process, unless grading occurs during a period of relatively wet weather, as determined by the City Engineer.
3. Additional soluble sulfate testing shall be conducted by a qualified geologist at the completion of rough grading and prior to issuance of a building permit to verify the soluble sulfate concentrations of the soils which are present at pad grade within the building area. If soluble sulfate concentrations above 0.10 percent are present, specialized concrete mix designs shall be required to reduce degradation of concrete which comes into contact with these soils. A qualified geologist will determine the specialized concrete mix for construction, if needed, upon results of lab testing of soluble sulfate soils.
4. Due to the presence of corrosive soils on site for iron and copper piping, polyethylene protection for cast iron or ductile iron pipes shall be required.
5. Demolition of the existing CAB pavements and canopy in the northern region of the site is required. Additionally, any existing improvements that will not remain in place for use with the new development shall be removed in their entirety. This shall include all utilities, and any other subsurface improvements associated with the existing pavements. Debris resultant from demolition shall be disposed of off- site. Alternatively, the existing CAB may be re -used as compacted fill, provided they are cleaned from any debris or organic cont ent, and well mixed with sandy soils. Mixing CAB with clayey soils is not recommended.
Initial site stripping shall include removal of any surficial vegetation from the unpaved areas of the site. This shall include any weeds, grasses, shrubs, and trees.
Root systems associated with the trees shall be removed in their entirety, and the resultant excavations shall be backfilled with compacted structural fill soils. Any organic materials shall be removed and disposed of off- site, or in non-structural areas of the property. The actual extent of site stripping shall be determined in the field by the geotechnical engineer, based on the organic content and stability of the materials encountered.
6. Remedial grading shall be performed within the proposed building ar ea in order to remove the existing undocumented fill soils, any soils disturbed during Item Title: 11.1
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demolition, and a portion of the near -surface native alluvium. Based on conditions encountered at the boring locations, the existing soils within the proposed building area are recommended to be over-excavated to a depth of at least 3 feet below existing grades and to a depth of at least 3 feet below proposed building pad subgrade elevations, whichever is greater. The depth of the over - excavation shall also extend to a depth sufficient to remove all undocumented fill soils and soils disturbed during site striping and demolition. Within the influence zones of the new foundations, the over -excavation shall extend to a depth of at least 2 feet below proposed foundation bearing grade.
The over-excavation areas shall extend at least 5 feet beyond the building and foundation perimeters, and to an extent equal to the depth of fill placed below the foundation bearing grade, whichever is greater. If the proposed structure incorporates any exterior columns (such as for a canopy or overhang) the area of over-excavation shall also encompass these areas.
Following completion of the over -excavation, the subgrade soils within the building area shall be evaluated by the geotechnical enginee r to verify their suitability to serve as the structural fill subgrade, as well as to support the foundation loads of the new structure. This evaluation shall include proof-rolling and probing to identify any soft, loose, or otherwise unstable soils that m ust be removed. Some localized areas of deeper excavation may be required if additional fill materials or loose, porous, or low -density native soils are encountered at the base of the over-excavation.
After a suitable over- excavation subgrade has been achi eved, the exposed soils shall be scarified to a depth of at least 12 inches and moisture conditioned to achieve a moisture content of 2 to 4 percent above optimum moisture content.
The subgrade soils shall then be recompacted to at least 90 percent of the ASTM D-1557 maximum dry density. The building pad area may then be raised to grade with previously excavated soils or imported structural fill.
7. The existing soils within the areas of any proposed retaining walls and site walls shall be over-excavated to a depth of 2 feet below foundation bearing grade and replaced as compacted structural fill as discussed above for the proposed building pad. Any undocumented fill soils or disturbed native alluvium within any of these foundation areas shall be removed in their entirety. The over -excavation areas shall extend at least 2 feet beyond the foundation perimeters, and to an extent equal to the depth of fill below the new foundations. Any erection pads for tilt - up concrete walls are considered to be part of the foundation system. Therefore, these over -excavation recommendations are applicable to erection pads. The over-excavation subgrade soils shall be evaluated by the geotechnical engineer prior to scarifying, moisture conditioning to within 2 to 4 percent above the optimum moisture content, and recompacting the upper 12 inches of exposed subgrade soils. The previously excavated soils may then be replaced as compacted structural fill.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 180
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3.0-7
If the full lateral recommended remedial grading cannot be completed for the proposed retaining walls and site walls located along property lines, the foundations for those walls shall be designed using a reduced allowable bearing pressure. Furthermore, the contractor shall take necessary precautions to protect the adjacent improvemen ts during rough grading. Specialized grading techniques, such as A-B-C slot cuts, will likely be required during remedial grading.
The geotechnical engineer of record shall be contacted if additional recommendations, such as shoring design recommendations, are required during grading.
8. Subgrade preparation in the new flatwork, parking and drive areas shall initially consist of removal of all soils disturbed during stripping and demolition operations.
The geotechnical engineer shall then evaluate the subgrade to identify any areas of additional unsuitable soils. Any such materials shall be removed to a level of firm and unyielding soil. The exposed subgrade soils shall then be scarified to a depth of 12± inches, moisture conditioned to 2 to 4 percent above the optimum moisture content, and recompacted to at least 90 percent of the ASTM D -1557 maximum dry density. Based on the presence of variable strength surficial soils throughout the site, it is expected that some isolated areas of additional over - excavation may be required to remove zones of lower strength, unsuitable soils.
The grading recommendations presented above for the proposed flatwork, parking and drive areas assume that the owner and/or developer can tolerate minor amounts of settlement within these areas. The grading recommendations presented above do not mitigate the extent of undocumented fill or compressible/collapsible native alluvium in the flatwork, parking and drive areas.
As such, some settlement and associated pavement distress could occur. If the owner cannot tolerate the risk of such settlements, the flatwork, parking and drive areas shall be over- excavated to a depth of 2 feet below proposed pavement subgrade elevation, with the resulting soils replaced as compacted structural fill.
9. Fill soils shall be placed in thin (6± inches), near -horizontal lifts, moisture conditioned (or air dried) to 2 to 4 percent above the optimum moisture content, and compacted.
a. On-site soils may be used for fill provided they are cleaned of any debris to the satisfaction of the geotechnical engineer.
b. All grading and fill placement activities shall be completed in accordance with the requirements of the latest CBC and the grading code of the cityCity of Menifee.
c. All fill soils shall be compacted to at least 90 percent of the ASTM D-1557 maximum dry density. Fill soils shall be well mixed.
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d. Compaction tests shall be performed periodically by the geotechnical engineer as random verification of compaction and moisture content.
These tests are intended to aid the contractor. Since the tests are taken at discrete locations and depths, they may not be indicative of the entire fill and therefore shall not relieve the contractor of his responsibility to meet the job specifications.
10. All imported structural fill shall consist of very low expansive (EI < 20), well graded soils possessing at least 10 percent fines (that portion of the sample passing the No. 200 sieve).
11. All utility trench backfill shall be compacted to at least 90 percent of the ASTM D -1557 maximum dry density. As an alternative, a clean sand (minimum Sand Equivalent of 30) may be placed within trenches and compacted in place (jetting or flooding is not recommended). Compacted trench backfill shall conform to the requirements of the local grading code, and more restrictive requirements may be indicated by the City of Menifee. All utility trench backfills shall be witnessed by the geotechnical engineer. The trench backfill soils shall be compaction tested where possible; probed and visually evaluated elsewhere.
12. Utility trenches which parallel a footing, and extending below a 1h:1v (horizontal to vertical) plane projected from the outside edge of the footing shall be backfilled with structural fill soils, compacted to at least 90 percent of the ASTM D- 1557 standard. Pea gravel backfill should not be used for these trenches.
13. Any soils used to backfill voids around subsurface utility structures, such as manholes or vaults, shall be placed as compacted structural fill. If it is not practical to place compacted fill in these areas, then such void spaces may be backfilled with lean concrete slurry.
Additional site testing and final design evaluation shall be conducted by the Project geotechnical consultant to refine and enhance these requirements. The Project Applicant/Developer shall require the Project geotechnical consultant to assess whether the requirements in that report need to be modified or refined to address any chan ges in the Project features that occur prior to the start of grading. If the Project geotechnical consultant identifies modifications or refinements to the requirements, the Project Applicant/Developer shall require appropriate changes to the final Project design and specifications. Design, grading, and construction shall be performed in accordance with the requirements of the City of Menifee Municipal Code and the California Building Code applicable at the time of grading, appropriate local grading regulations, and the requirements of the Project geotechnical consultant as summarized in a final written report, subject for to review by the City of Menifee City Engineer , or designee, prior to commencement of grading activities.
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Grading plan review shall also be conducted by the City of Menifee City Engineer or designee prior to the start of grading to verify that the requirements developed during the geotechnical design evaluation have been appropriately incorporated into the Project plans. Design, grading, and construction shall be conducted in accordance with the specifications of the Project Geotechnical Consultant as summarized in a final report based on the California Building Code applicable at the time of grading and building, and the City of Menifee’s Mu nicipal Code. On- site inspection during grading shall be conducted by the Project geotechnical consultant and the City of Menifee City Engineer, or designee, to ensure compliance with geotechnical specifications as incorporated into project plans.
Prior to final of grading permits, the Project geotechnical engineer shall submit a Final Testing and Observation Geotechnical Report for Rough Grading to the City of Menifee City Engineer, or designee.
FEMA Flood Insurance Rate Map (FIRM) shows the Project site being covered by one map panel:
06065C2060H (effective 8/18/2014).5 Based on a review of this map panel, the Letter of Map Revision (LOMR) 17-09-1814P went into effect 3/19/2018 and identifies the northeastern portionnorthern half of the Project site within the 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square ,of the Project site is largely within an area determined to be outside the 0.2 percent annual chance floodplain, identified as Zone X. The southern half of the Project site is located within an area of minimal flood hazard, identified as Zone X. Additionally, a smallThe southwestern portion of Antelope Road, adjacent to the northeastern corner of the Project site , is located within a special flood hazard area subject to inundation by the one percent annual chance flood, identified as Zone A. The one percent annual chance flood is also referred to as the base flood or 100- year flood. Zone A are areas for which no base flood elevations have been determined (refer to Exhibit 4.9-2).
The northeasternnorthern half portion of the Project site is largely within an area of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile determined to be outside the 0.2 percent annual chance floodplain within the 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square, identified as Zone X. The 1 -percent annual chance flood is also referred to as the base flood or 100 -year flood. The southern half of the Project site is located within an area of m inimal flood hazard, identified as Zone X. Additionally, a small portion of Antelope Road, adjacent to Thethe southwestern northeastern cornerportion of the Project site, is located within a special flood hazard area subject to inundation by the one percent annual chance flood area of minimal flood hazard, identified as Zone A. The one percent annual chance flood is also referred to as the base flood or 100-year flood. Zone A are areas for which no base flood elevations have been determined.
MM HYD-3: Prior to issuance of off-site grading permits, the tentative parcel maps , off-site grading plans, and final drainage study shall demonstrate compliance with applicable City and Item Title: 11.1
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3.0-10
Countydrainage plans and, policies, design guidelines and regulations including but not limited to City of Menifee Municipal Code Chapter 8.26 Grading Regulations and at the discretion of the City Engineer/Public Works Director.
As stated above, northeasternnorthern halfportion of the Project site is largely within an area determined to be outside the 0.2 percent annual chance floodplainwithin the 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square, identified as Zone X. The southern half of the Project site is located within an area of minimal flood hazard, identified as Zone X. Additionally, a small portion of Antelope Road, a djacent Thethe southwestern northeastern cornerportion of the Project site, is located within a special flood hazard area subject to inundation by the one percent annual chance flood, identified as Zone A.
7.6 Wildfire
Impact 7.6-1: If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project substantially impair an adopted emergency response plan or emergency evacuation plan?
Level of Significance: No Impact
Construction and Operations
According to CAL FIRE’s Fire and Resource Assessment Program, FHSZ Viewer, 3 the Project site is not located in or near a State Responsibility Area (SRA); the nearest SRA to the Project site l ocated approximately 1.3 miles to th e northeast of the Project site, north of the intersection of Menifee Road and Mapes Road. The Project site is located in a Local Responsibility Area. In addition, the Project site does not contain lands classified as a very high fire hazard severity zone (VHFHSZ). The closest VHFHSZ is located approximately 1.5 miles to the southeast of the Project site, south of McCall Boulevard and encompasses the Menifee mountains. Review of Exhibit S-6: High Fire Hazard Areas of the City’s GP further supports the finding that the Project site is not located in or near an SRA and the Project site is not within a VHFHSZ.4 Therefore, no impact associated with the substantial impairment of an adopted emergency response plan would occur.
Impact 7.6-2: Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
Level of Significance: No Impact
3 CAL FIRE. (2023). Fire Hazard Severity Zones in State Responsibility Area. Available at: https://calfire- forestry.maps.arcgis.com/apps/webappviewer/index.html?id=988d431a42b242b29d89597ab693d008 ( accessed November 2023). 4 City of Menifee. (2013). City of Menifee General Plan Exhibit S -6: High Fire Hazard Areas. Avai lable at:
https://www.cityofmenifee.us/DocumentCenter/View/1033/S -6_HighFireHazardAreas_HD0913?bidId= (accessed November 2023).
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Construction and Operations
Refer to Impact 7.6-1 above. The Project site is not located in or near an SRA and the Project site does not contain lands classified as VHFHSZs. The Project would not exacerbate wildfire risks or expose Project occupants to pollutant concentrations or the uncontrolled spread of a wildfire. Therefore, no impact would occur.
Impact 7.6-3: Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
Level of Significance: No Impact
Construction and Operations
Refer to Impact 7.6-1 above. The Project site is not located in or near an SRA and does not contain lands classified as VHFH SZs. The Project would include construction of warehouse facilities, with parking and landscaping included. Construction and operation of the Project would not increase the risk of fire nor would it require the installation/maintenance of infrastructure that would exacerbate fire risk. Therefore, no impact would occur.
Impact 7.6-4: Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
Level of Significance: No Impact
Construction and Operations
Refer to Impact 7.6-1 above. The Project site is not located in or near an SRA and does not contain lands classified as VHFHSZs. Because the site is located within an urbanized area, it would not expose people or structures to significant risks as a result of runoff, post -fire slope instability, or drainage changes.
Therefore, no impact would occur.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 185
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Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
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1 1.0 INTRODUCTION
1.1 FINDINGS OF FACT
The California Environmental Quality Act (CEQA) requires that the environmental impacts of a project be examined and disclosed prior to approval of a project. Pursuant to CEQA Guidelines Section 15091(a), No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:
1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR [referred to in these Findings as “Finding 1”].
2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency [referred to in these Findings as “Finding 2”]. 3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR [referred to in these Findings as “Finding 3”].
Having received, reviewed and considered the Motte Business Center Project (Project), State Clearinghouse (SCH) # 2022120083; as well as all other information in the record of proceedings on this matter, the following Findings Regarding the CEQA Documents for the Project are hereby adopted by the City of Menifee (City).
1.2 DOCUMENT FORMAT
These Findings have been categorized into the following sections:
1) Section 1.0 provides an introduction to these Findings. 2) Section 2.0 provides a summary of the Project, overview of other discretionary actions required for the Project, and a statement of Project objectives. 3) Section 3.0 provides a summary of those activities that have preceded the consideration of the Findings for the Project as part of the environmental review process, and a summary of public participation in the environmental review for the Project. 4) Section 4.0 sets forth findings regarding those potentially significant environmental impacts identified in the CEQA Documents which the City has determined to be less than significant with the implementation of Project design features.
5) Section 5.0 sets forth findings regarding those significant or potentially significant environmental impacts identified in the CEQA Documents which the City has determined can Item Title: 11.1
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2 feasibly be mitigated to a less than significant level through the imposition of mitigation measures included in the Mitigation, Monitoring and Reporting Program (MMRP) for the Project. 6) Section 6.0 sets forth findings for significant and unavoidable project impacts. 7) Section 7.0 sets forth findings regarding growth-inducing impacts. 8) Section 8.0 sets forth findings regarding alternatives to the Project. 9) Section 9.0 contains findings regarding the MMRP for the Project. 10) Section 10.0 contains other relevant findings adopted by the City with respect to the Project. 11) Section 11.0 contains the Statement of Overriding Considerations for the Project. 12) Section 12.0 contains information pertaining to the certification of the Final EIR.
The Findings set forth in each section herein are supported by findings and facts identified in the administrative record of the Project.
1.3 CUSTODIAN AND LOCATION OF RECORDS
The documents and other materials that constitute the administrative record for the City’s actions regarding the Project are located at the City of Menifee Community Development Department, 29844 Haun Road, Menifee, California 92586. The City is the custodian of the administrative record for the Project.
2.0 PROJECT SUMMARY
2.1 PROJECT DESCR IPTION/LOCATION
The Project is generally located southeast of the Interstate 215/Ethanac Road interchange in the City of Menifee, County of Riverside, State of California. The Project is generally bounded by Business Park and Heavy Industrial properties, a Riverside County Flood Control channel, Southern California Edison (SCE) utility corridor, and Mclaughlin Road to the south; commercial, non -conforming residential uses and Ethanac Road beyond to the north; Antelope Road to the east; and Dawson Road to the west. The Project site is comprised of eight parcels total (Assessor Parcel Numbers (APNs): 331-150-036, 331-150-037, 331- 150-039, 331-150-040, 331-150-041, 331-150-042, 331-150-044, 331-150-045).
The majority of the Project site consists of vacant, undeveloped land that has been subject to a variety of anthropogenic disturbances associated with prior ground disturbance activities and discing. The northeast portion of the site (APN: 331 -150-045) includes the Sahara Scaffold Yard (i.e., commercial uses) that is currently in operation. The Project would include the construction of a concrete tilt-up building that would total 1,138,638 square feet (including 10,000 square feet of office space, and 200,0 00 square feet of mezzanine) and proposes a structural height of approximately 50 feet, 616 automobile parking spaces, and 284 truck trailer parking spaces. The Project site is approximately 44 net-acres.
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3 Associated facilities and improvements of the Project include loading dock doors, on-site landscaping, and related on-site and off-site improvements (roadway improvements, sewer, storm drain, utilities).
2.2 DISCRETIONARY ACTIONS
The City is the Lead Agency under CEQA and is responsible for reviewing and certifying the adequacy of the EIR for the Project. It is expected that the City, at a minimum, would consider the data and analyses contained in this EIR when making their permit determinations. Prior to development of the Project, discretionary permits and a pprovals must be obtained from local, state and federal agencies, as listed below.
TPM No. 38432 (PLN22 -0114) proposes to combine (APNs 331 -150-036, 331 -150-037, 331 -150-039, 331-150-040, 331-150-041, 331-150-042, 331-150-044, 331-150-045) into one parcel for a total of 46.33 gross acres and 43.94 net-acres.
Plot Plan No. PLN22-0115 proposes to construct one concrete tilt-up building totaling 1,138,638 sq. ft. which includes 10,000 sq. ft. of office, 928,638 sq. ft. of ground floor warehouse and 200,000 sq. ft. of mezzanine space on an approximately 43.94 net -acre project site. The building proposes a structural height of approximately 50 feet and includes 616 automobile parking spaces, 284 truck trailer parking spaces, and 128 dock doors.
Other permits required for the Project may include, but are not limited to, the following: issuance of encroachment permits for driveways, sidewalks, and utilities; security and parking area lighting; building permits; grading permits; tenant improvement permits ; and permits for new utility connections.
2.3 STATEMENT OF OBJECTIVES
The following objectives have been established for the Project by the City and Project applicant:
• Objective 1: Develop an industrial project that conforms to the City’s General Plan and the Menifee North Specific Plan.
• Objective 2: Provide a new development that will generate a positive fiscal balance for the City moving forward.
• Objective 3: Design and build a Class-A institutional quality industrial project that will attract high end tenants and increase the City’s tax base.
• Objective 4: Generate employment opportunities within the City while improving the local balance of housing to job ratio.
• Objective 5: Facilitate the movement of goods and services for the benefit of local and regional economic growth.
• Objective 6: Develop a warehouse project adjacent to transportation corridors, truck routes, local amenities, and the nearby Interstate 215 Freeway and Highway 74 for employee convenience and efficiencies of transporting goods.
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4 • Objective 7: Improve public safety and traffic flow in North Menifee with roadway and infrastructure improvements.
• Objective 8: Provide enhanced landscaping along project frontage streets in landscaping setbacks. • Objective 9: Provide the backbone infrastructure for future growth and prosperity of the surrounding benefit area that will serve the immediate and long term needs of the community. • Objective 10: Provide a warehouse project in proximity to other warehouse uses on industrial zoned land.
3.0 ENVIRONMENTAL R EVIEW AND PUBLIC PARTICIPATION
A Notice of Preparation (NOP) was distributed for the Project by the City on December 6, 2022 .
Additionally, the State of California Clearinghouse issued a project number for the Project, SCH # 2022120083. In accordance with CEQA Guidelines Section 15082, the NOP was circulated to interested agencies, groups, and individuals for a pe riod of 30 days, during which comments were solicited and received, pertaining to environmental issues/topics that the Draft EIR should evaluate. These NOP responses were considered in the preparation of the Draft EIR, which upon release, was made available to all Responsible/Trustee Agencies and interested groups and individuals, as required under CEQA Guidelines Sections 15105 and 15087.
The State-mandated public review of the Draft EIR began on September 29, 2023, and concluded November 13, 2023, (46 days). The Final EIR includes a Response to Comments package, which presents all written comments received during the public review period of the Draft EIR and includes responses to these comments and associated changes made to the EIR.
The EIR includes any exhibits or appendices thereto, the list of persons, organizations and public agencies which commented on the EIR, the comments which were received by the City regarding the EIR, and the City's written responses to comments raised in the public review and comment process, all of which are incorporated herein and made a part hereof by reference. Pursuant to State CEQA Guidelines Section 15084, the EIR has been reviewed and analyzed by the City of Menifee as the lead agency with respect to the Project and the EIR. The following findings for the Project and each fact in support of a finding are thus based upon substantial evidence in the record.
4.0 FINDINGS REGARDING ENVIRONMENTAL IMPACTS
DETERMINED TO HAVE NO IMPACTS OR BE LESS THAN
SIGNIFICANT
The City finds, based upon the analysis presented in Section 4.0 of the Draft EIR, dated September 2023, as the following environmental effects of the Project either have no impact or the impacts are less than significant, and, therefore, no mitigation measures are required. The City hereby finds that existing regulatory requirements, policies, and/or Project conditions have been identified and incorporated into the Project which avoids or substantially lessens the potentially significant effect on the environment to a less than significant level.
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5 4.1 AESTHETICS
Impact 4.1-1: Less than Significant Impact
The Project will not significantly impact views of the San Jacinto Mountains to the northeast and east; the San Bernardino Mountains to the north; the San Gabriel Mountains to the northwest; and the Santa Ana Mountains to the west and southwest. Notably, the warehouse building is contemplated to have a structural height of approximately 50 feet. Portions of the parapet wall would exceed 50 feet to completely screen all rooftop equipment and to provide roof height offsets for an overall enhanced building façade on all sides. The warehouse building would be consistent with the allowed building height identified in the Menifee North Specific Plan. Although the Project would be taller than the surrounding structures, the building structural roof height would not exceed the maximum 50 feet height and would be setback in accordance with the design standards of the Menifee North SP. Moreover, the Project would not significantly obscure views of this relatively close scenic vista to nearby residents or motorists traversing along Dawson Road, Antelope Road, and Ethanac Road because the Project would be consistent with the allowed building height and setbacks (Draft EIR, p. 4.1-10). For these reasons and the reasons discussed in the EIR, the Project’s impacts on scenic vistas would be less than significant, and no mitigation relating to this issue is required.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not significantly affect scenic vistas. Potential aesthetic impacts to scenic views are considered less than significant. Consequently, no mitigation measures are required for this less than significant impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.1-9 through 4.1-10.
Impact 4.1-2: No Impact
No adopted State of California (State) or Riverside County (County) scenic highways exist within the City.
The nearest officially designated state scenic highway is approximately 18 miles east of the Project site (SH 74 from the west boundary of the San Bernardino National Forest to SH 111 in Palm Desert).
Therefore, construction and operation of the Project site would not damage or obstruct any scenic resource (e.g., trees, rock outcroppings, or historic buil dings) within a state scenic highway. (Draft EIR, p. 4.1-10 through 4.1-11) For these reasons and for the reasons discussed in the EIR, the Project would not substantially damage scenic resources within a state scenic highway, and no mitigation relating to this issue is required. (Draft EIR, p. 4.1-10 through 4.1-11) Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not significantly affect scenic highways and corridors.
Potential aesthetic impacts to scenic highways and corridors are considered less than significant.
Consequently, no mitigation measures are required for this less than significant impact.
Mitigation Measures: No mitigation is required.
Item Title: 11.1
Motte Business Center Appeal
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6 Supportive Evidence: Please refer to Draft EIR pages 4.1-10 through 4.1-11.
Impact 4.1-3: No Impact
The Project is in an urbanized area and is zoned as Menifee North Specific Plan (SP). Project construction and operation would comply with the development standards and design standards and guidelines laid out in the Menifee North SP . Standards and guidelines specific to scenic quality include the general standards, PA 2 planning standards, and lighting standards. Through compliance with the Menifee North SP development standards and design standards and guidelines, and GP goals and policies, the Project would not conflict with applicable zoning and other regulations governing scenic quality.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not significantly affect the visual charac ter of the City.
Potential impacts are considered less than significant. Consequently, no mitigation measures are required for this no impact determination.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.1-11 through 4.1-13.
Impact 4.1-4: Less than Significant Impact
The Project will require minimal construction-related lighting, as the majority of the construction of the Project would be during daytime hours of construction permitted by the City’s Municipal Code. Once operational, all lighting at the Project site would be directed and/or shielded to prevent the light from adversely affecting adjacent properties, and no structures or features would be permitted t hat create adverse glare effects pursuant to the Menifee North Specific Plan which references Section 10.4.
Development Standards for Article XII M-H Zone of Ordinance No. 348, all lighting, including spotlights, floodlights, electrical reflectors, and oth er means of illumination for signs, structures, landscaping, parking, loading, unloading and similar areas shall be focused, directed, and arranged to prevent glare or direct illumination on streets or adjoining property. Thus, consistent with Section 10.4, as well as Article XVIII General Provisions of Ordinance No. 348, all lighting shall be indirect, hooded, and positioned so as not to reflect onto adjoining property or public streets.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area . Potential impacts are considered less than significant. Consequently, no mitigation measures are required for this less than significant impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.1-13 through 4.1-14.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 191
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7 4.2 AGRICULTURE AND FORESTRY RESOURCES
Impacts 7.2-1, 7.2-2, 7.2-3, 7.2-4, and 7.2-5: No Impact No Project actions were concluded to be less than significant, but rather designated as not having an impact as the site does not contain Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, there are no lands within the City that are currently under a Williamson Act contract or zoned for agricultural use, and there is no forest or timberland present on the Project site that could be lost from Project implementation.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts to prime farmland, unique farmland or farmland of statewide importance beyond those concluded in the Draft EIR. No potential impacts are anticipated to occur. Consequently, no mitigation measures are required for this no impact determination.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR, pages 7-1 through 7-3.
4.3 AIR QUALITY
Impact 4.2-4: Less than Significant Impact
The Project does not involve any of the land uses that would result in emissions, such as those leading to odors, that would adversely affect a substantial number of people. The Project would also be required to comply with South Coast Air Quality Management District (SCAQMD) Rule 402 to prevent occurrences of public nuisances. Therefore, the Project would not create objectionable odors, and no impact would occur.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts from the emissions of other emissions beyond those concluded in the Draft EIR. No impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR page 4.2-35 through 4.2-36.
4.4 BIOLOGICAL RESOURCES
Impact 4.3-2 and 4.3-3: No Impact
No jurisdictional drainage features, riparian/riverine areas, or vernal pools were identified on or immediately bordering the Project site. No blueline streams or, ponded areas, pits, or water features have been documented on the topographic maps for the Project site. Therefore, regulatory approvals from the United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), or Item Title: 11.1
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Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
8 California Department of Fish and Wildlife (CDFW) will not be required for implementation of the Project.
One artificially created drainage occurs along the nor thern boundary of the Project site, traversing the site from east to west. This feature is fed by stormwater runoff during storm events via twelve 18 -inch culverts beneath Antelope Road and conveys flows westward to Dawson Road. Downstream flows infiltrate at an undeveloped, vacant parcel immediately beyond Antelope Road. It was concluded that the drainage did not replace an existing blueline stream. Further, the drainage does not support any riparian vegetation or suitable habitat for riparian wildlife species, as vegetation with the feature is consistent with the surrounding disturbed area. The drainage is isolated, as it begins at the railroad northeast of the Project site and terminates on the northwest corner, with no connectivity to downstream waters. The drainage feature only receives water from direct precipitation during and following storm events.
Additionally, a concrete lined flood control channel extends along the southern boundary of the site, that was installed between 2014 and 2016, as part of a large retrofitting of the flood control infrastructure in the vicinity of the site. The concrete lined storm drain receives storm flows form the area east of the intersection of Case Road and Palomar Road, and did not replace an existing blueline stream. Therefore, these manmade features do not qualify as jurisdictional by the United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), or California Department of Fish and Wildlife (CDFW). Connecting the off -site drainage culvert, northeast of the Project site, into the flood control channel south of the Project site would not result in impacts to jurisdictional waters, and regulatory approvals will not be required. Further, site development will not result in impacts to riparian/r iverine habitats and a Determination of Biologically Equivalent or Superior Preservation (DBESP) will not be required under the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) for the loss of riparian/riverine habitat. Further, no sensitive habitats were identified within the Project site. Thus, no sensitive natural communities will be impacted from Project implementation . Accordingly, development of the Project and off -site improvement areas would not result in impacts to riparian/riverine habitats and DBESP would not be required for the loss of riparian/riverine habitat from development of the Project. No impact would occur.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts to riparian habitat or other sensitive natural community, nor would the 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, beyond those concluded in the Draft EIR. No impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR page 4.3-23 through 4.3-24.
Impact 4.3-4: No Impact
The Project site has not been identified as occurring in a wildlife corridor or linkage. The nearest linkage to the Project site, as identified by the Multiple Species Habitat Conservation Plan (MSHCP) , occurs approximately 1.65 miles to the northwest of the Project in association with the San Jacinto River. The Project would be confined to existing areas that have been heavily disturbed and are isolated from Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 193
Menifee Mayor and City Council
February 21, 2024
Page
1486 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
9 regional wildlife corridors. Therefore, the Project site does not function as a major wildlife movemen t corridor or linkage. As such, implementation of the Project is not expected to have a significant impact to wildlife movement opportunities or prevent local wildlife movement through the area. Due to the lack of any identified impacts to wildlife movement, migratory corridors or linkages or native wildlife nurseries, no mitigation is required. Therefore, impacts to wildlife corridors or linkages would not occur.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts to movement of any native resident or migratory fish or wildlife species beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.3-24.
Impact 4.3-5: Less than Significant Impact
The Project would be developed in compliance with the Menifee GP Open Space and Conservation Element’s goals and policies pertaining to the conservation of biological resources. Goal OSC-8 protects biological resources and Policy OCS-8-5 calls for the recognition of the impacts new development would have on the City's natural resources and to identify ways to r educe these impacts. The Menifee MC Chapter 9.200: Tree Preservation, requires all development to, “protect trees, considered to be a valuable community resource, from indiscriminate cutting or removal, to ensure and enhance public health, safety and welfare through proper care, maintenance and preservation of trees. Such landscaping, irrigation systems and tree preservation represent a substantial investment in and potential benefit to the community. Heritage trees such as those with certain characteristics (age, size, species, location, historical influence, aesthetic quality or ecological value) are subject to special attention and preservation efforts.” However the Project does not contain any trees that would be subject to the Menifee MC’s tree preservation ordinance. Therefore, adherence with the Menifee GP goals and policies pertaining to the protection of biological resources would ensure that impacts are less than significant.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts due to conflicts with established conservation plans beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.3-24 through 4.3-25.
4.5 CULTURAL RESOURCES
Impact 4.4-3: Less than Significant Impact
No formal cemeteries are on or near the Project site. Most Native American human remains are found in association with prehistoric archaeological sites. Given the very low potential for the Project’s ground - Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 194
Menifee Mayor and City Council
February 21, 2024
Page
1487 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
10 disturbing activities to encounter archaeological remains, human remains to be potentially encountered are considered low. Notwithstanding, if previously unknown human remains are discovered during the Project’s ground-disturbing activities, a substantial adverse change in the significance of such a resource could occur. In such event, COA-CUL-1 and COA-CUL-2 would be implemented.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not disturb human remains beyond those concluded in the Draft EIR. Less than significant impacts are anticipated with compliance with applicable COAs .
Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.4-16.
4.6 ENERGY
Impact 4.5-1: Less than Significant Impact
The Project would comply with the applicable Title 24 standards. Compliance itself with applicable Title 24 standards would ensure that the Project energy demands would not be inefficient, wasteful, or otherwise unnecessary. Therefore, potential impacts are considered less than significant.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts due to the wasteful or inefficient energy use beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.5-9 through 4.5-16.
Impact 4.5-2: Less than Significant Impact
The Project would be required to comply with these existing energy standards. Compliance with state and local energy efficiency standards would ensure that the Project meets all applicable energy conservation policies and regulations. As such, the Project would not conflict with applicable plans for renewable energy or energy efficiency. SCAG’s 2020 -2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) or Connect SoCal, adopted in September 2020, integrates transportation, land use, and housing to meet GHG reduction targets set by California Air Resources Board (CARB). The document establishes GHG emissions goals for automobiles and light-duty trucks, as well as an overall GHG target for the region consistent with both the target date of AB 32 and the post-2020 GHG reduction goals of SB 375. The Project would not conflict with the stated goals of the Connect SoCal. Potential im pacts are considered not significant.
Finding: The City adopts CEQA Finding 1.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 195
Menifee Mayor and City Council
February 21, 2024
Page
1488 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
11 The City hereby finds that the Project would not generate substantial impacts stemming from conflicts with established renewable energy or energy efficiency plans beyond those concluded in the Draft EIR.
Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.5-16.
4.7 GEOLOGY AND SOILS
Impact 4.6-1 (i) and 4.6-2 (ii): Less than Significant Impact There are no known active or potentially active faults on or trending toward the Project site and the Project site is not located within a mapped Alquist -Priolo Earthquake Fault Zone. Because there are no known faults located on or trending towards the Project site, the Project would not directly or indirectly cause potential substantial adverse effects involving rupture of a known earthquake fault . Additionally, there was no evidence of faulting identified during the geotechnical investigation of the Project site. The Project site is not subject to surface rupture of a known active fault; therefore, the possibility of significant fault rupture on the Project site is considered to be low, and no mitigation is required.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts regarding fault rupture or strong seismic ground shaking beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.6-9 through 4.6-11.
Impact 4.6-3(iii) and 4.6-4 (iv): Less than Significant Impact The Project site is located within a zone of low liquefaction susceptibility. Soil conditions encountered at the boring locations consist of dense, well -graded, granular soils and very stiff to hard cohesive soils extending to depths of 25± feet, which are not considered to be conducive to liquefaction. Based on mapping performed by the County of Riverside and the lack of a historic high ground water table within the upper 50± feet of the ground surface, liquefaction is not considered to be a design concern for this Project. Therefore, Project development would not subject people or structures to liquefaction hazards, and impacts including risk of loss, injury, or death would be less than significant. Additionally, the Project site gently slopes west at a gradient. No extreme elevation differences exist in or around the Project site that would potentially lead to landslide effects. According to the City’s Liquefaction and Landslides map, the Project site and the immediate area are not within a zone of generalized landslide susceptibility. The Project area is also outside of the hazard zone for rockfa ll/debris-flow. The relatively flat topography of the Project site along with its location outside of identified landslide susceptibility and rockfall/debris-flow hazard areas would lead to a less than significant impact from occurring and no mitigation is required.
Finding: The City adopts CEQA Finding 1.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 196
Menifee Mayor and City Council
February 21, 2024
Page
1489 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
12 The City hereby finds that the Project would not generate substantial impacts seismic ground failure or landslides beyond those concluded in the Draft EIR. Less than significant impacts are anticipated.
Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.6-11 through 4.6-12.
Impact 4.6-8: Less than Significant Impact
No septic tanks or other alternative wastewater disposal systems are proposed. A less than significant impact would occur.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts from unstable soil beyond those concluded in the Draft EIR. Less than significant i mpacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR page 4.6-20.
4.8 GREENHOUSE GAS EMISSIONS
Significant and unavoidable greenhouse gas impacts. Refer to Section 4.7: Greenhouse Gas Emissions of the Draft EIR and the Mitigation Monitoring and Reporting Program.
4.9 HAZARDS AND HAZARDOUS MATERIALS
Impact 4.8-3: Less than Significant Impact
The nearest operating school to the Project site is less than one-quarter mile to the northeast. Romoland Elementary School is located at 25890 Antelope Road, Menifee, CA 92585. However, the types of hazardous materials used during construction activities would be used in limited quantities and would be subject to all applicable federal, state, and local regulations pertaining to the use, handling, or transport of hazardous materials. Compliance with the regulatory framework would ensure Project constructio n would not create a significant hazard to nearby schools due to the transport of any hazardous materials on local roadways. During operations, the use of hazardous materials that would be routinely handled on- site would be limited to cleaners, paints, and solvents typical for cleaning and keep-up and fertilizers and pesticides for landscaping maintenance. These types of hazardous materials are not considered to be significantly hazardous or acutely hazardous. Although the Project site is near a school, the Project’s use of hazardous materials during Project operations would adhere to all applicable federal, state, and local regarding handling, transport, and disposal of hazardous materials. Therefore, the Project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school, a less than significant impact would occur.
Finding: The City adopts CEQA Finding 1.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 197
Menifee Mayor and City Council
February 21, 2024
Page
1490 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
13 The City hereby finds that the Project would not generate substantial impacts due to being on a site containing hazardous materials beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR page 4.8-27.
Impact 4.8-4: Less than Significant Impact
According to the Phase I E nvironmental Site Assessment (ESA), the Project site is not included on the hazardous sites list compiled pursuant to Government Code Section 65962.5.9. In addition, the Phase I ESA (2022) did not identify any environmental concerns for the Project site. Therefore, impacts would be less than significant.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts from hazardous materials compiled pursuant to Government Code Section 65962.5 beyond those concluded in the Draft EIR. Less than significant impa cts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.8-28.
Impact 4.8-5: Less than Significant Impact
The Project site is located within Compatibility Zones D and E of the M arch Air Reserve Base (MARB).
Within Compatibility Zone E of the A irport Influence Area (AIA), residential density and non-residential intensity are not restricted. Furthermore, based on the MARB Inland Airport Land Use Compatibility Plan – Map MA - 1 noise impacts are low to moderate and risk of accidents is low. Airspace protection is the major concern in that aircraft pass over these areas while flying to, from, or around the March Air Reserve Base. All new development shall be in accordance with the Compatibility Zone E regulations, and all state, county, and local goals, policies, and regulations. Furthermore, the Notice of Preparation for the Project was previously been transmitted to the Airport Land Use Commission (ALUC) on May 18, 2022. The ALUC responded that the Project is nearly ten miles south of Runway 14/32, they do not anticipate any adverse operational impacts associated with implementation of the Project. The ALUC also received the Notice of Availability of the Draft EIR on September 29, 2023. Due to the Project being within Zones D & E and no legislative actions being proposed, review by the ALUC is not required because the City is consistent with the March ALUCP. Based on Table MA -2 of the March Air Reserve Base Inland Port Airport Land Use Compatibility Plan, projects located within Zone D are subject to COA-HAZ-1 and COA-HAZ-2, as noted in the Draft EIR, would not result in a significant impact. Therefore, impacts would be less than significant.
Finding: The City adopts CEQA Finding 1.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 198
Menifee Mayor and City Council
February 21, 2024
Page
1491 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
14 The City hereby finds that the Project would not generate substantial impacts due to conflicts with public or private airports beyond those concluded in the Draft EIR. Less than significant impacts are anticipated.
Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.8-28 through 4.8-29.
Impact 4.8-6 Less than Significant Impact
The Project site does not contain any emergency facilities, nor does it serve as an emergency evacuation route. During construction and long -term operation of the Project, adequate emergency access for emergency vehicles would be maintained along public streets that abut the Project site . The City has adopted an Emergency Operations Plan to identify evacuation routes, emergency facilities, and City personnel and equipment available to effectively de al with emergency situations. No revisions to the adopted Emergency Operations Plan would be required as a result of the Project.
Furthermore, response times from the Riverside County Fire Department Station 7 and 54 would not be impaired by Project implem entation because primary access to all major roads would be maintained during construction of the Project, as discussed further in Section 4.12: Public Services.
Because both Project construction and operations would not disrupt or interfere with emergency access to nearby roadways, would not interfere with the City’s emergency response plan, and would comply with design standards for emergency services, impacts would be less than significant.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not impair implementation or physically interfere with an adopted emergency response plan or emergency evacuation plan beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR page 4.8-29 through 4.8-30.
Impact 4.8-7 Less than Significant Impact
The Project site is located in a Local Responsibility Area and is not located within a State Responsibility Area or a very high fire hazard severity zone. According to the City’s High Fire Hazard Areas Map, neither the California Department of Forestry and Fire Protection (Cal Fire) nor the City identify the Project site within an area susceptible to wildland fires. The Project site and surrounding areas generally consist of agricultural, commercial, transportation, or residential uses, which are generally not associated with wildland fire hazards. The Project would comply with all applicable local and state regulations related to fire safety, as evaluated through the City’s standard development review process. Impacts would be less than significant.
Finding: The City adopts CEQA Finding 1.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 199
Menifee Mayor and City Council
February 21, 2024
Page
1492 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
15 The City hereby finds that the Project would not generate substantial impacts involving the exposure of people or structures to the risk of wildland fires beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.8-30.
4.10 HYDROLOGY AND WATER QUALITY
Impact 4.9-2: Less than Significant Impact
The Project would construct on-site and off-site potable water and recycled water systems in accordance with Eastern Municipal Water District (EMWD) design standards to receive water services from EMWD.
Thus, the Project would utilize potable and recycled water and would not use any on -site or off -site groundwater wells, nor any other groundwater extractive methods to service the Project. Furthermore, the Water Supply Assessment (WSA) prepared by the EMWD also determined that EMWD does not plan to develop new groundwater supplies for this Project. Therefore, the Project would not directly draw water from the groundwater basin. Accordingly, implementation of the Project in this regard would not substantially deplete or decrease groundwater supplies or direct ly impact groundwater supplies.
Additionally, while construction activities would introduce new impermeable surfaces to the Project site, the Project would reduce the amount of runoff from the new impervious areas with implementation of design measures in the Water Quality Management Plan (WQMP). These measures include, but are not limited to, LID BMPs and other stormwater drainage controls. The LIDs would be engineered to capture and control run-off prior to being released downstream. This would increase the duration that water is held on-site prior to being released to downstream receiving waters. This timed-release allows water to slowly infiltrate the ground and helps facilitate recharge. In addition, LIDs that include permeable materials, enable run-off to immediately infiltrate and begin the recharge process. Lastly, the Project site also includes areas that would be landscaped with permeable surfaces in accordance with EMWD’s Water Efficient Guidelines for New Development, which also would facilitate groundwater recharge. Therefore, with the required measures in place, the loss of the permeable area would not be substantial and groundwater recharge would maintain pre-project conditions. The Project would not substantially deplete groundwater supplies or substantially interfere with groundwater recharge. Impacts would be less than significant.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts from the reduction of groundwater r esources beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.9-18 and 4.9-19.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 200
Menifee Mayor and City Council
February 21, 2024
Page
1493 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
16 Impact 4.9-7: Less than Significant Impact
The Project’s components are not anticipated to obstruct groundwater facilities as groundwater facilities are not planned by EMWD for this Project. Furthermore, the Project would not substantially deplete or decrease groundwater supplies or directly impact groundwater supplies because the Project’s proposed BMPs would include design features that would assist in the recharge of groundwater supplies. Thus, the Project would not conf lict with the Hemet/San Jacinto Groundwater Management Plan or the West Jacinto Groundwater Basin Management Plan. Therefore, a less than significant impact would occur.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts due to conflicts with adopted water quality control plans or sustainable groundwater management plans beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.9-22.
4.11 LAND USE AND PLANNING
Impact 4.10-1 No Impact
The Project will not be located in an established residential community, and it would not physically divide any such community. The Project would occupy an area to be fully designated/classified as Menifee North SP. More specifically the Project is in PA 2 of the Menifee North SP which is designated for industrial use. The Project’s proposed warehousing uses would be consistent with established land use and zoning designations. The Project would not involve the removal of vital roadways or points of connec tion for residents but would improve Project area roadways. Therefore, development of the Project would not divide an established community and no impact would occur.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts to established communities beyond those concluded in the Draft EIR. No impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.10-5 through 4.10-6.
Impact 4.10-2: Less than Significant Impact
The Project would not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulations adopted for the purpose of avoiding or mitigating an environmental effect. As set forth in the EIR, regionally, the Project woul d comply with the goals and policies presented in Southern California Association of Government’s (“SCAG”) Regional Transportation Plan/Sustainable Communities Strategy (“RTP/SCS”). Locally, the Project would comply with the City’s General Plan and its land use goals Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 201
Menifee Mayor and City Council
February 21, 2024
Page
1494 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
17 and policies, the City’s Development Code, and the March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan. For these reasons and the reasons set forth in the EIR, the Project would have a less than significant impact relating to this issue, and no mitigation is required.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts due to conflicts with adopted land use policies beyond those concluded in the Draft EIR. Les s than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.10-6 through 4.10-25.
4.12 MINERAL RESOURCES
Impact 7.3-1 and 7.3-2: No Impact
The Project site would be within an area of the City which is currently disturbed and partially developed.
None of the existing uses include mineral refinement or mining. No mineral resources have been identified in or around the Project site. The previous uses at the Project site did not include mining activities or mineral processing, and no active mining sites exist within the City. Therefore, the Project would not interfere with any existing or potential mining activities. No impact would occur.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts due to the loss of mineral resources beyond those concluded in the Draft EIR. No impacts are anticip ated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR page 7-3.
4.13 NOISE
Impact 4.11-1: Less than Significant Impact
The Project would not resul t in the generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. Although sensitive uses may be exposed to elevated noise levels during Project construction, these noise levels would be acoustically dispersed throughout the Project site and not concentrated in one area near surrounding sensitive uses.
Therefore, the Project’s c onstruction activities would not result in a substantial temporary increase in ambient noise levels. The Project would contribute to other proximate construction project noise impacts if construction activities were conducted concurrently. The highest exte rior noise level at residential receptors would occur during the building construction phase and would be 68.4 dBA which is below the FTA’s 80 dBA threshold . Additionally, Project-generated noise levels at the nearest off -site properties Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 202
Menifee Mayor and City Council
February 21, 2024
Page
1495 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
18 would range from 38.6 dBA Leq to 46.5 dBA Leq during the daytime and would not exceed the Menifee MC noise limit of 65 dBA Leq. Similarly, Project-generated noise levels during the nighttime would range from 37.1 dBA Ldn to 44.3 dBA Leq and would not exceed the Menifee MC n oise limit of 45 dBA Leq.
Lastly, the Project’s cumulative off-site traffic noise levels between existing conditions and opening year with the Project would be insignificant and therefore, a cumulatively significant impact would not occur.
As such, Project noise impacts from on-site operations would be less than significant. Lastly, off-site traffic noise increases as a result of the Project, would not exceed the Normally Acceptable noise standard. As such, traffic noise impacts from the Project would be less than significant.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not result in the generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other age ncies beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.11-13 through 4.11-19.
Impact 4.11-2: Less than Significant Impact
The Project would not generate excessive groundborne vibration or groundborne noise levels. The nearest structure to the Project construction site is approximately 74 feet away. At 30 feet the vibration velocities from construction equipment would not exceed 0.0677 in/sec PPV, which is below the FTA’s 0.20 in/sec PPV threshold for building damage and below the 0.4 in/sec PPV annoyance threshold. It is also acknowledged that construction activities would occur throughout the Project site and would not be concentrated at the point closest to the nearest structure. Additionally, the Project’s truck movements would be at low speed (not at freeway speeds) and would be over smooth surfaces (not under poor roadway conditions), Project-related vibration associated with truck activity would not result in excessive ground-borne vibrations; no vehicle-generated vibration impacts would occur. In addition, there are no sources of substantial ground-borne vibration associated with the Project, such as rail or subways. The Project would not create or cause any vibration impacts due to operations.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generat e substantial impacts due to excessive groundborne vibrations beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.11-19 through 4.11-21.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 203
Menifee Mayor and City Council
February 21, 2024
Page
1496 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
19 Impact 4.11-3: Less than Significant Impact
The closest airport to the Project site is the Perris Valley Aviation Airport located approximately 2.6 miles to the northwest. Therefore, the Project is not within 2.0 miles of the Perris Valley airport, and it is outside of the 55 CNEL noise contour. Additionally, there are no private airstrips located within the Project vicinity.
Therefore, the Project would not expose people working in the Project area to excessive airport - or airstrip-related noise levels and no mitigation is required.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts stemming from proximity to airport land use plan areas or private airstrips beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.11-21.
4.14 POPULATION AND HOUSING
Impact 7.4-1: Less than Significant Impact
The Project would not induce substantial unplanned population growth in the area. The Project would have a beneficial effect on the City’s employment base by developing a site that is largely vacant with a new industrial/warehouse facility with ancillary office space and mezzanine. Given that the current unemployment rate for Riverside County is approximately 4.3 percent, it is reasonably assured that the jobs would be filled by people living in the City, unincorporated County area, and surrounding communities, such as Perris and Murrieta. The Project would occupy an area to be fully designated/classified as Menifee North SP. The Project’s proposed warehousing uses would be consistent with established land use and zoning designations. Therefore, any growth associated with the Project is planned and accounted for. Furthermore, the Project site is served by existing public roadways, and utility infrastructure would be installed beneath the public rights-of-way that abut the Project site. As a result, the Project would not be anticipated to induce substantial population gro wth in the Project area.
Therefore, impacts associated with substantial, unplanned population growth would be less than significant.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts from induced population growth beyond those concluded in the Draft EIR. Less than significant impacts are anticipated.
Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR page 7-3 and 7-4.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 204
Menifee Mayor and City Council
February 21, 2024
Page
1497 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
20 Impact 7.4-2: No Impact
No residential units currently exist on the Project site. The majority of the Project site consists of vacant, undeveloped land that has been subject to a variety of anthropogenic disturbances associated with prior ground disturbance activities and discing. As such, the Project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere; therefore, no impact would occur.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts from the displacement of individuals or housing beyond those concluded in the Draft EIR. No impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR page 7-4.
4.15 PUBLIC SERVICES
Impact 4.12-1: Less than Significant Impact
The Project Applicant would be required to pay Development Impact Fees (DIFs) toward new fire facilities.
With payment of these fees, the Project would receive adequate fire protection service and would not result in adverse physical impacts associated with the provision of or need for new or physically altered fire protection facilities, and would not adversely affect service ratios, response times, or other performance objectives. Because no fire protection facilities exist on the Project site, development of the Project would not conflict with existing fire structures or require modification of fire protection facilities.
Compliance with applicable local and state regulations would ensure that Project implementation would result in a less than significant impact to fire protection services.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts to fire services beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Co nsequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.12-7 through 4.12-8.
Impact 4.12-2: Less than Significant Impact
The Project would be subject to the applicable DIFs. Funding for the operation and maintenance of existing services comes from the City’s General Fund, Measure DD funds, and development impact fees. The Project site would be adequately served by existing M enifee Police Department (MPD) facilities, equipment, and personnel such that new facilities would not be required. Because the Project site is not residential, although some calls for service are anticipated, the increase for police services would not be significantly impacted due to construction and operation of the Project warehouse. Additionally, Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 205
Menifee Mayor and City Council
February 21, 2024
Page
1498 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
21 development of the site would increase property tax revenues to provide a source of funding to offset any increases in demands for public services generated by the Project. Overall, impacts would be less than significant.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts to police services beyond those concluded in the Draft EIR. Less than significant impacts are anticipate d. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR page 4.12-9.
Impact 4.12-3: Less than Significant Impact
The Project would not draw a substantial number of new residents to the districts and therefore, would not indirectly generate school -aged students requiring public education. The Project does not include residential land uses and would not directly introduce new school -age children withi n the Romoland Unified School District (“RUSD”) boundaries. Furthermore, the Project is not expected to draw a substantial number of new residents to the surrounding area and would not, therefore, substantially increase enrollment at RUSD schools. Because the Project would not directly generate students and is not expected to indirectly draw a substantial number of students to the area, the Project would not cause or contribute to a need to construct new or physically altered public school facilities. Although the Project would not create a direct demand for public school services, RUSD currently requires school mitigation impact fees of $0.56 per square foot for commercial/industrial developments. RUSD uses these fees to pay for facility expansion and upgrades needed to serve new students. Additionally, DIFs from the Perris Union High School District (within Perris) could be applicable at $0.1848 per square foot. Payment of these fees in compliance with Government Code section 65996 fully addresses all impa cts to school facilities.
For the foregoing reasons and the reasons discussed in the EIR, the Project would not result in a significant impact relating to this issue, and no mitigation is required.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts to schools beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR page 4.12-10.
Impact 4.12-4: Less than Significant Impact
Project implementation would not result in substantial adverse physical impacts associated with the provision of new or physically altered park facilities, the need for new or physically altered park facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives. Because no park facilities exist on the Project site, the Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 206
Menifee Mayor and City Council
February 21, 2024
Page
1499 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
22 Project would not conflict with existing park structures or require modification of park facilities. Therefore, Project implementation would result in a less than significant impact to park facilities.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts to parks beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.12-10 through 4.12-11.
Impact 4.12-5: Less than Significant Impact
Project implementation would not result in substantial adverse p hysical impacts associated with the provision of new or physically altered other public facilities, need for new or physically altered other public facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives. Because no public facilities exist on the Project site, development of the Project would not conflict with existing public structures or require modification of public facilities. Therefore, Project implementation would result in a less than significant impact to other public facilities.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts to other public facilities beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR page 4.12-11.
4.16 RECREATION
Impact 7.5-1 and 7.5-2: No Impact
The Project is a non-sort warehouse building with office and mezzanine space that does not include any recreational facilities and the Project applicant does not propose any residential development or other land use that ma y generate a population that would increase the use of any existing neighborhood or regional parks or other recreational facilit ies. Implementation of the Project would not result in the increased use or substantial physical deterioration of an existing neighborhood or regional park.
Implementation of the Project would not have an adverse physical effect on the environment as it pertains to construction/expansion of recreational facilities. Therefore, no impact would occur.
Finding: The City adopts CEQA Finding 1.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 207
Menifee Mayor and City Council
February 21, 2024
Page
1500 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
23 The City hereby finds that the Project would not generate impacts due to the increased demand on established parks beyond those concluded in the Draft EIR. No impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 7-4 through 7-5.
4.17 TRANSPORTATION
Impact 4.13-1: Less than Significant Impact
The Project would include improvements to Ethanac Road, Dawson Road and Antelope Road that would provide access to the Project. The Project’s on-site perimeter circulation would be designed in compliance with the Menifee MC development standards. Furthermore, the Project would include improvements for Opening Year 2025 and Opening Year 2025 Cumulative Plus Project Conditions through a combination of fee payments to help establish programs, construction of specific improvements, payment of fair-share contribution toward future improvements, or a combination of these approaches.
Furthermore, the Project’s development could result in an increased demand of public transportation as employment opportunities increase. RTA, as the public transit agency for the area, would be responsible for routinely reviewing and adjusting their ridership schedules and service destinations to accommodate public demand. Thus, implementation of the Project would not conflict with local public transit services.
Overall, the Project would not conflict with a program plan, ordinance or policy addressing the Project’s circulation system. Accordingly, impacts would be less than significant.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not conflict with a program plan, ordina nce or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.13-12 through 4.13-20.
Impact 4.13-2: Less than Significant Impact
The Project’s Employment -Based VMT land use does not exceed the City’s VMT threshold under any project scenario, based on the City’s VMT guidelines . The VMT per service population for the Proj ect is less than the City's VMT threshold. This finding should remain consistent whether the entirety of the Project's VMT is co nsidered, or if only the VMT within the City is considered. This is because both the Project and the rest of the City, under which the threshold was developed, will have consistent travel patterns and so the relative VMT per service population between the project and the remainder of the City should remain consistent within the City. Therefore, it can be determined that under baseline conditions, the Project effect on VMT would be considered a less-than-significant impact on VMT within Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 208
Menifee Mayor and City Council
February 21, 2024
Page
1501 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
24 the City. Therefore, under baseline conditions, the Project’s effect on VMT would be less than significant impact on VMT within the City. In addition, the City’s VMT Guidelines state that the cumulative no project shall reflect SCAG’s adopted Connect SoCal. As such, if a project is consistent with the Connect SoCal, then the cumulative impacts would be considered less than significant. The proposed land use is consistent with the Menifee GP; therefore, the Project’s cumulative VMT impact is considered less than significant.
The City provides Industrial Good Neighbor Policies for new industrial project sites. Although the Project’s VMT impact is considered to be less than significant, the Project would comply with the Industrial Good Neighbor Policies which require Transportation Demand Management (TDM) measures for industrial uses with over 100 employees to reduce work-related vehicle trips. Overall, impacts concerning the Project’s VMT effects are less than significant.
Finding: The City adopts CEQA Finding 1.
The City he reby finds that the Project would not generate substantial impacts regarding conflicts with CEQA transportation guidelines beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.13-21 through 4.13-22.
Impact 4.13-3: Less than Significant Impact
The Project would not include the use of any incompatible vehicles or equipment on -site, such as farm equipment. All circulation improvements would be constructed as approved by the City’s Public Works Department. Additionally, the Project would be constructed in accordance with Menifee Municipal Code Section 9.160.050. All structures shall be located to provide safe and convenient access for servicing, fire protection and required off-street parking.” In addition, all Project driveway intersections operate at an acceptable LOS with implementation of the recommendations and would therefore not create unsafe traffic conditions at these intersections. Sight distance at Project access points would comply with applicable sight distance standards and no shar p curves are proposed as part of the Project design (Menifee Municipal Code Section 9.160.060). Therefore, a less than significant impact would occur, and no mitigation is required.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that t he Project would not generate substantial impacts from hazardous design features beyond those concluded in the Draft EIR. Less than significant impacts are anticipated.
Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR page 4.13-22.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 209
Menifee Mayor and City Council
February 21, 2024
Page
1502 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
25 Impact 4.17-4: Less than Significant Impact
The Project would not result in adequate emergency access. During construction, access roads will be kept and maintained in such condition to allow for safe passage of emergency response vehicles. The Project’s compliance with applicable City laws and regulations, along with its provision of access points, will ensure that the Project’s construction impacts relating to this issue will be less than significant. Emergency access lanes would be provided around the perimeter of both buildings. Following compliance with RCFD access requirements, adequate emergency access to the Project site would be provided. Project i mpacts concerning emergency access would be less than significant and no mitigation is required.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts from impaired emergency access beyond th ose concluded in the Draft EIR. Less than significant impacts are anticipated.
Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR page 4.13-23.
4.18 TRIBAL CULTURAL RESOURCES
Impact 4.14-1: Less than Significant Impact
The City of Menifee sent letters to those interested tribes that requested notification from projects occurring within the City pursuant to Assembly Bill (AB) 52. The following are the interested tribes:
• Agua Caliente Band of Cahuilla Indians;
• Pechanga Band of Indians;
• Rincon Band of Luiseno Indians; and
• Soboba Band of Luiseno Indians.
The Agua Caliente Band of Cahuilla Indians (ACBCI) responded on June 30, 2022, and noted that the Project area is not located within the boundaries of the ACBCI Reservation; however, it is within the Tribe’s Traditional Use Area. For this reason, the ACBCI Tribal Historic Preservation Office deferred to Soboba Band of Luiseño Indians. The Rincon Band of Luiseño Indians responded on July 12, 2022, and noted that the Rincon Band is traditionally and culturally affiliated with the Project area. No consultation was requested; however, working closely with the Pechanga Band of Indians is recom mended as they may have pertinent information. The Pechanga Band of Indians was consulted with on July 14, 2022, October 3, 2022, January 25, 2023, and April 13, 2023. Soboba Band of Luiseño Indians was consulted with on July 25, 2022, October 27, 2022, J anuary 26, 2023, and April 18, 2023. Additionally, tribal representatives from both Pechanga Band of Indians and Soboba Band of Luiseño Indian s accompanied BCR on a site walk in January 2023 and September 2023. Both tribes requested Standard Conditions of Approval (COAs) to be a part of the Project. Based on consultation with local tribes, Standard Conditions of Approval (COA) COA-CUL-1 through COA-CUL-7 (see Section 4.4: Cultural Resources) would ensure that any impacts to potential tribal cultural resources would be less than significant.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 210
Menifee Mayor and City Council
February 21, 2024
Page
1503 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
26 Additionally, if human remains are discovered during Project construction, the Project contractor would be subject to either the State law regarding the discovery and disturbance of human remains or the Tribal burial protocol. In either circumstance all destructive activity in the immediate vicinity shall halt and the County Coroner shall be contacted pursuant to State Health and Safety Code Section 7050.5. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will determine the Most Likely Descendant (MLD)and the City and Developer would work with the designated MLD to determine the final disposition of the remains.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts on tribal cultural resources beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.14-9 and 4.14-11.
4.19 UTILITIES AND SERVICE SYSTEMS
Impact 4.15-1: Less than Significant Impact
The Project site is currently substantially vacant with some existing adjacent unimproved roadways.
Adjacent and nearby uses, including residential and commercial developments, are served by existing utilities, including electricity, natural gas, and wet and dry utilities but they have not been extended into the Project site . Existing utilities would be extended and upgraded as needed during construction of Project to serve the anticipated demands and to accommodate operation of the warehouse. All required improvements and extensions to existing electrical, natural gas, or telecommunications utilities would occur within the existing roadway rights-of-way adjacent to the Project site, including Antelope Road and Dawson Road. All areas adjacent to the exist ing roadways are also disturbed and are within the overall footprint of the Project.
Based on land use information provided by the developer and the lead agency, the actual average water demand for the Project is estimated to be 27.09 AFY, which is well wi thin the limits of the estimated demand considered in the 2020 UWMP. Based on the Project water usage rate, the Project would represent a nominal percentage of EMWD’s present and future water supplies for both single - and multiple-dry-year scenarios. As such, the Project would have sufficient water supplies. Additionally, based on the incremental increase in demand that would result from implementation of the Project, impacts would be less than significant.
To prevent stormwater and drainage impacts, the P roject would include off -site improvements which include storm drain lines running from an existing channel heading north on Antelope Road toward Ethanac Road and a proposed storm drain line running from an existing channel heading north on Dawson Road toward Ethanac Road. Proposed wastewater facilities would be below ground, within existing or planned roadway rights-of-way, and as such are addressed in respective EIR section(s). Improvements to facilitate service to the Project site would consist of tie -ins to the existing wastewater lines. All areas Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 211
Menifee Mayor and City Council
February 21, 2024
Page
1504 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
27 needed for improvement would occur in previously disturbed or areas already proposed to be disturbed.
Impacts would be less than significant. In consideration of existing requirements and EIR mitigation measures, no significant impacts are anticipated with respect to Pro ject wastewater facilities. Although the Project would construct wastewater drainage facilities, a less than significant impact would occur.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts from the increased demand on public facilities beyond those concluded in the Draft EIR. Less than significant impacts are anticipated.
Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.15-13 through 4.15-17.
Impact 4.15-2: Less than Significant Impacts
The Project’s water service provider is anticipated to have adequate capacity to serve the projected demands. Additionally, a Water Supply Assessment (WSA) was prepared by EMWD for the Project to evaluate the existing and future demands on the water supply needed to be supplied from EMWD. The WSA determined that adequate water is available to serve the Project. The Project would result in less than significant impacts on services provided by the water service provider.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts to water supplies beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR page 4.15-17.
Impact 4.15-3: Less than Significant Impact
The Project’s wastewater service provider is anticipated to have adequate capacity to treat the projected demand. The Project is anticipated to cause a less than significant impact on services provided by the wastewater service provider.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts regarding wastewater treatment demand beyond those concluded in the Draft EIR. Less than significant impacts are anticipated.
Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR page 4.15-17.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 212
Menifee Mayor and City Council
February 21, 2024
Page
1505 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
28 Impact 4.15-4: Less than Significant Impact
The Project would be served by a landfill with sufficient remaining permitted capacity to accommodate the Project’s solid waste disposal needs. Therefore, the Project’s solid waste disposal needs could be accommodated at one or a combination of the disposal facilities discussed above. Operational activities would be subject to compliance with all applicable federal, state, and local statutes and regulations for solid waste, including those identified under CALGreen and Assembly Bill 939. The Project would result in less than significant impacts concerning solid waste, and no mitigation is required.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts regarding solid waste generation beyond those concluded in the Draft EIR. Less than significant impacts are anticipated.
Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.15-17 through 4.15-18.
Impact 4.15-5: Less than Significant Impact
The Project would be constructed in compliance with Government Code Section 5.408.1, the more stringent of the code sections which requires that projects recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with Government Code Sections 5.408.1.1, 5.408.1.2 or 5.408.1.3; or meet a local construction and demolition waste management ordinance, whichever is more stringent. As such a less than significant impact would occur.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts due to conflicts with established solid waste policies beyond those concluded in the Draft EIR. Less than significant impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Mitigation Measures: No mitigation is required.
Supportive Evidence: Please refer to Draft EIR pages 4.15-18 and 4.15-19.
4.20 WILDFIRE
Impact 7.6-1, 7.6-2, 7.6-3, 7.6-4: No Impact
According to CAL FIRE’s Fire and Resource Assessment Program, FHSZ Viewer, the Project site is not located in or near a State Responsibility Area (SRA). The Project site is located in a Local Responsibility Area (LRA). In addition, the Project site does not contain lands classified as a very high fire hazard severity zone (VHFHSZ). The closest VHFHSZ is located approximately 1.5 miles to the southeast of the Project site, south of McCall Boulevard and encompasses the Menifee mountains. Therefore, no impact associated with the substantial impairment of an adopted emergency response plan would occur. Because the site is located within an urbanized area, it would not expose people or structures to significant risks as a result of runoff, post-fire slope instability, or drainage changes. Additionally, the Project would not exacerbate Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 213
Menifee Mayor and City Council
February 21, 2024
Page
1506 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
29 wildfire risks or expose Project occupants to pollutant concentrations or the uncontrolled spread o f a wildfire, nor would it require the installation/maintenance of infrastructure that would exacerbate fire risk. No impact would occur.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate impacts to the following: established emergency response or evacuation plans beyond those concluded in the Draft EIR ; wildfire impacts beyond those concluded in the Draft EIR ; substantial impacts due to the installation of infrastructure beyond those concluded in the Draft EIR; substantial post-fire flooding or landslide impacts beyond those concluded in the Draft EIR. No impacts are anticipated. Consequently, no mitigation measures are required for this impact.
Supportive Evidence: Please refer to Draft EIR page 7-5.
5.0 FINDING S REGARDING POTENTIALLY SIGNIFICANT
ENVIRONMENTAL IMPACTS WHICH CAN BE MITIGATED TO A
LEVEL OF LESS THAN SIGNIFICANT
The City finds, based upon the threshold criteria for significance presented in the Draft EIR , that all potentially significant environmental effects of the Project can be avoided or reduced to insignificance with feasible mitigation measures identified in the Draft EIR. No substantial evidence has been submitted to or identified by the City that indicates that the following impacts would, in fact, occur at levels that would necessitate a determination of significance.
CEQA Guidelines, Section 15126(b), requires a description of any significant environmental effects that cannot be avoided if the proposed Project is implemented.
5.1 AESTHETICS
No impacts were concluded to be significant.
5.2 AGRICULTURE AND FORESTRY RESOURCES
No impacts were concluded to be significant.
5.3 AIR QUALITY
Impact 4.2-1: Less than Significant with Mitigation Applied The Project is located within the SCAB, which is under the jurisdiction of the SCAQMD. The SCAQMD is required, pursuant to the FCAA, to reduc e emissions of criteria pollutants for which the SCAB is in nonattainment. To reduce such emissions, the SCAQMD drafted the 2016 and 2022 AQMPs (AQMPs). The AQMPs establish a program of rules and regulations directed at reducing air pollutant emissions and achieving state (California) and national air quality standards. The AQMPs are a regional and multi-agency effort including the SCAQMD, the CARB, the SCAG, and the EPA. The pollutant control strategies in the Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 214
Menifee Mayor and City Council
February 21, 2024
Page
1507 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
30 AQMPs are based on the latest scientific and technical information and planning assumptions, including SCAG’s 2016 Connect SoCal, updated emission inventory methodologies for various source categories, and SCAG’s latest growth forecasts. SCAG’s latest growth forecasts were defined in consultation with local governments and with reference to local general plans. The Project is subject to the SCAQMD’s AQMPs.
To determine whether a project is consistent with the AQMPs, the SCAQMD’s CEQA Air Quality Handbook measures the Project against the following consistency criteria. • Consistency Criterion No. 1: The Project will not result in an increase in the frequency or severity of existing air quality violations, or cause or contribute to new violations, or delay the timely attainment of air quality standards or the interim emissions reductions specified in the AQMPs. • Consistency Criterion No. 2: The Project will not exceed the assumptions in the AQMPs, or increments based on the years of the Project build-out phase.
The Project would n ot exceed construction emission standards with implementation of MM AQ-1.
Furthermore, mitigated operational emissions would not exceed the operational standards with implementation of MM AQ -3. Thus, the Project is consistent with the first criterion. Concerning Consistency Criterion No. 2, the AQMPs contain air pollutant reduction strategies based on SCAG’s latest growth forecasts, and SCAG’s growth forecasts were defined in consultation with local governments and with reference to local general plans. The Project would not result in a change of land use designations reflected in the AQMPs and is therefore consistent with the AQMPs regional emissions inventory for the SCAB and the second criterion. It is also noted that future tenant(s) of the Project site would also be required to comply SCAQMD Rule 2305 (refer to South Coast Air Quality Management District under Section 4.3.3 Regulatory Setting) which would reduce NOX and particulate matter emissions more than what is currently assumed. The Project would not conflict with or obstruct implementation of the AQMPs or any applicable air quality plan. A less than significant impact would occur in this regard.
Finding: The City adopts CEQA Finding 1.
Pursuant to Public Resources Code Section 21081(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant effect on the environment to below a level of significance with MMs AQ-1 through AQ-4.
Mitigation Measures: Based upon the analysis presented in Section 4.2: Air Quality of the Draft EIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant.
MM AQ-1 The Project applicant shall be required to use paints, architectural coatings, and industrial maintenance coatings that have volatile organic compound levels of less than 10 g/L. All specifications, plans, and/or details necessary to verify compl iance shall be included in the Project's applicable construction drawings. Prior to issuance of a building permit, the City of Menifee Building and Safety Division shall confirm that plans include the following specifications:
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 215
Menifee Mayor and City Council
February 21, 2024
Page
1508 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
31 ▪ All architectural coatings will be super-compliant low VOC paints. ▪ Recycle leftover paint. Take any leftover paint to a household hazardous waste center; do not mix leftover water-based and oil-based paints. ▪ Keep lids closed on all paint containers when not in use to prevent VOC emissions and excessive odors.
▪ For water-based paints, clean up with water only. Whenever possible, do not rinse the cleanup water down the drain or pour it directly into the ground or the storm drain. Set aside the can of cleanup water and take it to the hazardous waste center (www.cleanup.org).
▪ Use compliant low-VOC cleaning solvents to clean paint application equipment. ▪ Keep all paint - and solvent -laden rags in se aled containers to prevent VOC emissions.
▪ Contractors shall construct/build with materials that do not require painting and use pre-painted construction materials to the extent practicable. ▪ Use high -pressure/low-volume paint applicators with a minimum transfer efficiency of at least 50 percent or other application techniques with equivalent or higher transfer efficiency.
MM AQ-2 The Project's contractors shall be prohibited from idling heavy equipment for more than three minutes and prohibited from being in the “on” position for more than 10 hours per day. The Project's general contractor shall designate an officer to monitor the construction equipment operators on-site for compliance.
MM AQ-3 All outdoor cargo handling equipment (such as yard trucks, hostlers, yard goats, pallet jacks, and forklifts) shall be zero emission (i.e., powered by electricity or other alternative fuels). The warehouse building shall include the necessary charging stations for cargo handling equipment. The building manager or their designee shall be responsible for enforcing these requirements.
MM AQ-4 Prior to the issuance of a tenant occupancy p ermit, the Community Development Department shall confirm that all truck access gates and loading docks within the project site shall have posted signage posted that states that:
▪ Truck drivers shall turn off engines when not in use. ▪ Truck drivers shall shut down the engine after three minutes of continuous idling operation (pursuant to City of Menifee’s Industrial Good Neighbor Policies). Once the vehicle is stopped, the transmission is set to “neutral” or “park,” and the parking brake is engaged.
▪ Telephone numbers of the building facilities manager, the SCAQMD, and CARB to report violations.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 216
Menifee Mayor and City Council
February 21, 2024
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32 ▪ Signs shall also inform truck drivers about the health effects of diesel particulates, the CARB diesel idling regulations, and the importance of being a good neighbor by not parking in residential areas.
▪ The Operator shall designate an officer to monitor trucks on-site for compliance. ▪ To the extent feasible, the Project shall restrict the turns trucks can make entering and exiting the facility to route trucks away from sensitive receptors by posting signs at every truck exit driveway providing directional information to head northbound to Ethanac Road (designated truck route).
▪ Signs and drive aisle p avement markings shall clearly identify the on -site circulation pattern to minimize unnecessary on-site vehicular travel. ▪ All signage installed as part of the Project shall be legible, durable, and weather- proof.
Supportive Evidence: Please refer to Draft EIR pages 4.2-18 through 4.2-19.
Impact 4.2-2: Less than Significant with Mitigation Applied Project unmitigated construction emissions would exceed the SCAQMD threshold for Reactive Organic Gasses (ROG) for Volatile Organic Compounds (VOC). The majority of ROG emissions are generated during the architectural coatings phase of construction. MM AQ-1 requires the Project to use low VOC paints.
With implementation of MM AQ -1, construction ROG emissions would be below the SCAQMD’s thresholds, and impacts would be less than significant. Project-generated emissions would be primarily associated with motor vehicle use and area sources, such as the use of landscape maintenance equipment and architectural coatings. Project emissions would exceed SCAQMD thresholds f or NOx. Therefore, regional operations emissions would result in a potentially significant long -term regional air quality impact.
Unmitigated operational emissions would exceed the SCAQMD thresholds for NO X. However, through implementation of various mitigation measures discussed below, the Project’s operational emissions would be reduced to a less than significant level.
Implementation of MM AQ-3 and MM AQ-4 would reduce the Project’s operational emissions by utilizing using all-electric cargo handling equipment and appropriate signage for on -site circulation and limiting idling emissions. Additional emissions reductions would result, through the implementati on of MMs GHG 1 through GHG-8 (refer to Section 4.7: Greenhouse Gas Emissions ) which includes the implementation of installation of solar photovoltaic (PV) panels, a TDM program, prohibiting cold storage, providing incentives for emissions reduction programs and implementation measures for tenants, EV infrastructure for employee parking, diversion of 75 percent of landfill waste, and providing electrical hookups for future electric trucks, and limiting natural gas consumption during Project operations to 10 million kBTU/year.
Finding: The City adopts CEQA Finding 1.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 217
Menifee Mayor and City Council
February 21, 2024
Page
1510 of 1711
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City of Menifee November 2023
33 Pursuant to Public Resources Code Section 21081(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant effect on the environment to below a level of significance with MMs AQ-1 through AQ-4 and MMs GHG-1 through GHG-8.
Mitigation Measures: Based upon the analysis presented in Section 4.2: Air Quality , of the Draft EIR, which is incorporated herein by reference, the following MMs AQ-1 through AQ-4 and MMs GHG-1 through GHG-8 are feasible and is made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant.
Supportive Evidence: Please refer to Draft EIR pages 4.2-19 through 4.2-26.
Impact 4.2-3: Less than Significant Impact with Mitigation Applied Construction emissions from the Project are below SCAQMD Localized Significance Thresholds ( LST).
Significant impacts would not occur concerning LSTs during construction. The maximum daily emissions of these pollutants for Project operations would not result in significant concentrations of pollutants at nearby sensitive receptors. The LSTs represent the maximum emissions from a project that are not expected to cause or co ntribute to an exceedance of the most stringent applicable state or federal ambient air quality standard. The Project would also require zero emission (i.e., powered by electricity or other alternative fuels)cargo handling equipment through implementation of MM AQ-3. Implementation of the proposed mitigation measures would reduce cancer risk to 4.35 in one million. Therefore, impacts associated with carcinogenic risk would be less than significant.
Finding: The City adopts CEQA Finding 1.
Pursuant to Public Resources Code Section 21081(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant effect on the enviro nment to below a level of significance with MM AQ-3.
Mitigation Measures: Based upon the analysis presented in Section 4.2: Air Quality , of the Draft EIR, which is incorporated herein by reference, the following MM AQ-3 is feasible and is made binding through the MMRP. Imposition of this mitigation measure will reduce potentially significant impacts to less than significant.
Supportive Evidence: Please refer to Draft EIR pages 4.3-26 through 4.3-35.
5.4 BIOLOGICAL RESOURCES
Impact 4.3-1: Less than Significant with Mitigation Applied No special -status plant species were observed on -site during the field survey. Based on habitat requirements for specific special-status plant species and the availability and quality of habitat needed by each species, i t was determined that the Project site does not provide suitable habitat for any of the special-status plant species or special-status wildlife in the vicinity of the Project site. To further avoid any Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 218
Menifee Mayor and City Council
February 21, 2024
Page
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Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
34 potential impacts to biological resources, implementation of MMs BIO-1 and BIO-2, a less than significant impact would occur.
Finding: The City adopts CEQA Finding 1.
Pursuant to Public Resources Code Section 21081(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant effect on the environment to below a level of significance with MMs BIO-1 and BIO-2.
Mitigation Measures: Based upon the analysis presented in Section 4.3: Biological Resources of the Draft EIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant.
MM BIO-1: If grading or construction activities, including vegetation removal, occurs between February 1 st and August 31 st, a pre -construction clearance survey for nesting birds shall be conducted within three (3) days of the start of any vegetation rem oval or ground disturbing activities to ensure that no nesting birds will be disturbed during construction. The results of the survey shall be submitted to the City prior to obtaining a grading permit. The Project Applicant shall ensure that impacts to nesting bird species at the project site are avoided through the implementation of preconstruction surveys, ongoing monitoring, and if necessary, establishment of minimization measures. The Project Applicant shall adhere to the following:
a) The Project Ap plicant shall designate a biologist (Designated Biologist) experienced in: identifying local and migratory bird species of special concern; conducting bird surveys using appropriate survey methodology; nesting surveying techniques, recognizing breeding and nesting behaviors, locating nests and breeding territories, and identifying nesting stages and nest success; determining/establishing appropriate avoidance and minimization measures; and monitoring the efficacy of implemented avoidance and minimization measures.
b) Surveys shall be conducted by the Designated Biologist at the appropriate time of day/night, during appropriate weather conditions, no more than 3 days prior to the initiation of project activities. Surveys shall encompass all suitable areas includ ing trees, shrubs, bare ground, burrows, cavities, and structures. Survey duration shall take into consideration the size of the project site; density, and complexity of the habitat; number of survey participants; survey techniques employed; and shall be s ufficient to ensure the data collected is complete and accurate. If a nest is suspected, but not confirmed, the Designated Biologist shall establish a disturbance-free buffer until additional surveys can be completed, or until the location can be inferred based on observations. If a nest is observed, but thought to be Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 219
Menifee Mayor and City Council
February 21, 2024
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Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
35 inactive, the Designated Biologist shall monitor the nest for one hour (four hours for raptors during the non-breeding season) prior to approaching the nest to determine status. The Designated Biologist shall use their best professional judgement regarding the monitoring period and whether approaching the nest is appropriate.
c) If an active avian nest is confirmed, the Designated Biologist shall immediately establish a conservative avoidance buffer surrounding the nest based on their best professional judgement and experience. The Designated Biologist shall monitor the nest at the onset of Project activities, and at the onset of any changes in such Project activities (e.g., incre ase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the Designated Biologist determines that such project activities may be causing an adverse reaction, the Designated Biologist shall adjust the buffer accordingly or implement alternative avoidance and minimization measures, such as redirecting or rescheduling construction or erecting sound barriers. All work within these buffers will be halted until the nesting effort is finished (i.e., the juven iles are surviving independent from the nest). The onsite qualified biologist will review and verify compliance with these nesting avoidance buffers and will verify the nesting effort has finished.
Work can resume within these avoidance areas when no other active nests are found. Upon completion of the survey and nesting bird monitoring, a report shall be prepared and submitted to County for mitigation monitoring compliance record keeping.
MM BIO-2: The Project Developer shall retain a qualified biologist to conduct a 30 -day preconstruction survey for burrowing owl. The results of the single one -day survey shall be submitted to the City prior to obtaining a grading permit. If at any time there is a lapse of Project activities for 30 days or more, another burrowing owl survey shall be conducted and submitted to the City.
If burrowing owl are not detected during the pre -construction survey, no further mitigation is required. If active burrowing owl burrows are detected during the breeding season, the on -site biologist will review and establish a conservative avoidance buffer surrounding the nest based on their best professional judgment and experience and verify compliance with this buffer and will verify the nesting effort has finished. Work can resume when no other active burrowing owl nesting efforts are observed. If active burrowing owl burrows are detected outside the breeding season, then passive and/or active relocation pursuant to a Burrowing Owl Plan that shall be prepared by the Applicant and approve d by the City in consultation with CDFW, or the Project Developer shall stop construction activities within the buffer zone established around the active nest and shall not resume construction activities until the nest is no longer active. The Burrowing Ow l Plan shall be prepared in Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 220
Menifee Mayor and City Council
February 21, 2024
Page
1513 of 1711
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Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
36 accordance with guidelines in the MSHCP. Burrowing owl burrows shall be excavated with hand tools by a qualified biologist when determined to be unoccupied and backfilled to ensure that animals do not reenter the holes/dens.
Supportive Evidence: Please refer to Draft EIR pages 4.4-18 through 4.3-23.
Impact 4.3-6: Less than Significant Impact with Mitigation Applied The Project site is located in the City of Menifee within the Sun City/Menifee Valley Area Plan of the MSHCP. No jurisdictional drainages, riparian/riverine and/or wetland features were observed within the Project site or off -site improvement areas during the field investigation. Development of the Project would not result in impacts to riparian/riverine habitats and a DBESP would not be required for the loss of riparian/riverine habitat from development of the Project . Additionally, the Project site does n ot provide suitable habitat for any of the Narrow Endemic Plant Species. Project site and off -site improvement areas are not located within or in close proximity of any Criteria Cells or designated conservation areas. Therefore, the Project would not need to comply with the Urban/Wildlands Interface Guidelines. The Project site and off-site improvement areas are located within the Mitigation Fee Area of the SKR HCP but is not located within or adjacent to any of the Core Reserve Areas. Since the Project site and off-site improvement areas are not located within or adjacent to any of the Core Reserve Areas, no focused SKR surveys or on-site mitigation would be required. On-site mitigation is only recommended in Ordinance 663.10 when a site is located within o r adjacent to a Core Reserve Area. As a result, the applicant would only be required to pay the SKR HCP Mitigation Fee prior to development of the Project site. With completion of recommendations provided above and payment of the applicable MSHCP Local Development Mitigation Fee ($19,066/acre)1 for industrial developments and SKR HCP Mitigation fees , and implementation of MM BIO-1 and BIO-2, development of the Project site would be fully consistent with the MSHCP.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts due to conflicts with established conservation plans beyond those concluded in the Draft EIR. Less than significant impacts are anticipated with implementation of MM BIO-1 and BIO-2.
Mitigation Measures: Based upon the analysis presented in Section 4.3: Biological Resources, of the Draft EIR, which is incorporated herein by reference, the following MMs BIO-1 and BIO-2 are feasible and is made bind ing through the MMRP. Imposition of th ese mitigation measure s will reduce potentially significant impacts to less than significant.
Supportive Evidence: Please refer to Draft EIR pages 4.3-25 through 4.3-27.
1 Regional Conservation Authority. 2022. MSHCP Mitigation Fee Implementation Manual 2022 Update . Available at https://www.wrc- rca.org/development -applications/permits-and-fees/. Accessed August 15, 2022.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 221
Menifee Mayor and City Council
February 21, 2024
Page
1514 of 1711
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Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
37 5.5 CULTURAL RESOURCES
Impact 4.4-1: Less than Significant Impact with Mitigation Applied According to the cultural resources investigation, the Project site has been subject to mechanical clearing and discing for current and previous industrial and agricultural uses. The Project site contains an activ e scaffold business with several shade structures and storage containers; however this complex is not 45 years of age or more, and therefore is not historic and as such does not warrant further consideration. No other historic age resources were observed within the Project boundaries.
Additionally, the Project site was subject to severe disturbances associated with mechanical clearing, discing, dumping for development and maintenance of the modern scaffold business, as well as agricultural uses and off-road vehicle activities. These factors indicate the Project site would have low sensitivity for significant buried resources within the site boundaries. However, ground disturbing activities could potentially reveal buried deposits. Therefore, MM CUL -1 would b e implemented.
Compliance with MM CUL-1 would ensure the Project would not cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines Section 15064.5.
Finding: The City adopts CEQA Finding 1.
The City hereb y finds that the Project would not generate substantial impacts due to conflicts with established conservation plans beyond those concluded in the Draft EIR. Less than significant impacts are anticipated with implementation of MM CUL-1.
Mitigation Measures: Based upon the analysis presented in Section 4.4: Cultural Resources of the Draft EIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measur es will reduce potentially significant impacts to less than significant.
MM CUL-1 Prior to the initiation of ground-disturbing activities, field personnel would be alerted to the possibility of buried prehistoric or historic cultural deposits. In the event that field personnel encounter buried cultural materials, work in the immediate vicinity of the find would cease and a qualified archaeologist would be retained to assess the significance of the find. The qualified archaeologist would have the authority to stop (within a certain radius of the find, as determined by the archaeologist) or divert construction excavation as necessary. If the qualified archaeologist finds that any cultural resources present meet eligibility requirements for listing on the Calif ornia Register of Historical Resources or the National Register of Historic Places, plans for the treatment, evaluation, and mitigation of impacts to the find will need to be developed. Prehistoric or historic cultural materials that may be encountered during ground-disturbing activities include:
▪ prehistoric flaked-stone artifacts and debitage (waste material), consisting of obsidian, basalt, and or cryptocrystalline silicates;
▪ groundstone artifacts, including mortars, pestles, and grinding slabs; Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 222
Menifee Mayor and City Council
February 21, 2024
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Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
38 ▪ dark, greasy soil that may be associated with charcoal, ash, bone, shell, flaked stone, groundstone, and fire affected rocks;
▪ human remains;
▪ historic-period artifacts such as glass bottles and fragments, cans, nails, ceramic and pottery fragments, and other metal objects;
▪ historic-period structural or building foundations, walkways, cisterns, pipes, privies, and other structural elements.
Supportive Evidence: Please refer to Draft EIR pages 4.4-14 through 4.4-15.
No impacts were concluded to be significant.
Impact 4.4-2: Less than Significant Impact with Mitigation Applied Four prehistoric and three prehistoric/historic archaeological sites have been recorded within a one half- mile radius of the Project site. Although there are prehistoric archaeological sites surrounding the Project site, the Project would comply with the City’s Standard Conditions of Approval COA-CUL-1 through COA- CUL-7 to avoid any inadvertent discovery of archaeological resources. Furthermore, the Project would adhere to MM CUL -1 to further reduce impacts. Additionally, a record search of the NAHC SLF was completed for the area of potential effect “the Project site ,” and the search returned negative results.
Therefore, the Project’s potential impacts concerning the significance of an archaeological resource would be less than significant with mitigation and conditional of approval incorporated.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that the Project would not generate substantial impacts due to conflicts with established conservation plans beyond those concluded in the Draft EIR. Less than significant impacts are anticipated with implementation of MM CUL-1.
Mitigation Measures: Based upon the analysis presented in Section 4.4: Cultural Resources, of the Draft EIR, which is incorporated herein by reference, MM CUL-1 is feasible and is made binding through the MMRP. Imposition of this mitigation measure will reduce potentially significant impacts to less than significant.
Supportive Evidence: Please refer to Draft EIR page 4.4-15.
No impacts were concluded to be significant.
5.6 ENERGY
No impacts were concluded to be significant.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 223
Menifee Mayor and City Council
February 21, 2024
Page
1516 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
39 5.7 GEOLOGY AND SOILS
Impact 4.6-5: Less than Significant Impact with Mitigation Applied The construction of the Project would involve excavation activities (initial site stripping including the removal of any surficial vegetation from the unpaved areas of the Project site) that would affect surface and near-surface soils. With implementation of MM GEO-1, over-excavation areas shall extend at least five (5) feet beyond the building and foundation perimeters, and to an extent equal to the depth of fill placed below the foundation bearing grade, whichever is greater. The native soils that would remain in place below the recommended depth of over -excavation would not be subject to significant stress increases from the foundations of the new structure, therefore after grading completion, post - construction settlements would be within tolerable limits. In addition to the excavation and removal of the fill material, the development of the Project would require grading preparation, excavation, trenching and paving activities that could result in soil erosion if exposed to periods of high wind or storm-related events. Dust control measures such as watering would be utilized to control the potential for erosion to occur. Construction contractors would also be required to implement a dust control plan in compliance with South Coast Air Quality Management District Rule 403 to reduce wind erosion (further information about dust control can be found in Section 4.2: Air Quality of this Draft EIR). Depending on the final grading plan for the Project, a structural setback may be required to prevent excessive differential settlement induced by new fill loading that would cause structure damage to planned structures.
MM GEO-1 would require the Applicant to comply with the recommendations of a Final Geotechnical Evaluation and the most current CBC adopted by the City as its build ing code. With implementation of MM GEO-1 potential project impacts related to potential for substantial soil erosion or the loss of topsoil would be less than significant. Per MM GEO-1, excavation, filling, and subgrade preparation would be performed in a manner and sequence that would provide drainage at all times and proper control of erosion. Operation of the Project would not involve procedures which would result in substantial soil erosion. Following construction of the Project, the Project site woul d be covered with hardscape which would not contribute to erosion, and it would contain landscaping, but these areas would include ground covers to reduce erosion or and loss of on-site soils post-construction. This would ensure that operation of the Project site would not result in the loss of topsoil or sedimentation into local drainage facilities and water bodies; refer to Section 4.9: Hydrology and Water Quality. In addition, a network of storm drains and gutters would be installed and maintained as nec essary throughout the developed site. Therefore, the potential for substantial soil erosion or the loss of topsoil is considered less than significant with mitigation incorporated.
Finding: The City adopts CEQA Finding 1.
Pursuant to Public Resources Code Section 21081(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant effect on the environment to below a level of significance.
Mitigation Measures: Based upon the analysis presented in Section 4.6: Geology and Soils of the Draft EIR, which is incorporated herein by reference, the following Mitigation Measure is feasible and is made Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 224
Menifee Mayor and City Council
February 21, 2024
Page
1517 of 1711
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Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
40 binding through the MMRP. Imposition of this mitigation measure will reduce potentially significant impacts to less than significant.
MM GEO-1 Incorporation of and compliance with the recommendations in the Project geotechnical Investigation. All grading, construction and op erations shall be conducted in conformance with the recommendations included in the Geotechnical Investigation for the Project site prepared by Southern California Geotechnical Inc., specifically the Geotechnical Investigation of Proposed Warehouse East Si de of Dawson Road, 330± Feet South of Ethanac Road Menifee, California for Core5 Industrial Partners, dated June 17, 2021. Specific recommendations in the geotechnical investigation address the following and shall be incorporated into the final Project plans and construction-level geotechnical report:
1. Removal of undocumented fill soils in their entirety and any soils disturbed during site stripping and demolition operations (remedial grading) and replace these materials as compacted structural fill soils.
2. Proper moisture conditioning of all building pad subgrade soils to a moisture content of 2 to 4 percent above the ASTM D-1557 optimum during site grading.
In addition to adequately moisture conditioning the subgrade soils and fill soils during grading, spe cial care shall be taken to maintaining moisture content of these soils at 2 to 4 percent above the optimum moisture content. This will require the contractor to frequently moisture condition these soils throughout the grading process, unless grading occur s during a period of relatively wet weather, as determined by the City Engineer.
3. Additional soluble sulfate testing shall be conducted by a qualified geologist at the completion of rough grading and prior to issuance of a building permit to verify the solu ble sulfate concentrations of the soils which are present at pad grade within the building area. If soluble sulfate concentrations above 0.10 percent are present, specialized concrete mix designs shall be required to reduce degradation of concrete which co mes into contact with these soils. A qualified geologist will determine the specialized concrete mix for construction, if needed, upon results of lab testing of soluble sulfate soils.
4. Due to the presence of corrosive soils on -site for iron and copper pipin g, polyethylene protection for cast iron or ductile iron pipes shall be required.
5. Demolition of the existing CAB pavements and canopy in the northern region of the site is required. Additionally, any existing improvements that will not remain in place for use with the new development shall be removed in their entirety. This shall include all utilities, and any other subsurface improvements associated with the existing pavements. Debris resultant from demolition shall be disposed of off- site. Alternatively, the existing CAB may be re -used as compacted fill, provided they are cleaned from any debris or organic content, and well mixed with sandy soils. Mixing CAB with clayey soils is not recommended.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 225
Menifee Mayor and City Council
February 21, 2024
Page
1518 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
41 Initial site stripping shall include removal of any surficial vegetation from the unpaved areas of the site. This shall include any weeds, grasses, shrubs, and trees.
Root systems associated with the trees shall be removed in their entirety, and the resultant excavations shall be backfilled with compacted structural fill soils. Any organic materials shall be removed and disposed of off-site, or in non-structural areas of the property. The actual extent of site stripping shall be determined in the field by the geotechnical engineer, based on the organic content and stability of the materials encountered.
6. Remedial grading shall be performed within the proposed building area in order to remove the existing undocumented fill soils, any soils disturbed during demolition, and a portion of the near -surface native al luvium. Based on conditions encountered at the boring locations, the existing soils within the proposed building area are recommended to be over-excavated to a depth of at least 3 feet below existing grades and to a depth of at least 3 feet below proposed building pad subgrade elevations, whichever is greater. The depth of the over - excavation shall also extend to a depth sufficient to remove all undocumented fill soils and soils disturbed during site striping and demolition. Within the influence zones of the new foundations, the over-excavation shall extend to a depth of at least 2 feet below proposed foundation bearing grade.
The over-excavation areas shall extend at least 5 feet beyond the building and foundation perimeters, and to an extent equal to the d epth of fill placed below the foundation bearing grade, whichever is greater. If the proposed structure incorporates any exterior columns (such as for a canopy or overhang) the area of over-excavation shall also encompass these areas.
Following completion of the over -excavation, the subgrade soils within the building area shall be evaluated by the geotechnical engineer to verify their suitability to serve as the structural fill subgrade, as well as to support the foundation loads of the new structure. This evaluation shall include proof-rolling and probing to identify any soft, loose, or otherwise unstable soils that must be removed. Some localized areas of deeper excavation may be required if additional fill materials or loose, porous, or low -density native soils are encountered at the base of the over-excavation.
After a suitable over-excavation subgrade has been achieved, the exposed soils shall be scarified to a depth of at least 12 inches and moisture conditioned to achieve a moisture content of 2 to 4 percent above optimum moisture content.
The subgrade soils shall then be recompacted to at least 90 percent of the ASTM D-1557 maximum dry density. The building pad area may then be raised to grade with previously excavated soils or imported structural fill.
7. The existing soils within the areas of any proposed retaining walls and site walls shall be over-excavated to a depth of 2 feet below foundation bearing grade and Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 226
Menifee Mayor and City Council
February 21, 2024
Page
1519 of 1711
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Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
42 replaced as compacted structural fill as discussed above for the proposed building pad. Any undocumented fill soils or disturbed native alluvium within any of these foundation areas shall be removed in their entirety. The over -excavation areas shall extend at least 2 feet beyond the foundation perimeters, and to an extent equal to the depth of fill below the new foundations. Any erection pads for tilt- up concrete walls are considered to be part of the foundation system. Therefore, these over-excavation recommendations are applicable to erection pads. The over-excavation subgrade soils shall be ev aluated by the geotechnical engineer prior to scarifying, moisture conditioning to within 2 to 4 percent above the optimum moisture content, and recompacting the upper 12 inches of exposed subgrade soils. The previously excavated soils may then be replaced as compacted structural fill.
If the full lateral recommended remedial grading cannot be completed for the proposed retaining walls and site walls located along property lines, the foundations for those walls shall be designed using a reduced allowable bearing pressure. Furthermore, the contractor shall take necessary precautions to protect the adjacent improvements during rough grading. Specialized grading techniques, such as A-B-C slot cuts, will likely be required during remedial grading.
The geotechnic al engineer of record shall be contacted if additional recommendations, such as shoring design recommendations, are required during grading.
8. Subgrade preparation in the new flatwork, parking and drive areas shall initially consist of removal of all soils d isturbed during stripping and demolition operations.
The geotechnical engineer shall then evaluate the subgrade to identify any areas of additional unsuitable soils. Any such materials shall be removed to a level of firm and unyielding soil. The exposed su bgrade soils shall then be scarified to a depth of 12± inches, moisture conditioned to 2 to 4 percent above the optimum moisture content, and recompacted to at least 90 percent of the ASTM D -1557 maximum dry density. Based on the presence of variable stren gth surficial soils throughout the site, it is expected that some isolated areas of additional over - excavation may be required to remove zones of lower strength, unsuitable soils.
The grading recommendations presented above for the proposed flatwork, parking and drive areas assume that the owner and/or developer can tolerate minor amounts of settlement within these areas. The grading recommendations presented above do not mitigate the extent of undocumented fill or compressible/collapsible native alluvium in the flatwork, parking, and drive areas.
As such, some settlement and associated pavement distress could occur. If the owner cannot tolerate the risk of such settlements, the flatwork, parking, and drive areas shall be over -excavated to a depth of 2 feet below proposed Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 227
Menifee Mayor and City Council
February 21, 2024
Page
1520 of 1711
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Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
43 pavement subgrade elevation, with the resulting soils replaced as compacted structural fill.
9. Fill soils shall be placed in thin (6± inches), near -horizontal lifts, moisture conditioned (or air dried) to 2 to 4 percent above the optimum moisture content, and compacted.
a. On-site soils may be used for fill provided they are cleaned of any debris to the satisfaction of the geotechnical engineer.
b. All grading and fill placement activities shall be completed in accordance with the requirements of the latest CBC and the grading code of the City of Menifee.
c. All fill soils shall be compacted to at least 90 percent of the ASTM D -1557 maximum dry density. Fill soils shall be well mixed.
d. Compaction tests shall be performed periodically by the geotechnical engineer as random verification of compaction and moisture content. These tests are intended to aid the contractor. Since the tests are taken at discrete locations and depths, they may not be indicative of the entire fill and therefore shall not relieve the contractor of his responsibility to meet the job specifications.
10. All imported structural fill shall consist of very low expansive (EI < 20), well graded soils possessing at least 10 percent fines (that portion of the sample passing the No. 200 sieve).
11. All utility trench backfill shall be compacted to at least 90 percent of the ASTM D- 1557 maximum dry density. As an alternative, a clean sand (minimum Sand Equivalent of 30) may be placed within trenches and compacted in place (jetting or flooding is not recommended). Compacted trench backfill shall conform to the requirements of the local grading code, and more restrictive requirements may be indicated by the City of Menifee. All utility trench backfills shall be witnessed by the geotechnical engineer. The trench backfill soils shall be compaction tested where possible; probed and visually evaluated elsewhere.
12. Utility trenches which parallel a footing, and extending below a 1h:1v (horizontal to vertical) plane projected from the outside edge of the footing sh all be backfilled with structural fill soils, compacted to at least 90 percent of the ASTM D-1557 standard. Pea gravel backfill should not be used for these trenches.
13. Any soils used to backfill voids around subsurface utility structures, such as manholes or vaults, shall be placed as compacted structural fill. If it is not practical to place compacted fill in these areas, then such void spaces may be backfilled with lean concrete slurry.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 228
Menifee Mayor and City Council
February 21, 2024
Page
1521 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
44 Additional site testing and final design evaluation shall be conducted by the Project geotechnical consultant to refine and enhance these requirements. The Project Applicant/Developer shall require the Project geotechnical consultant to assess whether the requirements in that report need to be modified or refined to address any changes in the Project features that occur prior to the start of grading. If the Project geotechnical consultant identifies modifications or refinements to the requirements, the Project Applicant/Developer shall require appropriate changes to the final Project design and specifications. Design, grading, and construction shall be performed in accordance with the requirements of the City of Menifee Municipal Code and the California Building Code applicable at the time of grading, appropriate local grading regulations, and the requirements of the Project geotechnical consultant as summarized in a final written report, subject for review by the City of Menifee City Engineer, or designee, prior to commencement of grading activities.
Grading plan review shall also be conducted by the City of Menifee City Engineer or designee prior to the start of grading to verify that the requirements developed during the geotechnical design evaluation have been appropriately incorporated into the Project plans. Design, grading, and construction shall be conducted in accordance with the specifications of the Project Geotechnical Consultant as summarized in a final report based on the California Building Code applicable at the time of grading and building, and the C ity of Menifee’s Municipal Code. On -site inspection during grading shall be conducted by the Project geotechnical consultant and the City of Menifee City Engineer, or designee, to ensure compliance with geotechnical specifications as incorporated into project plans. Prior to final of grading permits, the Project geotechnical engineer shall submit a Final Testing and Observation Geotechnical Report for Rough Grading to the City of Menifee City Engineer, or designee.
Supportive Evidence: Please refer to Draft EIR pages 4.6-12 through 4.6-18.
Impact 4.6-6: Less than Significant Impact with Mitigation Applied Liquefaction and landslides are not considered to be a design concern for the Project, and SCG determined the potential for lateral spreading and subsidence would be considered low as discussed below. The near- surface soils at this site generally consist of silty sands, sandy sits, and clayey sands with occasional sandy clays. The major cause of ground subsidence is the excessive withdrawal of groundwa ter. Based on the conditions encountered in the borings and trenches conducted for the geotechnical report, groundwater was not encountered. Therefore, based on anticipated groundwater depths, groundwater would not affect excavations for the foundations and utilities. However, minor subsidence would occur in the soils below the zone of soil removal, due to settlement and machinery working. The subsidence is estimated to be 0.10 feet. As described above, MM GEO -1 ensures compliance with the geotechnical repo rt recommendations to support the proposed structures and offset impacts from subsidence of 0.10 feet such as scarification and air drying of over-excavated materials to obtain a stable subgrade. Compliance Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 229
Menifee Mayor and City Council
February 21, 2024
Page
1522 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
45 with MM GEO-1 ensures impacts from potential subsidence of 0.10 feet would be reduced to a less than significant level.
Finding: The City adopts CEQA Finding 1.
Pursuant to Public Resources Code Section 21081(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant effect on the environment to below a level of significance.
Mitigation Measures: MM GEO-1
Supportive Evidence: Please refer to Draft EIR pages 4.6-18 through 4.6-19.
Impact 4.6-7: Less than Significant Impact with Mitigation Applied Based on the presence of expansive soils at this site, the geotechnical study recommends that care should be given to proper moisture conditioning of all building pad subgrade soils to a moisture content of two to four percent above the Modified Proctor optimum during site grading. All imported fill soils should have low expansive characteristics. In addition to adequate moisture conditioning the subgrade soils and fill soils during grading, special care must be taken to maintain the moisture content of these soils at two to four percent above the Modified Proctor optimum. Due to the existing expansive soils potential, MM GEO-1 would be implemented to frequently moisture condition these soils throughout the grading process unless grading occurs during a period of relatively wet weather, and a less than significant impact would occur.
Finding: The City adopts CEQA Finding 1.
Pursuant to Public Resources Code Section 21081(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant effect on the environment to below a level of significance.
Mitigation Measures: Based upon the analysis presented in Section 4.6: Geology and Soils of the Draft EIR, which is incorporated herein by reference, MM GEO-1 is feasible and is made binding through the MMRP. Imposition of t his mitigation measure will reduce potentially signif icant impacts to less than significant.
Supportive Evidence: Please refer to Draft EIR pages 4.6-19 through 4.6-20.
Impact 4.6-9: Less than Significant Impact with Mitigation Applied A paleontological overview was completed for the Project site. The geologic units underlying the Project area are mapped primarily alluvial fan deposits from the late to middle Pleistocene epoch. These alluvial units are considered highly paleontologically sensitive. Any fossil specimens recovered from the Project would be scientifically significant. Excavation activity associated with the development of the Project area would impact the paleontologically sensitive Pleistocene units, and it is the recommendation of the Western Science Center that a paleontological resource mitigation program be put in place to monitor, salvage, and curate any recovered fossils from the Project area.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 230
Menifee Mayor and City Council
February 21, 2024
Page
1523 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
46 The geologic units underlying the Project area are mapped entirely as old alluvial fan deposits, such as silt, sand, and gravel, dating to the late to middle Pleistocene, which is considered to be of high paleontological sensitivity. Based on these results, MM GEO-2 will be implemented. With implementation of MM GEO-2, impacts would be reduced to less than significant.
Finding: The City adopts CEQA Finding 1.
Pursuant to Public Resources Code Section 21081(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant effect on the environment to below a level of significance.
Mitigation Measures: Based upon the analysis presented in Section 4.6: Geology and Soils of the Draft EIR, which is incorporated herein by reference, the following Mitigation Measure is feasible and is made binding through the MMRP. Imposition of this mitigation measure will reduce potentially significant impacts to less than significant.
MM GEO-2 Prior to issuance of grading permits, the Applicant/Developer will retain a qualified paleontologist to create and implement a Paleontological Resource Mitigation Program (PRIMP). The project paleontologist would review the grading plan and conduct any pre-construction work necessary to render appropriate monitoring and mitigation requirements, to be documented in the PRIMP. The PRIMP would be submitted to the City for review and approval prior to issuance of a grading permit.
Information contained in the PRIMP shall minimally include:
1. Description of the project site and proposed grading operations.
2. Description of the level of monitoring required for earth-moving activities.
3. Identification and qualifications of the paleontological monitor to be employ ed during earth moving.
4. Identification of personnel with authority to temporarily halt or divert grading to allow recovery of large specimens.
5. Direction for fossil discoveries to be reported to the developer and the City.
6. Means and methods to be employed b y the paleontological monitor to quickly salvage fossils to minimize construction delays.
7. Sampling methods for sediments that are likely to contain small fossil remains, if any.
8. Procedures and protocol for collecting and processing of samples and specimens, as necessary.
9. Fossil identification cataloged and curated into the permanent collections of a scientific institution.
10. Identification of the repository to receive fossil material.
11. All pertinent maps and exhibits.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 231
Menifee Mayor and City Council
February 21, 2024
Page
1524 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
47 12. Procedures for reporting of findings.
13. Acknowledgment of the developer for content of the PRIMP and acceptance of financial responsibility for monitoring, reporting, and curation.
Supportive Evidence: Please refer to Draft EIR pages 4.6-20 through 4.6-21.
5.8 GREENHOUSE GAS EMISSIONS
Significant and unavoidable greenhouse gas impacts. Refer to Section 4.7: Greenhouse Gas Emissions and the Mitigation Monitoring and Reporting Program.
5.9 HAZARDS AND HAZARDOUS MATERIALS
Impact 4.8-1: Less than Significant Impact with Mitigation Applied Project construction would involve the use, storage, transport, and disposal of hazardous materials and would therefore be required to conform to existing laws and regulations. Compliance with applicable laws and regulations concerning hazardous materials would ensure that all potentially hazardous materials are used and handled in an appropriate manner and would minimize the potential for safety impacts.
Therefore, hazards to the public or the environment arising from the routine transport, use, or disposal of hazardous materials during Project construction would be less than significant. The Project site parcels were historically used for agricultural purposes. There is a potential that agricultural related chemicals such as pesticides, herbicides and fertilizers, may have been used and stored on-site. It is expected that during grading and redevelopment activities shallow soils containing any residual agricultural chemicals will be either removed or mixed with fill materials and further may be placed beneath st ructural fill materials that will reduce the potential for direct exposure to residual agricultural chemicals (if any).
Furthermore, residual agricultural chemicals (if any) would have likely degraded since the site was last utilized for agricultural purpo ses. Based on these reasons, the possible former use of agricultural chemicals is not expected to represent a significant environmental concern. Additionally, implementation of MM HAZ -1 would ensure proper handling of contaminated soils and substances which may be encountered. Additionally, the Project would also be operated with strict adherence to all emergency response plan requirements set forth by the Riverside County Fire Protectio n District. Compliance with applicable laws and regulations concerning hazardous materials would ensure that all potentially hazardous materials are used and handled in an appropriate manner and would minimize the potential for significant hazards to the p ublic or the environment. While the operation of the Project site is not anticipated to generate significant impacts, mitigation proposed for the Project’s construction phase would be necessary to reduce potential impacts to less than significant levels. Therefore, hazards to the public or the environment arising from the routine transport, use, or disposal of hazardous materials during Project construction and operations would be less than significant with mitigation incorporated.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant effect on the environment to below a level of significance pertaining to the routine transport, use, or disposal of hazardous materials.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 232
Menifee Mayor and City Council
February 21, 2024
Page
1525 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
48 Mitigation Measures : Based upon the analysis presented in Section 4. 8: Hazards and Hazardous Materials, of the Draft EIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant.
MM HAZ-1 Soil Management Plan (SMP). Prior to issuance of a grading perm it or trenching or subsurface excavation for utilities or roadway infrastructure, the Master Developer, or Site Developer shall retain a qualified environmental professional to prepare a SMP that details procedures and protocols for on -site management of s oils containing potentially hazardous materials. The purpose of the SMP is to outline protocol for ensuring the proper handling and/or disposal of impacted soil and/or subsurface features of concern that may be encountered during site development. The SMP shall be submitted to the City’s Building and Safety Division for review and approval prior to commencement of trenching or subsurface excavation for utilities or roadway infrastructure.
The SMP shall include, but not be limited to:
▪ Land use history, including description and locations of known contamination; ▪ The nature and extent of previous investigations and remediation at the site; ▪ Identified areas of concern at the site, in relation to proposed activities; ▪ A listing and description of i nstitutional controls, such as applicable City ordinances and other local, state, and federal regulations and laws that would apply to the project;
▪ Names and positions of individuals involved with soils management and their specific role;
▪ An earthwork schedule;
▪ Requirements for site-specific Health and Safety Plans (HSPs) to be prepared by all contractors at the project site. The HSP should be prepared by a Certified Industrial Hygienist and would protect on-site workers by including engineering controls, personal protective equipment, monitoring, and security to prevent unauthorized entry and to reduce construction related hazards. The HSP should address the possibility of encountering subsurface hazards including hazardous waste contamination and include procedures to protect workers and the public; ▪ Hazardous waste determination and disposal procedures for known and previously unidentified contamination, including those associated with any soil export activities, if applicable;
▪ Requirements for site sp ecific techniques at the site to minimize dust, manage stockpiles, run on and run-off controls, waste disposal procedures, etc.; and ▪ Copies of relevant permits or closures from regulatory agencies.
Supportive Evidence: Please refer to Draft EIR pages 4.8-23 through 4.8-26.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 233
Menifee Mayor and City Council
February 21, 2024
Page
1526 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
49 Impact 4.8-2: Less than Significant Impact with Mitigation Applied The construction of new developments such as the Project site could result in hazards to the public or the environment through the accidental upset or release of hazardous materials caused by accidental spillage of hazardous materials used during construction phases, or as a result of the exposure of contaminated soil during grading activities. Database searches did not reveal any L eaking Underground Storage Tanks (LUSTs), Underground Storage Tanks (USTs) or Above-ground Storage Tanks (ASTs) located on the Project site. However, there are two LUST sites 0.5-mile from the Project area at 27856 Highway 74, Romoland, CA 92380 and 27411 Ethanac Road, Romoland, CA 92580. The Phase I ESA did not identify the LUST sites as a recognized environmental condition (REC) and no RECs , controlled recognized environmental conditions (CRECs), or historical recognized environmental conditions (HRECs), were identified on -site.
Furthermore, the Project site itself is not on the Cortese list. During the Phase I ESA site reconnaissance, no evidence for high potential for environmental c oncerns was observed. Despite the limited potential for the exposure of the public and environment to hazardous materials, with MM HAZ-1 and compliance with all applicable federal, state, and regional regulations, the impact would be reduced to less than significant levels with mitigation incorporated. Prior to Project approval, a HMBP also would be required for approval to show conformance with all applicable materials handling protocols. Adherence to these regulations is overseen and enforced by the River side County Department of Environmental Health Hazardous Materials Branch. As stated previously, the CUPA program provided by the County is designed to consolidate, coordinate, and uniformly and consistently administer permits, inspection activities, and enforcement activities throughout Riverside County. Furthermore, household hazards such as cleaners and solvents contain such low quantities of liquid and material that they do not pose a significant threat related to the release of hazardous materials into the environment. Therefore, the Project would not 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.
Finding: The City adopts CEQA Finding 1.
The City hereby finds that changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant effect on the environment to below a level of significance pertaining to the routine transport, use, or disposal of hazardous materials.
Mitigation Measures: MM HAZ-1
Supportive Evidence: Please refer to Draft EIR pages 4.8-26 through 4.8-27.
5.10 HYDROLOGY AND WATER QUALITY
Impact 4.9-1: Less than Significant with Mitigatio n Incorporated Clearing, grading, excavation, and construction activities associated with Project buildout may impact water quality due to sheet erosion of exposed soils and subsequent deposition of particulates in nearby drainages. The Project is required to comply with the NPDES Construction General Permit, the water quality policies of the City GP and the Riverside County DAMP, all which require the preparation and implementation of a SWPPP in order to obtain grading and building permits. The SWPPP shall identify site- specific construction BMPs to reduce or eliminate sediment and other pollutants in stormwater and non- Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 234
Menifee Mayor and City Council
February 21, 2024
Page
1527 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
50 stormwater runoff from the Project site. The Project will be subject to best management practices (BMPs).
Overall, the Project would not vi olate water quality standards or waste discharge requirements with implementation of MM HYD-1 and HYD-2.
Finding: The City adopts CEQA Finding 1.
Pursuant to Public Resources Code Section 21081(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant effect on the environment to below a level of significance.
Mitigation Measures: Based upon the analysis presented in Section 4.9: Hydrology and Water Quality of the Draft EIR, which is incorporated herein by reference, MMs HYD-1 and HYD-2 are feasible and is made binding through the MMRP. Imposition of these mitigation measures will r educe potentially significant impacts to less than significant.
MM HYD-1: Prior to commencing grading, the Project Applicant shall comply with applicable construction water quality regulations including the NPDES General Construction Permit, which shall be obtained from the Regional Water Quality Control Board. This process requires that the applicant electronically submit Permit Registration Documents (PRDs) prior to commencement of construction activities in the Storm Water Multiple Application and Report Tracking System (SMARTS). PRDs consist of the Notice of Intent, Risk Assessment, Post-Construction Calculations, a Site Map, the Stormwater Pollution Prevention Plan (SWPPP), a signed certification statement by the Legally Responsible Person, and the first annual fee.
The required SWPPP must be submitted to the City of Menifee Engineering Department for review and approval, identifying specific actions and Best Management Practices (BMPs) to prevent stormwater pollution during construction activities. The SWPPP shall identify a practical sequence for BMP implementation, site restoration, contingency measures, responsible parties, and agency contacts. The SWPPP shall include but not be limited to the following elements:
A. Compliance with the requirements of the State of California’s most current Construction Stormwater Permit.
B. Temporary erosion control measures shall be implemented on all disturbed areas.
C. Disturbed surfaces shall be treated with erosion control measures during the October 15 to April 15 rainy season.
D. Sediment shall be retained on-site by a system of sediment basins, traps, or other BMPs.
E. The construction contractor shall prepare Standard Operating Procedures for the handling of hazardous materials on the construction site to eliminate discharge of materials to storm drains.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 235
Menifee Mayor and City Council
February 21, 2024
Page
1528 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
51 F. BMP performance and effectiveness shall be determined either by visual means where applicable (e.g., observation of above -normal sediment release), or by actual water sampling in cas es where verification of contaminant reduction or elimination (such as inadvertent petroleum release) is required by the Santa Ana RWQCB to determine adequacy of the measure.
G. In the event of significant construction delays or delays in final landscape installation, native grasses or other appropriate vegetative cover shall be established on the construction site as soon as possible after disturbance, as an interim erosion control measure throughout the duration of construction.
H. Prior to the issuance of the first grading permit, the Project Applicant shall submit the Final Tentative Parcel Map that includes the water quality BMPs for approval by the City of Menifee Engineer. The City of Menifee Engineer shall ensure that all applicable water quality standards are met before approving the SWPPP.
MM HYD-2: The Project Applicant shall prepare a Final Project -Specific Water Quality Management Plan (WQMP) with Operations and Maintenance (O&M) Plan for submittal together with the associated grading and improvement plans which must be approved prior to the issuance of a building or grading permit. These documents shall be prepared in accordance with applicable City (Menifee) and County (Riverside) water quality requirements, for review and approval by the City o f Menifee Engineering Department, including the following:
▪ Site Design BMPs
▪ Source Control BMPs
▪ Treatment Control BMPs
▪ BMP Sizing
▪ Equivalent Treatment Control Alternatives
▪ Regionally-Based Treatment Control BMPs
▪ O&M Responsibility for Treatment Control BMPs
Supportive Evidence: Please refer to Draft EIR pages 4.9-14 through 4.9-18.
Impact 4.9-3: Less than Significant with Mitigation Incorporated Development of the Project would alter the existing drainage pattern of the site since the existing site is predominately undeveloped with little existing impervious surfaces. However, the Project Applicant would obtain a NPDES Construction Stormwater Permit and implement a SWPPP to minimize soil erosion and siltation on and off the site; see MM HYD -1. BMPs as outlined in the WQMP would also be implemented during construction and operation of the site to minimize erosion and sedimentation; see MM HYD-2. In addition to the SWPPP and WQMP, the Project would comply with other applicable local and regiona l water quality requirements. Overall drainage patterns would be captured through the Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 236
Menifee Mayor and City Council
February 21, 2024
Page
1529 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
52 proposed drainage systems, with flows directed to the Santa Ana Watershed Region and with water quality measures applicable to the respective watershed. In consideration of existing regulations, and with implementation of MM HYD 1 and MM HYD-2, impacts would be less than significant.
Finding: The City adopts CEQA Finding 1.
Pursuant to Public Resources Code Section 21081(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant effect on the environment to below a level of significance.
Mitigation Measures: Based upon the analysis presented in Section 4.9: Hydrology and Water Quality of the Draft EIR, which is incorporated herein by reference, MMs HYD-1 and HYD-2 are feasible and is made binding through the MMRP. Imposition of these mitigation measures will r educe potentially significant impacts to less than significant.
Supportive Evidence: Please refer to Draft EIR pages 4.9-19.
Impact 4.9-4: Less than Significant with Mitigation Incorporated Development of the Project would introduce more impervious surfaces on the site; therefore, increasing the amount and rate of surface runoff. As previously discussed in Impact 4.9 -1, the Project’s drainage system has been designed to mitigate this impact, by providing an on-site detention basin/pump station, combined with a comprehensive on -site and off -site storm drainage system. The drainage design recommendations are included in the Project design plans and have been designed to ensure that all on- and off-site drainage and storm drain facilities would be adequately sized for the 100-year storm event.
Additionally, the Project would implement MM HYD-3, which would require that the Project Applicant to submit final grading and drainage plans for review and approval by the City and the EMWD, prior to issuance of any grading permit, to ensure that the Project does not result in increased flows off -site or otherwise significantly impact downstream drainage facilities. The drainage design would prevent flooding on- and off-site due to an increase in surface water runoff. Therefore, with proposed on-site and off-site improvements and implementation of MM HYD-3, the Project would not cause additional flooding or substantial runoff, exceed the capacity of existing drainage facilities, or impede or redirect flood flows such that on-site or off-site areas are significantly impacted. Impacts would be mitigated to a less than significant level. Water quality effects of the Project are addressed under Impact 4.9-1 above.
Finding: The City adopts CEQA Finding 1.
Pursuant to Public Resources Code Section 21081(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant effect on the environment to below a level of significance.
Mitigation Measures: Based upon the analysis presented in Section 4.9: Hydrology and Water Quality of the Draft EIR, which is incorporated herein by reference, Mitigation Measures MM HYD-3 is feasible and is made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 237
Menifee Mayor and City Council
February 21, 2024
Page
1530 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
53 MM HYD-3: Prior to issuance of off-site grading permits, off-site grading plans, and final drainage study shall demonstrate compliance with applicable City drainage plans and, design guidelines including but not limited to City of Menifee Municipal Code Chapter 8.26 Grading Regulations and at the discretion of the City Engineer/Public Works Director.
Supportive Evidence: Please refer to Draft EIR pages 4.9-19 through 4.9-20.
Impact 4.9-5: Less than Significant with Mitigation Incorporated According to maps published by the FEMA, the Project site is located within an area subject to flood hazards, Flood Zone X. Zone X is defined as “Areas determined to be outside the 0.2 percent annual chance floodplain.” As part of the Project design features, on-site flows would be collected by a system of on-site drainage improvements, catch basins, and detention basins and off-site drainage improvements proposed at Dawson Road and Antelope Road which would convey runoff to the proposed Storm Drain Lateral A- 1A and A-1B. The Project’s flows would connect Riverside County DAMP facility Lateral B-8, and ultimately drain to Canyon Lake. This classifies the Project as a HCOC nonexempt area. As noted in Impact 4.9-1 and
4.9-4 above, the Project would mitigate the increase in runoff and the 100-year storm would be routed to match existing and proposed flow rates. The flows would be routed by storing the volume in the detention basins until the runoff overflows and rel eases to meet drawdown requirements. All flows would be treated for water quality purposes and all flows would be convey south in the proposed storm drainages.
Therefore, with implementation of efficient design measures and applicable BMPs pursuant the Project’s WQMP and SWPPP (MMs HYD-1, -2, and -3), the Project would not substantially impede or redirect flood flows and no on-site flooding would occur.
Finding: The City adopts CEQA Finding 1.
Pursuant to Public Resources Code Section 21081(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant effect on the environment to below a level of significance.
Mitigation Measures: Based upon the analysis presented in Section 4.9: Hydrology and Water Quality of the Draft EIR, which is incorporated herein by reference, MMs HYD-1, HYD-2, and HYD-3 are feasible and is made binding through the MMRP. Imposition of the se mitigation measures will reduce potentially significant impacts to less than significant.
Supportive Evidence: Please refer to Draft EIR pages 4.9-20 through 4.9-21.
Impact 4.9-6: Less than Significant with Mitigation Incorporated The northeastern portion of the Project site is largely within an area determined to be outside the 0.2 percent annual chance floodplain, identified as Zone X. The southwestern portion of the Project site is located within a special flood hazard area subject to inundation by the one percent annual chance flood, identified as Zone A.
As concluded in the previous impact thresholds, BMPs have been incorporated into the Project’s site design to fully address the proposed DMAs. As noted in the Preliminary Drainage Report, with the implementation of the proposed on- and off-site DMAs, runoff would be conveyed to the corresponding Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 238
Menifee Mayor and City Council
February 21, 2024
Page
1531 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
54 detention basins which have been design appropriately to provide flood protection for the 100-year storm event. As such, the Project would implement BMP’s and efficient design measures pursuant to the Project’ WQMP and SWPPP ( MMs HYD-1, -2, and -3), that includes, but is not limited to, the pretreatment of runoff through the proposed bioretention basin. Therefore, the Project ‘s impacts regarding the ris k of pollutants due to inundation would be reduced to less than significant levels.
Finding: The City adopts CEQA Finding 1.
Pursuant to Public Resources Code Section 21081(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant effect on the environment to below a level of significance.
Mitigation Measures: Based upon the analysis presented in Section 4.9: Hydrology and Water Quality of the Draft EIR, which is incorporated herein by reference, MMs HYD-1, HYD-2, and HYD-3 are feasible and is made binding through the MMRP. Imposition of these mitigation measures will reduce potentially significant impacts to less than significant.
Supportive Evidence: Please refer to Draft EIR page 4.9-21.
5.11 LAND USE AND PLANNING
No impacts were concluded to be significant.
5.12 MINERAL RESOURCES
No impacts were concluded to be significant.
5.13 NOISE
No impacts were concluded to be significant.
5.14 POPULATION AND HOUSING
No impacts were concluded to be significant.
5.15 PUBLIC SERVICES
No impacts were concluded to be significant.
5.16 RECREATION
No impacts were concluded to be significant.
5.17 TRANSPORTATION
No impacts were concluded to be significant.
5.18 TRIBAL CULTURAL RESOURCES
No impacts were concluded to be significant.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 239
Menifee Mayor and City Council
February 21, 2024
Page
1532 of 1711
Motte Business Center
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations
City of Menifee November 2023
55 5.19 UTILITIES
No impacts were concluded to be significant.
5.20 WILDFIRE
No impacts were concluded to be significant.
6.0 FINDINGS REGARDING SIGNIFICANT AND UNAVOIDABLE
ENVIRONMENTAL IMPACTS WHICH CANNOT BE MITIGATED
TO A LEVEL OF LESS THAN SIGNIFICANT
6.1 AESTHETICS
No impacts were concluded to be significant and unavoidable.
6.2 AGRICULTURE AND FORESTRY RESOURCES
No impacts were concluded to be and significant and unavoidable.
6.3 AIR QUALITY
No impacts were concluded to be and significant and unavoidable.
6.4 BIOLOGICAL RESOURCES
No impacts were concluded to be and significant and unavoidable.
6.5 CULTURAL RESOURCES
No impacts were concluded to be and significant and unavoidable.
6.6 ENERGY
No impacts were concluded to be and significant and unavoidable.
6.7 GEOLOGY AND SOILS
No impacts were concluded to be and significant and unavoidable.
6.8 GREENHOUSE GAS EMISSIONS
Impact 4.7-1: Significant and Unavoidable Impact
The Project would result in the gene ration of approximately 1,928 MTCO2e throughout the course of construction. Construction GHG emissions are typically summed and amortized over a 30-year period and then added to the operational emissions. The Project’s amortized construction emissions woul d be 64 MTCO2e per year. Once construction is complete, the generation of these GHG emissions would cease.
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Motte Business Center Appeal
Item Page Number: 240
Menifee Mayor and City Council
February 21, 2024
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City of Menifee November 2023
56 GHG emissions associated with the Project are summarized in Table 4.7 -3: Project Greenhouse Gas Emissions. As shown in Table 4.7-3, the Project’s unmitigated emissions would be approximately 12,665 MTCO2e annually from both construction and operations and would exceed the SCAQMD 3,000 MTCO2e per year threshold. The majority of the GHG emissions (approximately 78 percent unmitigated and 86 percent mitigated) are associated with non -construction related mobile sources. Emissions of motor vehicles are controlled by State and Federal standards, and neither the Project applicant nor the City has control over these standards. The Project would be required to comply with several laws, ordinances, and regulations (LOR)s and mitigation measures to reduce operational GHG emissions. LOR-4 through LOR-6 require water efficient irrigation systems, and compliance with Title 24 Energy Efficiency Standards and the CALGr een Code. The Project also includes MM GHG -1 through MM GHG -8 to further reduce emissions. In addition, implementation of MM AQ-1 through MM AQ-4 further described in Section 4.2:
Air Quality of this EIR would reduce the Project’s construction and operatio nal emissions. As shown in Table 4.7 -3, mitigation measures would reduce Project GHG emissions by approximately 9 percent; however, total mitigated emissions would continue to exceed the SCAQMD threshold of 3,000 MTCO2e per year.
The City as the lead agen cy for the Project and the entity responsible for enforcing any mitigation measures incorporated into the Project and relied upon to reduce impacts to a less than significant level, has no enforcement authority over offset credits that fund carbon reduction projects outside of the City.
Many offset credits “sell” reductions in emissions generated outside of California, which may not be genuine or verifiable. International offsets are even more difficult to verify, guarantee and enforce. Even CARB does not have enforcement authority over such reductions, let alone the City of Menifee. Thus, the purchase of offset credits is not a feasible mitigation measure to reduce the emissions impact of the Project. Therefore, despite the incorporation of all feasible mit igation, the remaining mobile emissions from the Project cannot feasibly be mitigated because neither the Project applicant nor the City has the regulatory authority to control tailpipe emissions. Since mitigated future mobile source emissions exceed the 3,000 MTCO2e threshold and no additional feasible mitigation beyond MM AQ-1 through MM AQ-4 and MM GHG -1 through MM GHG-8 are available to further reduce emissions, this impact remains significant and unavoidable.
Mitigation Measures: Based upon the analysi s presented in Section 4.2: Air Quality, and Section 4.7:
Greenhouse Gas Emissions of the Draft EIR, which is incorporated herein by reference, MMs AQ-2 through AQ-4, listed above, are feasible and are made binding through the MMRP. Imposition of these mitigation measures will not reduce potentially significant greenhouse gas emissions impacts to less than significant.
As such, the impact remains significant and unavoidable. Additionally, the following mitigation measures apply:
MM GHG-1 Prior to issuance of tenant occupancy permits, the Project applicant shall be required to install a minimum 192 kwdc solar photovoltaic (PV) system or offset an equivalent amount of energy demand through the purchase of renewable energy or implementation of alterna tive renewable measures, subject to approval by the Community Development Director or his/her designee. To allow future operators to earn WAIRE Program points pursuant to SCAQMD’s Rule 2305, the exact timing of the Item Title: 11.1
Motte Business Center Appeal
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February 21, 2024
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57 PV system installation may be modified at the discretion of the Community Development Director or his/her designee. The final PV generation facility size requires approval by Southern California Edison (SCE). SCE’s Rule 21 governs operating and metering requirements for any facility connected to SCE’s distribution system. Should SCE limit the off-site export, the Project may utilize a battery energy storage system (BESS) to lower off -site export while maintaining on-site renewable generation to off-set consumption. The building shall include an electrical system and other infrastructure sufficiently sized to accommodate the PV arrays. The electrical system and infrastructure must be clearly labeled with noticeable and permanent signage.
In addition, to ensure that the Project’s electrical room(s) i s sufficiently sized to accommodate the potential need for additional electrical panels, either (1) a secondary electrical room shall be provided in the building, or (2) the primary electrical room shall be sized 25 percent larger than is required to satisfy the service requirements of the building or the electrical gear shall be installed with the initial construction with 25 percent excess demand capacity.
MM GHG-2 Prior to issuance of tenant occupancy permits, Project operators with more than 100 employees shall prepare and submit to the Community Development Director or designee, a Transportation Demand Management (TDM) program detailing strategies that would reduce the use of single-occupant vehicles by employees by increasing the number of trips by walking, bicycle, carpool, vanpool, and transit. The TDM shall include, but is not limited to the following:
▪ Provide a transportation information center and on -site TDM coordinator to educate residents, employers, employees, and visitors of surrounding transportation options.
▪ Incorporate bicycle parking and storage, and self-service bicycle repair areas. ▪ Provide on-site meal options in employee break areas as well as kitchen amenities to prepare and/or heat meals.
▪ Provide a ride -matching service (e.g., bulletin boards, website, smartphone application) to connect carpool participants and provide preferential parking for rideshare vehicles to support carpool/vanpool/rideshare transportation modes. ▪ Post Riverside Transit Agency schedules in conspicuous areas. ▪ Reference Riverside Transit Agency schedules when creating employees’ operating schedules.
MM GHG-3 Prior to the issuance of building permits and prior to issuance of tenant occupancy permits, the City of Menifee Building and Safety Division shall confirm that the Project Item Title: 11.1
Motte Business Center Appeal
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58 does not include cold storage equipment for warehousing purposes. Cold storage was not included in the analysis for the EIR and is therefore prohibited.
MM GHG-4 The facility operator shall provide tenants with an information packet that:
▪ Provides information on incentive programs, such as the Carl Moyer Memorial Air Quality Standards Attainment Program (Moyer Program), and other similar funding opportunities, by providing applicable literature available from the California Air Resources Board (CARB). The Moyer Program On-Road Heavy-Duty Vehicles Voucher Incentive Program (VIP) provides funding to individuals seeking to purchase new or used vehicles with 2013 or later model year engines to replace an existing vehicle that is to be scrapped.
▪ Provides information on the United States Environmental Protection Agency’s SmartWay program and tenants shall be encouraged to use carriers that are SmartWay carriers.
MM GHG-5 Prior to issuance of Certificate of Occupancy, the Project shall be required to provide 20 percent of the employee parking stalls on -site as "EV ready ," with all necessary conduit and related appurtenances installed. Five percent of the EV ready parking stalls shall have Level 2 Quickcharge EV charging stations installed and o perational.
Signage shall be installed indicating EV charging stations/stalls and specifying stalls that are reserved for clean air/EV vehicles.
MM GHG-6 The development shall divert a minimum of 75 percent of landfill waste during operation. Prior to issuance of certificate of tenant occupancy permits, a recyclables collection and load area shall be constructed in compliance with City of Menifee standards for Recyclable Collection and Loading Areas, and the facility’s operator shall be required to provide the City with a copy of the Project’s recycling program. This mitigation measure applies only to tenant permits and not the building shell approvals.
MM GHG-7 Prior to the issuance of building permits, building plans shall identify the location of future electric truck charging stations (minimum of three) and install conduit to those spaces.
MM GHG-8 Prior to the issuance of tenant occupancy permits, the Project applicant shall submit a report to the City of Menifee Building and Safety Division demonstrating total natural gas consumption from the Project will not exceed 10,000,000 kBTU/year.
Supportive Evidence: Please refer to Draft EIR pages 4.7-19 through 4.7-27.
Impact 4.7-2: Significant and Unavoidable Impact
As shown in Section 4.7: Greenhouse Gas Emissions, the Project does not conflict with the applicable plans that are discussed above, and therefore, with respect to this particular threshold, the Project does not have a significant impact. However, despite plan consistency, the Project’s long-term operational GHG Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 243
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59 emissions would exceed the 3,000 MTCO2e per year threshold despite the implementation of MM AQ-1 through MM AQ-4 in the Project Air Quality Assessment and MM GHG-1 through MM GHG-8; thus, the Project could impede California’s statewide GHG reduction goals for 2030 and 2050. A potentially significant impact would therefore occur as a result of the Project.
Mitigation Measures: Based upon the analys is presented in Section 4.2: Air Quality, and Section 4.7:
Greenhouse Gas Emissions of the Draft EIR, which is incorporated herein by reference, MMs AQ-2 through AQ-4, and GHG-1 through GHG-8 listed above, are feasible and are made binding through the MMRP.
Imposition of these mitigation measures will not reduce potentially significant impacts to less than significant with respect to greenhouse gas emissions . As such, the impact remains significant and unavoidable.
Supportive Evidence: Please refer to Draft EIR pages 4.7-27 through 4.7-31.
6.9 HAZARDS AND HAZARDOUS MATERIALS
No impacts were concluded to be and significant and unavoidable.
6.10 HYDROLOGY AND WATER QUALITY
No impacts were concluded to be and significant and unavoidable.
6.11 LAND USE AND PLANNING
No impacts were concluded to be and significant and unavoidable.
6.12 MINERAL RESOURCES
No impacts were concluded to be and significant and unavoidable.
6.13 NOISE
No impacts were concluded to be and significant and unavoidable.
6.14 POPULATION AND HOUSING
No impacts were concluded to be and significant and unavoidable.
6.15 PUBLIC SERVICES
No impacts were concluded to be and significant and unavoidable.
6.16 RECREATION
No impacts were concluded to be and significant and unavoidable.
6.17 TRANSPORTATION
No impacts were concluded to be and significant and unavoidable.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 244
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February 21, 2024
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60 6.18 TRIBAL CULTURAL RESOURCES
No impacts were concluded to be and significant and unavoidable.
6.19 UTILITIES
No impacts were concluded to be and significant and unavoidable.
6.20 WILDFIRE
No impacts were concluded to be and significant and unavoidable.
7.0 FINDINGS REGARDING GROWTH INDUCING IMPACTS
CEQA Guidelines Section 15126.2(d) requires that an EIR:
“Discuss the ways in which the proposed project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment.”
Under State CEQA Guidelines section 15126.2(e), a project would be considered to have a growth- inducing effect if it would result in any of the following effects:
• Directly or indirectly foster economic or population growth, or the construction of additional housing in the surrounding environment;
• Remove obstacles to population growth (e.g., construction of an infrastructure expansion to allow for more construction in service areas);
• Tax existing community service facilities, requiring the construction of new facilities that could cause significant environmental effects; or
• Encourage and facilitate other act ivities that could significantly affect the environment, either individually or cumulatively.
Here, the Project would not result in significant growth-inducing impacts.
First, the Project would not directly foster population growth as the Project does not involve the construction of residential uses, nor does the site zoning allow for residential development. The Project would generate employment, but the existing 4. 4 percent unemployment rate in Riverside County 2 suggests that there is a need for local employment opportunities which are anticipated to be filled by locals.
Second, the Project would not remove obstacles to population growth. The proposed Project’s development is localized to the Project site. The Project w ould not amend the Land Use Element or increase density on the parcels adjacent to the Project site. While the development of the Project would involve the expansion and updating of utility facilities such as electricity and water connections and the
2 State of California Employment Development Department. (2023). Local Area Unemployment Statistics (LAUS) - Riverside County (Preliminary for May 2023). Retrieved from: https://data.edd.ca.gov/Labor -Force-and-Unemployment-Rates/Local-Area-Unemployment- Statistics-LAUS-Riverside-/f6zd-dtm5 (accessed October 2023).
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 245
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February 21, 2024
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61 improvement of existing roadways, these improvements would serve the existing residences and businesses in the City and would improve services to these facilities and City connectivity. Substantial upgrades to the roadway system outside of the general Project a rea, which would promote further development, are not included as components of the Project. All infrastructure improvements associated with the Project are required of the Project itself, and do not contemplate future development in the area.
All future projects in the general area would be subject to provide improvements to serve each project, as necessary.
Third, the Project would not tax existing community service facilities nor require the construction of new or expanded facilities that could cause s ignificant environmental effects. The Project site is currently substantially vacant with some existing adjacent unimproved roadways. Adjacent and nearby uses, including non-confirming residential and commercial developments, are served by existing utiliti es, including electricity, natural gas, and wet and dry facilities but they have not been extended into the Project site. Existing utilities would be extended and upgraded as needed during construction of Project to serve the anticipated demands and to accommodate operation of the warehouse. The Project would include infrastructure improvements and connections to allow for the efficient use of resources such as natural gas, electricity, sewer, and water. Improvements to the Project adjacent streets would also include underground dry utility facilities (e.g., cable, electric, telephone, natural gas, television and fiber optics) along the Project’s frontage streets.
Finally, the Project would not encourage and facilitate other activities that could significan tly affect the environment, either individually or cumulatively. The Project would not encourage or facilitate other development such as the construction of new housing or other developments that could potentially have a significant effect on the environment.
Finding – The City adopts CEQA Finding 1.
The City hereby finds that the Project does not directly result in any significant growth-inducing impacts.
The Project involves the creation of opportunities for industrial development.
Supportive Evidence – Please refer to Draft EIR pages 5-4 through 5-6.
8.0 FINDINGS REGARDING PROJECT ALTERNATIVES
The following alternatives were addressed in the Draft EIR:
1) The No Project Alternative
2) Reduced Building Intensity Alternative
3) Building Square Footage Reduction with Additional Trailer Parking Alternative
8.1 NO PROJECT ALTERNATIVE (ALTERNATIVE 1)
Description: State CEQA Guidelines Section 15126.6, requires an evaluation of the “No Project” alternative for decision-makers to compare the impacts of approving a project with the impacts of not approving it. Alternative 1: No Project Alternative (Alternative 1) assumes that the Project site would not Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 246
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62 be developed, which means there would be no warehousing facilities, landscape improvements, or surface lot improvements developed on the Project site or off-site.
Although this alternative assumes “No Development” (as required by CEQA), this is considered a speculative assumption as the land is assumed to remain in private ownership (as there are no offers to purchase the land for public open space use). It is more likely that, eventually, the land would be developed with some form of industrial development in keeping with the City’s General Plan land use, Menifee North Specific Plan, and zoning designations.
Finding – The City adopts Finding 3.
The City finds that Alternative 1 would not meet any of the Project objectives, as identified above as the Project site would remain in its existing condition. The Project site would not provide employment opportunities, would n ot facilitate the movement of goods, would not develop an industrial project/warehouse facility that is Class A and that would attract high -end tenants to increase the City’s tax base.
Supporting Evidence – Please see Draft EIR Pages 6-5 through 6-10.
8.2 REDU CED BUILDING INTENSITY (15% REDUCTION) (ALTERNATIVE 2) Description: Alternative 2 assumes the proposed Project would undergo a 15 percent reduction in the overall square footage of the proposed warehouse building, removing mezzanine space (200,000 SF).
Alternative 2 would minimize overall impacts related to the scale of the Project by 15 percent in square feet of proposed buildings.
Finding – The City adopts Finding 3.
The City finds that Alternative 2 would likely lead to reduced impacts in air quality, energy, greenhouse gas emissions, transportation, and utilities and service systems. A smaller building size would still be consistent with land use designations for the Project site. Utility demand would be decreased due to the smaller building size as well, along with the associated fire hazards.
Alternative 2 would meet all of the Project Objectives. However, Alternative 2 does not maximize the City’s benefits realized or achieve the Project Objectives when compared to the proposed Project due to the reduced building square footage (200,000 SF) of interior mezzanine . Additionally, the reduction in impacts would not be significant enough to eliminate or substantially reduce impacts of the Project to the greatest extent feasible.
Supporting Evidence – Please see Draft EIR Pages 6-11 through 6-15.
8.3 TRAILER STORAGE AND/OR ADDITIONAL VEHICULAR PARKING ON SMALLER SITE (ALTERNATIVE 3)
Description: Alternative 3 assumes the proposed non -sort warehouse space would continue to be constructed in its original location, including the same office space, but with a 38.5 percent reduction in building size (700,000 SF remaining) with the excess land for trailer parking lot consisting of 684 trailer Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 247
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February 21, 2024
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63 parking stalls and/or a staging area for the warehouse use. Alternative 3 would also include off -site improvements to support the development. Lastly, the additional trailer parking would be used by the building’s tenant for storage purposes and would not b e used as a truck terminal . Alternative 3 would result in less intensive impacts concerning aesthetics, air quality, energy, greenhouse gas emissions, land use, noise, transportation, and utilities impacts than the proposed Project due to shorter construc tion timeline and a smaller building footprint.
Finding – The City adopts Finding 3.
The City finds that Alternative 3 would result in less intensive impacts concerning aesthetics, air quality, energy, greenhouse gas emissions, land use, noise, transportation, and utilities impacts than the proposed Project due to shorter construction timeline and a smaller building footprint. Additionally, Alternative 3 would meet all of the Project Objectives. However, Alternative 3 does not maximize the City’s be nefits realized or achievement of the Project Objectives when compared to the proposed Project due to the 38.5 percent reduction in building size (700,000 SF remaining) with the excess land for trailer/auto parking lot consisting of 616 automobile parking stalls and 684 trailer parking stalls.
Supporting Evidence – Please see Draft EIR Pages 6-15 through 6-20.
9.0 FINDINGS REGARDING THE MITIGATION MONITORING AND
REPORTING PROGRAM
Section 21081.6 of the Public Resources Code requires that when making findings required by Section 21081(a) of the Public Resources Code, the Lead Agency approving a project shall adopt a reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval, in order to ensure compliance with project implementation and to mitigate or avoid significant effects on the environment. The City hereby finds that:
1) A Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the Project, and the mitigation measures therein. The MMRP is incorporated herein by reference and is considered part of the record of proceedings for the Project. 2) The MMRP designates responsibility for implementation and monitoring of proposed mitigation measures. The City’s Community Development Director will serve as the overall MMRP coordinator and will be primarily responsible for ensuring that all mitigation measures are complied with.
3) The MMRP prepared for the Project has been adopted concurrently with these Findings. The MMRP meets the requirements of Section 21021.6 of the Public Resources Code. The City will use the MMRP to track compliance with mitigation measures. The MMRP will remain available for public review during the compliance period.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 248
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February 21, 2024
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64 10.0 OTHER FINDINGS
The City hereby finds as follows:
1) The foregoing statements are true and correct;
2) The City is the “Lead Agency” for the Project evaluated in the CEQA Documents and independently reviewed and analyzed in the Draft EIR and Final EIR for the Project; 3) The Notice of Preparation of the Draft EIR was circulated for public review. It requested that responsible agencies respond as to the scope and content o f the environmental information germane to that agency’s specific responsibilities;
4) The public review period for the Draft EIR was for 45 days between September 29, 2023, and November 13, 2023. The Draft EIR and appendices were available for public review during that time. A Notice of Completion and copies of the Draft EIR were sent to the State Clearinghouse, and notices of availability of the Draft EIR were published by the City. The Draft EIR was available for review on the City’s website. Physical copies of the environmental documents are available at the City of Menifee Community Development Department , Sun City Library, and the Menifee Library;
5) The CEQA Documents were completed in compliance with CEQA; 6) The CEQA Documents reflect the City’s independent judgment; 7) The City evaluated comments on environmental issues received from persons who reviewed the Draft EIR. In accordance with CEQA, the City prepared written responses describing the disposition of significant environmental issues raised. The Final EIR provided adequate, good faith and reasoned responses to the comments. The City reviewed the comments received and responses thereto and has determined that neither the comments received nor the responses to such comments add significant new i nformation to the Draft EIR regarding adverse environmental impacts. The City has based its actions on full appraisal of all viewpoints, including all comments received up to the date of adoption of these Findings, concerning the environmental impacts identified and analyzed in the Final EIR; 8) The City finds that the CEQA Documents, as amended, provide objective information to assist the decision-makers and the public at large in their consideration of the environmental consequences of the Project. The public review period provided all interested jurisdictions, agencies, private organizations, and individuals the opportunity to submit all comments made during the public review period;
9) The CEQA Documents evaluated the following impacts: (1) aesthetics; (2 ) agriculture and forestry; (3) air quality; (4) biological resources; (5) cultural resources; (6) energy; (7) geology and soils; (8) greenhouse gas emissions; (9) hazards and hazardous materials; (10) hydrology and water quality; (11) land use and plannin g; (12) mineral resources; (13) noise; (14) population and housing; (15) public services; (16) recreation; (17) transportation and circulation; (18) tribal cultural resources; (19) utilities and service systems; (20) wildfire.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 249
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February 21, 2024
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65 Additionally, the CEQA Documents considered, in separate sections, significant irreversible environmental changes and growth -inducing impacts of the Project as well as a reasonable range of project alternatives. All of the significant environmental impacts of the Project were identified in the CEQA Documents;
10) The MMRP includes all of the mitigation measures identified in the CEQA Documents and has been designed to ensure compliance during implementation of the Project. The MMRP provides the steps necessary to ensure that the mitigation measures are fully enforceable; 11) The MMRP designates responsibility and anticipated timing for the implementation of mitigation; the City’s Community Development Director will serve as the MMRP Coordinator;
12) In determining whether the Project may have a significant impact on the environment, and in adopting these Findings pursuant to Section 21081 of CEQA, the City has complied with CEQA Sections 21081.5 and 21082.2;
13) The impacts of the Project have been analyzed to the extent feasible at the time of certification of the CEQA Documents;
14) The City made no decisions related to approval of the Project prior to the initial recommendation of certification of the CEQA Documents. The City also did not c ommit to a definite course of action with respect to the Project prior to the initial consideration of the CEQA Documents.
15) Copies of all the documents incorporated by reference in the CEQA Documents are and have been available upon request at all times at the offices of the City of Menifee Community Development Department, the custodian of record for such documents or other materials; 16) The responses to the comments on the Draft EIR, which are contained in the Final EIR, clarify and amplify the analysis in the Draft EIR;
17) Having reviewed the information contained in the CEQA Documents and in the administrative record, the City finds that there is no new significant information regarding adverse environmental impacts of the Project in the Final EIR; and 18) Having received, reviewed and considered all information in the CEQA Documents, as well as all other information in the record of proceedings on this matter, these Findings are hereby adopted by the City in its capacity as the CEQA Lead Agency.
11.0 STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to Public Resources Code Section 21081(b), and CEQA Guidelines Section15093(a) and (b), the decision-making agency is required to balance, as applicable, the economic, legal, social, technological, or other benefits of the project against its unavoidable environmental risks when determining whether to approve a project. If the specific economic, legal, social, technological, or other benefits of the project outweigh the unavoidable adverse environmental effects, those effects may be considered “acceptable” (14 C.C.R. § 15093 (a)). CEQA requires the agency to support, in wri ting, the specific reasons for considering a project acceptable when significant impacts are not avoided or substantially lessened. Those Item Title: 11.1
Motte Business Center Appeal
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66 reasons must be based on substantial evidence in the FEIR or elsewhere in the administrative record (14 C.C.R. § 15093(b)).
Courts have upheld overriding considerations that were based on a variety of policy considerations including, but not limited to, new jobs, stronger tax base, and implementation of an agency’s economic development goals, growth management polici es, redevelopment plans, the need for housing and employment, conformity to community plan, and provision of construction jobs; see Towards Responsibility in Planning v. City Council (1988) 200 Cal App. 3d 671; Dusek v. Redevelopment Agency (1985) 173 Cal App. 3d 1029; City of Poway v City of San Diego (1984) 155 Cal App. 3d 1037; and Markley v. City Council (1982) 131 Cal App.3d 656.
The City finds that all feasible mitigation measures identified in the Final EIR that are within the purview of the City would be implemented with the Project, and that the mitigation measures that may be within another agency’s discretion have been, or can and should be, adopted by that other agency. As identified below, the City further finds that the remaining significant u navoidable effects are outweighed and are found to be acceptable due to the following specific overriding economic, legal, social, technological, or other benefits, based upon the facts set forth above, the FEIR, and the record.
In accordance with the requirements of CEQA and the CEQA Guidelines, the City finds that the mitigation measures identified in the Final EIR and the Mitigation Monitoring and Reporting Program (MMRP), when implemented, would avoid, or substantially lessen all of the significant effects identified in the Final EIR for the Motte Business Center (Project). However, certain significant impacts of the Project are unavoidable even after incorporation of all feasible mitigation measures. These significant unavoidable impacts would result from greenhouse gas emissions which the Project’s operational mitigated mobile source emissions would continue to exceed the SCAQMD MTCO 2e threshold and even with MM AQ-1 through AQ-4 in Section 4.2: Air Quality and MMs GHG-1 through GHG-8 in Section 4.7: Greenhouse Gas Emissions, a significant impact would remain.
The City finds that all feasible mitigation measures identified in the Final EIR that are within the purview of the City would be implemented with the Project. As identified below, the City fur ther finds that the remaining significant unavoidable effects are outweighed and are found to be acceptable due to the following specific overriding economic, legal, social, technological, or other benefits, based upon the facts set forth above, the Final EIR, and the record.
The City finds that any one of the benefits set forth below is sufficient by itself to warrant approval of the Project. This determination is based on the findings herein and the evidence in the record. Having balanced the unavoidable adverse environmental impacts against each of the benefits, the City hereby adopts this Statement of Overriding Considerations for the following reasons:
1. All feasible mitigation measures have been imposed to lessen Project impacts to less than significant levels; and furthermore, alternatives to the Project are infeasible because while they have similar or less environmental impacts, they do not provide the economic benefits of the Project, or are otherwise socially or economically infeasible when compared to the Project, as described in the Statement of Facts and Findings.
2. The Project is consistent with and will contribute to achieving the goals and objectives established by the General Plan. Implementing the City’s General Plan as a policy is a legal and social Item Title: 11.1
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67 prerogative of the City. The Project would be consistent with the following General Plan Goals and Policies through the implementation of PDFs and Mitigation Measures.
Goals and policies from the Circulation Element applicable to the Project include:
Goal C-1 A roadway network that meets the circulation needs of all residents, employees, and visitors to the City of Menifee.
Policy C-1.1: Require roadways to:
i. Comply with federal, state, and local design and safety standards. ii. Meet the needs of multiple transportation modes and users. iii. Be compatible with the streetscape and surrounding land uses. iv. Be maintained in accordance with best practices.
Policy C-1.2 Require development to mitigate its traffic impacts and achieve a peak hour Level of Service (LOS) D or better at intersections, except at constrained intersections at close proximity to the I-215 where LOS E may be permitted.
Policy C-1.5 Minimize idling times and vehicle miles traveled to conserve resources, protect air quality, and limit greenhouse gas emissions.
Goal C-2 A bikeway and community pedestrian network that facilitates and encourages nonmotorized travel throughout the City of Menifee.
Policy C-2.2 Provide off-street multipurpose trails and on-street bike lanes as our primary paths of citywide travel and explore the shared use of low-speed roadways for connectivity wherever it is safe to do so.
Policy C-2.3 Require walkways that promote safe and convenient travel bet ween residential areas, businesses, schools, parks, recreation areas, transit facilities, and other key destination points.
Policy C-2.4 Explore opportunities to expand the pedestrian and bicycle networks; this includes consideration of utility easements, drainage corridors, road rights-of-way, and other potential options.
Goals and policies from the Community Design Element applicable to the Project include:
Goal CD-3 Projects, developments, and public spaces that visually enhance the character of the community and are appropriately buffered from dissimilar land uses so that differences in type and intensity do not conflict.
Policy CD-3.3 Minimize visual impacts of public and private facilities and support structures through sensitive site design and construction. This includes but is not limited to appropriate placement of facilities; undergrounding, where possible; and aesthetic design (e.g., cell tower stealthing).
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68 Policy CD-3.5 Design parking lots and structures to be functionally and visually integrated and connected; off-street parking lots should not dominate the street scene.
Policy CD-3.8 Design retention/detention basins to be visually attractive and well-integrated with any associated project and with adjacent land uses.
Policy CD-3.9 Utilize Crime Prevention through Environmental Design (CPTED) techniques and defensible space design concepts to enhance community safety.
Policy CD-3.10 Employ design strategies and building materials that evoke a sense of quality and permanence.
Policy CD-3.14 Provide variations in color, texture, materials, articulation, and architectural treatments. Avoid long expanses of blank, monotonous walls or fences.
Policy CD-3.15 Require property owners to maintain structures and landscaping to high standards of design, health, and safety.
Policy CD-3.16 Avoid use of long, blank walls in industrial developments by breaking them up with vertical and horizontal façade articulation achieved through stamping, colors, materials, modulation, and landscaping.
Policy CD-3.17 Encourage the use of creative landscape design to create visual interest and reduce conflicts between different land uses.
Policy CD-3.19 Design walls and fences that are well integrated in style with adjacent structures and terrain and utilize landscaping and vegetation materials to soften their appearance.
Policy CD-3.20 Avoid the blocking of public views by solid walls.
Goal CD-6 Attractive landscaping, lighting, and signage that conveys a positive image of the community.
Policy CD-6.3 Require property owners to maintain the existing landscape on developed nonresidential sites and replace unhealthy or dead landscaping.
Policy CD-6.4 Require that lighting and fixtures be integrated with the design and layout of a project and that they provide a desirable level of security and illumination.
Policy CD-6.5 Limit light leakage and spillage that may interfere with the operations of the Palomar Observatory.
Goals and policies from the Open Space and Conservation Element applicable to the Project include:
Goal OSC-8 Protected biological resources, especially sensitive and special status wildlife species and their natural habitats.
Policy OCS-8.4 Identify and inventory existing natural resources in the City of Menifee.
Policy OCS-8.5 Recognize the impacts new development will have on the city's natural resources and identify ways to reduce these impacts.
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69 Goals and policies from the Open Space & Conservation Element applicable to the Project include:
Goal OSC-9 Reduced impacts to air quality at the local level b y minimizing pollution and particulate matter.
Policy OCS-9.2 Buffer sensitive land uses, such as residences, schools, care facilities, and recreation areas from major air pollutant emission sources, including freeways, manufacturing, hazardous materials storage, wastewater treatment, and similar uses.
Policy OCS-9.5 Comply with the mandatory requirements of Title 24 Part 1 of the California Building Standards Code (CALGreen) and Title 24 Part 6 Building and Energy Efficiency Standards.
Goals and policies from the Open Space & Conservation Element applicable to the Project include:
Goal OSC-5 Archaeological, historical, and cultural resources are protected and integrated into the city’s-built environment.
Policy OCS-5.1 Preserve and protect archaeological and historic resources and cultural sites, places, districts, structures, landforms, objects and native burial sites, traditional cultural landscapes and other features, consistent with state law and any laws, regulations or policies which may be adopted by the city to implement this goal and associated policies.
Policy OCS-5.4 Establish clear and responsible policies and best practices to identify, evaluate, and protect previously unknown archaeological, historic, and cultural resources, following applicable CEQA and NEPA procedures and in consultation with the appropriate Native American tribes who have ancestral lands within the city.
Goals and policies from the Open Space & Conservation Element applicable to the Project include:
Goal OSC-4 Efficient and en vironmentally appropriate use and management of energy and mineral resources to ensure their availability for future generations.
Policy OCS-4.1 Apply energy efficiency and conservation practices in land use, transportation demand management, and subdivision and building design.
Policy OCS-4.2 Evaluate public and private efforts to develop and operate alternative systems of energy production, including solar, wind, and fuel cell.
Goals and policies from the Safety Element applicable to the Project include:
Goal S-1 A community that is minimally impacted by seismic shaking and earthquake - induced or other geologic hazards.
Policy S-1.1 Require all new habitable buildings and structures to be designed and built to be seismically resistant in accordance with the most recent California Building Code adopted by the city.
Goal S-2 A community that has used engineering solutions to reduce or eliminate the potential for injury, loss of life, property damage, and economic and social Item Title: 11.1
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70 disruption caused by geologic hazard s such as slope instability; compressible, collapsible, expansive or corrosive soils; and subsidence due to groundwater withdrawal.
Policy S-2.1 Require all new developments to mitigate the geologic hazards that have the potential to impact habitable structures and other improvements.
Policy S-2.2 Monitor the losses caused by geologic hazards to existing development and require studies to specifically address these issues, including the implementation of measures designed to mitigate these hazards, in all future developments in these areas.
Policy S-2.3: Minimize grading and modifications to the natural topography to prevent the potential for man-induced slope failures.
Goal S-4 A community that has effective fire mitigation and response measures in place, and as a result is minimally impacted by wildland and structure fires.
Policy 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.
Policy S-4.2: Ensure, to the maximum extent possible, that fire services, such as firefighting equipment and personnel, infrastructure, and response times, are adequate for all sections of the City. The City will continue to coordinate with the Riverside County Fire Department, for Interagency coordination, to respond to emergency calls in Menifee and to provide training and ongoing programs for public education.
Policy S-4.4 Review development proposals for impacts to fire facilities and compatibility with fire areas or mitigate.
Policy 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.
Goal S-5 A community that has reduced the potential for hazardous materials contamination.
Policy S-5.1 Locate facilities involved in the production, use, stor age, transport, or disposal of hazardous materials away from land uses that may be adversely impacted by such activities and areas susceptible to impacts or damage from a natural disaster.
Policy S-5.4 Ensure that all facilities that handle hazardous mater ials comply with federal and state laws pertaining to the management of hazardous wastes and materials.
Policy S-5.5 Require facilities that handle hazardous materials to implement mitigation measures that reduce the risks associated with hazardous materia l production, storage, and disposal.
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Item Page Number: 255
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71 Goals and policies from the Land Use Element applicable to the Project include:
Policy LU-3.4 Require that approval of new development be contingent upon the project's ability to secure appropriate infrastructure services.
Policy LU-3.5 Facilitate the shared use of right -of-way, transmission corridors, and other appropriate measures to minimize the visual impact of utilities infrastructure throughout Menifee.
Goal LU-4 Ensure development is consistent with the Riverside County Airport Land Use Compatibility Plan.
Policy LU-4.2 Ensure that development proposals within the March Air Reserve Base and Perris Valley Airport areas of influence fully comply with the permit procedures specified in Federal and State law, with the referral requirements of the Airport Land Use Commission (ALUC), and with the conditions of approval imposed or recommended by the Federal Aviation Administration and ALUC, such as land use compatibility criteria, including density, intensity, and coverage standards. This requirement is in addition to all other City development review requirements.
Goals and policies from the Open Space & Conservation Element applicable to the Project include:
Goal OSC-7: A reliable and safe water supply that effectively meets current and future user demands.
Policy OCS-7.1 Work with the Eastern Municipal Water District to ensure that adequate, high-quality potable water supplies and infrastructure are provided to all development in the community.
Policy OCS-7.2 Encourage water conservation as a means of preserving water resources.
Policy OCS-7.8 Protect groundwater quality by decommissioning existing septic systems and establishing connections to sanitary sewer infrastructure.
Goals and policies from the Community Design Element applicable to the Project include:
Goal N-1 Noise-sensitive land uses are protected from excessive noise and vibration exposure.
Policy N-1.1 Assess the compatibility of proposed land uses with the noise environment when preparing, revising, or reviewing development project applications.
Policy N-1.2 Require new projects to comply with the noise standards of local, regional, and state building code regulations, including but not limited to the city's Municipal Code, Title 24 of the Califo rnia Code of Regulations, the California Green Building Code, and subdivision and development codes.
Policy N-1.7 Mitigate exterior and interior noises to the levels listed in the table below to the extent feasible, for stationary sources adjacent to sensitive receptors:
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Item Page Number: 256
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72 Land Use (Residential) Interior Standards Exterior Standards 10 p.m. – 7 a.m. 40 Leq (10 minute) 45 Leq (10 minute)
7 a.m. – 10 p.m. 55 Leq (10 minute) 65 Leq (10 minute)
Policy N-1.8 Locate new development in areas where noise levels are appropriate for the proposed uses. Consider federal, state, and city noise standards and guidelines as a part of new development review.
Policy N-1.9 Limit the development of new noise -producing uses adjacent to noise -sensitive receptors and require that new noise-producing land be are designed with adequate noise abatement measures.
Policy N-1.13 Require new development to minimize vibration impacts to adjacent uses during demolition and construction.
Goal N-2 Minimal Noise Spillover. Minimal noise spillover from noise-generating uses, such as agriculture, commercial, and industrial uses into adjoining noise-sensitive uses.
Policy N-2.1 Require that new developments abutting residentially designated properties that operate stationary noise source s such as industrial, commercial, entertainment, institutional uses, hospitals, or large hotels, be designed to minimize noise impacts generated by loading areas, parking lots, trash enclosures, mechanical equipment, and any other noise-generating features to the extent feasible.
3. Approval of the Project will create maximum employment -generating opportunities for citizens of Menifee and surrounding communities. The Project’s initial building and infrastructure construction spending will provide a one-time stimulus to the local and r egional economies by creating hundreds of construction related jobs and services. The permanent annual recurring impact will also be substantial by creating long -term employment and generating indirect jobs off site within the City.
4. Approval of the Project will contribute towards maximizing employment opportunities within the City to improve the jobs-housing balance and to reduce systemic unemployment within the City. The Project will attract businesses that can expedite the delivery of essential goods to consumers and businesses in Menifee and beyond the City boundary.
5. Development of the Project site would result in the increase in property taxes through development of vacant and unused parcels through a Tentative Parcel Map and Plot Plan to allow for the development and to allow the City orderly and efficient control of the land use planning of the area. Additionally, payment of applicable DIFs would add to the City’s fiscal performance. The Project will also have a wider regional economic impact in the near future. The surrounding area would greatly benefit due to the Applicant’s and the City’s investment in infrastructure. The extended benefit area would experience tremendous amount of growth in that it would bring more permanent City jobs and increase the annual Item Title: 11.1
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73 recurring economic output in north Menifee. The sales tax revenues generated on behalf of the City by the local employees and residents within the Project and extended benefit areas would represent a sizeable boost to the City’s economy.
6. Approval of the Project will result in improved infrastructure to keep pace with the City’s ongoing development and will enhance the quality of life for the City’s residents by linking land use, transportation and infrastructure development.
With implementation of the PDFs and Mitigation Measures (MMs) Table 4.13-2:
Summary of Intersection Operation (Recommended Improvements) , and Table 4.13-3, Summary of Roadway Segment Analysis with Recommended Improvements of the EIR, the Project would be consistent with all applicable traffic thresholds and would provide adequate transportation infrastructure for the Project and the community overall.
7. The Project would provide a high quality and sustainable development. The Project would promote a planning approach that supports a sustainable and healthy community and reduces impact s on the natural environment. For instance, the Project would meet CalGreen Building Code energy efficiency requirements: consistent with Mitigation Measures GHG-1 through GHG-8, the Project would provide conduits for the installation of electrical hookups for future EV trucks and parking ar eas would be designed to accommodate EVs .
Additionally, as noted in LOR-6, the Project would be designed consistent with CalGreen Code 24 CCR, Part 11, as follows:
• Design buildings to be water efficient. Install water -efficient fixtures in accordance with Section 5.303 (nonresidential) of the California Green Building Standards Code Part 11.
• Recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with Section
5.408.1 (nonresidential) of the California Green Building Standards Code Part
11. • Provide storage areas for recyclables and green waste and adequate recycling containers located in readily accessible areas in accordance with Section 5.410 (nonresidential) of the California Green Building Standards Code Part 11. • To facilitate future installation of electric vehicle supply equipment (EVSE), nonresidential construction shall comply with Section 5.106.5.3 (nonresidential electric vehicle charging) of the California Green Building Standards Code Part 11.
Although significant impacts will remain, the City will mitigate any significant adverse impacts to greenhouse gas emissions to the maximum extent practicable. In its decision to approve the Project, the Planning Commission has considered the Project benefits to outweigh the environmental impacts.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 258
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74 12.0 CERTIFICATION OF THE FINAL EIR
The Planning Commission certifies that the Final EIR was prepared in compliance with CEQA and the CEQA Guidelines and that the Planning Commission has complied with CE QA’s procedural and substantive requirements.
The Planning Commission further certifies that it has reviewed and considered the EIR in evaluation of the Project and that the EIR reflects the independent judgment and analysis of the Planning Commission. The Planning Commission further finds that no new significant information as defined by CEQA Guidelines Section 15088.5, has been received by the Planning Commission after the circulation of the Draft EIR that would require further recirculation.
Accordingly, the Planning Commission certifies the Final EIR for the Motte Business Center Project.
As the decision-making body for approval, the Planning Commission has reviewed and considered the information contained in the Findings and supporting documentation. The Planning Commis sion determines that the Findings contain a complete and accurate reporting of the unavoidable impacts and benefits of the Project as detailed in the Statement of Overriding Considerations.
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Item Page Number: 259
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Attachment A
Mitigation Monitoring and Reporting Program
Motte Business Center
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Final Environmental Impact Report Mitigation Monitoring and Reporting Program
City of Menifee 2 November 2023
SECTION 1: AUTHORITY
This environmental Mitigation Monitoring and Reporting Program (Program) has been prepared pursuant to Section 21081.6 of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) and CEQA Guidelines (14 Cal. Code Regs. Section 15000 et seq.) Sections 15091(d) and 15097 to ensure implementation of and provide for the monitoring of mitigation measures required of the Motte Business Center (Project), as set forth in the Final Environmental Impact Report (EIR) prepared for the Project. This report will be kept on file in the offices of the CEQA Lead Agency, the City of Menifee (City).
As noted in the EIR, the Project has been designed to avoid sensitive resources, as reflected in Project design plans and in Project Design Features (PDFs). In addition, the EIR addresses the potential environmental impacts of the Project, and, where appropriate, recommends mitigation measures to avoid or substantially lessen significant environmental impacts. The Program detailed in the matrix table below is designed to monitor and ensure implementation of all mitigation measures that are adopted for the Project.
The City of Menifee (City) is the lead agency for the Project and assumes ultimate enforcement responsibilities for implement ation of all mitigation measures listed in this Program. The City may assign responsibility for implementation or monitoring to appropriate designees such as a construction manager or third -party monitor. However, as the lead agency, the City remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with this Program. In some cases, the City is required to secure permits or approvals from third-party agencies in order to implement a mitigation measure. In these cases, the City is responsible for verifying that such permits or approvals have been obtained in accordance with the conditions stipulated in the mitigation measure. The City’s existing planning, engineering, operations, and procurement review and inspection processes will be used as the basic foundation for the Program procedures and will also serve to provide the documentation for the reporting program.
SECTION 2: MONITORING SCHEDULE
Prior to construction, while detailed design plans are being prepared by the developer or its agents, City staff will be responsible for ensuring compliance with mitigation monitoring applicable to the Project construction, development, and design phases. Once construction has begun and is underway, monitoring of the mitigation measures associated with construction will be included in the responsibilities of City staff, who shall prepare or cause to be prepared periodic monitoring reports as appropriate. Regulatory agencies will have to harmonize CEQA mitigatio n with regulatory permit conditions and monitoring/reporting as part of the regulatory permitting process and will likely require submittal of formal monitoring reports.
Once construction has been completed, the City will monitor the project as specified in the mitigation measures or as otherwise deemed necessary. At minimum, the City will prepare a mitigation monitoring status report prior to commencing construction, prior to commencing operations, within 90 days of commencing operations, and following completion of the first full year of operations.
Item Title: 11.1
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Item Page Number: 261
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SECTION 3: SUPPORT DOCUMENTATION
Findings and related documentation supporting the findings involving modifications to mitigation measures shall be maintained in the Project file with the Mitigation Monitoring and Reporting Program and shall be made available to the public upon request.
SECTION 4: FORMAT OF MITIGATION MONITORING MATRIX
The mitigation monitoring matrix on the following pages identifies the environmental issue areas for which monitoring is requi red, the required mitigation measures, the time frame for monitoring, and the responsible implementing and monitoring agencies.
SECTION 5: DEFINITIONS
The following list provides definitions for acronyms used in the mitigation monitoring and reporting program.
Acronyms/Abbreviation Description
ACM ................................ ..........Asbestos-Containing Materials AHERA ................................ .......Asbestos Hazard Emergency Response Act APU ................................ ...........Auxiliary Power Units AQ ................................ .............Air Quality AQMD ................................ .......Air Quality Management District BIO ................................ ............Biological Resources BMPs ................................ .........Best Management Practices CalOSHA ................................ ....California Division of Occupational Safety and Health CARB ................................ .........California Air Resources Board CDFW ................................ ........California Department of Fish and Wildlife CEQA ................................ .........California Environmental Quality Act City ................................ ............City of Menifee County ................................ ......County of Riverside CUL ................................ ...........Cultural Resources EV................................ ..............Electric Vehicle GEO ................................ ...........Geology and Soils HAZ ................................ ...........Hazards HEPA ................................ .........High Efficiency Particulate Air LEED ................................ ..........Leadership in Energy and Environmental Design Item Title: 11.1
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MM ................................ ...........Mitigation Measure Moyer Program……………………………..Carl Moyer Memorial Air Quality Standards Attainment Program MSHCP ................................ ......Multiple Species Habitat Conservation Plan PCC................................ ............Portland Cement Concrete PRD ................................ ...........Permit Registration Documents PRIMP ................................ .......Paleontological Resource Mitigation Program SCAQMD ................................ ...South Coast Air Quality Management District SMARTS ................................ .....Storm Water Multiple Application and Report Tracking System SWPPP ................................ ......Stormwater Pollution Prevention Plan State................................ ..........State of California TDM ................................ ..........Transportation Demand Management VIP ................................ ............Voucher Incentive Program VOC ................................ ...........Volatile Organic Compound WAIRE ................................ .......Warehouse Actions and Investments to Reduce Emissions Program WQMP ................................ ......Water Quality Management Plan XRF ................................ ............X-Ray Fluorescence
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Mitigation Measures Responsibility for
Implementation Timing Responsibility for Monitoring
Monitor
(Signature Required)
(Date of Compliance)
AIR QUALITY
MM AQ-1: The Project applicant shall be required to use paints, architectural coatings, and industrial maintenance coatings that have volatile organic compound levels of less than 10 g/L. All specifications, plans, and/or details necessary to verify compliance shal l be included in the Project's applicable construction drawings. Prior to issuance of a building permit, the City of Menifee Building and Safety Department shall confirm that plans include the following specifications:
• All architectural coatings will be super-compliant low VOC paints. • Recycle leftover paint. Take any leftover paint to a household hazardous waste center; do not mix leftover water -based and oil - based paints.
• Keep lids closed on all paint containers when not in use to prevent VOC emissions and excessive odors.
• For water -based paints, clean up with water only. Whenever possible, do not rinse the cleanup water down the drain or pour it directly into the ground or the storm drain. Set aside the can of cleanup water and take it to the hazardous was te center (www.cleanup.org).
• Use compliant low-VOC cleaning solvents to clean paint application equipment.
• Keep all paint - and solvent -laden rags in sealed containers to prevent VOC emissions.
• Contractors shall construct/build with materials that do not require painting and use pre -painted construction materials to the extent practicable.
• Use high -pressure/low-volume paint applicators with a minimum transfer efficiency of at least 50 percent or other application techniques with equivalent or higher transfer efficiency.
Project Applicant;
Construction
Contractor
Prior to issuance of
building permit
City of Menifee Building and
Safety Division
Item Title: 11.1
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Implementation Timing Responsibility for Monitoring
Monitor
(Signature Required)
(Date of Compliance)
MM AQ -2: The Project's contractors shall be prohibited from idling heavy equipment for more than three minutes and prohibited from being in the “on” position for more than 10 hours per day. The Project's general contractor shall designate an officer to monitor the construction equipment operators on-site for compliance.
Project Applicant;
Construction
Contractor
Ongoing during
construction
City of Menifee Building and
Safety Division
MM AQ -3: All outdoor cargo handling equipment (such as yard trucks, hostlers, yard goats, pallet jacks, and forklifts) shall be zero emission (i.e., powered by electricity or other alternative fuels). The warehouse building shall include the necessary charging stations for cargo handling equipment.
The building manager or their designee shall be responsible for enforcing these requirements.
Project Applicant;
Building Manager
Ongoing, after
issuance of
Certificate of
Occupancy
City of Menifee Building and
Safety Division
MM AQ-4: Prior to the issuance of a tenant occupancy permit, the Community Development Department shall confirm that all truck access gates and loading docks within the project site shall have posted signage posted that states that:
• Truck drivers shall turn off engines when not in use. • Truck drivers shall shut down the engine after three minutes of continuous idling operation (pursuant to City of Menifee’s Industrial Good Neighbor Policies). Once the vehicle is stopped, the transmission is set to “neutral” or “park,” and the parking brake is engaged.
• Telephone numbers of the building facilities manager, the SCAQMD, and CARB to report violations.
• Signs shall also inform truck drivers about the health effects of diesel particulates, the California Air Resources Board diesel idling regulations, and the importance of being a good neighbor by not parking in residential areas.
• The Operator shall designate an officer to monitor trucks on-site for compliance.
• To the extent feasible, the Project shall restrict the turns trucks can make entering and exiting the facility to route trucks away from sensitive receptors by posting sig ns at every truck exit driveway providing directional information to head northbound to Ethanac Road (designated truck route).
Project Applicant Prior to the
issuance of tenant
occupancy permit
City of Menifee Community
Development Department
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Monitor
(Signature Required)
(Date of Compliance)
• Signs and drive aisle pavement markings shall clearly identify the on- site circulation pattern to minimize unnecessary on -site v ehicular travel.
• All signage installed as part of the Project shall be legible, durable, and weather-proof.
BIOLOGICAL RESOURCES
MM BIO-1: If grading or construction activities, including vegetation removal, occurs between February 1st and August 31st, a pre -construction clearance survey for nesting birds should be conducted within three (3) days of the start of any vegetation remov al or ground disturbing activities to ensure that no nesting birds will be disturbed during construction. The results of the survey shall be submitted to the City prior to obtaining a grading permit. The Project Applicant shall ensure that impacts to nesti ng bird species at the Project site and off-site improvement areas are avoided through the implementation of preconstruction surveys, ongoing monitoring, and if necessary, establishment of minimization measures. The Project Applicant shall adhere to the following:
a. Applicant shall designate a biologist (Designated Biologist) experienced in: identifying local and migratory bird species of special concern; conducting bird surveys using appropriate survey methodology; nesting surveying techniques, recognizing b reeding and nesting behaviors, locating nests and breeding territories, and identifying nesting stages and nest success;
determining/establishing appropriate avoidance and minimization measures; and monitoring the efficacy of implemented avoidance and minimization measures.
b. Surveys shall be conducted by the Designated Biologist at the appropriate time of day/night, during appropriate weather conditions, no more than 3 days prior to the initiation of Project activities. Surveys shall encompass all suitable areas including trees, shrubs, bare ground, burrows, cavities, and structures. Survey duration shall take into consideration the size of the Project site; density, and complexity of the habitat; number of survey participants; survey techniques employed; and shall be sufficient to ensure the data collected is complete and accurate. If a nest is suspected, but not confirmed, the Designated Biologist shall Project Applicant;
Qualified Biologist
Prior to ground
disturbance
activities or any
vegetation removal
Biological Monitor
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Monitor
(Signature Required)
(Date of Compliance)
establish a disturbance -free buffer until additional surveys can be completed, or until the location can b e inferred based on observations. If a nest is observed, but thought to be inactive, the Designated Biologist shall monitor the nest for one hour (four hours for raptors during the non -breeding season) prior to approaching the nest to determine status. The Designated Biologist shall use their best professional judgement regarding the monitoring period and whether approaching the nest is appropriate.
c. If an active avian nest is confirmed, the Designated Biologist shall immediately establish a conservative avoidance buffer surrounding the nest (generally 300 feet for migratory and non -migratory songbirds and 500 feet raptors and special-status species) based on their best professional judgement and experience. The Designated Biologist shall monitor the nest at the onset of Project activities, and at the onset of any changes in such Project activities (e.g., increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the Designated Biologist determines that such Project activities may be causing an adverse reaction, the Designated Biologist shall adjust the buffer accordingly or implement alternative avoidance and minimization measures, such as redirecting or rescheduling construction or erecting sound barriers. All work within these buffers will be halted until the nesting effort is finished (i.e., the juveniles are surviving independent from the nest). The onsite qualified biologist will review and verify compliance with these nesting avoidance buffers and will verify the nesting effort has finished. Work can resume within these avoidance areas when no other active nests are found. Upon completion of the survey and nesting bird monitoring, a report shall be prepared and submitted to the City for mitigation monitoring compliance record keeping.
MM BIO-2: The Project Developer shall retain a qualified biologist to conduct a 30-day preconstruction survey for burrowing owl. The results of the single one-day survey shall be submitted to the City prior to obtaining a grading permit. If at any time there is a lapse of Project activities for 30 days or more, another burrowing owl survey shall be conducted and submitted to the City.
Project Applicant;
Qualified Biologist
Prior to ground
disturbance
activities
Biological Monitor;
CDFW (if active burrowing owl
burrows are detected during
the breeding season))
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 267
Menifee Mayor and City Council
February 21, 2024
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1560 of 1711
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City of Menifee 9 November 2023
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(Signature Required)
(Date of Compliance)
If burrowing owl are not detected during the pre -construction survey, no further mitigation is required. If active burrowing owl burr ows are detected during the breeding season, the onsite biologist will review and establish a conservative avoidance buffer surrounding the nest based on their best professional judgment and experience and verify compliance with this buffer and will verify the nesting effort has finished. Work can resume when no other active burrowing owl nesting efforts are observed. If active burrowing owl burrows are detected outside the breeding season, then passive and/or active relocation pursuant to a Burrowing Owl P lan that shall be prepared by the Applicant and approved by the City in consultation with CDFW, or the Project Developer shall stop construction activities within the buffer zone established around the active nest and shall not resume construction activiti es until the nest is no longer active. The Burrowing Owl Plan shall be prepared in accordance with guidelines in the MSHCP. Burrowing owl burrows shall be excavated with hand tools by a qualified biologist when determined to be unoccupied and backfilled to ensure that animals do not reenter the holes/dens.
CULTURAL RESOURCES
MM CUL -1: Prior to the initiation of ground -disturbing activities, field personnel would be alerted to the possibility of buried prehistoric or historic cultural deposits. In the event that field personnel encounter buried cultural materials, work in the immediate vicinity of the find would cease and a qualified archaeologist would be retained to assess the significance of the find. The qualified archaeologist would have the authority to stop (within a certain radius of the find, as determined by the archaeologist) or divert construction excavation as necessary. If the qualified archaeologist finds that any cultural resources present meet eligibility requirements for listing on the California Register of Historical Resources or the National Register of Historic Places, plans for the treatment, evaluation, and mitigation of impacts to the find will need to be developed. Prehistoric or historic cultural materials that may be encountered during ground-disturbing activities include:
• prehistoric flaked -stone artifacts and debitage (waste material), consisting of obsidian, basalt, and or cryptocrystalline silicates; • groundstone artifacts, including mortars, pestles, and grinding slabs; Project Applicant;
Construction
Contractor;
Qualified
Archaeologist
Prior to ground-
disturbance
activities
City of Menifee Building and
Safety Division
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 268
Menifee Mayor and City Council
February 21, 2024
Page
1561 of 1711
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City of Menifee 10 November 2023
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(Signature Required)
(Date of Compliance)
• dark, greasy soil that may be associated with charcoal, ash, bone, shell, flaked stone, groundstone, and fire affected rocks; • human remains;
• historic-period artifacts such as glass bottles and fragments, cans, nails, ceramic and pottery fragments, and other metal objects; • historic-period structural or building foundations, walkways, cisterns, pipes, privies, and other structural elements.
GEOLOGY AND SOILS
MM GEO-1: Incorporation of and compliance with the recommendations in the Project geotechnical Investigation. All grading, construction and operations shall be conducted in conformance with the recommendations included in the Geotechnical Investigation for the Project site prepared by Southern California Geotechnical Inc., specifically the Geotechnical Investigation of Proposed Warehouse East Side of Dawson Road, 330± Feet South of Ethanac Road Menifee, California for Core5 Industrial Partners, dated June 17, 2021. Specific recommendations in the geotechnical investigation address the following and shall be incorporated into the final Project plans and construction-level geotechnical report:
1. Removal of undocumented fill soil s in their entirety and any soils disturbed during site stripping and demolition operations (remedial grading) and replace these materials as compacted structural fill soils.
2. Proper moisture conditioning of all building pad subgrade soils to a moisture co ntent of 2 to 4 percent above the ASTM D -1557 optimum during site grading. In addition to adequately moisture conditioning the subgrade soils and fill soils during grading, special care shall be taken to maintaining moisture content of these soils at 2 to 4 percent above the optimum moisture content. This will require the contractor to frequently moisture condition these soils throughout the grading process, unless grading occurs during a period of relatively wet weather, as determined by the City Engineer.
3. Additional soluble sulfate testing shall be conducted by a qualified geologist at the completion of rough grading and prior to issuance of a building permit to verify the soluble sulfate concentrations of the soils which are present at pad grade within the building area. If soluble sulfate concentrations above 0.10 percent are present, specialized concrete mix Project Applicant;
Project geotechnical
consultant and
general contractor
During construction
activities; Prior to
issuance of grading
permit
City of Menifee Building and
Safety Division; City Engineer
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 269
Menifee Mayor and City Council
February 21, 2024
Page
1562 of 1711
Motte Business Center
Final Environmental Impact Report Mitigation Monitoring and Reporting Program
City of Menifee 11 November 2023
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Monitor
(Signature Required)
(Date of Compliance)
designs shall be required to reduce degradation of concrete which comes into contact with these soils. A qualified geologist will determine the specialized concrete mix for construction, if needed, upon results of lab testing of soluble sulfate soils.
4. Due to the presence of corrosive soils on site for iron and copper piping, polyethylene protection for cast iron or ductile iron pipes shall be required.
5. Demolition of the existing CAB pavements and canopy in the northern region of the site is required. Additionally, any existing improvements that will not remain in place for use with the new development shall be removed in their entirety. This shall inc lude all utilities, and any other subsurface improvements associated with the existing pavements. Debris resultant from demolition shall be disposed of off-site. Alternatively, the existing CAB may be re-used as compacted fill, provided they are cleaned from any debris or organic content, and well mixed with sandy soils.
Mixing CAB with clayey soils is not recommended.
Initial site stripping shall include removal of any surficial vegetation from the unpaved areas of the site. This shall include any weeds, g rasses, shrubs, and trees. Root systems associated with the trees shall be removed in their entirety, and the resultant excavations shall be backfilled with compacted structural fill soils. Any organic materials shall be removed and disposed of off -site, or in non -structural areas of the property. The actual extent of site stripping shall be determined in the field by the geotechnical engineer, based on the organic content and stability of the materials encountered.
6. Remedial grading shall be performed withi n the proposed building area in order to remove the existing undocumented fill soils, any soils disturbed during demolition, and a portion of the near -surface native alluvium. Based on conditions encountered at the boring locations, the existing soils within the proposed building area are recommended to be over-excavated to a depth of at least 3 feet below existing grades and to a depth of at least 3 feet below proposed building pad subgrade elevations, whichever is greater. The depth of the over -excavation shall also extend to a depth sufficient to remove all undocumented fill soils and soils disturbed during site striping and demolition. Within the influence Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 270
Menifee Mayor and City Council
February 21, 2024
Page
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City of Menifee 12 November 2023
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(Signature Required)
(Date of Compliance)
zones of the new foundations, the over -excavation shall extend to a depth of at least 2 feet below proposed foundation bearing grade.
The over-excavation areas shall extend at least 5 feet beyond the building and foundation perimeters, and to an extent equal to the depth of fill placed below the foundation bearing grade, whichever is greater. If the proposed structure incorporates any exterior columns (such as for a canopy or overhang) the area of over -excavation shall also encompass these areas.
Following completion of the over -excavation, the subgrade soils within the building area shall be evaluated by the geotechnical engineer to verify their suitability to serve as the structural fill subgrade, as well as to support the foundation loads of the new structure. This evaluation shall include proof-rolling and probing to identify any soft, loose, or otherwise unstable soils that must be removed. Some localized areas of deeper excavation may be required if additional fill materials or loose, porous, or low-density native soils are encountered at the base of the over - excavation.
After a suitable over -excavation subgrade has been achieved, the exposed soils shall be scarified to a depth of at least 12 inches and moisture conditioned to achieve a moisture content of 2 to 4 percent above optimum moisture content. The subgrade soils s hall then be recompacted to at least 90 percent of the ASTM D -1557 maximum dry density. The building pad area may then be raised to grade with previously excavated soils or imported structural fill..
7. The existing soils within the areas of any proposed retaining walls and site walls shall be over -excavated to a depth of 2 feet below foundation bearing grade and replaced as compacted structural fill as discussed above for the proposed building pad. Any undocumented fill soils or disturbed native alluvium with in any of these foundation areas shall be removed in their entirety. The over-excavation areas shall extend at least 2 feet beyond the foundation perimeters, and to an extent equal to the depth of fill below the new foundations. Any erection pads for tilt -up concrete walls are considered to be part of the foundation system.
Therefore, these over -excavation recommendations are applicable to erection pads. The over -excavation subgrade soils shall be evaluated by the geotechnical engineer prior to scarifying, moisture conditioning to Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 271
Menifee Mayor and City Council
February 21, 2024
Page
1564 of 1711
Motte Business Center
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City of Menifee 13 November 2023
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(Signature Required)
(Date of Compliance)
within 2 to 4 percent above the optimum moisture content, and recompacting the upper 12 inches of exposed subgrade soils. The previously excavated soils may then be replaced as compacted structural fill.
If the full lateral recomme nded remedial grading cannot be completed for the proposed retaining walls and site walls located along property lines, the foundations for those walls shall be designed using a reduced allowable bearing pressure. Furthermore, the contractor shall take necessary precautions to protect the adjacent improvements during rough grading. Specialized grading techniques, such as A-B-C slot cuts, will likely be required during remedial grading. The geotechnical engineer of record shall be contacted if additional recommendations, such as shoring design recommendations, are required during grading.
8. Subgrade preparation in the new flatwork, parking and drive areas shall initially consist of removal of all soils disturbed during stripping and demolition operations.
The geotechnical engineer shall then evaluate the subgrade to identify any areas of additional unsuitable soils. Any such materials shall be removed to a level of firm and unyielding soil. The exposed subgrade soils shall then be scarified to a depth of 12± inc hes, moisture conditioned to 2 to 4 percent above the optimum moisture content, and recompacted to at least 90 percent of the ASTM D -1557 maximum dry density. Based on the presence of variable strength surficial soils throughout the site, it is expected th at some isolated areas of additional over -excavation may be required to remove zones of lower strength, unsuitable soils.
The grading recommendations presented above for the proposed flatwork, parking and drive areas assume that the owner and/or developer can tolerate minor amounts of settlement within these areas.
The grading recommendations presented above do not mitigate the extent of undocumented fill or compressible/collapsible native alluvium in the flatwork, parking and drive areas. As such, some set tlement and associated pavement distress could occur. If the owner cannot tolerate the risk of such settlements, the flatwork, parking and drive areas shall be over -excavated to a depth of 2 feet below proposed pavement subgrade elevation, with the resulti ng soils replaced as compacted structural fill.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 272
Menifee Mayor and City Council
February 21, 2024
Page
1565 of 1711
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City of Menifee 14 November 2023
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(Signature Required)
(Date of Compliance)
9. Fill soils shall be placed in thin (6± inches), near-horizontal lifts, moisture conditioned (or air dried) to 2 to 4 percent above the optimum moisture content, and compacted.
a. On-site soils may be used for fi ll provided they are cleaned of any debris to the satisfaction of the geotechnical engineer. b. All grading and fill placement activities shall be completed in accordance with the requirements of the latest CBC and the grading code of the City of Menifee.
c. All fill soils shall be compacted to at least 90 percent of the ASTM D- 1557 maximum dry density. Fill soils shall be well mixed. d. Compaction tests shall be performed periodically by the geotechnical engineer as random verification of compaction and moisture co ntent. These tests are intended to aid the contractor.
Since the tests are taken at discrete locations and depths, they may not be indicative of the entire fill and therefore shall not relieve the contractor of his responsibility to meet the job specifications.
10. All imported structural fill shall consist of very low expansive (EI < 20), well graded soils possessing at least 10 percent fines (that portion of the sample passing the No. 200 sieve).
11. All utility trench backfill shall be compacted to at least 90 p ercent of the ASTM D -1557 maximum dry density. As an alternative, a clean sand (minimum Sand Equivalent of 30) may be placed within trenches and compacted in place (jetting or flooding is not recommended). Compacted trench backfill shall conform to the req uirements of the local grading code, and more restrictive requirements may be indicated by the City of Menifee. All utility trench backfills shall be witnessed by the geotechnical engineer. The trench backfill soils shall be compaction tested where possible; probed and visually evaluated elsewhere.
12. Utility trenches which parallel a footing, and extending below a 1h:1v (horizontal to vertical) plane projected from the outside edge of the footing shall be backfilled with structural fill soils, compacted to at least 90 percent of the ASTM D -1557 standard. Pea gravel backfill should not be used for these trenches.
13. Any soils used to backfill voids around subsurface utility structures, such as manholes or vaults, shall be placed as compacted structural fill. If it is Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 273
Menifee Mayor and City Council
February 21, 2024
Page
1566 of 1711
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City of Menifee 15 November 2023
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Monitor
(Signature Required)
(Date of Compliance)
not practical to place compacted fill in these areas, then such void spaces may be backfilled with lean concrete slurry.
Additional site testing and final design evaluation shall be conducted by the Project geotechnical consultant to refine and enhance these requirements.
The Project Applicant/Developer shall require the Project geotechnical consultant to assess whether the requirements in that report need to be modified or refined to address any changes in the Project features that occur prior to the s tart of grading. If the Project geotechnical consultant identifies modifications or refinements to the requirements, the Project Applicant/Developer shall require appropriate changes to the final Project design and specifications. Design, grading, and cons truction shall be performed in accordance with the requirements of the City of Menifee Municipal Code and the California Building Code applicable at the time of grading, appropriate local grading regulations, and the requirements of the Project geotechnica l consultant as summarized in a final written report, subject for review by the City of Menifee City Engineer, or designee, prior to commencement of grading activities.
Grading plan review shall also be conducted by the City of Menifee City Engineer or designee prior to the start of grading to verify that the requirements developed during the geotechnical design evaluation have been appropriately incorporated into the Project plans. Design, grading, and construction shall be conducted i n accordance with the specifications of the Project Geotechnical Consultant as summarized in a final report based on the California Building Code applicable at the time of grading and building, and the City of Menifee’s Municipal Code. On -site inspection during grading shall be conducted by the Project geotechnical consultant and the City of Menifee City Engineer, or designee, to ensure compliance with geotechnical specifications as incorporated into project plans. Prior to final of grading permits, the Pro ject geotechnical engineer shall submit a Final Testing and Observation Geotechnical Report for Rough Grading to the City of Menifee City Engineer, or designee.
MM GEO-2: Prior to issuance of grading permits, the Applicant/Developer will retain a qualified paleontologist to create and implement a Paleontological Resource Mitigation Program (PRIMP). The project paleontologist would review the grading plan and conduct any pre-construction work necessary to render appropriate monitoring and mitigation requirements, to be Project Applicant;
Qualified
Paleontologist
Prior to issuance of
grading permit
City of Menifee Building and
Safety Division
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 274
Menifee Mayor and City Council
February 21, 2024
Page
1567 of 1711
Motte Business Center
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City of Menifee 16 November 2023
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(Signature Required)
(Date of Compliance)
documented in the PRIMP. The P RIMP would be submitted to the City for review and approval prior to issuance of a grading permit. Information contained in the PRIMP shall minimally include:
1. Description of the project site and proposed grading operations.
2. Description of the level of moni toring required for earth -moving activities.
3. Identification and qualifications of the paleontological monitor to be employed during earth moving.
4. Identification of personnel with authority to temporarily halt or divert grading to allow recovery of large specimens.
5. Direction for fossil discoveries to be reported to the developer and the City.
6. Means and methods to be employed by the paleontological monitor to quickly salvage fossils to minimize construction delays.
7. Sampling methods for sediments that are likely to contain small fossil remains, if any.
8. Procedures and protocol for collecting and processing of samples and specimens, as necessary.
9. Fossil identification cataloged and curated into the permanent collections of a scientific institution.
10. Identification of the repository to receive fossil material.
11. All pertinent maps and exhibits.
12. Procedures for reporting of findings.
13. Acknowledgment of the developer for content of the PRIMP and acceptance of financial responsibility for monitoring, reporting, and curation.
GREENHOUSE GAS EMISSIONS
MM GHG -1: Prior to issuance of tenant occupancy permits, the Project applicant shall be required to install a minimum 192 kwdc solar photovoltaic (PV) system or offset an equivalent amount of energy demand through the purchase of renewable energy or implementation o f alternative renewable measures, subject to approval by the Community Development Director or his/her designee. To allow future operators to earn WAIRE Program points pursuant to SCAQMD’s Rule 2305, the exact timing of the PV system installation may be modified at the discretion of the Community Development Project Applicant Prior to issuance of
tenant occupancy
permit or
determined by
Community
Development
Director or his/ her
designee
Project Owner and/or
Operator;
City of Menifee Building and
Safety Division
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 275
Menifee Mayor and City Council
February 21, 2024
Page
1568 of 1711
Motte Business Center
Final Environmental Impact Report Mitigation Monitoring and Reporting Program
City of Menifee 17 November 2023
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Implementation Timing Responsibility for Monitoring
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(Signature Required)
(Date of Compliance)
Director or his/her designee. The final PV generation facility size requires approval by Southern California Edison (SCE). SCE’s Rule 21 governs operating and metering requirements for any facility conn ected to SCE’s distribution system. Should SCE limit the off -site export, the Project may utilize a battery energy storage system (BESS) to lower off -site export while maintaining on - site renewable generation to off -set consumption. The building shall incl ude an electrical system and other infrastructure sufficiently sized to accommodate the PV arrays. The electrical system and infrastructure must be clearly labeled with noticeable and permanent signage.
In addition, to ensure that the Project’s electrical room(s) is sufficiently sized to accommodate the potential need for additional electrical panels, either (1) a secondary electrical room shall be provided in the building, or (2) the primary electrical room shall be sized 25 percent larger than is required to satisfy the service requirements of the building or the electrical gear shall be installed with the initial construction with 25 percent excess demand capacity.
MM GHG-2: Prior to issuance of tenant occupancy permits, Project operators with more than 100 employees shall prepare and submit to the Community Development Director or designee, a Transportation Demand Management (TDM) program detailing strategies that would reduce the use of single - occupant vehicles by employees by increasing the number of trips by walking, bicycle, carpool, vanpool, and transit. The TDM shall include, but is not limited to the following:
• Provide a transportation information center and on -site TDM coordinator to educate residents, employers, employees, and visitors of surrounding transportation options.
• Incorporate bicycle parking and storage, and self -service bicycle repair areas.
• Provide on-site meal options in employee break areas as well as kitchen amenities to prepare and/or heat meals.
• Provide a ride -matching service (e.g., bulletin boards, website, smartphone application) to connect carpool participants and provide preferential parking for rideshare vehicles to support carpool/vanpool/rideshare transportation modes.
Project Operator Prior to issuance of
tenant occupancy
permit
City of Menifee Building and
Safety Division or Community
Development Director or
designee
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 276
Menifee Mayor and City Council
February 21, 2024
Page
1569 of 1711
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(Date of Compliance)
• Post Riverside Transit Agency schedules in conspicuous areas. • Reference Riverside Transit Agency schedules when creating employees’ operating schedules.
MM GHG-3: Prior to the issuance of building permits and prior to issuance of tenant occupancy permits, the City of Menifee Building and Safety Division shall confirm that the Project does not include cold storage equipment for warehousing purposes. Cold storage was not included in the analysis for the EIR and is therefore prohibited.
Project Applicant Prior to issuance of
building permits
and tenant
occupancy permits
City of Menifee Building and
Safety Division
MM GHG -4: The facility operator shall provide tenants with an information packet that:
• Provides information on incentive programs, such as the Carl Moyer Memorial Air Quality Standards Attainment Program (Moyer Program), and other similar funding opportunities, by providing applicable literature available from the California Air Resources Board (CARB). The Moyer Program On - Road Heavy-Duty Vehicles Voucher Incentive Program (VIP) provides funding to individuals seeking to purchase new or used vehicles with 2013 or l ater model year engines to replace an existing vehicle that is to be scrapped. • Provides information on the United States Environmental Protection Agency’s SmartWay program and tenants shall be encouraged to use carriers that are SmartWay carriers.
Project Applicant;
Project Operator
Prior to issuance of
tenant occupancy
permit
City of Menifee Building and
Safety Division
MM GHG-5: Prior to issuance of Certificate of Occupancy, the Project shall be required to provide 20 percent of the employee parking stalls on -site as "EV ready," with all necessary conduit and related appurtenances installed. Five percent of the EV ready parking stalls s hall have Level 2 Quickcharge EV charging stations installed and operational. Signage shall be installed indicating EV charging stations/stalls and specifying stalls that are reserved for clean air/EV vehicles.
Project Applicant Prior to issuance of
Certificate of
Occupancy
City of Menifee Building and
Safety Division
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 277
Menifee Mayor and City Council
February 21, 2024
Page
1570 of 1711
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City of Menifee 19 November 2023
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Monitor
(Signature Required)
(Date of Compliance)
MM GHG-6: The development shall divert a minimum of 75 percent of landfill waste during operation. Prior to issuance of certificate of tenant occupancy permits, a recyclables collectio n and load area shall be constructed in compliance with City of Menifee standards for Recyclable Collection and Loading Areas, and the facility’s operator shall be required to provide the City with a copy of the Project’s recycling program. This mitigation measure applies only to tenant permits and not the building shell approvals.
Project Applicant;
Project operator
Prior to issuance of
certificate of tenant
occupancy
City of Menifee Building and
Safety Division
MM GHG -7: Prior to the issuance of building permits, building plans shall identify the location of future electric truck charging stations (minimum of three) and install conduit to those spaces.
Project Applicant Prior to issuance of
building permit
City of Menifee Building and
Safety Division
MM GHG -8: Prior to the issuance of tenant occupancy permits, the Project applicant shall submit a report to the City of Menifee Building and Safety Division demonstrating total natural gas consumption from the Project will not exceed 10,000,000 kBTU/year.
Project Applicant Prior to issuance of
tenant occupancy
permits
City of Menifee Building and
Safety Division
HAZARDS AND HAZARDOUS MATERIALS
MM HAZ -1: Soil Management Plan (SMP). Prior to issuance of a grading permit or trenching or subsurface excavation for utilities or roadway infrastructure, the Master Developer, or Site Developer shall retain a qualified environmental professional to prepare a SMP that de tails procedures and protocols for on -site management of soils containing potentially hazardous materials. The purpose of the SMP is to outline protocol for ensuring the proper handling and/or disposal of impacted soil and/or subsurface features of concern that may be encountered during site development. The SMP shall be submitted to the City’s Building and Safety Department for review and approval prior to commencement of trenching or subsurface excavation for utilities or roadway infrastructure.
The SMP shall include, but not be limited to:
• Land use history, including description and locations of known contamination;
• The nature and extent of previous investigations and remediation at the site;
• Identified areas of concern at the site, in relation to propos ed activities;
Project Applicant Prior to issuance of
grading permit;
prior to ground-
disturbance
activities
City of Menifee Building and
Safety Division
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 278
Menifee Mayor and City Council
February 21, 2024
Page
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• A listing and description of institutional controls, such as applicable City ordinances and other local, state, and federal regulations and laws that would apply to the project;
• Names and positions of individuals involved with soils management and their specific role;
• An earthwork schedule;
• Requirements for site-specific Health and Safety Plans (HSPs) to be prepared by all contractors at the project site. The HSP should be prepared by a Certified Industrial Hygienist and would protect on - site workers by including engineering controls, personal protective equipment, monitoring, and security to prevent unauthorized entry and to reduce construction related hazards. The HSP should address the possibility of encountering subsurface hazards incl uding hazardous waste contamination and include procedures to protect workers and the public;
• Hazardous waste determination and disposal procedures for known and previously unidentified contamination, including those associated with any soil export activities, if applicable; • Requirements for site specific techniques at the site to minimize dust, manage stockpiles, run on and run-off controls, waste disposal procedures, etc.; and
• Copies of relevant permits or closures from regulatory agencies.
HYDROLOGY AND WATER QUALITY
MM HYD-1: Prior to commencing grading, the Project Applicant shall comply with applicable construction water quality regulations including the NPDES General Construction Permit, which shall be obtained from the Regional Water Quality Control Board. This process requires that the applicant electronically submit Permit Registration Doc uments (PRDs) prior to commencement of construction activities in the Storm Water Multiple Application and Report Tracking System (SMARTS). PRDs consist of the Notice of Intent, Risk Assessment, Post -Construction Calculations, a Site Map, the Project Applicant Prior to grading
activity
City of Menifee Building and
Safety Division;
RWQCB; City Engineering
Department
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 279
Menifee Mayor and City Council
February 21, 2024
Page
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City of Menifee 21 November 2023
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(Signature Required)
(Date of Compliance)
Stormwater Po llution Prevention Plan (SWPPP), a signed certification statement by the Legally Responsible Person, and the first annual fee.
The required SWPPP must be submitted to the City of Menifee Engineering Department for review and approval, identifying specific actions and Best Management Practices (BMPs) to prevent stormwater pollution during construction activities. The SWPPP shall identify a practical sequence for BMP implementation, site restoration, contingency measures, responsible parties, and agency conta cts. The SWPPP shall include but not be limited to the following elements:
A. Compliance with the requirements of the State of California’s most current Construction Stormwater Permit.
B. Temporary erosion control measures shall be implemented on all disturbed areas.
C. Disturbed surfaces shall be treated with erosion control measures during the October 15 to April 15 rainy season.
D. Sediment shall be retained on-site by a system of sediment basins, traps, or other BMPs.
E. The construction contractor shall prepare Sta ndard Operating Procedures for the handling of hazardous materials on the construction site to eliminate discharge of materials to storm drains.
F. BMP performance and effectiveness shall be determined either by visual means where applicable (e.g., observatio n of above -normal sediment release), or by actual water sampling in cases where verification of contaminant reduction or elimination (such as inadvertent petroleum release) is required by the Santa Ana RWQCB to determine adequacy of the measure.
G. In the event of significant construction delays or delays in final landscape installation, native grasses or other appropriate vegetative cover shall be established on the construction site as soon as possible after disturbance, as an interim erosion control measure throughout the duration of construction.
H. Prior to the issuance of the first grading permit, the Project Applicant shall submit the Final Tentative Parcel Map that includes the water quality BMPs for approval by the City of Menifee Engineer. The City of Me nifee Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 280
Menifee Mayor and City Council
February 21, 2024
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Motte Business Center
Final Environmental Impact Report Mitigation Monitoring and Reporting Program
City of Menifee 22 November 2023
Mitigation Measures Responsibility for
Implementation Timing Responsibility for Monitoring
Monitor
(Signature Required)
(Date of Compliance)
Engineer shall ensure that all applicable water quality standards are met before approving the SWPPP.
MM HYD-2: The Project Applicant shall prepare a Final Project-Specific Water Quality Management Plan (WQMP) with Operations and Maintenance (O&M) Plan for submittal together with the associated grading and improvement plans which must be approved prior to the issua nce of a building or grading permit. These documents shall be prepared in accordance with applicable City (Menifee) and County (Riverside) water quality requirements, for review and approval by the City of Menifee Engineering Department, including the following:
▪ Site Design Best Management Practices (BMPs)
▪ Source Control BMPs
▪ Treatment Control BMPs
▪ BMP Sizing
▪ Equivalent Treatment Control Alternatives
▪ Regionally-Based Treatment Control BMPs
▪ O&M Responsibility for Treatment Control BMPs
Project Applicant Prior to issuance of
building or grading
permits
City of Menifee Building and
Safety Division;
County of Riverside
MM HYD-3: Prior to issuance of off-site grading permits, off-site grading plans, and final drainage study shall demonstrate compliance with applicable City drainage plans and, design guidelines including but not limited to City of Menifee Municipal Code Chapter 8.26 Grading Regulations and at the discretion of the City Engineer/Public Works Director.
Project Applicant Prior to issuance of
grading permits
City of Menifee Building and
Safety Division or City of
Menifee Engineering
Department
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 281
Menifee Mayor and City Council
February 21, 2024
Page
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RESOLUTION NO. 23-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MENIFEE, CALIFORNIA APPROVING TENTATIVE PARCEL MAP NO.
38432 (PLN22-0114) TO COMBINE EIGHT PARCELS INTO ONE
PARCEL, AND PLOT PLAN NO. PLN22-0115 FOR THE
CONSTRUCTION OF ONE CONCRETE TILT-UP BUILDING TOTALING
1,138,638 SQUARE FEET INCLUDING 10,000 SQUARE FEET OF
OFFICE, 928,638 SQUARE FEET OF GROUND FLOOR WAREHOUSE
AND 200,000 SQUARE FEET OF MEZZANINE SPACE ON
APPROXIMATELY 43.94 NET ACRES LOCATED IN THE MENIFEE
NORTH SPECIFIC PLAN, PLANNING AREA 2.
WHEREAS, on May 6, 2022, the applicant, Core5 Industrial Partners, LLC (“Applicant”), filed a formal application with the City of Menifee for the approval of Tentative Parcel Map (“TPM”) No. 38432 (PLN22-0114) to combine eight parcels (APNs 331-150-036, 331-150-037, 331-150-039, 331-150-040, 331-150-041, 331-150-042, 331- 150-044, 331-150-045) into one parcel for a total of 46.33 gross acres and 43.94 net- acres, and Plot Plan (“PP”) No. PLN22-0115 for the construction of one concrete tilt-up building totaling 1,138,638 square feet including 10,000 square feet of office, 928,638 square feet of ground floor warehouse and 200,000 square feet of mezzanine space, a structural height of approximately 50 feet, 616 automobile parking spaces, 284 truck trailer parking spaces, 128 dock doors, site lighting, and landscaping. The Project site is generally located east of Dawson Road, west of Antelope Road, south of Ethanac Road, and north of McLaughlin Road; and
WHEREAS, collectively, all the applications are referred to as the “Project” or “Menifee Commerce Center”; and
WHEREAS, Conditions of Approval for TPM No. 38432 and PP No. PLN22-0115 have been prepared and attached hereto as Exhibit “A” of the resolution; and WHEREAS, on December 13, 2023, the Planning Commission of the City of Menifee held a public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for the Project including the consideration of the Final Environmental Impact Report (“FEIR”), which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, notices placed on the Project site, notice to property owners and non-owner residents within 400 feet of the Project boundaries, notice to all relevant agencies and to persons requesting notification; and WHEREAS, all other legal prerequisites to the adoption of this resolution have occurred.
NOW, THEREFORE, the Planning Commission of the City of Menifee resolves as follows:
Section 1: The City of Menifee’s Planning Commission hereby makes the following findings for TPM No. 38432 (PLN22-0114) in accordance with Title 7, Article 2, Chapter
7.20.090 “Findings for Approval for Tentative Maps” of the City of Menifee Subdivision Code:
Finding 1 - The proposed subdivision and the design and improvements of the Item Title: 11.1
Motte Business Center Appeal
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7 subdivision is consistent with the Development Code, General Plan, any applicable specific plan, and the Menifee Municipal Code.
The Project site is designated Specific Plan (“SP”), according to the City of Menifee General Plan. The proposed TPM would combine APNs 331- 150-036, 331-150-037, 331-150-039, 331-150-040, 331-150-041, 331- 150-042, 331-150-044, 331-150-045 into one parcel totaling 46.33 gross acres and 43.94 net acres to accommodate the development of the site.
The majority of the Project site is vacant and undeveloped. Two of the existing parcels contain a scaffold business, which is expected to vacate the site by January 31, 2024. Street access to the site is provided via Antelope Road and Dawson Road. These roadways would provide the necessary fire access roads. The Project meets the requirements of the Development Code, General Plan, and the Menifee North SP.
Furthermore, staff has reviewed and conditioned the subdivision for consistency with subdivision ordinance requirements for lot sizes and dimensions, streets, domestic water, fire protection, sewage disposal, and other applicable requirements. The subdivision is consistent with the Subdivision Ordinance requirements.
Finding 2 - The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will be of an adequate size to sustain their agricultural use.
The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965.
Finding 3 - The site is physically suitable for the type of development and the proposed land use of the development.
The proposed Project includes the proposal for a tentative parcel map; the subject site is relatively flat and does not contain steep slopes or other features that would be incompatible with the proposed development. The surrounding area is also relatively flat. The Project site has a natural drainage pattern to the southwest. The Project proposes to preserve the existing drainage pattern. Therefore, the site is physically suitable for the type of development and the proposed land use of the site.
The Project has been reviewed by various Departments to ensure compliance with applicable regulations, including, but not limited to City of Menifee Community Development Department, Engineering and Public Works Department, Police Department, and the Office of the Fire Marshal. These Departments have provided conditions of approval as appropriate to ensure compliance with applicable regulations.
Finding 4 - The design of the subdivision and the proposed improvements, with conditions of approval, are either:
1. Not likely to cause significant environmental damage or substantially and avoidable injure fish or wildlife or their habitat; Item Title: 11.1
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7 or
2. Subject to an environmental impact report under which a finding has been made pursuant to Public Resources Code Section 21081(a)(3) that specific economic, social, or other
considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report.
Pursuant to the California Environmental Quality Act (“CEQA”), an Environmental Impact Report (“EIR”) was prepared for the Project. In the EIR, it was found that with implementation of mitigation measures, the proposed Project would not result in any significant impacts related to biological resources such as plant and animal species or their habitat. A Mitigation Monitoring and Reporting Plan (“MMRP”) was prepared and identifies all mitigation measures that will be required for the Project.
Biological reports were conducted to determine sensitive plant and animal species onsite and applicable mitigation measures included in the EIR were included for their protection. The EIR also includes additional reports to determine consistency with the Western Riverside County Multiple Species Habitat Conservation Plan (“WR-MSHCP”) such as
riparian/riverine areas, vernal pools, narrow endemic plant species, burrowing owl, and fairy shrimp. Review and mitigation coordination occurred with the applicable state and federal wildlife agencies.
The WR-MSHCP does not identify any covered or special-status fish species as potentially occurring on the Project site. Further, no fish or hydrogeomorphic features (e.g., perennial creeks, ponds, lakes, reservoirs) that would provide suitable habitat for fish were observed on or within the vicinity of the Project site. Therefore, no fish are expected to occur and are presumed absent from the Project site. In addition, the EIR discusses amphibians, reptiles, birds, mammals, and invertebrates. Any significant impacts associated with biological resources have been mitigated to less than significant. In addition, standard conditions of approval pertaining to Stephens Kangaroo Rat and cultural resources still apply in this case and shall be addressed as part of standard monitoring in the Conditions of Approval. As such, the subdivision will not cause environmental damage or injure fish, wildlife, or their habitat.
The Motte Business Center EIR (State Clearinghouse No. 2022120083) has been completed for the Project and certified by the Planning Commission pursuant to a separate resolution. The tentative parcel map at issue is consistent with the EIR, which the Planning Commission has considered as part of its proceedings.
Finding 5 - The design of the subdivision and the type of improvements are not likely to cause serious public health problems.
The proposed subdivision is being proposed concurrently with PP No.
PLN22-0115. The Project has been reviewed and conditioned by the City of Menifee Community Development, Engineering, and Police Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 284
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February 21, 2024
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7 Departments, as well as the Office of the Fire Marshal to ensure that it will not create conditions materially detrimental to the surrounding uses. In addition, environmental impacts resulting from the implementation of the Project and associated subdivision have been analyzed in the EIR. The EIR determined that potential impacts would all be less than significant with the necessary mitigation incorporated, except for significant and unavoidable impacts to Greenhouse Gas Emissions. A Statement of Overriding Considerations (“SOOC”) is included for the EIR stating that the impacts of the project are outweighed by the benefits of the project.
With the exception of the environmental category (Greenhouse Gas Emissions), the proposed entitlements are not anticipated to create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the Project vicinity.
Finding 6 - The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible.
This tentative parcel map would create one parcel for construction of an industrial building pursuant to PP No. PLN22-0115. The Project will be designed with passive or natural heating opportunities such as solar amenities. Energy efficiency/energy conservation attributes of the Project would be complemented by increasingly stringent state and federal regulatory actions addressing enhanced building/utilities energy efficiencies mandated under California building codes (e.g., California Code of Regulations Title 24, including requirements for energy efficiency, thermal insulation, and solar panels and California Green Building Standards Code). Compliance itself with applicable Title 24 standards would ensure that the Project energy demands would not be inefficient, wasteful, or otherwise unnecessary.
Finding 7 - The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided.
The subdivision makes provisions for all existing and future easements for all utilities and public use purposes to avoid any conflict.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 285
Menifee Mayor and City Council
February 21, 2024
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7 Finding 8 - The subdivision is consistent with the City’s parkland dedication requirements (per the Quimby Act) as applicable, in accordance with Chapter 7.75 (Parkland Dedication and fees).
This Project is for the subdivision of a proposed industrial development and does not include residential units. For this reason, no Quimby Act fees or dedications are required.
Section 2: The City of Menifee’s Planning Commission hereby makes the following findings for PP No. PLN22-0115 in accordance with Title 9, Article 2, Chapter 9.80.70, “Findings for Approval for Plot Plans” of the City of Menifee Comprehensive Development Code:
Finding 1 - The proposed design and location of the Plot Plan is consistent with the adopted General Plan and any applicable specific plan.
The Project site has a General Plan land use designation of SP which is intended to recognize areas where an existing specific plan is in place and to provide policies, standards and criteria for the development or redevelopment of these areas. All development and design standards of the Menifee North SP have been uniformly applied to the entirety of the Project, and therefore the Project is consistent with the General Plan.
In addition, the Project is consistent with the following City of Menifee General Plan policies:
•LU-1.1: Concentrate growth in strategic locations to help preserve rural areas, create place and identity, provide infrastructure efficiently, and foster the use of transit options.
The proposed industrial Project is in close proximity (approximately 3/4 mile) to the I-215 freeway interchange at Ethanac Road. The location is well suited for industrial development to promote easily accessible routes for employees and delivery personnel and the location helps concentrate activity and development near the major transit corridors of the City as opposed to the rural areas or traveling through residential areas.
•LU-1.5: Support development and land use patterns, where appropriate, that reduce reliance on the automobile and capitalize on multimodal transportation opportunities.
The Project’s infrastructure improvements include new roadways, roadway widening, and intersection improvements such as traffic signals and turn lanes, bike lanes, and sidewalks. All of these improvements will help promote multimodal transportation opportunities for employees and residents surrounding the Project site.
•CD-3.12: Utilize differing but complementary forms of architectural styles and designs that incorporate representative characteristics of a given area.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 286
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February 21, 2024
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7 The proposed industrial project utilizes industrial architecture which focuses on efficiency for processing goods and products. The building is designed to prioritize employee safety and functionality.
Nonetheless, the building is still designed to meet Menifee North SP architectural guidelines as well as City of Menifee Design Guidelines such as building form, roof form, massing and articulation, materials and colors, windows, doors, and entries.
•CD-3.14 Provide variations in color, texture, materials, articulation, and architectural treatments. Avoid long expanses of blank, monotonous walls or fences.
The architecture of the Project incorporates varied colors, recesses, material changes, varied roof lines, wall plane changes, accent materials, and other architectural treatments that break up wall areas to avoid long expanses of blank, monotonous walls. Screen walls have also been designed to incorporate architectural elements from the building for compatibility. Additionally, densely landscaped berms are proposed to reduce the visual height of the walls from the public right of way and to provide a visually pleasing street scene.
Finding 2 - The proposed project meets all applicable standards for development and provisions of this title.
Per section 9.80.020 “Applicability” of the Development code, new construction of non-residential projects of more than 2,500 square feet of floor area requires the processing of a PP. The PP is for the site and architectural review, to allow for the construction of one 1,138,638 square foot building.
The Project was reviewed against the City’s Development Code and the Menifee North Specific Plan. The design of the Project is consistent with the development standards of the Development Code where not detailed in the Specific Plan. Therefore, the proposed design and location of the PP meets all applicable standards of development and operation of the City’s Zoning Code, including any applicable specific use regulations.
Finding 3 - The establishment, maintenance, or operation of the proposed project will not be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the City.
To ensure that the Project would not affect the general health, safety and/or welfare of the community, an EIR was prepared to analyze potential impacts to the surrounding persons residing or working in the community. The EIR examined the Project including planning, construction and operation and determined that potential impacts would all be less than significant with the necessary mitigation incorporated, except for significant and unavoidable impacts to Greenhouse Gas Emissions. A SOOC is included for the EIR stating that the impacts of the project are outweighed by the benefits of the project. With the exception of these environmental categories (Greenhouse Gas Emissions) the Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 287
Menifee Mayor and City Council
February 21, 2024
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December 13, 2023
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7 proposed entitlements are not anticipated to create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the Project vicinity.
In addition, the Project incorporates quality architecture and landscaping which will enhance the surrounding area. The Project has been reviewed by a variety of Departments to ensure compliance with applicable regulations, including, but not limited to City of Menifee Community Development, Engineering and Public Works, Office of the Fire Marshall, Police, Riverside County Environmental Health, Eastern Municipal Water District, Riverside County Flood Control District, California Department of Transportation, California Fish and Wildlife, and United States Department of Fish and Wildlife Resources. These Departments have provided conditions of approval as appropriate to ensure compliance with applicable regulations.
NOW THEREFORE, the Planning Commission of the City of Menifee hereby approves the following:
1. That the Planning Commission determine that the “Findings” set out above are true and correct.
2. That the Planning Commission determine that the environmental review has been completed for the Project in accordance with State and local laws, and CEQA guidelines.
3. That the Planning Commission, pursuant to a separate resolution, finds that the facts presented within the public record provide the basis to certify the Motte Business Center FEIR, adopt the Findings of Fact and a SOOC, and MMRP, which have been completed for the project.
4. That the Planning Commission finds that the facts presented within the public record and within the Planning Commission resolution provide the basis to approve TPM No. 38432 (PLN22-0114) and PP No. PLN22-0115, and that the Planning Commission approve said entitlements.
5. The documents and materials that constitute the record of proceedings on which this resolution has been based are located at the Community Development Department – Planning Division, 29844 Haun Road, Menifee, CA 92586. This information is provided in compliance with Public Resources Code section 21081.6.
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 288
Menifee Mayor and City Council
February 21, 2024
Page
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Motte Business Center
December 13, 2023
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7 PASSED, APPROVED AND ADOPTED this 13th day of December, 2023.
Jeff LaDue, Chairman
Attest:
Rachel Valencia, Administrative Assistant
Approved as to form:
Thai Phan, Assistant City Attorney
Item Title: 11.1
Motte Business Center Appeal
Item Page Number: 289
Menifee Mayor and City Council
February 21, 2024
Page
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