On August 20, 2024, staff issued Request for Proposal (RFP) No. 2025-1 for sound and stage equipment rental services. The services include but are not limited to stage, sound, and lighting equipment rental as well as any labor associated with these services.
The City received three qualifying proposals from the following firms:
• GrooveLabs, LLC.
• PCE Events Activated
• Rhythm Tech Productions, LLC.
An evaluation committee consisting of City staff evaluated the submittals. As part of the City’s RFP process, and as stated in the criteria set forth in RFP 2025-1, the firms were evaluated based on experience/qualification, reference review, cost proposal and the quality of responsiveness of the proposal. All the tabulated results from the evaluations are listed in Table 1 below.
TABLE 1 – RFP EVALUATION SUMMARY
Firm Name
Evaluation
Score
Interview
Score
PCE Events Activated 89.00 84.33
Rhythm Tech Productions, LLC 82.67 79.67
GrooveLabs, LLC 77.00 -
Following the evaluation process, interviews, and reference checks, staff determined that PCE Events Activated and Rhythm Tech Productions were both qualified to provide the services.
Considering the Community Services Department hosts over 30 citywide special events across various locations, staff is recommending that an agreement is executed with each vendor to ensure appropriate services are available for each event as needed. Prior to each event, staff would solicit quotes from each vendor and would proceed with the vendor who has the availability to perform the required services and provide the required equipment for the most competitive price.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
The fiscal impact of the proposed agreements for the remainder of FY 2024/2025 is not-to-exceed $42,710. Funding for the first year of the proposed agreements is available within the FY 2024/2025 budget, under professional services for Community Services Recreation within the General Fund (1100-CSD-RECR-652800).
If awarded, the aggregate amount purchased from both vendors collectively would not exceed $42,710 for FY2024/25 and $68,710 annually thereafter. While individual agreements not-toexceed $68,710 would be issued per year, it is anticipated that total expenses per year between the vendors would not exceed $68,710.
Item Title: 10.14 Master Agreements with PCE and Rhythm Tech Productions for On Call Sound and Stage Equipment Rental Services
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Agreements Sound and Stage Equipment Rental Services
November 20, 2024
Future fiscal years would be funded in the corresponding fiscal year’s budget. If each of the three renewals are exercised, the total contract amount is not-to-exceed $248,840 per vendor, however, it is anticipated that total expenses for the life of the contract will not exceed $248,840 for these total services.
ATTACHMENTS
1. Master Agreement – PCE
2. Master Agreement – Rhythm Tech Productions, LLC
Item Title: 10.14 Master Agreements with PCE and Rhythm Tech Productions for On Call Sound and Stage Equipment Rental Services
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CITY OF MENIFEE
MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES FOR SOUND
AND STAGE EQUIPMENT RENTAL SERVICES
THIS MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES (“Agreement”) is made and effective this ______ day of __________, 2024 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and BAR NONE GROUP, INC DBA PCE, a California Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. GENERAL PROVISIONS.
1.1 Purpose. The purpose of this Agreement is to authorize Consultant to provide oncall services to City through purchase orders issued by the City Manager or designees (each a “Purchase Order”) for privately funded and City projects which are exempt from bidding requirements for public contracting, subject to the terms and conditions herein (the “Services”).
1.2 No Guaranteed Work. The Parties acknowledge that this Agreement serves as a master services agreement to establish Consultant as an approved consultant which may perform Services for the City pursuant to Purchase Order(s) issued in the discretion of the City Manager.
This Agreement does not guarantee that Consultant will be issued any work from City, or any particular amount of work, including for any Services. By entering into this Agreement Consultant is obtaining the ability to receive Purchase Orders from the City Manager, and the City is obtaining the ability to issue Purchase Orders without a requirement for subsequent City Council approval.
1.3 Term. This Agreement shall become effective on November 20, 2024, and shall end on June 30, 2025 (“Initial Term”). Upon termination of the Initial Term, this Agreement shall automatically renew for one (1) additional one (1) year term (“First Renewal Term”). Upon termination of the First Renewal Term, if it occurs, this Agreement shall automatically renew for one (1) additional one (1) year term (“Second Renewal Term”). Upon termination of the Second Renewal Term, if it occurs, this Agreement shall automatically renew for one (1) additional one (1) year term (“Third Renewal Term”), None of the renewal terms provided hereunder shall occur if the term of this Agreement is otherwise terminated or extended as provided for in Section
7. The word “term” shall refer to the Initial Term and any renewal term which actually occurs.
The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, unless otherwise terminated or extended by the Parties pursuant to the terms of this Agreement.
1.4 Termination. The City may terminate this Agreement at any time with or without cause by providing written notice to Consultant. The City may terminate this Agreement for any reason, including but not limited to the lack of budget allocation for the Services.
1.5 Contract Administrator. Nancy Rodriguez, Management Analyst II (“Contract Administrator”) is the City’s primary contact representative for the purposes of this Agreement.
Consultant shall contact the Contract Administrator for all communications related to this Agreement. City may change the Contract Administrator upon written notification to Consultant.
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Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or designee.
1.6 Consultant Representative. Ryan Steidinger, Chief Executive Officer is Consultant’s primary contact representative for the purposes of this Agreement. City shall contact the Consultant Representative for all communications related to this Agreement. Consultant may change the Consultant Representative upon written notification to City. Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement.
1.7 Notices. Any written notice to Consultant shall be sent to:
BAR NONE GROUP, INC DBA PCE
Attn: Ryan Steidinger, Chief Executive Officer
9677 DISTRIBUTION AVE.
SAN DIEGO, CA 92121
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Nancy Rodriguez, Management Analyst II
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
SECTION 2. SERVICES.
2.1 Purchase Orders. Consultant agrees to furnish Services pursuant to Purchase Order(s) issued by the City Manager in the form attached hereto as Exhibit “A” which is attached hereto and incorporated herein by this reference. In no event shall compensation for Services exceed the “not to exceed” compensation amount set forth in the Purchase Order.
2.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
2.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services. In the event that City, in its sole discretion, at any time during the term of Item Title: 10.14 Master Agreements with PCE and Rhythm Tech Productions for On Call Sound and Stage Equipment Rental Services
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this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
2.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
2.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of a Purchase Order.
2.6 Warranty. By executing this Agreement, Consultant warrants that Consultant has thoroughly investigated and considered the Services, has considered how they should be performed, and fully understands the facilities, difficulties, and restrictions applicable to performance of the Services.
2.7 Facilities and Equipment. Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the Services. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 3. COMPENSATION.
3.1 For purposes of compensation due to Consultant under this Agreement, Consultant is hereby advised that this Agreement is connected with another Professional Services Agreement by and between City and Rhythm Tech Productions, LLC (the “Rhythm Tech Agreement”).
3.2 Not to Exceed Compensation. Consultant shall be compensated for the Services and any approved reimbursable expenses as set forth in the relevant Purchase Order, and in no event shall City’s compensation to Consultant for a Purchase Order exceed the amount set forth therein. Compensation pursuant to this Agreement shall be at the rates set forth in the City’s Rate Schedule, attached hereto and incorporated herein by this reference as Exhibit “B” (“Rate Schedule”). The compensation set forth in the Purchase Order represents total compensation payable to Consultant without limitation to compensation for salary, overhead, benefits, fees, or other costs incurred by Consultant in performance of the Purchase Order.
In no event shall the aggregate compensation between this Agreement and the Rhythm Tech Agreement exceed the following amounts:
a. Initial Term: Forty Two Thousand Seven Hundred Ten Dollars and Zero Cents ($42,710.00)
b. First Renewal Term: Sixty Eight Thousand Seven Hundred Ten Dollars and Zero Cents ($68,710.00)
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c. Second Renewal Term: Sixty Eight Thousand Seven Hundred Ten Dollars and Zero Cents ($68,710.00)
d. Third Renewal Term: Sixty Eight Thousand Seven Hundred Ten Dollars and Zero Cents ($68,710.00)
3.3 Invoicing. Upon completion of a Purchase Order, or monthly for Purchase Orders involving Services performed over periods of longer than one (1) month, Consultant shall submit invoices to City based on the Services performed and any reimbursable expenses approved by City in writing. Invoices shall comply with the City’s “Invoicing Requirements” attached as Exhibit “C” hereto and incorporated herein by this reference, and shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original Purchase Order amount, the amount of prior billings, the total due this period, the balance available under the Purchase Order, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
h. Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
3.4 Payment. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
3.5 Payment Holds. City may withhold payment of any invoice for Services not satisfactorily performed until such Services are performed to City’s satisfaction at no extra cost to City. City may hold payments reasonably in dispute under this Agreement until resolution of the dispute.
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3.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
3.7 Payment Upon Termination. In the event City or Consultant terminates this Agreement, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for preapproved reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date. City may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
SECTION 4. INDEMNIFICATION.
4.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of this Agreement, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
4.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
4.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 4 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 4.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.
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4.4 Limitation of Indemnification. The provisions of this Section 4 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 4 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
4.5 Legal Requirements Related to Indemnification. If any applicable law would render any of the requirements of this Section 4 void or unenforceable, the requirements hereunder shall be construed to the greatest scope and applicability permitted by applicable law.
SECTION 5. INSURANCE.
5.1 Insurance Required. As a condition of entering into this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified below.
Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other insureds.
a. Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code.
Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. b. Commercial General and Automobile Liability Insurance. i) General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
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ii) Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
iii) Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an
accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting
provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
c. Professional Liability Insurance.
i) General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
ii) Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services. b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be
submitted to City prior to the commencement of the Services under this Agreement.
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5.2 Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California.
5.3 Continuation of Insurance. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.
5.4 Additional Insured. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
5.5 Subcontractors’ Insurance. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract pursuant to this Agreement until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City.
5.6 Deductibles and Self-insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
5.7 Verification of Coverage. Prior to execution of this Agreement, Consultant shall furnish City with complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The name and address for endorsements and other insurance related matters is: City of Menifee, 29844 Haun Road, Menifee, CA 92586.
5.8 Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies Item Title: 10.14 Master Agreements with PCE and Rhythm Tech Productions for On Call Sound and Stage Equipment Rental Services
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is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
5.9 Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected. The Contractor Administrator may, but is not required to approve in writing the submission of certificates of insurance in lieu of policy copies, in which case the Certificate of Insurance must include the following reference: City of Menifee:
Master Agreement for Professional On Call Services.
5.10 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services and assignment of personnel pursuant to Section 2.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services. The personnel performing the Services on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided Purchase Orders, City shall not pay salaries, wages, or other compensation to Consultant for performing Services. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
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SECTION 7. LEGAL REQUIREMENTS.
7.1 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.2 Prevailing Wages. The Parties have determined that prevailing wage laws do not apply to this Agreement because the Services do not include construction, alteration, demolition, installation, or repair work or are otherwise exempt under California’s prevailing wage laws (Lab.
Code, § 1720 et seq.). Notwithstanding the foregoing, it is agreed by the Parties that, in connection with performance of this Agreement, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, and/or any other similar law. Section 4, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing under this Agreement to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.3 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.4 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or Item Title: 10.14 Master Agreements with PCE and Rhythm Tech Productions for On Call Sound and Stage Equipment Rental Services
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impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.
7.5 Amendments. The Parties may amend this Agreement and/or any Purchase Order only by a writing signed by all the Parties. The City Manager shall have the authority to execute amendments to this Agreement and any Purchase Order which extend the time for performance or modify the Services to be provided. Extensions of the time for performance of Services does not entitle Consultant to additional compensation to the compensation initially provided in the applicable Purchase Order.
7.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
7.7 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services; and/or d. Charge Consultant the difference between the cost to complete the Services described in the relevant Purchase Order that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 3 if Consultant had completed the Services.
SECTION 8. KEEPING AND STATUS OF RECORDS.
8.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, Item Title: 10.14 Master Agreements with PCE and Rhythm Tech Productions for On Call Sound and Stage Equipment Rental Services
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files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
8.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
8.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges or expenditures and disbursements charged to City for Services under this Agreement, if any for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
8.4 Inspection and Audit of Records. Any records or documents that Section 8.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 9. MISCELLANEOUS PROVISIONS.
9.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Item Title: 10.14 Master Agreements with PCE and Rhythm Tech Productions for On Call Sound and Stage Equipment Rental Services
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Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
9.2 Applicable Law, Venue. The laws of the State of California shall govern this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
9.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
9.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
9.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
9.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
9.7 Rights and Remedies. The rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
9.8 Integration. This Agreement, including the Exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. In the event of a conflict between this Agreement and any of the Exhibits, this Agreement shall control.
9.9 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
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9.10 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
9.11 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
9.12 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
9.13 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
9.14 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
9.15 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for any Services performed hereunder.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Stephanie Roseen, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Brandon Domercq, CFO
Ryan Steidinger, CEO
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A.
EXHIBIT A
FORM OF PURCHASE ORDER
This form of Purchase Order is provided for an example only, and none of the fields set forth herein are guaranteed for any particular Services. The fields of each Purchase Order will vary based on the Services required. In no event shall the aggregate compensation between this Agreement and the Rhythm Tech Agreement exceed the following amounts:
a. Initial Term: Forty Two Thousand Seven Hundred Ten Dollars and Zero Cents ($42,710.00)
b. First Renewal Term: Sixty Eight Thousand Seven Hundred Ten Dollars and Zero Cents ($ 68,710.00)
c. Second Renewal Term: Sixty Eight Thousand Seven Hundred Ten Dollars and Zero Cents ($68,710.00)
d. Third Renewal Term: Sixty Eight Thousand Seven Hundred Ten Dollars and Zero Cents ($ 68,710.00)
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19338568.2 a10/04/23 EXHIBIT B.
EXHIBIT B
RATE SCHEDULE
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19338568.2 a10/04/23 EXHIBIT B.
The City events that will require sound and stage services include but are not limited to the following:
Christmas Tree Lighting
Memorial Day Celebration
Independence Celebration
Menifee Moonlight Market
Fall Festival
Dia De Los Muertos
Veteran’s Day Celebration
MINIMUM REQUIREMENTS
Including but not limited to:
Provide staging, lighting, and audio equipment specified by event, as needed visual lighting rental equipment which may include but is not limited to the following:
Staging equipment - Vendors are to provide staging rental and setup equipment which may include but is not limited to the following:
▪ Mobile Stage Truss and rigging support
▪ Risers
▪ Stage guard rails
▪ Stage skirt
▪ Handrails
▪ Stair unit with railing
▪ ADA compliant ramp
▪ Stage Technician
Audio/visual and lighting equipment - Vendors are to provide audio and visual lighting rental equipment which may include but is not limited to the following:
▪ Large sound system with associated speakers and ramp
▪ Audio mixers and signal distribution boxes
▪ Microphones
▪ Video Cameras
▪ At minimum one (1) 10.5’x18.5’ screen and associated projector and two (2)
8.5’x15.5’ screens and associated projectors
▪ Concert lighting system
▪ HDMI convertors
▪ Spider box with cord
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o Provide personnel to set-up and teardown all rental equipment ▪ Setup will occur the day of event. Removal must occur immediately after event. o Technology and technical support throughout the entire event. ▪ Audio visual technical support
▪ Lighting technical support
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19338568.2 a10/04/23 EXHIBIT C.
EXHIBIT C
INVOICING REQUIREMENTS
As a government agency, the City of Menifee is responsible for monitoring all executed contract expenditures to ensure all expenses are within the approved contract budget, as well as monitor all work completed to ensure the scope of work requirements are being met on the approved contract timeline. At any time, project developers may request to view the invoices for their project and ask questions of City staff for items billed. To assist City staff and project developers, several items will be required to be submitted with each invoice in order to clearly and concisely standardize the information presented on all invoices provided by contracted consultants.
Details of the contract fiscal information are to be presented within each invoice as a chart. This chart will have all tasks listed with task numbers/sub-numbers, the amount due on the current invoice for each task, the amount that was previously charged to each task, and the total amount billed to each task, as in the example below:
In addition, a full work detail will be included in each invoice. This detail will identify the name and title of the person who conducted the work, the task number/sub-number that was worked on, specific duties completed, date of work, number of hours, cost per hour, and total amount due, as in the example below:
These details will be required on all future invoices submitted.
PROJECT NAME CIP or TRACT
NO.
IP / IS No. PURCHASE
ORDER NO.
PURCHASE
ORDER VALUE
CURRENT
AMOUNT DUE
PREVIOUS
AMOUNT
BILLED
TOTAL BILLED
TO DATE
Sumac Ridge PM37668 IS22-019 04123 $ 50,000.00 $ 5,700.00 $ 10,000.00 $ 15,700.00 Underwood
Park
TM29835-2 IS21-032 04043 $ 35,000.00 $ 7,850.00 $ - $ 7,850.00 Talavera TM29777 IP15-084 03999 $ 17,500.00 $ 2,500.00 $ 15,000.00 $ 17,500.00 TOTAL AMOUNT DUE FOR THIS INVOICE: $ 16,050.00
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CITY OF MENIFEE
MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES FOR SOUND
AND STAGE EQUIPMENT RENTAL SERVICES
THIS MASTER AGREEMENT FOR PROFESSIONAL ON CALL SERVICES (“Agreement”) is made and effective this ______ day of __________, 2024 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and RHYTHM TECH PRODUCTIONS, LLC., a California Limited Liability Company (LLC) (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. GENERAL PROVISIONS.
1.1 Purpose. The purpose of this Agreement is to authorize Consultant to provide oncall services to City through purchase orders issued by the City Manager or designees (each a “Purchase Order”) for privately funded and City projects which are exempt from bidding requirements for public contracting, subject to the terms and conditions herein (the “Services”).
1.2 No Guaranteed Work. The Parties acknowledge that this Agreement serves as a master services agreement to establish Consultant as an approved consultant which may perform Services for the City pursuant to Purchase Order(s) issued in the discretion of the City Manager.
This Agreement does not guarantee that Consultant will be issued any work from City, or any particular amount of work, including for any Services. By entering into this Agreement Consultant is obtaining the ability to receive Purchase Orders from the City Manager, and the City is obtaining the ability to issue Purchase Orders without a requirement for subsequent City Council approval.
1.3 Term. This Agreement shall become effective on November 20, 2024, and shall continue until June 30, 2025 (“Initial Term”). Upon termination of the Initial Term, this Agreement shall automatically renew for one (1) additional one (1) year term (“First Renewal Term”). Upon termination of the First Renewal Term, if it occurs, this Agreement shall automatically renew for one (1) additional one (1) year term (“Second Renewal Term”). Upon termination of the Second Renewal Term, if it occurs, this Agreement shall automatically renew for one (1) additional one (1) year term (“Third Renewal Term”), None of the renewal terms provided hereunder shall occur if the term of this Agreement is otherwise terminated or extended as provided for in Section 7. The word “term” shall refer to the Initial Term and any renewal term which actually occurs. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, unless otherwise terminated or extended by the Parties pursuant to the terms of this Agreement.
1.4 Termination. The City may terminate this Agreement at any time with or without cause by providing written notice to Consultant. The City may terminate this Agreement for any reason, including but not limited to the lack of budget allocation for the Services.
1.5 Contract Administrator. Nancy Rodriguez, Management Analyst II (“Contract Administrator”) is the City’s primary contact representative for the purposes of this Agreement.
Consultant shall contact the Contract Administrator for all communications related to this Agreement. City may change the Contract Administrator upon written notification to Consultant.
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Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or designee.
1.6 Consultant Representative. Tyrone Jackson, Owner/Sole Proprietor is Consultant’s primary contact representative for the purposes of this Agreement. City shall contact the Consultant Representative for all communications related to this Agreement. Consultant may change the Consultant Representative upon written notification to City. Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement.
1.7 Notices. Any written notice to Consultant shall be sent to:
RHYTHM TECH PRODUCTIONS, LLC.
Attn: Tyrone Jackson, Owner/Sole Proprietor
264 N. Pennsylvania Ave.
Colton, CA 92324
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Nancy Rodriguez, Management Analyst II
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
SECTION 2. SERVICES.
2.1 Purchase Orders. Consultant agrees to furnish Services pursuant to Purchase Order(s) issued by the City Manager in the form attached hereto as Exhibit “A” which is attached hereto and incorporated herein by this reference. In no event shall compensation for Services exceed the “not to exceed” compensation amount set forth in the Purchase Order.
2.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
2.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services. In the event that City, in its sole discretion, at any time during the term of Item Title: 10.14 Master Agreements with PCE and Rhythm Tech Productions for On Call Sound and Stage Equipment Rental Services
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this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
2.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
2.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of a Purchase Order.
2.6 Warranty. By executing this Agreement, Consultant warrants that Consultant has thoroughly investigated and considered the Services, has considered how they should be performed, and fully understands the facilities, difficulties, and restrictions applicable to performance of the Services.
2.7 Facilities and Equipment. Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the Services. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 3. COMPENSATION.
3.1 For purposes of compensation due to Consultant under this Agreement, Consultant is hereby advised that this Agreement is connected with another Professional Services Agreement by and between City and Bar None Group, Inc. DBA PCE (the “PCE Agreement”).
3.2 Not to Exceed Compensation. Consultant shall be compensated for the Services and any approved reimbursable expenses as set forth in the relevant Purchase Order, and in no event shall City’s compensation to Consultant for a Purchase Order exceed the amount set forth therein. Compensation pursuant to this Agreement shall be at the rates set forth in the City’s Rate Schedule, attached hereto and incorporated herein by this reference as Exhibit “B” (“Rate Schedule”). The compensation set forth in the Purchase Order represents total compensation payable to Consultant without limitation to compensation for salary, overhead, benefits, fees, or other costs incurred by Consultant in performance of the Purchase Order.
In no event shall the aggregate compensation between this Agreement and the PCE Agreement exceed the following amounts:
a. Initial Term: Forty Two Thousand Seven Hundred Ten Dollars and Zero Cents ($42,710.00)
b. First Renewal Term: Sixty Eight Thousand Seven Hundred Ten Dollars and Zero Cents ($68,710.00)
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c. Second Renewal Term: Sixty Eight Thousand Seven Hundred Ten Dollars and Zero Cents ($68,710.00)
d. Third Renewal Term: Sixty Eight Thousand Seven Hundred Ten Dollars and Zero Cents ($68,710.00)
3.3 Invoicing. Upon completion of a Purchase Order, or monthly for Purchase Orders involving Services performed over periods of longer than one (1) month, Consultant shall submit invoices to City based on the Services performed and any reimbursable expenses approved by City in writing. Invoices shall comply with the City’s “Invoicing Requirements” attached as Exhibit “C” hereto and incorporated herein by this reference, and shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original Purchase Order amount, the amount of prior billings, the total due this period, the balance available under the Purchase Order, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
h. Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
3.4 Payment. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
3.5 Payment Holds. City may withhold payment of any invoice for Services not satisfactorily performed until such Services are performed to City’s satisfaction at no extra cost to City. City may hold payments reasonably in dispute under this Agreement until resolution of the dispute.
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3.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
3.7 Payment Upon Termination. In the event City or Consultant terminates this Agreement, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for preapproved reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date. City may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
SECTION 4. INDEMNIFICATION.
4.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of this Agreement, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
4.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
4.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 4 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 4.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.
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4.4 Limitation of Indemnification. The provisions of this Section 4 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 4 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
4.5 Legal Requirements Related to Indemnification. If any applicable law would render any of the requirements of this Section 4 void or unenforceable, the requirements hereunder shall be construed to the greatest scope and applicability permitted by applicable law.
SECTION 5. INSURANCE.
5.1 Insurance Required. As a condition of entering into this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified below.
Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other insureds.
a. Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code.
Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. b. Commercial General and Automobile Liability Insurance. i) General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
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ii) Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
iii) Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an
accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting
provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
c. Professional Liability Insurance.
i) General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
ii) Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services. b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be
submitted to City prior to the commencement of the Services under this Agreement.
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5.2 Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California.
5.3 Continuation of Insurance. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.
5.4 Additional Insured. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
5.5 Subcontractors’ Insurance. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract pursuant to this Agreement until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City.
5.6 Deductibles and Self-insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
5.7 Verification of Coverage. Prior to execution of this Agreement, Consultant shall furnish City with complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The name and address for endorsements and other insurance related matters is: City of Menifee, 29844 Haun Road, Menifee, CA 92586.
5.8 Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies Item Title: 10.14 Master Agreements with PCE and Rhythm Tech Productions for On Call Sound and Stage Equipment Rental Services
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is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
5.9 Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected. The Contractor Administrator may, but is not required to approve in writing the submission of certificates of insurance in lieu of policy copies, in which case the Certificate of Insurance must include the following reference: City of Menifee:
Master Agreement for Professional On Call Services.
5.10 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services and assignment of personnel pursuant to Section 2.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services. The personnel performing the Services on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided Purchase Orders, City shall not pay salaries, wages, or other compensation to Consultant for performing Services. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
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SECTION 7. LEGAL REQUIREMENTS.
7.1 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.2 Prevailing Wages. The Parties have determined that prevailing wage laws do not apply to this Agreement because the Services do not include construction, alteration, demolition, installation, or repair work or are otherwise exempt under California’s prevailing wage laws (Lab.
Code, § 1720 et seq.). Notwithstanding the foregoing, it is agreed by the Parties that, in connection with performance of this Agreement, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, and/or any other similar law. Section 4, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing under this Agreement to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.3 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.4 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or Item Title: 10.14 Master Agreements with PCE and Rhythm Tech Productions for On Call Sound and Stage Equipment Rental Services
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impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.
7.5 Amendments. The Parties may amend this Agreement and/or any Purchase Order only by a writing signed by all the Parties. The City Manager shall have the authority to execute amendments to this Agreement and any Purchase Order which extend the time for performance or modify the Services to be provided. Extensions of the time for performance of Services does not entitle Consultant to additional compensation to the compensation initially provided in the applicable Purchase Order.
7.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
7.7 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services; and/or d. Charge Consultant the difference between the cost to complete the Services described in the relevant Purchase Order that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 3 if Consultant had completed the Services.
SECTION 8. KEEPING AND STATUS OF RECORDS.
8.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, Item Title: 10.14 Master Agreements with PCE and Rhythm Tech Productions for On Call Sound and Stage Equipment Rental Services
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files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
8.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
8.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges or expenditures and disbursements charged to City for Services under this Agreement, if any for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
8.4 Inspection and Audit of Records. Any records or documents that Section 8.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 9. MISCELLANEOUS PROVISIONS.
9.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Item Title: 10.14 Master Agreements with PCE and Rhythm Tech Productions for On Call Sound and Stage Equipment Rental Services
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Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
9.2 Applicable Law, Venue. The laws of the State of California shall govern this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
9.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
9.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
9.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
9.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
9.7 Rights and Remedies. The rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
9.8 Integration. This Agreement, including the Exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. In the event of a conflict between this Agreement and any of the Exhibits, this Agreement shall control.
9.9 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
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9.10 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
9.11 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
9.12 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
9.13 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
9.14 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
9.15 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for any Services performed hereunder.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Stephanie Roseen, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Michelle Beckwith, Office Manager
Deisy Jackson, Accounts Payable
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A.
EXHIBIT A
FORM OF PURCHASE ORDER
This form of Purchase Order is provided for an example only, and none of the fields set forth herein are guaranteed for any particular Services. The fields of each Purchase Order will vary based on the Services required. In no event shall the aggregate compensation between this Agreement and the PCE Agreement exceed the following amounts:
a. Initial Term: Forty Two Thousand Seven Hundred Ten Dollars and Zero Cents ($42,710.00)
b. First Renewal Term: Sixty Eight Thousand Seven Hundred Ten Dollars and Zero Cents ($ 68,710.00)
c. Second Renewal Term: Sixty Eight Thousand Seven Hundred Ten Dollars and Zero Cents ($68,710.00)
d. Third Renewal Term: Sixty Eight Thousand Seven Hundred Ten Dollars and Zero Cents ($ 68,710.00)
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19338568.2 a10/04/23 EXHIBIT B.
EXHIBIT B
RATE SCHEDULE
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19338568.2 a10/04/23 EXHIBIT B.
The costs for FY24/25 are expected to remain within the annual maximum compensation limits outlined in Section 3, as certain events have already occurred during FY24/25.
The Parties acknowledge that a total of Nineteen Thousand Seven Hundred Dollars and Zero Cents ($19,700.00) of the amount quoted below has already been paid for services already performed pursuant to separate purchase orders and are not subject to this Agreement. Of the amount quoted below, a remainder of Twenty Five Thousand Three Hundred Dollars and Zero Cents ($25,300.00) is subject to this Agreement.
Item Title: 10.14 Master Agreements with PCE and Rhythm Tech Productions for On Call Sound and Stage Equipment Rental Services
Item Page Number: 45
Menifee Mayor and City Council November 20, 2024 Page 350 of 2294 2905/031858-0001
19338568.2 a10/04/23 EXHIBIT B
Item Title: 10.14 Master Agreements with PCE and Rhythm Tech Productions for On Call Sound and Stage Equipment Rental Services
Item Page Number: 46
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Item Title: 10.14 Master Agreements with PCE and Rhythm Tech Productions for On Call Sound and Stage Equipment Rental Services
Item Page Number: 47
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Item Title: 10.14 Master Agreements with PCE and Rhythm Tech Productions for On Call Sound and Stage Equipment Rental Services
Item Page Number: 48
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19338568.2 a10/04/23 EXHIBIT B
The City events that will require sound and stage services include but are not limited to the following:
Christmas Tree Lighting
Memorial Day Celebration
Independence Celebration
Menifee Moonlight Market
Fall Festival
Dia De Los Muertos
Veteran’s Day Celebration
MINIMUM REQUIREMENTS
Including but not limited to:
Provide staging, lighting, and audio equipment specified by event, as needed visual lighting rental equipment which may include but is not limited to the following:
Staging equipment - Vendors are to provide staging rental and setup equipment which may include but is not limited to the following:
▪ Mobile Stage Truss and rigging support
▪ Risers
▪ Stage guard rails
▪ Stage skirt
▪ Handrails
▪ Stair unit with railing
▪ ADA compliant ramp
▪ Stage Technician
Audio/visual and lighting equipment - Vendors are to provide audio and visual lighting rental equipment which may include but is not limited to the following:
▪ Large sound system with associated speakers and ramp
▪ Audio mixers and signal distribution boxes
▪ Microphones
▪ Video Cameras
▪ At minimum one (1) 10.5’x18.5’ screen and associated projector and two (2)
8.5’x15.5’ screens and associated projectors
▪ Concert lighting system
▪ HDMI convertors
▪ Spider box with cord
o Provide personnel to set-up and teardown all rental equipment ▪ Setup will occur the day of event. Removal must occur immediately after event.
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Item Page Number: 49
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o Technology and technical support throughout the entire event. ▪ Audio visual technical support
▪ Lighting technical support
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Item Page Number: 50
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19338568.2 a10/04/23 EXHIBIT C.
EXHIBIT C
INVOICING REQUIREMENTS
As a government agency, the City of Menifee is responsible for monitoring all executed contract expenditures to ensure all expenses are within the approved contract budget, as well as monitor all work completed to ensure the scope of work requirements are being met on the approved contract timeline. At any time, project developers may request to view the invoices for their project and ask questions of City staff for items billed. To assist City staff and project developers, several items will be required to be submitted with each invoice in order to clearly and concisely standardize the information presented on all invoices provided by contracted consultants.
Details of the contract fiscal information are to be presented within each invoice as a chart. This chart will have all tasks listed with task numbers/sub-numbers, the amount due on the current invoice for each task, the amount that was previously charged to each task, and the total amount billed to each task, as in the example below:
In addition, a full work detail will be included in each invoice. This detail will identify the name and title of the person who conducted the work, the task number/sub-number that was worked on, specific duties completed, date of work, number of hours, cost per hour, and total amount due, as in the example below:
These details will be required on all future invoices submitted PROJECT NAME CIP or TRACT
NO.
IP / IS No. PURCHASE
ORDER NO.
PURCHASE
ORDER VALUE
CURRENT
AMOUNT DUE
PREVIOUS
AMOUNT
BILLED
TOTAL BILLED
TO DATE
Sumac Ridge PM37668 IS22-019 04123 $ 50,000.00 $ 5,700.00 $ 10,000.00 $ 15,700.00 Underwood
Park
TM29835-2 IS21-032 04043 $ 35,000.00 $ 7,850.00 $ - $ 7,850.00 Talavera TM29777 IP15-084 03999 $ 17,500.00 $ 2,500.00 $ 15,000.00 $ 17,500.00 TOTAL AMOUNT DUE FOR THIS INVOICE: $ 16,050.00
Item Title: 10.14 Master Agreements with PCE and Rhythm Tech Productions for On Call Sound and Stage Equipment Rental Services
Item Page Number: 51
Menifee Mayor and City Council November 20, 2024 Page 356 of 2294
CITY OF MENIFEE
SUBJECT: Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project
MEETING DATE: November 20, 2024
TO: Mayor and City Council
PREPARED BY: Carlos Geronimo, Engineering Manager
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 7 to the Professional Services Agreement with T.Y. Lin International, for the Holland Road / I-215 Overcrossing, Capital Improvement Program (CIP), Project No. CIP 13-03, increasing the compensation by $15,000, for a total amount not-to-exceed $2,586,667 and to extending the term through June 30, 2025.
DISCUSSION
The Holland Road / I-215 Overcrossing, Capital Improvement Program (CIP) Project No. CIP 13- 03 (“Project”) is a four-lane bridge over I-215 from Haun Road to Hanover Lane providing a connection to the City’s east and west sides. Construction of the Project required installation of mechanically stabilized earth retaining walls on the east side, improvements to drainage, irrigation, landscaping, and the installation of traffic signals on Holland Road at Haun Road and Hanover Lane. On October 22, 2024, the Project was substantially completed and opened for public use. In order to close out the Project, there are a few remaining items to be completed which are anticipated to continue over the next two months and include irrigation, landscaping, and electrical work.
On April 16, 2014, the City Council approved a Professional Services Agreement (PSA) with T.Y.
Lin International (“Consultant”) to provide civil design, plans, specifications, and estimate (PS&E) services for the Project. Throughout the duration of the Project, several preceding amendments to the original PSA have been necessary to accommodate unanticipated costs associated with the Consultant’s scope of work. Unforeseen site conditions and additional requirements imposed by external agencies are often experienced as a project of this magnitude progresses, which may result in expanding the original scope of work and extending a projects timeline. Details of each prior amendment are outlined in Table 1 on the following page.
Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 1
Menifee Mayor and City Council November 20, 2024 Page 357 of 2294 City of Menifee Staff Report
CIP13-03 T.Y. LIN Amendment No. 7
November 20, 2024
TABLE 1 – AGREEMENT ACTIVITY SUMMARY
PSA Activity Approval Date Summary of Changes Value
Original Contract April 16, 2014 Civil engineering design services $1,766,130 Amendment No. 1 April 14, 2016 Utility conflicts, drainage & PS&E revisions per Caltrans standards $95,100
Amendment No. 2 July 18, 2018
Permit Engineering Evaluation
Report prep, right-of-way data
sheets, engineering & coordination
$276,960
Amendment No. 3 May 1, 2019 Term extension only $0
Amendment No. 4 September 1, 2021
Extensive regulatory agency plan
comments per updated design
codes, additional surveying
$280,928
Amendment No. 5 May 4, 2022 Recycled water irrigation plans and water utility relocations $77,390
Amendment No. 6 October 4, 2023 Additional construction engineering to address unforeseen conflicts $75,159
Amendment No. 7 Pending Approval Additional design services to address changed field conditions $15,000
TOTAL $2,586,667
Since the original plans for the Project were approved, several changes in field conditions have occurred which require additional engineering and design services. The Consultant’s proposed cost for the additional work would be $12,509, which staff determined to be reasonable. However, to accommodate additional unanticipated costs and prevent further delay, staff recommend increasing the Consultant’s PSA by $15,000, for a total PSA amount not-to-exceed $2,586,667, to ensure the Consultant completes their scope of work and closes out the Project. Additional details of the Consultant’s efforts to revise the civil and electrical plans under Amendment No. 7 would include:
1. Civil Plans: Revise plans at the intersection of Holland and Hanover. Since the Project construction began in 2022, a new multi-family residential development located at the northeast corner of this intersection was completed. The developer constructed frontage improvements which were not included in the original Project plans.
2. Electrical Plans: Changes to the Southern California Edison interconnect locations in the field due to relocated utility conflicts require revising existing electrical plan sheets.
The PSA term would be extended through June 30, 2025, to allow the Consultant adequate time to complete the required efforts and to properly close out the Project with the California Department of Transportation (CalTrans).
Pursuant to Menifee Municipal Code §3.12.090, amendments or change orders in the amount greater than 10% of the original agreement amount, or that exceed the City Manager’s signing authority, shall be approved by the City Council.
Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 2
Menifee Mayor and City Council November 20, 2024 Page 358 of 2294 City of Menifee Staff Report
CIP13-03 T.Y. LIN Amendment No. 7
November 20, 2024
STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility
FISCAL IMPACT
The fiscal impact of the proposed Amendment No. 7 with the Consultant is $15,000, increasing the total Contract value to $2,586,667. Funding for the proposed Amendment No. 7 is available in the fiscal year 2024/2025 budget within the Road and Bridge Benefit District (RBBD) Fund (2415-PWD-CIPS-760000), as summarized in Table 2 below.
TABLE 2 – PROJECT BUDGET
Fund Project String No. Available Budget Anticipated Cost RBBD CIP13-03.2415.DES.CAE $287,584.03 $15,000.00
ATTACHMENTS
1. Project Location Map
2. Amendment No. 7
3. Original PSA
4. Amendment No. 1
5. Amendment No. 2
6. Amendment No. 3
7. Amendment No. 4
8. Amendment No. 5
9. Amendment No. 6
Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 3
Menifee Mayor and City Council November 20, 2024 Page 359 of 2294 215
Ajilwood Ct
Willowood Way
Blossomwood Ct
Fruitwood Dr
Antelope Rd
Sunwood Pl
Aspenwood Way
Hanover Ln
Green Fores t
D
r
Albion Ln
Larchwood St
Ha
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n
Rd
Copyright nearmap 2015
215
Haun Rd
Holland Rd
La Piedra Rd
Menifee
Rd
Antelope Rd
Bradley Rd
Newport Rd
Project Site
0 0.06 0.12
MilesË
Path: E:\Standard_Maps\Engineering_PW\Holland_Overpass_Location_Map\Holland_Overpass_Location_Map.aprx Date: 10/18/2021 Holland Rd & I-215 Overpass / Interchange (CIP 13-03)
Project Location Map
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Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 4
Menifee Mayor and City Council November 20, 2024 Page 360 of 2294 AMENDMENT NO. 7 TO
PROFESSIONAL SERVICES AGREEMENT
ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES ON THE HOLLAND RD/I-215 BRIDGE OVERCROSSING PROJECT, CIP NO. 13-03 This is Amendment No. 7 (“Amendment ”) to that certain Professional Services Agreement (“Agreement”) made on April 16, 2014 between the City of Menifee (“City”) and T.Y. LIN INTERNATIONAL (“Consultant”) for ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES ON THE HOLLAND RD/I-215 BRIDGE OVERCROSSING PROJECT, CIP NO. 13-03 as amended by that certain Change Order to the Agreement entered into on April 14, 2016 (“Amendment No. 1”), and that certain Amendment No.2 to the Agreement entered into on July 18, 2018 (“Amendment No. 2”), and that certain Amendment No. 3 entered into on May 1, 2019 (“Amendment No. 3”), and that certain Amendment No. 4 is entered into on September 1, 2021 (“Amendment No. 4”), and that certain Amendment No. 5 is made and entered into on May 4, 2022 (“Amendment No. 5”), and that certain Amendment No. 6 is made and entered into on October 11, 2023 (“Amendment No. 6”), which this Amendment No. 7 is made and entered into on ______________, 2024 to extend the term of the Agreement, increase the compensation amount, and augment the scope of services as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 7 shall have the meanings ascribed to them in the Agreement.
Section 1.1, “Term of Services” is amended to read as follows:
1.1 Term of Services. The term of this Agreement shall begin on the April 16, 2014 and shall end on June 30, 2025 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8.
The time provided to Contractor to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.
2. SECTION 2, “Compensation” is amended to increase the maximum compensation by Fifteen Thousand Dollars and Zero Cents ($15,000.00), and is amended to read as follows:
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed Two Million Five Hundred Eighty Six Thousand Six Hundred Sixty Seven Dollars and Zero Cents ($2,586,667.00) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 5
Menifee Mayor and City Council November 20, 2024 Page 361 of 2294 AMENDMENT NO. 7 TO
PROFESSIONAL SERVICES AGREEMENT
ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES ON THE HOLLAND RD/I-215 BRIDGE OVERCROSSING PROJECT, CIP #13-03 invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
3. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:
SCOPE OF SERVICES
Consultant shall provide ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES ON THE HOLLAND RD/I-215 BRIDGE OVERCROSSING PROJECT, CIP #13-03 in the amount not to exceed Two Million Five Hundred Eighty Six Thousand Six Hundred Sixty Seven Dollars and Zero Cents ($2,586,667.00) as further detailed in the following page(s).
4. All other terms and conditions of the Agreement remain in full force and effect.
5. This Amendment No. 7 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
Item Title: 10.15
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Menifee Mayor and City Council November 20, 2024 Page 362 of 2294 AMENDMENT NO. 7 TO
PROFESSIONAL SERVICES AGREEMENT
ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES ON THE HOLLAND RD/I-215 BRIDGE OVERCROSSING PROJECT, CIP #13-03 CITY OF MENIFEE T.Y. LIN INTERNATIONAL
_______________________________ _______________________________ Armando G. Villa, City Manager Dan Fitzwilliam, Bridge Sector ManagerSouthwest, Vice President Attest: ________________________________
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.15
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Menifee Mayor and City Council November 20, 2024 Page 363 of 2294
EXHIBIT A
EXHIBIT “A”
Supplement to Scope of Services
[Attached]
Item Title: 10.15
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EXHIBIT A
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EXHIBIT A
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Menifee Mayor and City Council November 20, 2024 Page 407 of 2294 HOLLAND ROAD/I-215 OVERCROSSING
SCOPE OF WORK- Amendment 1
Amendment 1 covers out-of-scope work (and associated PM activities) for the Holland Road/I-215 Overcrossing not included in the original agreement dated 04-16-2014 between the City of Menifee and T.Y. Lin International (TYLI).
The out-of-scope work involves:
1. Conceptual design of a noise mitigating wall resulting from the Noise Study.
2. Extensive coordination and meetings to resolve a prior rights issue and process a Longitudinal Encroachment Exception for the existing Southern California Edison (SCE) power lines running along the west side of I-215 within the Caltrans right-of-way.
3. Revisions to previously completed work to accommodate:
a. New City interchange widening project at Holland/Hanover on west side. b. Storm water impact revisions resulting from a planned residential community on the east side. c. Additional revisions to Storm Water Data Report for revised Caltrans requirements after final SWDR submittal.
4. Revising the contract Plans, Specifications, and Estimates documents to conform to the 2015 Caltrans Standards in order to secure needed Caltrans approvals.
5. TYLI will prepare revisions and modifications to the Mechanically Stabilized Earth (MSE) Wall drainage system to enhance the aesthetic treatment of the wall. Revisions to the bridge include the revision of over-sidewalk soffit lighting (Caltrans standard soffit light cannot be used), and revisions/modifications for the non-standard future water line (EMWD), and coordination with SCE for required vertical clearances of the proposed re-located utility poles within Caltrans ROW.
6. Additional project management, coordination, and meetings associated with the out-of-scope work.
PART 1 – PROJECT MANAGEMENT
1.1 General Coordination and Administration
TYLI’s Project Manager will provide additional management, coordination, and supervision of project staff to facilitate the out-of-scope work in accordance with the requirements of the City and Caltrans.
Deliverables:
® Monthly Invoices
® Progress Report
1.2 Meetings
TYLI will conduct additional meetings for project development in coordination with Caltrans and impacted utility agencies to prepare exceptions and agreements and additional quarterly City utility coordination efforts. A maximum of five (5) additional meetings are proposed.
Deliverables:
® Meeting Agendas
® Meeting Minutes
PART 2 – PROJECT REPORT EQUIVALENT (PR-E), PERMIT ENGINEERING EVALUATION REPORT (PEER), AND
ENVIRONMENTAL DOCUMENT (ED)
2.14 Bridge/Wall Aesthetics and Landscape Concept Plans Prepare additional conceptual plan sketches to assist the City in the development of construction drawings for the bridge aesthetic elements which may include noise mitigation wall for residential housing.
Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 52
Menifee Mayor and City Council November 20, 2024 Page 408 of 2294 The Caltrans approved Visual Impact Report (VIR) requires rock blankets on slopes in order to match similar aesthetic features in the area. However, as a City requested cost savings measure, the rock blanket detail will be reduced from the project. This effort includes revising the approved VIR to reduce the rock blanket, secure Caltrans approval, and provide cost savings to the project
David Evans and Associates (DEA) will prepare revised landscape plans (one revision) for the modification of landscape architecture elements for the project.
® TYLI will conduct appropriate research and coordinate with the City and Caltrans leading to recommendations for a noise mitigating wall for residential housing to comply with the Environmental Document. ® The DEA landscape team task includes revisions to the Landscape and Irrigation Plans to reduce architectural elements while still maintaining the reviewed and approved Visual Impact Assessment Report. This effort may include coordination with the project team, City staff, Caltrans District 8 landscape architects, outside agencies, and community groups.
Deliverables:
® Conceptual Plan of additional noise mitigating wall for residential home. ® Revised Landscape Architecture and Irrigation Plans
PART 3 – PLANS, SPECIFICATIONS & ESTIMATES (PS&E)
During project development, it was determined that SCE utility poles are within Caltrans right-of-way. A Longitudinal Encroachment Exception is required between Caltrans and SCE for this utility.
At both intersection limits of the project, the Roadway Plans will be revised to include new work to accommodate a City roadway widening project at the west edge of Holland and Haun intersection, and a planned residential development will affect existing Roadway Storm Water Drainage plans, and will be coordinated with the development.
After the 90% Roadway submittal, but during the process of 90% Structures design, on December 16th 2016, Caltrans released the implementation guidelines for the 2015 Construction Contract Standards effective for all projects Ready-to-List after June 30, 2016. As a result, the Holland Road Project is required to comply with the 2015 Standard Specifications, Standard Plans, Standard Special Provisions, and Bid Items.
Additionally, Caltrans requires modifications to the submitted Storm Water Data Report for a change from the standard format to a different form.
3.3 Utility Coordination and Potholing
Additional Utility coordination will be carried out in conformance with the requirements of Chapter 13 of the Caltrans Right of Way Manual, and Appendix LL of the Caltrans Project Development Procedures Manual.
Additional Information to be researched includes as-built records and maps, future improvement and development plans, and other supporting documentation.
Additional effort includes design and preparation of documents for presentation of Electrical (Southern California Edison) facilities within the proposed project limits and Caltrans right-of-way (ROW). Due to their potential schedule impact, meetings will be held, on an individual basis if necessary, upon receiving notice to proceed. It is imperative to identify any relocations requiring long-lead times. During this time, TYLI will also identify and coordinate proposed utility relocation design improvements, and coordinate impacts and exceptions to Caltrans ROW.
3.5 Storm Water Data Report (SWDR)
TYLI will prepare an additional short form PA&ED level Storm Water Data Report (SWDR) at Caltrans request. Additional work includes addresses comments and making revisions after approving agency reviews are provided.
Deliverables:
® PS&E Level Storm Water Data Report (SWDR) Short Form Revision ® Response and Revisions to Comments for Short Form SWDR
3.7 Roadway PS&E
Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 53
Menifee Mayor and City Council November 20, 2024 Page 409 of 2294 The additional work for design will conform to the latest/updated (2015) Caltrans Standard Plans and Standard Specifications within Caltrans Right of Way. Outside State highway, City and/or County of Riverside standards will be applied.
Additional work associated with the stated phases of submittal is expected as follows:
3.7.3 100% PS&E Submittal
TYLI will prepare revisions to the Pre-Final Designs and prepare the Final Roadway Design. These plans will include the following:
® Revisions to Drainage Plans, Profiles, Details, and Quantities for coordination with adjacent residential developments. ® Revisions to Utility Plans for conflicting SCE utility poles within Caltrans ROW. ® Additional Stage Construction, Traffic Handling, and Detour revisions resulting from the City’s adjacent intersection widening project.
® Modifications to Signing and striping sheets to include adjacent City intersection widening. ® Landscape and Irrigation modifications for revised scope. ® Lighting and Traffic Signal revisions for adjacent intersection widenings. ® Update Technical Specifications/Special Provisions/Bid Items to latest revised Caltrans 2015 standards.
Deliverables:
® Roadway PS&E (as described above)
® Specifications, Special Provisions
® Quantities and Cost estimates
3.8 Structural PS&E
TYLI will conduct analysis and prepare and submit bridge PS&E for Caltrans and City review and approval. Specific activities will be as follows:
® Revisions to the Mechanically Stabilized Earth (MSE) wall drainage system. ® Bridge Soffit Lighting.
® Revisions and details for the non-standard bridge future water line (EMWD). ® SCE coordination for utility pole relocation vertical clearances.
3.8.6 Final Structures PS&E (100%)
Required revisions of above scope will be made to the bridge plans and calculations.
Deliverables:
® 100% Bridge PS&E
PART 4 – RIGHT OF WAY ACQUISITION
The additional work for Right of Way Acquisition includes the management and tracking of the additional work required between Caltrans and SCE for the conflicting electrical utility poles.
4.1 Right of Way Project Management and Document Support Overland, Pacific & Cutler (OPC) will provide additional representation of the client at public meetings, hearings, and litigation related matters for a maximum of five (5) meetings pertaining to the SCE Utility Encroachment Exception.
Deliverables:
® Meeting Minutes
Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 54
Menifee Mayor and City Council November 20, 2024 Page 410 of 2294
CITY OF MENIFEE
HOLLAND ROAD/I-215 BRIDGE OVERCROSSING
COST PROPOSAL
AMENDMENT 1
SCOPE OF WORK:
T.Y. Lin International PR-E, PEER, PS&E, AND CONSTRUCTION SUPPORT AMENDMENT 1 4/11/2016 MILESTONE/PHASE/PROJECT SUMMARY:
Loaded Rates
$ 275 165
4.0 $ 266 $ 220 $ 235 $ 220 $ 200 $ $ 150 $ 128
Assistant
Bridge
Engineer
$ 115 $ 266 $ 115
CADD
$ 116 TOTALS
Project
Manager
QA/QC
Manager
Caltrans
Liaison
Senior Trans Senior Bridge
Engineer Engineer
Trans
Engineer II
Asst Trans
Engineer
Outreach
Sub-Task TASK ACTIVITY PIC Const. Review Support Support Account. Total Hours
1.0 PROJECT MANAGEMENT -
1.1 General Coordination
1.2 Meetings
44.0 24.0
30.0 78.0
24.0 $
$
$
$
16,284.00
6,384.00
1.3 Project Management Plan -
-
-
-
PROJECT REPORT (PR-E), PERMIT ENGINEERING EVALUATION REPORT (PEER), AND
2.0 ENVIRONMENTAL DOCUMENT (ED) -
2.1 Project Report Equivalent (PR-E) -
-
-
-
-
-
-
-
$
$
$
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
-
2.2 Permit Engineering Evaluation Report (PEER)
2.3 Traffic and Accident Analysis
2.4 Right of Way Data Sheet
2.5 Fact Sheets with Exceptions to Design Standrads
2.6 Geometric Approval Drawings (GAD)
2.7 Transportation Management Plan (TMP)
2.8 Hydrology/Hydraulic Analysis Report
2.9 Storm Water Data Report (SWDR) - PA&ED Level
2.10 Structural Preliminary Geotechnical Report (SPGR)
2.11 Advanced Planning Study
-
-
-
2.12 Environmental Documents (ED) -
2.12.1 Perform Environmental Studies and Prepare Draft Environmental Document
2.12.2 Permits, Agreements, and Route Adoption During PA&ED
2.12.3 Circulate Draft Environmental Document
2.12.4 Prepare and Approve Project Report and Final Environmental Document (FED)
2.13 Community Outreach Support
-
-
-
-
$
$
$
$
$
$
-
-
-
-
- -
2.14 Bridge Aesthetics and Landscape Concept Plans (DEA) 2.0 4.0 48.0 42.0 48.0
16.0 144.0 19,508.00
-
-
-
-
3.0 PLANS, SPECIFICATIONS & ESTIMATES (PS&E)
3.1 Surveys and Topographic Mapping
3.2 Geotechinical Engineering
$
$
$
$
$
$
-
-
3.3 Utility Coordination and Potholing
3.4 R/W Engineering and Coordination
3.5 Storm Water Data Report (SWDR) - PS&E Level
3.6 Transportation Management Plans (TMP) Report
3.7 Roadway PS&E
2.0 2.0
16.0 16.0
4.0 16.0 66.0
-
18.0 -
9,830.00
-
2,870.00
-
4.0 8.0
-
3.7.1 30% Roadway PS&E Submittal
3.7.2 95% Roadway PS&E Submittal
3.7.3 100% Roadway PS&E Submittal
3.8 Structural PS&E (Bridge and Retaining Walls)
3.8.1 Bridge Site Data Submittal
-
-
$
$
$
-
-
4.0 4.0 40.0 24.0 60.0 60.0
24.0 192.0 27,380.00
-
-
-
-
-
-
$
$
$
$
$
$
-
-
-
-
-
3.8.2 Type Selection
3.8.3 65% Structural PS&E Submittal
3.8.4 90% Structural PS&E Submittal
3.8.5 95% Structural PS&E Submittal
3.8.6 100% Structural PS&E Submittal 2.0 20.0 20.0 66.0 9,152.00 -
4.0 RIGHT OF WAY ACQUISITION -
4.1 Right of Way Project Management and Document Support
4.2 Title Investigation Services
12.0 12.0 $
$
$
$
$
$
3,192.00
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
4.3 Appraisal and Specialty Appraisal Services
4.4 Negotiate Right of Way Settlement/Prepare Acquisition Documents
4.5 Title/Escrow Coordination
4.6 Caltrans Right of Way Certification Oversight
5.0 CONSTRUCTION ENGINEERING SUPPORT
5.1 Bid Support $
$
-
5.2 Construction Support -
Subconsultant Markup
ODC/Outside Service $
$
500.00
TOTALS: 12.0 84.0 8.0 - - 60.0 20.0 92.0 62.0 84.0 - 148.0 30.0 600.0 95,100.00 Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 55
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Menifee Mayor and City Council November 20, 2024 Page 442 of 2294 AMENDMENT NO. 5 TO
AGREEMENT BETWEEN T.Y.LIN INTERNATIONAL
AND THE CITY OF MENIFEE FOR CIP 13-03
(HOLLAND ROAD/ I-215 BRIDGE OVERCROSSING PROJECT)
ENVIROMENTAL AND CIVIL ENGINEERING DESIGN SERVICES
This is Amendment No. 5 to that certain AGREEMENT for Professional Services Agreement (“Agreement”) made on between the City of Menifee (“City”) and T.Y.LIN INTERNATIONAL (“Consultant”) for CIP 13-03 (HOLLAND ROAD/ I-215 BRIDGE
OVERCROSSING PROJECT) ENVIROMENTAL AND CIVIL ENGINEERING DESIGN SERVICES which Amendment No. 5 is made and entered into on ______________, 2022 to increase the scope of work and compensation amount as indicated below:
1. Section 1, “Compensation” is amended to increase the maximum compensation by $77,390.00 (SEVENTY SEVEN THOUSAND THREE HUNDRED NINETY DOLLARS AND ZERO CENTS), and is amended to read as follows:
Section 1. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed $ 2,496,508.00 (TWO MILLION
FOUR HUNDRED NINETY SIX THOUSAND FIVE HUNDRED EIGHT DOLLARS AND ZERO CENTS) notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2. Section 2. Exhibit A, Scope of Services is supplemented to include Amendment No. 1 Scope of Work Additional Work, which supplement is attached as Exhibit A hereto. “Amendment No. 1 Scope of Work Additional Work (Amendment No. 1)” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement.
3. All other terms and conditions of the Agreement remain in full force and effect.
DocuSign Envelope ID: E3332B12-C2BE-4BEF-9E90-D9E1B83D9F93 DocuSign Envelope ID: DE390D07-9A5A-43A3-A3DF-DEB335F147E4 May 4th
Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 87
Menifee Mayor and City Council November 20, 2024 Page 443 of 2294 Professional Services Amendment No. 5 with T.Y.LIN INTERNATIONAL CITY OF MENIFEE T.Y.LIN INTERNATIONAL
_______________________________ _______________________________ Armando G. Villa, City Manager Jim Rucker, Vice President Attest: ________________________________
Clark Fernon, Vice President
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: E3332B12-C2BE-4BEF-9E90-D9E1B83D9F93 DocuSign Envelope ID: DE390D07-9A5A-43A3-A3DF-DEB335F147E4 Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 88
Menifee Mayor and City Council November 20, 2024 Page 444 of 2294 Professional Services Amendment No. 5 with T.Y.LIN INTERNATIONAL Amendment No. 1 – Exhibit A: Scope of Work Additional Work DocuSign Envelope ID: E3332B12-C2BE-4BEF-9E90-D9E1B83D9F93 DocuSign Envelope ID: DE390D07-9A5A-43A3-A3DF-DEB335F147E4 Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 89
Menifee Mayor and City Council November 20, 2024 Page 445 of 2294 Professional Services Amendment No. 5 with T.Y.LIN INTERNATIONAL DocuSign Envelope ID: E3332B12-C2BE-4BEF-9E90-D9E1B83D9F93 DocuSign Envelope ID: DE390D07-9A5A-43A3-A3DF-DEB335F147E4 Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 90
Menifee Mayor and City Council November 20, 2024 Page 446 of 2294 Professional Services Amendment No. 5 with T.Y.LIN INTERNATIONAL DocuSign Envelope ID: E3332B12-C2BE-4BEF-9E90-D9E1B83D9F93 DocuSign Envelope ID: DE390D07-9A5A-43A3-A3DF-DEB335F147E4 Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 91
Menifee Mayor and City Council November 20, 2024 Page 447 of 2294 Professional Services Amendment No. 5 with T.Y.LIN INTERNATIONAL DocuSign Envelope ID: E3332B12-C2BE-4BEF-9E90-D9E1B83D9F93 DocuSign Envelope ID: DE390D07-9A5A-43A3-A3DF-DEB335F147E4 Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 92
Menifee Mayor and City Council November 20, 2024 Page 448 of 2294 Professional Services Amendment No. 5 with T.Y.LIN INTERNATIONAL DocuSign Envelope ID: E3332B12-C2BE-4BEF-9E90-D9E1B83D9F93 DocuSign Envelope ID: DE390D07-9A5A-43A3-A3DF-DEB335F147E4 Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 93
Menifee Mayor and City Council November 20, 2024 Page 449 of 2294 Professional Services Amendment No. 5 with T.Y.LIN INTERNATIONAL DocuSign Envelope ID: E3332B12-C2BE-4BEF-9E90-D9E1B83D9F93 DocuSign Envelope ID: DE390D07-9A5A-43A3-A3DF-DEB335F147E4 Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 94
Menifee Mayor and City Council November 20, 2024 Page 450 of 2294 Professional Services Amendment No. 5 with T.Y.LIN INTERNATIONAL DocuSign Envelope ID: E3332B12-C2BE-4BEF-9E90-D9E1B83D9F93 DocuSign Envelope ID: DE390D07-9A5A-43A3-A3DF-DEB335F147E4 Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 95
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Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 96
Menifee Mayor and City Council November 20, 2024 Page 452 of 2294 AMENDMENT NO. 6 TO
PROFESSIONAL SERVICES AGREEMENT
ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES ON THE HOLLAD RD/I-215 BRIDGE OVERCROSSING PROJECT, CIP #13-03 This is Amendment No. 6 (“Amendment 6”) to that certain Professional Services Agreement (“Agreement”) made on April 16, 2014 between the City of Menifee (“City”) and T.Y.
LIN INTERNATIONAL (“Consultant”) for ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES ON THE HOLLAD RD/I-215 BRIDGE OVERCROSSING PROJECT, CIP #13-03 as amended by that certain Change Order to the Agreement entered into on April 14, 2016 (“Amendment No. 1”), and that certain Amendment No.2 to the Agreement entered into on July 18, 2018 (“Amendment No. 2”), and that certain Amendment No. 3 entered into on May 1, 2019 (“Amendment No. 3”), and that certain Amendment No. 4 is entered into on September 1, 2021 (“Amendment No. 4”), which this Amendment No. 5 is made and entered into on May 4, 2022 (“Amendment No. 5”), which this Amendment No. 6 is made and entered into on ______________, 2023 to extend the term of the Agreement, increase the compensation amount, and augment the scope of services as indicated below:
1. Capitalized terms used but not defined in this Amendment No. 6 shall have the meanings ascribed to them in the Agreement.
Section 1.1, “Term of Services” is amended to read as follows:
1.1 Term of Services. The term of this Agreement shall begin on the April 16, 2014 and shall end on December 31, 2024 unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8.
2. SECTION 2, “Compensation” is amended to increase the maximum compensation by Seventy Five Thousand One Hundred Fifty Nine Dollars and Zero Cents ($75,159.00), and is amended to read as follows:
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed Two Million Five Hundred Seventy One Thousand Six Hundred Sixty Seven Dollars and Zero Cents ($2,571,667.00) notwithstanding any contrary indications that may be contained in Consultant's proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
DocuSign Envelope ID: 9E8F5AD3-9CB4-454D-9CE5-618ACA46D2A0 October 11,
Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 97
Menifee Mayor and City Council November 20, 2024 Page 453 of 2294 AMENDMENT NO. 6 TO
PROFESSIONAL SERVICES AGREEMENT
3. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:
SCOPE OF SERVICES
Consultant shall provide ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES ON THE HOLLAD RD/I-215 BRIDGE OVERCROSSING PROJECT, CIP #13-03 in the amount not to exceed Two Million Five Hundred Seventy One Thousand Six Hundred Sixty Seven Dollars and Zero Cents ($2,571,667.00) as further detailed in the following page(s).
4. All other terms and conditions of the Agreement remain in full force and effect.
5. This Amendment No. 6 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
DocuSign Envelope ID: 9E8F5AD3-9CB4-454D-9CE5-618ACA46D2A0 Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 98
Menifee Mayor and City Council November 20, 2024 Page 454 of 2294 AMENDMENT NO. 6 TO
PROFESSIONAL SERVICES AGREEMENT
CITY OF MENIFEE T.Y. LIN INTERNATIONAL
_______________________________ _______________________________ Armando G. Villa, City Manager Dan Fitzwilliam, Bridge Sector ManagerSouthwest, Vice President Attest: ________________________________
Jim Rucker, Vice President, Roads and
Highways Operations Manager
_______________________________
Sarah Manwaring, City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: 9E8F5AD3-9CB4-454D-9CE5-618ACA46D2A0 Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 99
Menifee Mayor and City Council November 20, 2024 Page 455 of 2294
EXHIBIT A
EXHIBIT “A”
Supplement to Scope of Services
[Attached]
DocuSign Envelope ID: 9E8F5AD3-9CB4-454D-9CE5-618ACA46D2A0 Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 100
Menifee Mayor and City Council November 20, 2024 Page 456 of 2294
EXHIBIT A
DocuSign Envelope ID: 9E8F5AD3-9CB4-454D-9CE5-618ACA46D2A0 Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 101
Menifee Mayor and City Council November 20, 2024 Page 457 of 2294
EXHIBIT A
DocuSign Envelope ID: 9E8F5AD3-9CB4-454D-9CE5-618ACA46D2A0 Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 102
Menifee Mayor and City Council November 20, 2024 Page 458 of 2294
EXHIBIT A
DocuSign Envelope ID: 9E8F5AD3-9CB4-454D-9CE5-618ACA46D2A0 Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 103
Menifee Mayor and City Council November 20, 2024 Page 459 of 2294
EXHIBIT A
DocuSign Envelope ID: 9E8F5AD3-9CB4-454D-9CE5-618ACA46D2A0 Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 104
Menifee Mayor and City Council November 20, 2024 Page 460 of 2294
EXHIBIT A
DocuSign Envelope ID: 9E8F5AD3-9CB4-454D-9CE5-618ACA46D2A0 Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 105
Menifee Mayor and City Council November 20, 2024 Page 461 of 2294
EXHIBIT A
DocuSign Envelope ID: 9E8F5AD3-9CB4-454D-9CE5-618ACA46D2A0 Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 106
Menifee Mayor and City Council November 20, 2024 Page 462 of 2294
EXHIBIT A
DocuSign Envelope ID: 9E8F5AD3-9CB4-454D-9CE5-618ACA46D2A0 Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 107
Menifee Mayor and City Council November 20, 2024 Page 463 of 2294
EXHIBIT A
DocuSign Envelope ID: 9E8F5AD3-9CB4-454D-9CE5-618ACA46D2A0 Item Title: 10.15
Agreement Amendment with T.Y. LIN International for the Holland Road / I-215 Overcrossing Project Item Page Number: 108
Menifee Mayor and City Council November 20, 2024 Page 464 of 2294
CITY OF MENIFEE
SUBJECT: Agreement, Bond and Public Improvement Acceptance for RV Super Center
MEETING DATE: November 20, 2024
TO: Mayor and City Council
PREPARED BY: Crystal Nguyen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute an Improvement Agreement to warranty streets, drainage, water, sewer and landscape improvements associated with RV Super Center, Conditional Use Permit No. 2016-233, located at the southeast corner of Encanto Drive and McLaughlin Road (APN 331-120-066); and
2. Accept the public improvements for the RV Super Center.
DISCUSSION
On August 23, 2017, the City of Menifee Planning Commission approved Conditional Use Permit No. 2016-233 (CUP 2016-233), via Resolution No. PC17-344, for the construction and operation of a recreational vehicle (RV) sales and service center. The RV Super Center (“Project”) proposed the construction and operation of the sales and service center to contain an approximately 17,600 sq. ft. building on a 4.43 gross-acre site. The Project is located at the southeast corner of Encanto Drive and McLaughlin Road as depicted in the attached Project Map.
Menifee Retail Center, LLC (“Developer”) is the parcel owner and developer of the Project. As a part of the Project’s conditions of approval, the Developer has completed construction of street, drainage, water, sewer, and landscape improvements. The Developer is now requesting acceptance of the completed improvements into the City’s maintenance system.
As a requirement for acceptance of the improvements, the Developer must enter the proposed Improvement Agreement (“Agreement”) with the City and provide improvement securities in the amount of 10% of the construction costs. The 10% security (“Warranty”) shall serve as a guarantee and warranty of the required improvements for a period of one year following the Item Title: 10.16
Agreement, Bond and Public Improvement Acceptance for RV Super Center Item Page Number: 1
Menifee Mayor and City Council November 20, 2024 Page 465 of 2294 City of Menifee Staff Report
RV Supercenter Public Improvement Acceptance
November 20, 2024
completion and acceptance of the improvements. A summary of the Warranty bond being posted to guarantee the required improvements is shown in Table 1 below.
TABLE 1 – CONSTRUCTION COST AND 10% WARRANTY BONDS
Improvement Security No.
Performance / Material
Construction
Cost
10% Warranty
Streets/Drainage 101292620 $ 682,000 $ 68,200
Water System 101292620 $ 18,000 $ 1,800
Sewer System 101292620 $ 8,000 $ 800
Total $ 708,000 $ 70,800
Upon approval and full execution of the proposed Agreement and associated warranty bond, acceptance of the streets, drainage, water, sewer, and landscape improvements would be finalized with the Developer. The Warranty would be eligible for full release following the one year period per the Agreement.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The developer has paid all necessary fees and deposits to cover the costs of the required inspection of the completed improvements. Ongoing maintenance costs for the improvements would be supported through approved Fiscal Year 2024/2025 operating budgets in Community Facilities District (CFD) 2015- 2, Annex 33, Zone 33.
ATTACHMENTS
1. Project Map
2. Agreement
3. Warranty Bond
Item Title: 10.16
Agreement, Bond and Public Improvement Acceptance for RV Super Center Item Page Number: 2
Menifee Mayor and City Council November 20, 2024 Page 466 of 2294 Item Title: 10.16
Agreement, Bond and Public Improvement Acceptance for RV Super Center Item Page Number: 3
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Agreement, Bond and Public Improvement Acceptance for RV Super Center Item Page Number: 4
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Menifee Mayor and City Council November 20, 2024 Page 487 of 2294
CITY OF MENIFEE
SUBJECT: Acceptance of Landscape Improvements and 90% Release of Security for Parcel Map 37130, McCall Plaza, by McCall
Plaza, LP
MEETING DATE: November 20, 2024
TO: Mayor and City Council
PREPARED BY: Chet Robinson, Principal Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept the landscape improvements for Parcel Map 37130, McCall Plaza, located south of McCall Boulevard and east of Sherman Road; and
2. Authorize the City Engineer to release the posted securities per the City’s Standard Policies.
DISCUSSION
McCall Plaza, Parcel Map 37130 (“Project”), is a subdivision of 8.69 gross acres into 3 parcels for commercial use. The Project is located on the south side of McCall Boulevard and east of Sherman Road, as depicted in the attached project map. As part of the development requirements, McCall Plaza, LP, a California Limited Partnership (“Developer”), constructed landscape improvements. The public improvements for streets, drainage, water and sewer systems along McCall Boulevard and Sherman Road were previously accepted by the City on November 15, 2023.
The Developer has now completed the landscaping improvements along the project’s frontage on McCall Boulevard and Sherman Road and is requesting acceptance of the completed landscape improvements into the City’s maintenance system. Staff has inspected the completed improvements, determined that the improvements have been constructed in accordance with City specifications and standards, and verified that all project conditions of approval have been met to release the faithful performance and material and labor security in accordance with City policy. A 10% warranty security would be held for a period of one year in accordance with the City Municipal Code. The originally posted improvement security is listed in Table 1 on the following page.
Item Title: 10.17
Acceptance of Landscape Improvements and 90% Release of Security for Parcel Map 37130, McCall Plaza, by McCall Plaza, LP
Item Page Number: 1
Menifee Mayor and City Council November 20, 2024 Page 488 of 2294 City of Menifee Staff Report
Landscape Improvement Acceptance PM37310
November 20, 2024
TABLE 1 – LANDSCAPE IMPROVEMENT SECURITY
Improvement Security No.
Performance / Material
Faithful
Performance
Material and
Labor
Landscape HACS-10-A6-0019 $ 119,000 $ 59,500
Total $ 119,000 $ 59,500
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action. The developer has paid all necessary fees and deposits to cover the costs of the required inspection of the completed improvements. Ongoing maintenance costs for the improvements would be supported through approved Fiscal Year 2024/2025 operating budgets in Community Facilities District (CFD) 2015- 2, Zone 24.
ATTACHMENTS
1. Project Map
2. Agreement
3. Bond
Item Title: 10.17
Acceptance of Landscape Improvements and 90% Release of Security for Parcel Map 37130, McCall Plaza, by McCall Plaza, LP
Item Page Number: 2
Menifee Mayor and City Council November 20, 2024 Page 489 of 2294
PROJECT MAP VICINITY MAP
Item Title: 10.17
Acceptance of Landscape Improvements and 90% Release of Security for Parcel Map 37130, McCall Plaza, by McCall Plaza, LP
Item Page Number: 3
Menifee Mayor and City Council November 20, 2024 Page 490 of 2294
AGRE,EMENT
FOR LANDSCAPE IMPROVEMENTS
This AGREEMENT FOR LANDSCAPE IMPROVEMENTS ("Agreement") is made and entered into as of the \ O +\ duy of--]4rr.rd..- , 20 LO , by and between the CITY OF
MENIFEE, a California municipal corporation, ("City") and McCall Plaza, LP., a California limited partnership ("Landowner").
WITNESSETH
1. Landowner for and in consideration of the approval of a minor plot plan for landscape approval and installation on that certain development plan known as "McCall Plaza Onsite Landscape and Irrigation Plan " (Plot Plan No. 2018-168) located at the southeast comer of the intersection of McCall Boulevard and Sherman Road, APNs 333-060-021 and -022 (the "Property"), agree, at Landowner's own cost and expense, to furnish all labor, equipment, and material necessary to perform, complete, and maintain onsite landscaping for a period of twelve (12) months after Building Permit final or as otherwise required by City's Community Development Director in a good and workmanlike manner, all those landscape and irrigation improvements in accordance with those landscape and inigation plans for the development of said entitlement which have been approved by City's Community Development Director, and are on file in the Office of the City of Menifee Community Development Department, and to do all work incidental thereto in accordance with the standards set forth in Menifee Municipal Code Chapter 9.86 and Menifee Municipal Code Chapter 15.04, which are expressly made apart of this Agreement (the "Work"). All of the Work shall be done under the inspection of and to the satisfaction of City's Community Development Director and shall not be deemed complete until approval of the final planting inspection is made by City's Community Development Director.
Approval of City's Community Development Director of the Work and of the final planting shall be in writing. The estimated cost of the Work is THREE HUNDRED AND TWELVE
THOUSAND AND FOUR HUNDRED AND FORTY EIGHT DOLLARS AND ZERO CENTS ($312.448.00).
2. Landowner agrees to pay to City the actual cost of such inspections of the Work as may be required by City's Community Development Director. Landowner and City furtheragree that if suit is brought upon this Agreement or any security guaranteeing the completion of the Work, all reasonable costs, expenses, and fees incurred by City in successfully enforcing such obligations shall be paid by Landowner including reasonable attorneys' fees, and that upon entry of judgment, such costs, expenses, and fees shall be taxed as costs and included in any judgment rendered.
3. To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), Landowner shall defend (with legal counsel reasonably acceptable to City), indemnify, and hold free and harmless City and City's agents, officers, and employees, (each, an "Indemnitee") from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of Landowner or any officers, agents, employees, representatives, or subcontractors of Landowner [the "Landowner Entities"]), expense, and DocuSign Envelope ID: C165CA54-052B-4000-B060-DB3300FB6EB8 Item Title: 10.17 Acceptance of Landscape Improvements and 90% Release of Security for Parcel Map 37130, McCall Plaza, by McCall Plaza, LP
Item Page Number: 4
Menifee Mayor and City Council November 20, 2024 Page 491 of 2294 liability of every kind, nature, and description (including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Landowner, any of the Landowner Entities, anyone directly or indirectly employed by any of them, or anyone that they control (collectively, the "Liabilities"), with regard to the Work described in this Agreement. Such obligation to defend, hold harmless, and indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused in part by the sole negligence or willful misconduct of such Indemnitee.
4. Landowner hereby grants to City, and to any agent or employee of City, the irrevocable permission to enter upon the Property for the purpose of inspecting the Work or determining compliance with this Agreement. This permission shall terminate in the event that Landowner and Developer have completed the Work within the time specified or any extension thereof granted by City's Community Development Director.
5. Landowner agree at all times, up to the completion and written approval of the Work by City's Community Development Director, to give good and adequate warning to the traveling public of each and every dangerous condition caused by the Work, and to protect the traveling public from such defective or dangerous conditions.
6. Landowner, or their agents and employees, shall give notice to City's Community Development Director at least forty-eight (48) hours before beginning the Work and shall furnish City's Community Development Director all reasonable facilities for obtaining fulI information respecting the progress and manner of the Work.
7. Landowner shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the Work. Landowner shall not hire or employ any person to perform work within City or allow any person to perform the Work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Landowner employees, contractors, and subcontractors. It is understood that it is the responsibility of Landowner to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations ("DIR") pursuant to California Public Utilities Code, Sections 465, 466, and 461 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City's request. Landowner shall obtain and maintain a City of Menifee business license. Landowner shall require the same of all contractors and subcontractors.
8. If Landowner, or their agents or employees, neglects, refuses, or fails to prosecute the Work with such diligence as to insure its completion within the specified time, or within such extensions of time as have been granted by City's Community Development Director, or if Landowner violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Landowner shall be in default of this Agreement and notice in writing of such default may be served upon Landowner. City's Community Development Director shall have DocuSign Envelope ID: C165CA54-052B-4000-B060-DB3300FB6EB8 Item Title: 10.17 Acceptance of Landscape Improvements and 90% Release of Security for Parcel Map 37130, McCall Plaza, by McCall Plaza, LP
Item Page Number: 5
Menifee Mayor and City Council November 20, 2024 Page 492 of 2294 the power to terminate all rights of Landowner due to such default. The determination of City's Community Development Director of the question as to whether any of the terms of this Agreement or the plans and specifications have been violated or have not been performed satisfactorily shall be conclusive upon Landowner, and any and all parties who may have any interest in this Agreement or any portion thereof. No delay or omission in the exercise of any right or remedy by City shall impair such right or remedy or be construed as a waiver. City's consent or waiver of one act or omission by Landowner shall not be deemed to constitute a consent or waiver of City's rights with respect to any subsequent act or omission by Landowner. Any waiver of any default shall be in writing. The foregoing provisions of this Section shall be in addition to all rights and remedies available to City under law.
9. Prior to the date this Agreement is executed, Landowner agrees to file with City good and suffrcient security as provided in subsections (1), (2), and (3) of subdivision (a) of Section 66499 of the Government Code in any amount not less than the estimated cost of the Work for the faithful performance of the terms and conditions of this Agreement, except that when the estimated cost of said work is $2,500 or less, the security shall be a deposit of cash or its equivalent as determined acceptable by City's Building Director. Landowner further agree that if the security is a bond and if the sureties on the faithful performance bond or the amount of said bonds in the opinion of City's Community Development Director becomes insufficient, Landowner agrees to renew each and every bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten (10) days after being notified by City's Community Development Director that the sureties or amounts are insufficient. Notwithstanding any other provisionherein, if Landowner fails to take such action as is necessary to comply with said notice, Landowner shall be in default of this Agreement unless all required work is completed within ninety (90) days of the date on which City's Community Development Director notifies Landowner of the insufficiency of the sureties or the amount of the bonds or both.
10. It is further agreed by and between the parties hereto, including the surety or sureties on the bonds or the issuers of any instruments or letters of credit securing this Agreement, that, in the event it is deemed necessary to extend the time of completion of the Work contemplated to be done under this Agreement, extensions of time may be granted from time to time by City's Community Development Director either at his/her option or upon request of Landowner, and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on said bonds. Landowner further agrees to maintain the aforesaid bond or bonds or the issuance of any instruments or letters of credit in full force and effect during the term of this Agreement, including any extensions of time as may be grantedthereon.
11. Upon the satisfactory completion and written approval of the Work by City's Community Development Director, the entire amount of the security shall be released or retumed by City to Landowner.
12. This Agreement shall be binding upon Landowner and Developer and their heirs, executors, administrators, successors, or assigns, all and each both jointly and severally.
13. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
DocuSign Envelope ID: C165CA54-052B-4000-B060-DB3300FB6EB8 Item Title: 10.17 Acceptance of Landscape Improvements and 90% Release of Security for Parcel Map 37130, McCall Plaza, by McCall Plaza, LP
Item Page Number: 6
Menifee Mayor and City Council November 20, 2024 Page 493 of 2294
14. It is understood and agreed by the parties hereto that if any part, term, orprovision of this Agreement is held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular part, term, or provision held to be invalid. No waiver of any term or condition of this Agreement shall be a continuing waiverthereof.
15. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
16. Landowner shall not discriminate in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
17. The laws of the State of Califomia shall govern this agreement. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.
18. The person(s) executing this Agreement on behalf of the parties hereto warrant that (a) such party is duly organized and existing, (b) they are duly authorized to execute and deliver this Agreement on behalf of said party, and (c) by so executing this Agreement, such party is formally bound to the provisions of this Agreement.
19. Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:
To City
To Landowner
City of Menifee
Community Development Department
29844 Haun Road
Menifee, CA92584
McCall Plaza, LP a California Limited
Partnership
PO Box 1958
Corona. CA 92878
[signatures on following page]
DocuSign Envelope ID: C165CA54-052B-4000-B060-DB3300FB6EB8 Item Title: 10.17
Acceptance of Landscape Improvements and 90% Release of Security for Parcel Map 37130, McCall Plaza, by McCall Plaza, LP
Item Page Number: 7
Menifee Mayor and City Council November 20, 2024 Page 494 of 2294 IN WITNESS WHEREOF, Landowner and City have executed this Agreement as of the date and year first above written.
Dated: Manah to 2020
By: McCall Plaza, LP a California Limited
Partnership
By: RKJK A Nevada Co., LLC
a Nevada limited liability company,
General Partner
By:
Dated:
Dated:
CITY OF MENIFEE
("City")
Dated:
Approved as to Form:
By_ (Signature for President or other Category I
Officer)
(Print Name)
(Title)
By_ (Signature for President or other Category 1
Officer)
(Print Name)
(Title)
By. Cheryl Kitzerow
Community Development Director
Jeffrey T. Melching
City Attorney
DocuSign Envelope ID: C165CA54-052B-4000-B060-DB3300FB6EB8 Item Title: 10.17
Acceptance of Landscape Improvements and 90% Release of Security for Parcel Map 37130, McCall Plaza, by McCall Plaza, LP
Item Page Number: 8
Menifee Mayor and City Council November 20, 2024 Page 495 of 2294 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
before ffi€, , Notary Public, (n.r.ffiofficer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in hisftrer/their authorized capacity(ies), and that by hisftrer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
IsEAL]
)
)
)
ss
DocuSign Envelope ID: C165CA54-052B-4000-B060-DB3300FB6EB8 Item Title: 10.17
Acceptance of Landscape Improvements and 90% Release of Security for Parcel Map 37130, McCall Plaza, by McCall Plaza, LP
Item Page Number: 9
Menifee Mayor and City Council November 20, 2024 Page 496 of 2294
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of C
County of
alifornia
Riverside
On March 10,2020 before me,
Yuriko Elizabeth Rodriguez Godoy, notary public
(insert name and title of the officer)
personally appeared Hagop Kofdarali
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is/arc subscribed to the within instrument and acknowledged to me that he/sh,elthqlexecuted the same in his/he#tlreir authorized capacity(iea), and that by his/he#their signature(s) on the instrument the person(c); or the entity upon behalf of which the person(d acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
Signature 6 ar-Ah
VUqI(O ELIZABETH RODRIGUEZ GOOOY
Notary Public - Califomia
Rivenide County
Commission # 204456
My Comm. Expires Jul 10, 2021
rJ! (Seal)
AGREEMENT FOR LANDSCAPE IMPROVEMENTS
MC CALL PLAZA LP
BY RKJK A NEVADA CO. LLC (GENERAL PARTNER)
BY HAGOP KOFDARALI :MANAGER (SIGNATURE)
t
DocuSign Envelope ID: C165CA54-052B-4000-B060-DB3300FB6EB8 Item Title: 10.17 Acceptance of Landscape Improvements and 90% Release of Security for Parcel Map 37130, McCall Plaza, by McCall Plaza, LP
Item Page Number: 10
Menifee Mayor and City Council November 20, 2024 Page 497 of 2294 Item Title: 10.17
Acceptance of Landscape Improvements and 90% Release of Security for Parcel Map 37130, McCall Plaza, by McCall Plaza, LP
Item Page Number: 11
Menifee Mayor and City Council November 20, 2024 Page 498 of 2294 Item Title: 10.17
Acceptance of Landscape Improvements and 90% Release of Security for Parcel Map 37130, McCall Plaza, by McCall Plaza, LP
Item Page Number: 12
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Acceptance of Landscape Improvements and 90% Release of Security for Parcel Map 37130, McCall Plaza, by McCall Plaza, LP
Item Page Number: 13
Menifee Mayor and City Council November 20, 2024 Page 500 of 2294 Item Title: 10.17
Acceptance of Landscape Improvements and 90% Release of Security for Parcel Map 37130, McCall Plaza, by McCall Plaza, LP
Item Page Number: 14
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Acceptance of Landscape Improvements and 90% Release of Security for Parcel Map 37130, McCall Plaza, by McCall Plaza, LP
Item Page Number: 15
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Acceptance of Landscape Improvements and 90% Release of Security for Parcel Map 37130, McCall Plaza, by McCall Plaza, LP
Item Page Number: 16
Menifee Mayor and City Council November 20, 2024 Page 503 of 2294 Item Title: 10.17
Acceptance of Landscape Improvements and 90% Release of Security for Parcel Map 37130, McCall Plaza, by McCall Plaza, LP
Item Page Number: 17
Menifee Mayor and City Council November 20, 2024 Page 504 of 2294 Item Title: 10.17
Acceptance of Landscape Improvements and 90% Release of Security for Parcel Map 37130, McCall Plaza, by McCall Plaza, LP
Item Page Number: 18
Menifee Mayor and City Council November 20, 2024 Page 505 of 2294 Item Title: 10.17
Acceptance of Landscape Improvements and 90% Release of Security for Parcel Map 37130, McCall Plaza, by McCall Plaza, LP
Item Page Number: 19
Menifee Mayor and City Council November 20, 2024 Page 506 of 2294 Item Title: 10.17
Acceptance of Landscape Improvements and 90% Release of Security for Parcel Map 37130, McCall Plaza, by McCall Plaza, LP
Item Page Number: 20
Menifee Mayor and City Council November 20, 2024 Page 507 of 2294 Landscape Cost Estimate for:
McCall Commercial Center
Menifee and McCall
Menifee, California
10-Nov-19
Off-Site Landscape IP18-030L
prepared by:
Gene Hirao, Landscape Architect
Public Off-site Landscape Area
Item
Clearing/grading
Soil prep
Auto irrigation
5 gal.
24" box
1 year maintenance
Groundcover 5 gal
Conc Mow strip at prop. Line (6"X8")
Shredded wood mulch
Boulders
Quantity
18,308
18,308
18,308
74 33
LS
183
LS
18,308
LS
Price per Sub-Total
$
$
$
$
0.20 s.f.
0.25 s.f.
2.50 s.f.
20.00 $
$
$
$
$
$
$
$
$
$
3,661.60
4,577.00
45,770.00
1,480.00
8,250.00
14,646.00
3,660.00
10,000.00
2,746.20
6,000.00
$ 250.00
LS
$ 20.00 .
LS
$ 0.15 s.f.
LS
Electric Meter
Water Meter
LS
LS
LS
LS
$
$
5,000.00
2,000.00
Sub total $ 107,790.80
Contingency 10% $ 10,779.08
Total $ 118,569.88
Item Title: 10.17
Acceptance of Landscape Improvements and 90% Release of Security for Parcel Map 37130, McCall Plaza, by McCall Plaza, LP
Item Page Number: 21
Menifee Mayor and City Council November 20, 2024 Page 508 of 2294
CITY OF MENIFEE
SUBJECT: Notice of Completion and Acceptance for the Bradley Road Widening Near Paloma Valley High School Northern Entrance Project
MEETING DATE: November 20, 2024
TO: Mayor and City Council
PREPARED BY: Diego Guillen, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Accept the improvements for the Bradley Road Widening near Paloma Valley High School Northern Entrance Project, Capital Improvement Program (CIP) Project No. 23-03, located on the east side Bradley Road, just south of Maltese Way; and
2. Authorize the City Clerk to file a Notice of Completion with the Riverside County Recorder’s Office.
DISCUSSION
The Bradley Road Widening near Paloma Valley High School Northern Entrance Project, CIP Project No. 23-03 (“Project”), was a collaborative effort with Perris Union High School District (“District”). The Project improved the east side of Bradley Road, which included widening 200 linear feet of roadway to ultimate condition, installing a crosswalk with rectangular rapid flashing beacons just south of the high school’s northern entrance, extending the sidewalk, and installing an Americans with Disabilities Act (ADA) compliant ramp. The Project provided a safe crossing for the high volume of pedestrian traffic resulting from students commuting to and from Paloma Valley High School. The District would be responsible for improvements along the west side of Bradley Road, including the installation of additional ADA ramps and a new traffic signal at the northern entrance of the high school, which are anticipated to be completed by 2026.
On May 15, 2024, the City Council approved a total construction budget of $322,484 for the Project and authorized the City Manager to approve the construction contract with Wheeler Paving, Inc. (“Contractor”) in the amount of $249,700 to complete the Project. No contract change orders occurred during construction and the Project was completed under budget with the final overall cost totaling $265,477, including ancillary costs such as labor compliance services.
Item Title: 10.18
Notice of Completion and Acceptance for the Bradley Road Widening Near Paloma Valley High School Northern Entrance Project
Item Page Number: 1
Menifee Mayor and City Council November 20, 2024 Page 509 of 2294 City of Menifee Staff Report
CIP 23-03 NOC
November 20, 2024
If approved, a Notice of Completion (NOC) would be filed, which protects the City from future claims against the Project by providing proper noticing to each contractor, subcontractor, and material supplier, that the Project has been completed. The payment bond would be released upon Project acceptance by the City and the performance bond would be released one year after the date of recording of the NOC. The City has not received any stop notices that would prevent said releases.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
There is no fiscal impact associated with the acceptance of the improvements related to the Project. All costs to complete the Project were supported within previously approved Capital Improvement Program Budgets.
ATTACHMENTS
1. Project Location Map
2. Notice of Completion
3. Closeout Documents
Item Title: 10.18
Notice of Completion and Acceptance for the Bradley Road Widening Near Paloma Valley High School Northern Entrance Project
Item Page Number: 2
Menifee Mayor and City Council November 20, 2024 Page 510 of 2294 Maltese Way
Bradley Rd
Alcove Ln
Corson Ave
215Antelope Rd
La Piedra
Rd
Haun Rd Newport Rd
M
u
r
rie
t
a
Rd
Holland Rd
Bradley Rd
Project Site
0 0.01 0.02
Miles
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\BradleyRoadWidening\BradleyRoadWidening.aprx Date: 4/16/2024 Bradley Road Widening near Paloma
High School Northern Entrance (CIP 23-03)
Project Location Map
Item Title: 10.18
Notice of Completion and Acceptance for the Bradley Road Widening Near Paloma Valley High School Northern Entrance Project
Item Page Number: 3
Menifee Mayor and City Council November 20, 2024 Page 511 of 2294 Recording Requested By:
CITY OF MENIFEE
After Recording Mail To:
CITY CLERK
CITY OF MENIFEE
29844 HAUN ROAD
MENIFEE, CA 92586
Record without fee subject to Govt. Code 6103
NOTICE OF COMPLETION
(Public Works – Civil Code Sec. 9204)
BRADLEY ROAD WIDENING NEAR PALOMA VALLEY HIGH SCHOOL NORTHERN ENTRANCE PROJECT, CIP 23-03
Notice is hereby given that:
Work of improvements on the project herein described was accepted as complete on November 20, 2024. The project consisted of widening 200 linear feet of the existing road to ultimate condition, removal and replacement of existing pavement and striping, installation of a crosswalk with rectangular rapid flashing beacons, curb, gutter, sidewalk, pedestrian ramps, and a residential driveway approach, which were conducted along the east side of Bradley Road in front of Paloma Valley High School, just south of Maltese Way. The project was completed in the city right-of-way in the City of Menifee, County of Riverside, State of California.
1. The full name of the Owner is: CITY OF MENIFEE
2. The full address of the Owner is: 29844 HAUN ROAD
MENIFEE, CA. 92586
3. The undersigned is a Corporate Officer of the Owner of the interest stated below in the property herein described:
PUBLIC STREETS IN
MENIFEE, CA 92586
4. The name of the contractor for such work of construction is:
WHEELER PAVING INC.
2734 AVALON ST
RIVERSIDE, CA 92509
5. The property on which said work of improvement was completed is within the City of Menifee, County of Riverside, State of California.
STATE OF CALIFORNIA)
Ss
COUNTY OF RIVERSIDE)
I, Stephanie Roseen, hereby certify that I am the Acting City Clerk of the City of Menifee, a municipal corporation, which is the owner of the properties described within this Notice of Completion, executed on behalf of the City; that I have read the notice and know the contents thereof and that the facts therein stated are true of my own knowledge under penalty of perjury under the laws of the state of California; that I make this verification on _________________, 20___ for and on behalf of the City.
_____________________________
Stephanie Roseen, Acting City Clerk
Item Title: 10.18
Notice of Completion and Acceptance for the Bradley Road Widening Near Paloma Valley High School Northern Entrance Project
Item Page Number: 4
Menifee Mayor and City Council November 20, 2024 Page 512 of 2294 Item Title: 10.18
Notice of Completion and Acceptance for the Bradley Road Widening Near Paloma Valley High School Northern Entrance Project
Item Page Number: 5
Menifee Mayor and City Council November 20, 2024 Page 513 of 2294 Item Title: 10.18
Notice of Completion and Acceptance for the Bradley Road Widening Near Paloma Valley High School Northern Entrance Project
Item Page Number: 6
Menifee Mayor and City Council November 20, 2024 Page 514 of 2294 Item Title: 10.18
Notice of Completion and Acceptance for the Bradley Road Widening Near Paloma Valley High School Northern Entrance Project
Item Page Number: 7
Menifee Mayor and City Council November 20, 2024 Page 515 of 2294 Item Title: 10.18
Notice of Completion and Acceptance for the Bradley Road Widening Near Paloma Valley High School Northern Entrance Project
Item Page Number: 8
Menifee Mayor and City Council November 20, 2024 Page 516 of 2294 Item Title: 10.18
Notice of Completion and Acceptance for the Bradley Road Widening Near Paloma Valley High School Northern Entrance Project
Item Page Number: 9
Menifee Mayor and City Council November 20, 2024 Page 517 of 2294 Item Title: 10.18
Notice of Completion and Acceptance for the Bradley Road Widening Near Paloma Valley High School Northern Entrance Project
Item Page Number: 10
Menifee Mayor and City Council November 20, 2024 Page 518 of 2294 Item Title: 10.18
Notice of Completion and Acceptance for the Bradley Road Widening Near Paloma Valley High School Northern Entrance Project
Item Page Number: 11
Menifee Mayor and City Council November 20, 2024 Page 519 of 2294 Item Title: 10.18
Notice of Completion and Acceptance for the Bradley Road Widening Near Paloma Valley High School Northern Entrance Project
Item Page Number: 12
Menifee Mayor and City Council November 20, 2024 Page 520 of 2294 Item Title: 10.18
Notice of Completion and Acceptance for the Bradley Road Widening Near Paloma Valley High School Northern Entrance Project
Item Page Number: 13
Menifee Mayor and City Council November 20, 2024 Page 521 of 2294
CITY OF MENIFEE
SUBJECT: Ethanac Business Park
MEETING DATE: November 20, 2024
TO: Mayor and City Council
PREPARED BY: Fernando Herrera, Associate Planner
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando Villa, City Manager
APPLICANT: Core5 Industrial Partners LLC
--------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt a resolution adopting a Mitigated Negative Declaration, based on the findings incorporated in the Initial Study and the conclusion that the project will not have a significant effect on the environment and direct staff to file a Notice of Determination; and
2. Adopt a resolution approving General Plan Amendment No. PLN23-0173, generally located east of Trumble Road, south of Ethanac Road, west of Sherman Road and north of McLaughlin Road; and
3. Adopt a resolution approving Plot Plan No. PLN23-0171, generally located east of Trumble Road, south of Ethanac Road, west of Sherman Road and north of McLaughlin Road; and
4. Introduce an ordinance approving Specific Plan Amendment No. PLN23-0175 and Zone Change No. PLN23-0174.
DISCUSSION
The following entitlement applications are associated with the proposed Project:
General Plan Amendment (GPA) No. PLN23-0173 proposes an amendment to the General Plan by changing the land use designation of Assessor Parcel Number (APN) 331-110-023 (1.16 acres) from Heavy Industrial (HI) to Specific Plan (SP), more specifically the Menifee North SP.
Specific Plan Amendment (SPA) No. PLN23-0175 proposes to change the boundary of the Menifee North SP by adding APN 331-110-023 (1.16 acres) and designating it as Planning Area 2 – Industrial.
Item Title: 11.1 Ethanac Business Park
Item Page Number: 1
Menifee Mayor and City Council November 20, 2024 Page 522 of 2294 City of Menifee City Council
Ethanac Business Park
November 20, 2024
Zone Change (ZC) No. PLN23-0174 proposes to change APN 331-110-023 (1.16 acres) from HI to Menifee North SP.
Plot Plan (PP) No. PLN23-0171 proposes to construct a new approximately 264,710 square-foot warehouse consisting of 254,710 square feet of warehouse area and 10,000 square feet of office area on a 11.47-acre site along with associated improvements. The building proposes a maximum overall height of 41 feet and would include 32 dock doors.
Location
The Project site is located along Sherman Road, in the City of Menifee (City), County of Riverside, California, on APNs 331-110-023, -038, and -039. The Project is generally located in the northeastern portion of the City, approximately 0.37 miles to the east of Interstate 215 (I-215), east of Trumble Road, south of Ethanac Road, west of Sherman Road and north of McLaughlin Road.
Project Site
General Plan
The Project site currently has two General Plan land use designations. Parcel 331-110-023 is designated as HI which is intended for more intense industrial activities, such as manufacturing uses, that can generate significant impacts such as excessive noise, dust, and other nuisances, Parcels 331-110-038 and -039 are designated as SP, more specifically the Menifee North SP Item Title: 11.1 Ethanac Business Park
Item Page Number: 2
Menifee Mayor and City Council November 20, 2024 Page 523 of 2294 City of Menifee City Council
Ethanac Business Park
November 20, 2024
Planning Area 2 – Industrial. Surrounding Land Use designations and existing uses can be found below in Table 1 on the following page. As part of the Project approval, the development seeks to consolidate the General Plan designations to one under the Menifee North SP to create consistent development standards.
Existing General Plan Map Proposed General Plan Map
Zoning
The Project site also currently has two zoning designations. Parcel 331-110-023 is designated as HI which is intended for industrial uses and Parcels 331-110-038 and -039 are designated as SP, more specifically the Menifee North SP Planning Area 2 – Industrial. Although the existing zoning of the Project site allows for the development of industrial warehousing and distribution facilities, as part of the Project proposal a zone amendment will consolidate the designations under the Menifee North SP to create cohesive and consistent development standards.
Existing Zoning Map Proposed Zoning Map
Item Title: 11.1 Ethanac Business Park
Item Page Number: 3
Menifee Mayor and City Council November 20, 2024 Page 524 of 2294 City of Menifee City Council
Ethanac Business Park
November 20, 2024
TABLE 1 – SURROUNDING LAND USES
Location Existing Land Use General Plan Land
Use Zoning Classification
North Industrial Land Use Specific Plan Menifee North SP East Vacant land Specific Plan Menifee North SP
South Vacant land Specific Plan Menifee North SP
West Vacant land, Industrial
Uses, Single-Family Homes Specific Plan / HI Menifee North SP / HI Background
At the October 23, 2024, Planning Commission meeting, the Commission voted unanimously to adopt Resolution Nos. PC24-644 and PC24-645, recommending the City Council adopt the Initial Study and Mitigated Negative Declaration (IS/MND), and a Mitigation Monitoring and Reporting Program (MMRP), and approve all entitlements for the Project.
One person spoke in support of the Project from LiUNA. One person spoke on behalf of the City of Perris expressing concerns over the IS/MND and technical studies. In addition, the City received comment letters/emails during the public review period from the following:
• Southern California Gas
• Riverside County Flood Control and Water Conservation District • Riverside Transportation Authority
• The City of Perris
Under the California Environmental Quality Act (CEQA), the City is not required to respond to comments on IS/MNDs. However, staff reviewed each of the letters with the environmental consultant and felt it was appropriate to address the comments made by the City of Perris over the alleged inadequacy of the IS/MND and technical studies (comments from other agencies were standard items). Responses to the comment letter from the City of Perris are provided within the attachments of this staff report package.
Proposed Project
The Project applicant, Core5 Industrial Partners, LLC is proposing a Project that consists of an approximately 264,710 square-foot warehouse, of which 254,710 square feet will be warehouse area and 10,000 square feet is proposed to be office space on a 11.47-acre site. Building tenants are unknown at this time. The Project will also provide associated Project improvements as discussed below including but not limited to parking, landscaping, lighting, and offsite improvements. The Project site is currently utilized for storage purposes and appears to be predominantly vacant but highly disturbed. Warehousing/distribution is a permitted use in the existing (HI) and proposed (Menifee North SP Planning Area 2) General Plan and zoning land use designations with the approval of a Plot Plan.
Item Title: 11.1 Ethanac Business Park
Item Page Number: 4
Menifee Mayor and City Council November 20, 2024 Page 525 of 2294 City of Menifee City Council
Ethanac Business Park
November 20, 2024
Proposed Site Plan
Circulation and Parking
Regional Project access would be from I-215 via Ethanac Road. Local access would be provided via two access points on Sherman Road. One is located on the northern portion of the site and the other on the southern portion which would be a shared driveway with the property to the south, a previously entitled project that had already been designed to accommodate this future access.
As a part of this improvement, a reciprocal access agreement will be required. The driveways would provide full access for both passenger vehicles and semitrucks. The City of Menifee Item Title: 11.1 Ethanac Business Park
Item Page Number: 5
Menifee Mayor and City Council November 20, 2024 Page 526 of 2294 City of Menifee City Council
Ethanac Business Park
November 20, 2024
Development Code outlines the parking requirements for the Project. As demonstrated in Table 2 and discussed below, the Project meets all the parking requirements.
A minimum of 168 passenger vehicle parking spaces are required, and 168 passenger vehicle parking spaces are being provided. Of the 168 parking spaces being provided, six will be compliant with the Americans with Disabilities Act (ADA) and 34 will be future electric vehicle (EV) compliant (or as determined by the current building code). Of these, two are both ADA and EV parking spots. Furthermore, the Project is required to provide a minimum of seven Class I or II bicycle parking spaces and will be conditioned to do so during the tenant improvements. There are 32 trailer parking stalls for the building. The Project is consistent with the Menifee North SP.
TABLE 2 – PARKING SUMMARY
Development Code Parking Requirements
Office: 1 per 250 square feet 40
Warehouse: 1 per 2,000 square feet 128
Required 168
Total Spaces Provided 168
Infrastructure Improvements
The Project Applicant would be responsible for the construction of public infrastructure improvements. Sherman Road would be improved along the Project frontage to a major roadway (four-lane) designation. The improvements will include frontage improvements along Sherman Road and the necessary offsite transitions. Turning movements on Sherman Road will be full access on both driveways. Additionally, a paved section of the street would be required from the northern property line of the Project to Ethanac Road. Improvements are also required to the intersection of Sherman Road and Ethanac Road for adequate turning movements for trucks into and out of the Project site.
The Project has also been conditioned to participate in a Road and Bridge Benefit District (RBBD) that will be established for the area in the future. The Applicant is required to pay the RBBD fees based on the designated land use and development areas prior to the issuance of a building permit.
Fair share cost participation would be required at multiple off-site intersections including I215/Ethanac Road southbound and northbound ramps, Trumble/Ethanac Road, and Sherman/Ethanac Road. Utility improvements would be constructed which include new water lines, recycled water lines, sewer, and storm drain lines.
Prior to this Project moving forward with development, Riverside County Flood Control Line A-21 Storm Drain improvements and connection to the storm drain line from the Project site must be installed. Anticipation is that these storm drain improvements shall be constructed by the adjacent (previously approved) industrial projects, however in the event where these improvements are not constructed, the responsibility falls on the developers of this Project.
Landscaping
Landscape standards for the Project are outlined in the City’s Development Code. Irrigated landscaped areas for the Project site would total approximately 58,864 square feet (11.6 percent of the site) and would be comprised of drought-tolerant shrubs and groundcover and evergreen and deciduous trees. This exceeds the development standard for the SP area which is ten Item Title: 11.1 Ethanac Business Park
Item Page Number: 6
Menifee Mayor and City Council November 20, 2024 Page 527 of 2294 City of Menifee City Council
Ethanac Business Park
November 20, 2024
percent. 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 (36” box) trees are proposed at all the Project entry driveways. In addition, the landscape and architectural plans feature site amenities that coordinate and compliment the proposed Project, including outdoor break areas, benches, tables, bike racks, lighting, and trash receptacles. Additionally, the applicant has proposed berm landscaping along the truck loading courts to further screen the loading areas.
Conceptual Landscape Plan
Screening
On Sherman Road an eight-foot tall decorative concrete wall on a six-foot landscaped berm would be constructed to screen all loading areas, trucks, and trailers from public view. The walls will be enhanced on the public street side on Sherman Road through the use of landscaping. 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. Additionally the buildings are oriented to have the loading areas face away from adjacent residential homes to the west.
Item Title: 11.1 Ethanac Business Park
Item Page Number: 7
Menifee Mayor and City Council November 20, 2024 Page 528 of 2294 City of Menifee City Council
Ethanac Business Park
November 20, 2024
Elevations
The buildings will feature enhanced architectural facades on all sides. Staff worked with the Project Applicant to ensure that the design features along the exterior elevations of the building break up the long building façade. A change in wall plane and exterior finish occurs at a minimum of every 50 feet, as does a change in the roofline to soften the visual appearance. The Project contains a variety of architectural treatments and elements to add depth and variety to the building as outlined in the Citywide Design Guidelines. There are complementing roof forms, colors, and materials. The various colors include different tones of beige, white, and gray. The Project is distinguished by the stone veneer that is on the wall sides that adds unique character typically not found in warehouses.
Elevations
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.
Environmental Determination
The City of Menifee Community Development Department has determined the above Project will not have a significant effect on the environment with incorporation of standard conditions of approval and mitigation measures (as listed in the IS/MND) and has recommended adoption of the IS/MND. The 20-day public review period for the IS/MND occurred from September 25, 2024 Item Title: 11.1 Ethanac Business Park
Item Page Number: 8
Menifee Mayor and City Council November 20, 2024 Page 529 of 2294 City of Menifee City Council
Ethanac Business Park
November 20, 2024
to October 14, 2024, during which time four comment letters were received from Riverside County Flood Control, Southern California Gas, Riverside Transportation Authority, and City of Perris. A MMRP was prepared and identifies all mitigation measures required for the Project.
The IS/MND, as well as all its technical appendices, can be accessed for review on the City website: https://www.cityofmenifee.us/325/Environmental-Notices-Documents.
Findings
Findings for the IS/MND, GPA No. PLN23-0173, SPA No. PLN23-0175, ZC No. PLN23-0174, and PP No. PLN23-0171 are included in the attached Resolutions.
Public Notice
The proposed Project was noticed on November 10, 2024 for the November 20, 2024 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 an 800-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.
STRATEGIC PLAN OBJECTIVE
Thriving Economy
FISCAL IMPACT
There is no fiscal impact for this item.
ATTACHMENTS
1. Project Plans & Exhibits
2. Resolution – IS/MND
3. Exhibit A – IS/MND
4. Exhibit B - MMRP
5. Resolution – GPA
6. Exhibit B – GPA
7. Resolution – PP
8. Exhibit A - Conditions of Approval
9. Ordinance – SPA and ZC
10. Exhibit A – SPA
11. Exhibit B – ZC
12. Comment Letters received
13. Responses to City of Perris Comment Letter
14. Public Hearing Notice
Item Title: 11.1 Ethanac Business Park
Item Page Number: 9
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Menifee Mayor and City Council November 20, 2024 Page 544 of 2294
PRELIMINARY EARTHWORK VOLUMES
08/12/ 2024
Item Title: 11.1 Ethanac Business Park
Item Page Number: 24
Menifee Mayor and City Council November 20, 2024 Page 545 of 2294 MATCH LINE SEE SHEET 3
08/12/ 2024
Item Title: 11.1 Ethanac Business Park
Item Page Number: 25
Menifee Mayor and City Council November 20, 2024 Page 546 of 2294 MATCH LINE SEE SHEET 3
08/12/ 2024
Item Title: 11.1 Ethanac Business Park
Item Page Number: 26
Menifee Mayor and City Council November 20, 2024 Page 547 of 2294 RESOLUTION NO. 24-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA ADOPTING A MITIGATED NEGATIVE DECLARATION
FOR GENERAL PLAN AMENDMENT NO. PLN23-0173, SPECIFIC
PLAN AMENDMENT NO. PLN23-0175, CHANGE OF ZONE NO.
PLN23-0174, AND PLOT PLAN NO. PLN23-0171 FOR THE ETHANAC BUSINESS PARK INDUSTRIAL WAREHOUSE.
WHEREAS, on October 2, 2023, the applicant, Core5 Industrial Partners, LLC (“Applicant”), filed a formal application with the City of Menifee for the approval of General Plan Amendment (GPA) No. PLN 23-0173 to change the land use designation of one parcel APN 331-110-023 from Heavy Industrial (HI) to Specific Plan (SP), more specifically the Menifee North SP, Specific Plan Amendment (SPA) No. PLN23-0175 to change the boundary of the Menifee North SP to include APN 331-110-023 and designate it as Planning Area 2-Industrial, Zone Change (ZC) No. PLN23-0174 to change to zoning designation of APN 331-110-023 from HI to Menifee North SP, and Plot Plan (PP) No. PLN23-0171 for the construction of an approximately 264,710 square-foot warehouse/industrial building with 10,000 square feet of office space and 254,710 square feet of warehouse space on an 11.47-acre site. The Project site is generally located north of McLaughlin Road, south of Ethanac Road, east of Trumble Road, and west of Sherman Road within the City of Menifee (City), County of Riverside, State of California (APNs: 331-110-038, 039, and 023); and WHEREAS, collectively, all the applications are referred to as the “Project” or “Ethanac Business Park”; and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), an Initial Study (IS) and Mitigated Negative Declaration (MND) have been prepared to analyze and mitigate the Project's potentially significant environmental impacts; and
WHEREAS, between September 25, 2024 and October 14, 2024, the 20-day public review period for the Draft IS/MND took effect, which was publicly noticed by a publication in a newspaper of general circulation, noticed to owners within 800 feet of the Project site boundaries, related agencies and government agencies, and to persons requesting public notice; and
WHEREAS, on October 23, 2024, the Planning Commission of the City of Menifee held a public hearing on the Project, considered all public testimony as well as all accompanying documents to recommend to City Council the adoption of the IS/MND for GPA No. PLN23-0173, SPA No. PLN23-0175, ZC No. PLN23-0174, and PP No. PLN23- 0171; and which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, notice to property owners within 800 feet of the Project boundaries, on-site posting at the Project site, and to persons requesting public notice; and
WHEREAS, at the October 23, 2024 Planning Commission public hearing, based upon the materials in the staff report and accompanying documents, public comments, and Planning Commission discussion, the City of Menifee Planning Commission recommended the City Council adopt the IS/MND and Mitigation Monitoring and Reporting Program (MMRP); and
WHEREAS, on November 20, 2024, the City Council held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff Item Title: 11.1 Ethanac Business Park
Item Page Number: 27
Menifee Mayor and City Council November 20, 2024 Page 548 of 2294 Ethanac Business Park – IS/MND
November 20, 2024
report and accompanying documents for the Project, which hearing was publicly noticed in The Press Enterprise, a newspaper of general circulation, an agenda posting, on-site posting, notice to property owners within 800 feet of the Project boundaries, and to persons requesting public notice; and
WHEREAS, the City Council of the City of Menifee has read and considered all environmental documentation comprising the IS/MND and MMRP, has found that the IS/MND and MMRP 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, the City has complied with CEQA and the IS/MND is an accurate and objective statement that fully complies with CEQA, the CEQA Guidelines and represents the independent judgment of the City; and
WHEREAS, the City of Menifee has two active conservation plans within the City’s boundary, the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), and the Stephen’s Kangaroo Rat Habitat Conservation Plan (SKR-HCP). The subject site is within the jurisdiction of the SKR-HCP and the Western Riverside County MSHCP. The Project site is located inside the SKR-HCP (Dipodomys stephensi) Fee Area. The proposed Project is located within the boundaries of the Western Riverside County MSHCP; however, the Project is not located within a Criteria Cell or Cell Group.
The biology report prepared for this Project notes the Project’s consistency with the findings of the MSHCP. The Project will be subject to the payment of fees consistent with MMC Chapter 17.03 as adopted by the City of Menifee. Therefore, the Project will not conflict with the provisions of the adopted HCP, Natural Conservation Community Plan, or other approved local, regional, or state conservation plan and the impact is considered less than significant; 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 IS/MND which would require re-circulation.
NOW, THEREFORE, the City Council of the City of Menifee resolves as follows:
Section 1: The City Council finds on the basis of the evidence presented and the whole record before it, including the IS/MND, which is attached hereto as Exhibit “A”, and any comments received, that there is no substantial evidence that the Project, as mitigated, will have a significant effect on the environment.
Section 2: The MMRP and a copy of which is attached hereto as an appendix to Exhibit “B” and incorporated herein by reference, will assure compliance with the mitigation measures during Project implementation.
Section 3: The City Council further finds that the adoption of the MND reflects the City Council’s independent judgment and analysis.
Section 4: The MND, all documents referenced in the MND, and the record of proceedings on which the City Council’s decision is based are located at City of Menifee City Hall at 29844 Haun Road, Menifee, CA 92586 and the custodian of record of proceedings is the City of Menifee City Clerk.
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November 20, 2024
PASSED, APPROVED AND ADOPTED this the 20th day of November 2024. _________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
______________________________
Jeffrey T. Melching, City Attorney
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Ethanac Business Park
Initial Study/Mitigated Negative Declaration
September 2024
Prepared By:
Kimley-Horn and Associates, Inc.
3801 University Avenue, Suite 300
Riverside, CA 92501
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City of Menifee Initial Study/Mitigated Negative Declaration Table of Contents
1.0 INTRODUCTION & PURPOSE......................................................................................................... 1
1.1 Purpose and Scope of the Initial Study............................................................................... 1
1.2 Summary of Findings ......................................................................................................... 1
1.3 Initial Study Public Review Process .................................................................................... 1
1.4 Report Organization .......................................................................................................... 1 DESCRIPTION OF PROPOSED PROJECT.......................................................................................... 3
2.1 Project Location, Setting, and Existing Conditions.............................................................. 3
2.2 Proposed Project Characteristics ....................................................................................... 4 INITIAL STUDY CHECKLIST........................................................................................................... 19 Environmental Factors Potentially Affected................................................................................ 22 ENVIRONMENTAL ANALYSIS....................................................................................................... 23 Aesthetics .................................................................................................................................. 23 Agriculture and Forestry Resources............................................................................................ 28 Air Quality.................................................................................................................................. 31 Biological Resources................................................................................................................... 44 Cultural Resources ..................................................................................................................... 50 Energy........................................................................................................................................ 57 Geology and Soils....................................................................................................................... 61 Greenhouse Gas Emissions......................................................................................................... 74 Hazards and Hazardous Materials .............................................................................................. 98 Hydrology and Water Quality................................................................................................... 108 Land Use and Planning ............................................................................................................. 118 Mineral Resources.................................................................................................................... 120 Noise ...................................................................................................................................... 122 Population and Housing ........................................................................................................... 135 Public Services.......................................................................................................................... 136 Recreation ............................................................................................................................... 141 Transportation......................................................................................................................... 142 Tribal Cultural Resources.......................................................................................................... 155 Utilities and Service Systems .................................................................................................... 159 Wildfire.................................................................................................................................... 167
2.0 3.0
4.0 September 2024 Page i
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City of Menifee Initial Study/Mitigated Negative Declaration Mandatory Findings of Significance .......................................................................................... 169
5.0 REFERENCES............................................................................................................................. 171 List of Tables
Table 1: Existing Land Uses and Zoning Designations ............................................................................... 3 Table 2: Overall Construction Emissions Summary................................................................................. 34 Table 3: Summary of Peak Operational Emissions.................................................................................. 35 Table 4: Localized Significance Summary Peak Construction. ................................................................. 36 Table 5: Localized Significance Summary Peak Operations..................................................................... 36 Table 6: Amortized Annual Construction Emissions................................................................................ 93 Table 7: Project GHG Emissions – Without Mitigation............................................................................ 94 Table 8: Consistency with the 2022 Scoping Plan................................................................................... 94 Table 9: Stationary Source Noise Standards......................................................................................... 127 Table 10: Construction Noise Level Compliance................................................................................... 128 Table 11: Nighttime Concrete Pour Noise Level Compliance ................................................................ 130 Table 12: Daytime Project Operational Noise Levels ............................................................................ 131 Table 13: Nighttime Project Operational Noise Levels.......................................................................... 131 Table 14: Daytime Project Operational Noise Level Increases .............................................................. 132 Table 15: Nighttime Operational Noise Level Increases........................................................................ 132 Table 16: Project Construction Vibration Levels................................................................................... 133 Table 17: Project Population and Employment Estimates .................................................................... 146 Table 18: Project-Generated VMT........................................................................................................ 146 Table 19: Required VMT Reduction...................................................................................................... 147 Table 20: Summary of Project Trip Generation .................................................................................... 150 Table 21: Project Fair Share Calculations.............................................................................................. 154 Table 22: Total Retail and Wholesale Water Supply (AFY) .................................................................... 160 Table 23: Single Dry Year Supply and Demand Comparison.................................................................. 161 Table 24: Multiple Dry Years Supply and Demand Comparisons........................................................... 161 Table 25: Landfill Information.............................................................................................................. 165 September 2024 Page ii
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City of Menifee Initial Study/Mitigated Negative Declaration List of Exhibits
Exhibit 1: Regional Location Map............................................................................................................. 7 Exhibit 2: Local Vicinity Map .................................................................................................................... 8 Exhibit 3: Existing and Proposed Zoning Designations.............................................................................. 9 Exhibit 4: Existing General Plan Land Use Designations.......................................................................... 10 Exhibit 5: Menifee North Specific Plan .................................................................................................. 11 Exhibit 6: Conceptual Site Plan............................................................................................................... 12 Exhibit 7: Conceptual Building Elevations............................................................................................... 13 Exhibit 8: Conceptual Landscape Plan.................................................................................................... 14 Exhibit 9: Off-Site Improvements........................................................................................................... 15 Exhibit 10: Conceptual Grading Plan ...................................................................................................... 16 Exhibit 11: Proposed General Plan Land Use Designations ..................................................................... 17 Exhibit 12: Proposed Zoning .................................................................................................................. 18 Exhibit 13: Receptor Locations............................................................................................................... 39 Exhibit 14: FEMA National Flood Hazard Layer FIRMette ..................................................................... 115 Exhibit 15: Sensitive Noise Receiver Locations ..................................................................................... 129 List of Appendices
Appendix A: Air Quality Impact Analysis and Health Risk Assessment Appendix B: Habitat Assessment and Western Riverside County Multiple Species Habitat Conservation Plan Consistency Analysis
Appendix C: Cultural Resources Assessment
Appendix D: Energy Calculations
Appendix E: Geotechnical Investigation
Appendix F: Greenhouse Gas Emissions Assessment
Appendix G: Phase I Environmental Site Assessment and Shallow Soil Investigation Report Appendix H: Preliminary Water Quality Management Plan and Preliminary Hydrology Report Appendix I: Noise and Vibration Analysis
Appendix J: Traffic Analysis and Vehicle Miles Traveled Assessment Appendix K: Water and Sewer Will Serve Letter
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City of Menifee Initial Study/Mitigated Negative Declaration
1.0 INTRODUCTION & PURPOSE
1.1 Purpose and Scope of the Initial Study
In accordance with the California Environmental Quality Act (CEQA) (California Public Resources Code Section 21000 et seq.) and its Guidelines (California Code of Regulations [CCR], Title 14, Section 15000 et seq.), this Initial Study (IS) was prepared by Kimley-Horn and Associates for the City of Menifee (City) to evaluate the potential environmental effects associated with the development of the Ethanac Business Park (Project). Pursuant to Section 15367 of the State CEQA Guidelines, the City is the lead agency for the Project. The City, as the lead agency, has the principal responsibility for approving the Project.
As noted in State CEQA Guidelines Section 10570, an Initial Study leading to a Mitigated Negative Declaration (IS/MND) can be prepared when the Initial Study has identified potentially significant environmental impacts but revisions have been made to a project, prior to public review of the Initial Study, that would avoid or mitigate the impacts to a level considered less than significant, and there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment.
1.2 Summary of Findings
Section 3.0, Initial Checklist, of this IS/MND contains the Environmental Checklist Form that was prepared for the Project pursuant to CEQA requirements. The Environmental Checklist Form indicates that the Project would not result in significant impacts with the implementation of mitigation measures, as identified where applicable throughout this document.
1.3 Initial Study Public Review Process
The IS and a Notice of Intent to adopt an MND will be distributed to responsible and trustee agencies, other affected agencies, and other interested parties for a 20-day public review period. Written comments regarding this MND should be addressed to:
Fernando Herrera, Associate Planner
Community Development, Planning Division
29844 Haun Road
Menifee, CA 92586
[email protected]
After the 20-day public review period, any comments submitted during the public review period will be considered and addressed prior to adoption of the MND by the City.
1.4 Report Organization
This document has been organized into the following sections:
Section 1.0 – Introduction. This section provides an introduction and overview describing the conclusions of the Initial Study.
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City of Menifee Initial Study/Mitigated Negative Declaration Section 2.0 – Project Description. This section identifies key project characteristics and includes a list of anticipated discretionary actions.
Section 3.0 – Initial Study Checklist. The Environmental Checklist Form provides an overview of the potential impacts that may or may not result from project implementation.
Section 4.0 – Environmental Evaluation. This section contains an analysis of environmental impacts identified in the environmental checklist.
Section 5.0 – References. The section identifies resources used to prepare the Initial Study.
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City of Menifee Initial Study/Mitigated Negative Declaration
2.0 DESCRIPTION OF PROPOSED PROJECT
2.1 Project Location, Setting, and Existing Conditions
Project Location
The Project site is located along Sherman Road, in the City of Menifee (City), County of Riverside, California, on Assessor Parcel Numbers (APNs) 331-110-023, -038, and -039. The Project is generally located in the northeastern portion of the City, approximately 0.37 miles to the east of Interstate 215 (I-215), east of Trumble Road, south of Ethanac Road, west of Sherman Road and north of McLaughlin Road. Refer to Exhibit 1, Regional Location Map. Regional access would be provided via I-215. Local access would be provided via Sherman Road which is located along the east portion of the Project site. Refer to Exhibit 2, Local Vicinity Map.
Project Setting, Land Use, and Zoning Designation
The Project site is an 11.47-acre site composed of three parcels. The Project site is developed with a sand and gravel supply company, which includes an office building, located in the northeastern corner of the site. The Project is in an infill area, bounded to the north by a heavy equipment rental agency, to the west by legal non-conforming single-family residences and vacant lots with Trumble Road beyond, to the south by a vacant lot, and to the east by Sherman Road.
The Project site’s existing zoning is “Menifee North Specific Plan (SP)” at APNs 331-110-038 and -039 and Heavy Industrial/Manufacturing (HI) at APN 331-110-023. Refer to Exhibit 3, Existing Zoning. The Project site’s existing general plan land use designation is “Menifee North Specific Plan” at APNs 331-110-038 and -039 and Heavy Industrial (HI) at APN 331-110-023. Refer to Exhibit 4, Existing General Plan Land Use Designations. As shown in Exhibit 5, Menifee North Specific Plan, the Project would be partially located within Planning Area (PA) 2 of the Menifee North SP which is an area designated as “Industrial.” Table 1, Existing Land Uses and Zoning Designations, summarizes the on-site and surrounding areas land use and zoning designations congruent with the City of Menifee General Plan (Menifee GP) and Municipal Code (Menifee MC).
Table 1: Existing Land Uses and Zoning Designations
Location Existing Zoning1 Existing General Plan Land Use2 Menifee North Specific Plan (Menifee North SP) Menifee North Specific Plan (Menifee North SP) Project Site Heavy Industrial/Manufacturing (HI)
Menifee North SP
Heavy Industrial (HI)
Menifee North SP
Menifee North SP
North
South Menifee North SP
Menifee North SP
Heavy Industrial/Manufacturing (HI)
Menifee North SP
Heavy Industrial (HI) West
East Menifee North SP Menifee North SP
Source:
(1) City of Menifee. (2023). General Plan – Land Use Map. Retrieved from: https://cityofmenifee.us/DocumentCenter/View/11043/GeneralPlan--Land-Use-Map---March-2023 (accessed January 2024). (2) City of Menifee. (2023). Zoning Map. Retrieved from: https://cityofmenifee.us/DocumentCenter/View/11042/Zoning-Map---March-2023 (accessed January 2024)
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City of Menifee Initial Study/Mitigated Negative Declaration The Menifee North SP (industrial), and Heavy Industrial (HI) designations would allow for the development of warehousing-related uses which the Project is consistent with.
2.2 Proposed Project Characteristics
The Project Applicant proposes a Plot Plan for a new 264,710 square foot (sq. ft.) warehouse consisting of 254,710 sq. ft. of warehouse area and 10,000 square feet of office area on a 11.47-acre site. Refer to Exhibit 6, Conceptual Site Plan. The warehouse building would have a structural height of approximately 43 feet (see Exhibit 7, Conceptual Building Elevations). The Project Applicant proposes 168 automobile parking spaces and 47 truck trailer parking stalls along with approximately 50,128 sq. ft. of landscaping onsite and 10,620 sq. ft. of landscaping offsite. Additionally, the Project Applicant proposes off-site improvements associated with necessary utility and roadway improvements as identified on Exhibit 9.
Although the Project’s proposed warehouse uses would be consistent with the existing land use and zoning designations, the HI designation differs from the Menifee North SP (industrial) designation.
Accordingly, the Project also includes various amendments as noted in Permits and Approvals below to consolidate the site’s land use and zoning designations to Menifee North SP, thus, providing for a single set of development and design standards to be uniformly applied to the entirety of the Project.
Landscaping
Irrigated landscaped areas for the Project site would be comprised of 50,128 sq. ft. of on-site landscaping.
Landscaping would be comprised of a variety of trees, drought-tolerant shrubs and ground cover and shrub masses. Refer to Exhibit 8, Conceptual Landscape Plan.
Parking And Site Access
As shown in Exhibit 6, the Project would provide 168 standard 9 feet (‘) by 18 inches (“) parking spaces and 47 standard 10’ by 55” trailer parking stalls. Vehicular ingress and egress would occur via one proposed 50-foot-wide ingress and egress driveway on Sherman Road, located at the northeastern corner of the Project site. This driveway would be unsignalized.
Internal circulation would be provided via a minimum 26-foot-wide fire lane around the perimeter of the building. Another entry to the Project site is proposed near the southeastern corner of the site via a 48’ 5” driveway which connect to APN 331-110-041. Construction of this entryway would be the responsibility of the Project Applicant or others based on first completion of project construction. Lastly, the Project site would provide a total of 32 dock doors, located on the eastern portion of the proposed warehouse building.
Project Grading
The Project Applicant proposes 47,910 cubic yards of cut and 47,947 cubic yards of fill, resulting in 37 cubic yards of import fill.
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City of Menifee Initial Study/Mitigated Negative Declaration Off-site Improvements
As shown in Exhibit 9, Off-Site Improvements, the following off-site roadway improvements are proposed:
• Sherman Road at the Project’s frontage would serve as the north/south major roadway for automobiles and trucks to and from the Project site. Improvements to Sherman Road at the Project frontage would include half street plus one lane interim improvements plus 12 feet. The road would be paved and include curb/gutter, sidewalk, and a landscaped parkway. • The intersection of Ethanac Road and Sherman Road would be improved to add a westbound left turn lane, eastbound left turn lane, and widening of corners to allow the safe turning of trucks onto Sherman Road and Ethanac Road.
Additionally, the following off-site utility improvements are proposed. • New sewer main would be installed along Sherman Road from Ethanac Road towards McLaughlin Road. The proposed sewer line would be extended into the Project site near the Project’s southeastern boundary.
•
•
New electrical and communication lines would be installed to service the Project along Sherman Road between Ethanac Road and McLaughlin Road.
New off-site storm drain system would extend towards Trumble Road towards the west. The offsite storm drain would be installed from along Trumble Road towards McLaughlin Road.
The environmental impacts associated with all of these off-site improvements are analyzed throughout this IS/MND.
Construction Schedule
The Project is anticipated to be developed in one phase. If the Project receives approval, construction activities would commence and end in 2025. Additionally, the Project is expected to use tractors, graders, dozers, and scrapers during the grading construction phase; refer to Exhibit 10, Conceptual Grading Plan.
As shown in Exhibit 10, the Project would have a raw cut of 20,274 cubic yards (C.Y.) and raw fill of 16,998 C.Y. for a raw net import of 47,947 C.Y.
Permits and Approvals
The City is the Lead Agency under CEQA and is responsible for reviewing and certifying the adequacy of the IS/MND for the Project. It is expected that the City, at a minimum, would consider the data and analyses contained in this IS/MND when making their permit determinations. Prior to development of the Project, discretionary permits and approvals must be obtained from local, state and federal agencies, as listed below:
• Planning Application No. PLN23-0173 (General Plan Amendment) proposes to change APN 331- 110-023 (1.16 acres) from Heavy Industrial (HI) to Menifee North SP. Refer to Exhibit 11,Proposed General Plan Land Use Designations.
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City of Menifee Initial Study/Mitigated Negative Declaration •
•
•
Planning Application No. PLN23-0175 (Specific Plan Amendment) proposes to change the boundary of the Menifee North Specific Plan by adding APN 331-110-023 (1.16 acres) and designating it as Planning Area 2 – Industrial.
Planning Application No. PLN23-0174 (Change of Zone) proposes to change APN 331-110-023 (1.16 acres) from Heavy Industrial/Manufacturing (HI) to Menifee North Specific Plan. Refer to Exhibit 12, Proposed Zoning.
Planning Application No. PLN23-0171 (Plot Plan) proposes to construct a new approximately 264,710 square foot warehouse consisting of 254,710 square feet of warehouse area and 10,000 square feet of office area on a 11.47-acre site. The Project proposes approximately 168 automobile parking spaces and 47 truck trailer parking stalls along with approximately 58,864 square feet of landscaping.
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; demolition permits; building permits; grading permits; tenant improvement permits; and permits for new utility connections.
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City of Menifee Initial Study/Mitigated Negative Declaration
3.0 INITIAL STUDY CHECKLIST
1. Project title:
Ethanac Business Park
2. Lead agency name and address:
City of Menifee
29844 Haun Road
Menifee, CA 92586
3. Contact person and phone number:
Fernando Herrera, Associate Planner
(951) 723-3718
4. Project location:
The Project site is located along Sherman Road, in the City of Menifee (City), County of Riverside, California, on Assessor Parcel Numbers (APNs) 331-110-023, -038, and -039. The Project is generally located in the northeastern portion of the City, approximately 0.37 miles to the east of Interstate 215 (I-215), east of Trumble Road, south of Ethanac Road, west of Sherman Road and north of McLaughlin Road.
5. Project sponsor's name and address:
CORE5 Industrial Partners
300 Spectrum Center Drive Suite 880
Irvine, CA 92618
6. General plan designation:
Current: Heavy Industrial (HI) and Menifee North SP
Proposed: Menifee North SP
7. Zoning:
Current: Heavy Industrial (HI) and Menifee North Specific Plan; Planning Area 2 - Industrial Proposed: Menifee North Specific Plan; Planning Area 2 - Industrial
8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) The Project proposes a Plot Plan for a new approximately 264,710 square foot (sq. ft.) warehouse consisting of 254,710 sq. ft. of warehouse area and 10,000 square feet of office area on a 11.47-acre site. Refer to Exhibit 6, Conceptual Site Plan. The warehouse building would have a structural September 2024 Page 19
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City of Menifee Initial Study/Mitigated Negative Declaration height of approximately 43 feet (see Exhibit 7, Conceptual Building Elevations). The Project proposes 168 automobile parking spaces and 47 truck trailer parking stalls along with approximately 58,864 sq. ft. of landscaping.
Additionally, as shown in Exhibit 9, Off-Site Improvements, the following off-site roadway improvements are proposed:
• Sherman Road at the Project’s frontage would serve as the north/south major roadway for automobiles and trucks to and from the Project site. Improvements to Sherman Road at the Project frontage would include half street plus one lane interim improvements plus 12 feet.
The road would be paved and include curb/gutter, sidewalk, and a landscaped parkway. • The intersection of Ethanac Road and Sherman Road would be improved to add a westbound left turn lane, eastbound left turn lane, and widening of corners to allow the safe turning of trucks onto Sherman Road and Ethanac Road.
Additionally, the following off-site utility improvements are proposed. • New sewer main would be installed along Sherman Road from Ethanac Road towards McLaughlin Road. The proposed sewer line would be extended into the Project site near the Project’s southeastern boundary.
•
•
New electrical and communication lines would be installed to service the Project along Sherman Road between Ethanac Road and McLaughlin Road.
New off-site storm drain system would extend towards Trumble Road towards the west. The off-site storm drain would be installed from along Trumble Road towards McLaughlin Road.
9. Surrounding land uses and setting: Briefly describe the project's surroundings:
The Project is generally located in the northeastern portion of the City, approximately 0.37 miles to the east of Interstate 215 (I-215), east of Trumble Road, south of Ethanac Road, west of Sherman Road and north of McLaughlin Road. Regional access would be provided via I-215. Local access would be provided via Sherman Road which is located along the east portion of the Project site.
10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.)
None
11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? The City completed AB 52 and SB 18 tribal consultation of the Project. Based on the City’s prior experience with and written requests, the City initiated AB 52 tribal consultation with the following potentially interested Tribes: Agua Caliente Band of Cahuilla Indians; Pechanga Band of Indians; Rincon Band of Luiseño Indians; and Soboba Band of Luiseño Indians. Pertaining to SB 18, based on September 2024 Page 20
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City of Menifee Initial Study/Mitigated Negative Declaration the tribal consultation list provided by NAHC, SB 18 notices were sent to 18 tribes. Refer to Section 4.18, Tribal Cultural Resources of this document for additional information.
NOTE: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21080.3.2.) Information may also be available from the California Native AmericanHeritageCommission’s Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality.
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City of Menifee Initial Study/Mitigated Negative Declaration Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages.
Aesthetics Greenhouse Gas Emissions Public Services
Agricultural and Forestry
Resources
Hazards & Hazardous
Materials
Recreation
Transportation
Tribal Cultural Resources
Utilities/Service Systems
Wildfire
Air Quality Hydrology/Water Quality
Land Use/Planning
Mineral Resources
Noise
Biological Resources
Cultural Resources
Energy Mandatory Findings of
Geology/Soils Population/Housing Significance
DETERMINATION:
On the basis of this initial evaluation (check one):
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
CERTIFICATION:
Signature Date
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City of Menifee Initial Study/Mitigated Negative Declaration
4.0 ENVIRONMENTAL ANALYSIS
Aesthetics
Potentially
Significant
Potentially
Significant
Issues
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
ENVIRONMENTAL IMPACTS
Issues
No
Impact
1. AESTHETICS. Except as provided in Public Resources Code Section 21099, would the project:
a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway?
X
c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are
experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing
scenic quality?
X
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X
a) Have a substantial adverse effect on a scenic vista? Less than Significant Impact. Construction activities (e.g., grading, equipment staging, and associated building activities) would temporarily change the visual characteristics of the Project site as seen from the surrounding uses. These construction activities would be visible to motorists along Ethanac Road, Sherman Road, Trumble Road, and Dawson Road and would occur within one year from when construction activity commences, ending in 2025, during which a certain level of aesthetic changes would occur on the site.
Following the approval of the proposed General Plan Amendment (GPA), Zone Change (ZC), and Specific Plan Amendment, the Project site would be fully designated/classified as Menifee North SP (Planning Area 2, “Industrial”); refer to Exhibit 5. Per the Menifee North SP, the allowed structural building height in Planning Area 2 is 50 feet high. The proposed warehouse would not exceed 50 feet in height. As shown in Exhibit 7, the proposed warehouse building would be approximately 43 feet in height, which is consistent with the allowed building height. Although the proposed warehouse building would be taller than the existing structures to the north, the building height would not exceed the maximum 50 feet structural height and would be setback in accordance with the Menifee North SP design standards. A minimum 25-foot setback shall be required on any street. Along Sherman Road, the Project includes a 25-foot landscape setback, and the building would be setback by approximately 151 feet. These setbacks would exceed the required setback for the Project. Refer to Exhibit 6 for more information.
September 2024 Page 23
Item Title: 11.1 Ethanac Business Park
Item Page Number: 56
Menifee Mayor and City Council November 20, 2024 Page 577 of 2294 Ethanac Business Park
City of Menifee Initial Study/Mitigated Negative Declaration Scenic views from the Project site include 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. Local scenic views are the Menifee Mountains located to the southeast. Buildout of the warehouse building has the potential to obstruct views to the aforementioned scenic vistas. However, the Project building would not significantly obscure views of this relatively close scenic vista to nearby residents or motorists traversing Sherman Road, Trumble Road and Ethanac Road because the Project would be consistent with the allowed building height and required setbacks. Additionally, the Menifee GP does not officially designate scenic vistas on or near the Project site. The Menifee GP Draft EIR found that upon implementation of GP policies and adherence to the Menifee MC, implementation of the Menifee GP, which includes buildout of the Menifee North SP, would not substantially degrade scenic vistas in Menifee, and that scenic vista and community character impacts would be less than significant. 1 Therefore, the
Project would cause a less than significant impact to scenic vistas. b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. There are no officially designated state scenic highways within the City.2 State Route (SR) 74, located approximately 2,365 feet northeast of the Project site, is eligible but not officially designated as a state scenic highway. SR 74 from the west boundary of the San Bernardino National Forest to SR 111 located in Palm Desert is the nearest officially designated state scenic highway.
This portion of SR 74 is located approximately 18 miles east of the Project site. Therefore, construction and operation of the Project would not damage or obstruct a scenic resource within a state scenic highway. No impact would occur.
c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less Than Significant Impact.
Public Resources Code Section 21071 defines an urbanized area as:
a) An incorporated city that meets either of the following criteria:
1) Has a population of at least 100,000 persons.
2) Has a population of less than 100,000 persons if the population of that city and not more than two contiguous incorporated cities combined equals at least 100,000 persons.
1 2
City of Menifee. (2013). Menifee General Plan Draft Environmental Impact Report, Section 5.1: Aesthetics. https://www.cityofmenifee.us/DocumentCenter/View/1101/Ch-05-01-AE?bidId= (accessed January 2024).
Caltrans. (2018). California State Scenic Highway System Map. https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa (accessed January 2024).
September 2024 Page 24
Item Title: 11.1 Ethanac Business Park
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Menifee Mayor and City Council November 20, 2024 Page 578 of 2294 Ethanac Business Park
City of Menifee Initial Study/Mitigated Negative Declaration According to the Department of Finance, the City’s 2023 population was 110,034 and therefore meets criterion a-1. This discussion will analyze whether or not the Project would conflict with applicable zoning and other regulations governing scenic quality.
As stated in the previous impact, the Project site is located within Planning Area 2, which is an area designated Industrial under the Menifee North SP. The Project and surrounding land uses allow for industrial development and warehousing related uses which the Project is consistent with.
Thus, the Project would comply with all applicable Menifee North SP development and design standards and guidelines. Standards and guidelines specific to scenic quality include the general standards, Planning Area 2 planning standards, and lighting standards. The Project would also comply with the Menifee GP goals and policies listed in Section 4.1.3 as they pertain to aesthetics and scenic quality.
Some general standards that apply site-wide include:
• Standards relating to signage, landscaping, parking, and other related design elements will conform to the Menifee North SP. When appropriate and necessary to meet the goals of this Specific Plan, the standards contained within this document will exceed the zoning code requirements.
• All project lighting shall be in accordance with applicable City of Menifee standards, including Chapter 9.205 of the Development Code.
Planning standards specific to Planning Area 2 include, but are not limited to:
• Primary access into Planning Area 2 shall be provided from Sherman Road, Antelope Road, and McLaughlin Road.
• Project entry/intersection statements, as shown on Figure IV-3 of the SP, shall be developed at the intersection of Highway 74 and Sherman Road, and at the intersection of Highway 74 and Antelope Road.
•
•
Minor intersection monumentation treatments shall be established at corners of Sherman Road and Antelope Road at designated entrances to Planning Area 2. These treatments are illustrated on Figure IV-4 of the SP.
Roadway landscape treatments shall be incorporated along Highway 74, Sherman Road, Antelope Road, Trumble Road, and McLaughlin Road, as depicted on Figures IV-15, 17 and 18 of the SP, respectively.
Lighting standards are as follows:
• It is recommended that all primary streets be adequately illuminated to provide for the safety and comfort of vehicular and pedestrian movement. Appropriate lighting will encourage nighttime use of community facilities.
• Landscape lighting may be used for accentuating the following conditions: shrub masses, focal elements, and trees (up-lights) if properly camouflaged from view and placed at ground level without attaching to plant materials.
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Item Title: 11.1 Ethanac Business Park
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Menifee Mayor and City Council November 20, 2024 Page 579 of 2294 Ethanac Business Park
City of Menifee Initial Study/Mitigated Negative Declaration • All lighting shall be designed and located in a manner which is compatible with scenic values and other public interests throughout the community. • General lighting shall not cast any glare onto adjacent lots and streets in such a manner as to decrease the ambiance of adjacent areas or the safety of pedestrian and vehicular movement.
•
•
•
Indirect wall lighting and “wall washing" overhead downlighted or interior illumination which spills outside is encouraged.
Pedestrian lighting shall provide area illumination for entry ways, courtyards and other such areas.
Lighting fixtures shall be complementary to the architectural concepts.
Lastly the Project would be required to comply with the Menifee Industrial Good Neighbor Policies pertaining to aesthetics which includes but is not limited to designing loading docks and truck driveways away from sensitive receptors; being consistent with the City’s Industrial Design Guidelines to reduce visual dominance on adjacent sensitive receptors; decorative walls would be used to screen industrial uses from adjacent sensitive receptors; and landscaping (and berming for walls greater than six feet in height) would be used to reduce the visual impact of the walls (limited to the truck court area).
3 Through compliance with the Menifee North SP development and design standards and guidelines, Menifee GP goals and policies, and Menifee Industrial Good Neighbor Policies, the Project would not conflict with applicable zoning and other regulations governing scenic quality. Therefore, the Project would have a less than significant impact.
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less than Significant Impact. Sources of light and glare exist minimally in the Project’s immediate vicinity. Existing lighting sources include outdoor lighting emitted from adjacent developments including the non-conforming residential homes to the west, and industrial uses to the north, and vehicle headlights from nearby roadways.
The warehouse building would include interior lighting and exterior security and parking lot lighting. Consistent with Chapter 9.205 of the Development Code, all lighting shall be shielded and/or recessed to reduce light trespass to adjoining properties. Each fixture shall be directed straight down and away from adjoining properties and public rights-of-way, so that no light fixture directly illuminates an area outside of the site. Lighting should be limited to only areas necessary for safety, security and to compliment architectural character.
Additionally, the Project would be consistent with the Menifee North SP lighting standards listed in the previous impact. More precisely, general lighting shall not cast any glare onto adjacent lots and streets in such a manner as to decrease the ambiance of adjacent areas or the safety of pedestrian and vehicular movement. Due to the semi-rural nature of the Project, shiny or flashing 3 City of Menifee. (2020). Industrial Good Neighbor Policies. Available at:
https://www.cityofmenifee.us/DocumentCenter/View/16937/Industrial-Good-Neighbor-Policies?bidId= (accessed April 2024).
September 2024 Page 26
Item Title: 11.1 Ethanac Business Park
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Menifee Mayor and City Council November 20, 2024 Page 580 of 2294 Ethanac Business Park
City of Menifee Initial Study/Mitigated Negative Declaration materials may be inappropriate. Hot, vibrant colors with large amounts of chroma should be avoided, especially when considering large surfaces. The main body of the building should be colored soft enough to appear cool, but not dark and dreary or muddy. Additionally, the warehouse windows proposed for the Project would be constructed from a variety of non-reflective building materials, including tempered vision glass and tempered spandrel glass.
Compliance with applicable lighting and glare design and development standards would ensure 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. Impacts would be less than significant.
Cumulative Impacts
Aesthetic impacts related to scenic views, scenic quality, and light and glare are generally site-specific. As concluded in Thresholds 1(a) through 1(d), the Project’s potential aesthetic impacts related to aesthetic resources would be less than significant. The Project would be consistent with the type and intensity of the existing commercial and light industrial uses. Consistent with the Project, each cumulative development would be subject to compliance with applicable State and local development standards, and guidelines to minimize aesthetic-related impacts. Therefore, the Project’s aesthetic-related impacts are not expected to be cumulatively considerable and less than significant.
September 2024 Page 27
Item Title: 11.1 Ethanac Business Park
Item Page Number: 60
Menifee Mayor and City Council November 20, 2024 Page 581 of 2294 Ethanac Business Park
City of Menifee Initial Study/Mitigated Negative Declaration Agriculture and Forestry Resources
Potentially
Significant
Potentially
Significant
Issues
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
ENVIRONMENTAL IMPACTS
Issues
No
Impact
2. AGRICULTURE AND FORESTRY RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency,
to non-agricultural use?
X
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
X
c) Conflict with existing zoning for, or cause rezoning of, X forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources
Code section 4526), or timberland zoned Timberland
Production (as defined by Government Code section
51104(g))?
d) Result in the loss of forest land or conversion of forest land to non-forest use?
X
e) Involve other changes in the existing environment which, X due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of
forest land to non-forest use?
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact. Prime farmland is land that has the best combination of physical and chemical attributes that is conducive to sustained agricultural uses and production of the nation’s short- and long-term needs for food and fiber. Prime farmland is limited and therefore requires conservation when able. Unique farmland is classified as any farmland other than prime farmland that is used to generate high-value food and fiber crops, such as citrus, tree nuts, olives, cranberries, and other fruits and vegetables. Like prime farmland, unique farmland contains an adequate combination of September 2024 Page 28
Item Title: 11.1 Ethanac Business Park
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City of Menifee Initial Study/Mitigated Negative Declaration physical and chemical attributes that is conducive to the growth of those high-value crops.
Farmland of statewide importance is delineated by individual states and includes land that may not meet the standards of prime or unique farmland but is still able to be an area of significant production for a state.
According to the California Department of Conservation’s California Important Farmland Finder, 4 and Menifee GP Exhibit OSC-5: Agricultural Resources, 5 the Project site does not contain Prime
Farmland, Unique Farmland, or Farmland of Statewide Importance. The Project site is classified is classified as “Other Land” by the California Important Farmland Finder and Other Land and Farmland of Local Importance in the Menifee GP Exhibit OSC-5. Since the Project would not convert lands classified as Prime Farmland, Unique Farmland, or Farmland of Statewide importance to nonagricultural use, no impact would occur. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. Review of the City’s Land Use Map shows that no agricultural uses are allowed within or nearby the Project site.
6 The Project would be located within the Menifee North SP land use designation and zoning (upon approval of the proposed GPA, ZC, and SPA) which allows for industrial uses. Additionally, there are no lands within the City that are currently under a Williamson Act contract.
7 Therefore, the Project would not conflict with existing zoning for agricultural use, or a Williamson Act contract. No Impact would occur. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
No Impact. As previously stated, the Project would be located within the Menifee North SP land use designation and zoning. Thus, the Project site would not conflict with lands zoned as forest land. Furthermore, review of the City’s Zoning Map shows that there is no forest zoning in the City.8 Additionally, the Project site is currently developed and contains no forest land on-site. Therefore, the Project would not conflict with existing zoning, or cause rezoning of forest land, timberland, or timberland zoned Timberland Production. No Impact would occur. d) Result in the loss of forest land or conversion of forest land to non-forest use? No Impact. As stated in the previous impact, the Project is not zoned for forest land, and the Project site does not contain “Forest Land” resources. Accordingly, no impact concerning the loss of forest land or conversion of forest land to non-forest use would occur. 4 5
6 7
8 California Department of Conservation. (2022). California Important Farmland Finder. Available at:
https://maps.conservation.ca.gov/DLRP/CIFF/ (accessed January 2024).
City of Menifee. (2013). Menifee GP Exhibit OSC-5: Agricultural Resources. Available at:
https://www.cityofmenifee.us/DocumentCenter/View/1086/ExhibitOSC-5_AgriculturalResources_HD0913?bidId= (accessed January 2024).
City of Menifee. (2023). General Plan – Land Use Map. Retrieved from: https://cityofmenifee.us/DocumentCenter/View/11043/GeneralPlan--Land-Use-Map---March-2023 (accessed January 2024).
City of Menifee. (2013). Menifee General Plan Draft EIR, Section 5.2: Agriculture and Forestry Resources. p. 5.2-5. Available at:
https://www.cityofmenifee.us/DocumentCenter/View/1102/Ch-05-02-AG?bidId= (accessed January 2024).
City of Menifee. (2023). Zoning Map. Retrieved from: https://cityofmenifee.us/DocumentCenter/View/11042/Zoning-Map---March-2023 (accessed January 2024).
September 2024 Page 29
Item Title: 11.1 Ethanac Business Park
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Menifee Mayor and City Council November 20, 2024 Page 583 of 2294 Ethanac Business Park
City of Menifee Initial Study/Mitigated Negative Declaration e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
No Impact. Due to the lack of existing active farmland, forest lands, timberlands, or areas zoned for agriculture on the Project site or surrounding areas, development of the Project site would not involve changes that would result in the conversion of agricultural or forestry resources to nonagricultural uses. No impacts would occur.
Cumulative Impacts
As noted above, the Project would have no impact on agricultural and forestry resources since the Project would be consistent with existing on-site and surrounding uses. Therefore, the Project would not contribute to a cumulatively considerable impact.
September 2024 Page 30
Item Title: 11.1 Ethanac Business Park
Item Page Number: 63
Menifee Mayor and City Council November 20, 2024 Page 584 of 2294 Ethanac Business Park
City of Menifee Initial Study/Mitigated Negative Declaration Air Quality
Potentially
Significant
Potentially
Significant
Issues
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
ENVIRONMENTAL IMPACTS
Issues
No
Impact
3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflictwith or obstructimplementation of the applicable X
air quality plan?
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard?
X
c) Expose sensitive receptors to substantial pollutant
concentrations?
X
d) Result in other emissions (such as those leading to odors X adversely affecting a substantial number of people?
An Air Quality Impact Analysis and Health Risk Assessment was prepared for the Project by Urban Crossroads in September 2024. These reports are summarized below and are included as Appendix A1:
Air Quality Impact Analysis and Appendix A2: Health Risk Assessment of this MND.
Applicable General Plan Policies:
Goal OSC-9: Reduced impacts to air quality at the local level by minimizing pollution and particulate matter.
Policy OSC-9.1: Meet state and federal clean air standards by minimizing particulate matter emissions from construction activities.
Policy OSC-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 OSC-9.3: Comply with regional, state, and federal standards and programs for control of all airborne pollutants and noxious odors, regardless of source.
Policy OSC-9.4: Support the Riverside County Regional Air Quality Task Force, the Southern California Association of Government’s Regional Transportation Plan/Sustainable Communities Strategy, and the South Coast Air Quality Management District’s Air Quality Management Plan to reduce air pollution at the regional level.
September 2024 Page 31
Item Title: 11.1 Ethanac Business Park
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Menifee Mayor and City Council November 20, 2024 Page 585 of 2294 Ethanac Business Park
City of Menifee Initial Study/Mitigated Negative Declaration a) Conflict with or obstruct implementation of the applicable air quality plan? Less than Significant Impact.
The Project site is located within the South Coast Air Basin (SCAB), which is characterized by relatively poor air quality. The South Coast Air Quality Management District (SCAQMD) has jurisdiction over an approximately 10,743 square-mile area consisting of the four-county Basin and the Los Angeles County and Riverside County portions of what use to be referred to as the Southeast Desert Air Basin. In these areas, the SCAQMD is principally responsible for air pollution control, and works directly with the Southern California Association of Governments (SCAG), county transportation commissions, local governments, as well as state and federal agencies to reduce emissions from stationary, mobile, and indirect sources to meet state and federal ambient air quality standards.
Currently, these state and federal air quality standards are exceeded in most parts of the SCAB. In response, the (SCAQMD) has adopted a series of Air Quality Management Plans (AQMPs) to meet the state and federal ambient air quality standards. AQMPs are updated regularly in order to more effectively reduce emissions, accommodate growth, and to minimize any negative fiscal impacts of air pollution control on the economy.
In December 2022, the SCAQMD released the Final 2022 AQMP (2022 AQMP). The 2022 AQMP continues to evaluate current integrated strategies and control measures to meet the California Ambient Air Quality Standards (CAAQS), as well as explore new and innovative methods to reach its goals. Some of these approaches include utilizing incentive programs, recognizing existing cobenefit programs from other sectors, and developing a strategy with fair-share reductions at the federal, state, and local levels. Similar to the 2016 AQMP, the 2022 AQMP incorporates scientific and technological information and planning assumptions, including SCAG’s 2020-2045 Regional Transportation Plan/ Sustainable Communities Strategy (RTP/SCS), referred to as the Connect SoCal, a planning document that supports the integration of land use and transportation to help the region meet the federal Clean Air Act (CAA) requirements. The Project’s consistency with the AQMP will be determined using the 2022 AQMP as discussed below. The AQMP demonstrates that the applicable ambient air quality standards can be achieved within the timeframes required under federal law. Growth projections from local general plans adopted by cities in the district are provided to the SCAG, which develops regional growth forecasts, which are then used to develop future air quality forecasts for the AQMP. Therefore, development consistent with the growth projections in the Menifee GP is considered to be consistent with the AQMP.
Criteria for determining consistency with the AQMP are defined in Chapter 12, Section 12.2 and Section 12.3 of the SCAQMD’s 1993 CEQA Handbook. These indicators are discussed below:
Consistency Criterion 1
Under Consistency Criterion No. 1, the Project would 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 AQMP. The violations that Consistency Criterion No. 1 refer to are the CAAQS and National Ambient Air Quality September 2024 Page 32
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City of Menifee Initial Study/Mitigated Negative Declaration Standards (NAAQS). CAAQS and NAAQS violations would occur if regional or localized significance thresholds were exceeded.
As concluded in Impact (b) below, the Project’s localized and regional construction- and operational-source emissions would not exceed applicable regional significance threshold and localized significance thresholds. As such, a less than significant impact is expected since the Project would be consistent with the first criterion.
Consistency Criterion 2
Under Consistency Criterion No. 2, the Project would not exceed the assumptions in the AQMP based on the years of Project build-out phase.
Peak day emissions generated by construction activities are largely independent of land use assignments, but rather are a function of development scope and maximum area of disturbance.
Irrespective of the site’s land use designation, development of the site to its maximum potential would likely occur, with disturbance of the entire site occurring during construction activities. As such, when considering that no emissions thresholds would be exceeded, a less than significant impact would occur.
According to the Menifee GP, part of the Project site (APNs 331-110-038 and -039) is designated as Menifee North Specific Plan – Planning Area 2 (Industrial) and part of the Project site (APN 331-110-023) is designated as Heavy Industrial (HI). The HI land use designation allows for more intense industrial activities, such as manufacturing uses, that can generate significant impacts such as excessive noise, dust, and other nuisance.
The Project Applicant proposes a GPA to change APN 331-110-023 from Heavy Industrial to Specific Plan. The Project also includes a ZC to change APN 331-110-023 from Heavy Industrial to Menifee North Specific Plan. Additionally, the Project includes a Specific Plan Amendment to change the boundary of the Menifee North Specific Plan by adding APN 331-110-023 and designating it as Planning Area 2 – Industrial. Although General Plan, Zoning and Specific Plan Amendments are proposed, the change from Heavy Industrial to Menifee North Specific Plan will not result in an intensification of land uses on the site. Both designations authorize the same types of uses, at similar intensities. Therefore, the Project’s construction and operational emissions are not expected exceed regional or localized applicable thresholds established by the SCAQMD. As such, the Project would not conflict with the goals and objectives of the AQMP.
On the basis of the preceding discussion, the Project is determined to be consistent with the second criterion. Refer to following discussion for more information. b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
Less than Significant Impact.
September 2024 Page 33
Item Title: 11.1 Ethanac Business Park
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Menifee Mayor and City Council November 20, 2024 Page 587 of 2294 Ethanac Business Park
City of Menifee Initial Study/Mitigated Negative Declaration Construction Emissions
Construction associated with the Project would generate short-term emissions of criteria air pollutants. The criteria pollutants of primary concern within the Project area include O3-precursor pollutants (i.e., ROG and NOX) and PM10 and PM2.5. Construction-generated emissions are short term and of temporary duration, lasting only as long as construction activities occur, but would be considered a significant air quality impact if the volume of pollutants generated exceeds the SCAQMD’s thresholds of significance.
Construction results in the temporary generation of emissions resulting from site preparation, grading, building construction, road paving, and architectural coating, and on-road vehicle emissions associated with construction equipment and worker trips, and the movement of construction equipment, especially on unpaved surfaces.
Construction of the Project is anticipated to commence in February 2025 and is estimated to be completed on December 2025. Construction-generated emissions associated with the Project were calculated using the California Air Resources Board (CARB)-approved CalEEMod computer program. Estimated maximum daily construction-generated emissions are summarized in Table 2, Overall Construction Emissions Summary.
Table 2: Overall Construction Emissions Summary
Emissions (lbs/day)
Year
VOC NOX CO SOX PM10 PM2.5
Summer
17.29 Winter
17.88 17.88
100
2025
2025
10.48 35.54 0.17 8.55 2.51
8.53 10.48
75 20.67
35.54 550
0.17 0.17
150
NO
8.53 8.55
150
NO
2.49 2.51
55 Maximum Daily Emissions
SCAQMD Regional Threshold
Threshold Exceeded? NO NO NO NO
Table 2 shows that unmitigated construction emissions would not exceed any of the SCAQMD thresholds for any criteria pollutant. Therefore, impacts concerning construction emissions would be less than significant without incorporation of mitigation measures.
Operational Emissions
Operational activities associated with the Project would result in emissions of VOCs, NO , SO , CO, X X PM , and PM . Operational emissions are expected primarily from area source, energy source, 10 2.5 mobile source, stationary source, and on-site cargo handling equipment source emissions.
CalEEMod utilizes summer and winter EMFAC2021 emission factors in order to derive vehicle emissions associated with Project operational activities, which vary by season. The estimated operational-source emissions are summarized in Table 3, Summary of Peak Operational Emissions September 2024 Page 34
Item Title: 11.1 Ethanac Business Park
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Menifee Mayor and City Council November 20, 2024 Page 588 of 2294 Ethanac Business Park
City of Menifee Initial Study/Mitigated Negative Declaration Table 3: Summary of Peak Operational Emissions
Emissions (lbs/day)
Source
VOC NOX CO SOX PM10 PM2.5
Summer
14.44 0.10
Mobile Source
Area Source
Emergency Fire Pump
1.57 7.93
0.98 21.52
11.51 2.51
0.17 0.00
0.00 8.39
0.02 0.14
2.35 0.02
2.75 0.14
Total Maximum Daily
Emissions 10.48 17.29 35.54 0.17 8.55 2.51
SCAQMD Regional Threshold 55 55 550 150 150 55
Threshold Exceeded? No No No No No No
Winter
15.13 0.00
2.75 Mobile Source
Area Source
Emergency Fire Pump
1.51 6.04
0.98 18.16
0.00 2.51
0.16 0.00
0.00 8.39
0.00 0.14
2.35 0.00
0.14 Total Maximum Daily
Emissions 8.53 17.88 20.67 0.17 8.53 2.49
SCAQMD Regional Threshold 55 55 550 150 150 55
Threshold Exceeded? No No No No No No
VOC = Volatile Organic Compounds; NO = Nitrogen Oxides; CO = Carbon Monoxide; SO = Sulfur Dioxide; PM = Particulate Matter X 2 10 10 microns in diameter or less; PM2.5 = Particulate Matter 2.5 microns in diameter or less Source: ibid. p. 44 – Table 3-8. See Appendix A1
As shown in Table 3, the Project’s daily regional emissions from on-going operations would not exceed the thresholds of significance for emissions of any criteria pollutant.
Overall, the Project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard and impacts would be less than significant. c) Expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact.
Construction
Localized Construction Significance Analysis
To identify impacts to sensitive receptors, the SCAQMD recommends addressing Localized Significance Thresholds (LSTs) for construction. LSTs were developed in response to environmental justice and health concerns raised by the public regarding exposure of individuals to criteria pollutants in local communities. To address the issue of localized significance, the SCAQMD adopted LSTs that show whether a project would cause or contribute to localized air quality impacts and thereby cause or contribute to potential localized adverse health effects.
Emissions during the peak construction activity will not exceed the SCAQMD’s localized significance thresholds at the maximally exposed receptor location, as illustrated in Table 4, Localized Significance Summary Peak Construction.
September 2024 Page 35
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Menifee Mayor and City Council November 20, 2024 Page 589 of 2294 Ethanac Business Park
City of Menifee Initial Study/Mitigated Negative Declaration Table 4: Localized Significance Summary Peak Construction.
CO NO2 PM10 PM2.5
Peak Construction Averaging Time
1-Hour
0.11 0.9
1.01 20
8-Hour
0.05 0.6
0.65 9
1-Hour
3.37E-02
0.037
0.07 0.18
No
24-Hours 24-Hours
Peak Day Localized Emissions
Background Concentration A
Total Concentration
SCAQMD Localized Significance Threshold B
Threshold Exceeded?
0.41 0.15
0.41 10.4
No
0.15 10.4
No No No
A: Highest concentration from the last three years of available data. Per SCAQMD LST guidance, PM10 and PM2.5 background concentrations are not considered.
B: Significance thresholds are based on SCAQMD’s Air Quality Significance Thresholds for Ambient Air Quality Standards for Criteria Pollutants.
Notes: PM10 and PM2.5 concentrations are expressed in µg/m3. All others are expressed in parts per million (ppm).
Source: ibid. p. 48– Table 3-9. See Appendix A1
All other modeled locations in the Project area would experience a lesser concentration and consequently a lesser impact. As such, the Project’s localized impacts during construction activity would be less than significant.
Operations
Localized Operational Significance Analysis
The LST analysis generally includes on-site sources (area, energy, mobile, and on-site cargo handling equipment). However, it should be noted that the CalEEMod outputs do not separate onsite and off-site emissions from mobile sources. As such, to establish a maximum potential impact scenario for analytic purposes, the modeled emissions include all on-site Project-related stationary (area) sources and on-site Project-related mobile emissions. In order to account for on-site mobile emissions, a trip length of 0.20 miles was utilized for both trucks and passenger cars.
Emissions during peak operational activity will not exceed the SCAQMD’s localized significance thresholds at the maximally impacted receptor location, as illustrated in Table 5, Localized Significance Summary Peak Operations
Table 5: Localized Significance Summary Peak Operations CO NO2 PM10 PM2.5
Peak Construction Averaging Time
1-Hour 8-Hour 1-Hour 24-Hours 24-Hours
Peak Day Localized Emissions
Background Concentration A
Total Concentration
SCAQMD Localized Significance Threshold B
Threshold Exceeded?
1.19E-02 5.06E-03 1.99E-03 0.01 0.01
0.9 0.91
20 0.6
0.61 9
0.037
0.04 0.18
No
0.01 2.5
No
0.01 2.5
No No No
A Highest concentration from the last three years of available data. Per SCAQMD LST guidance, PM10 and PM2.5 background concentrations are not considered.
B Significance thresholds are based on SCAQMD’s Air Quality Significance Thresholds for Ambient Air Quality Standards for Criteria Pollutants.
Notes: PM10 and PM2.5 concentrations are expressed in µg/m3. All others are expressed in ppm.
Source: ibid. p. 49 – Table 3-10. See Appendix A1
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City of Menifee Initial Study/Mitigated Negative Declaration All other modeled locations in the study area would experience a lesser concentration and consequently a lesser impact. As such, the Project’s localized impacts during operational activity would be less than significant.
Criteria Pollutant Health Impacts
In December 2018, in the case of Sierra Club v. County of Fresno (2018) 6 Cal.5th 502, the California Supreme Court held that an Environmental Impact Report’s air quality analysis must meaningfully connect the identified air quality impacts to the human health consequences of those impacts, or meaningfully explain why that analysis cannot be provided.
Most local agencies, including the City of Menifee, lack the data to do their own assessment of potential health impacts from criteria air pollutant emissions, as would be required to establish customized, locally-specific thresholds of significance based on potential health impacts from an individual development project. The use of national or “generic” data to fill the gap of missing local data would not yield accurate results because such data does not capture local air patterns, local background conditions, or local population characteristics, all of which play a role in how a population experiences air pollution. Because it is impracticable to accurately isolate the exact cause of a human disease (for example, the role a particular air pollutant plays compared to the role of other allergens and genetics in causing asthma), existing scientific tools cannot accurately estimate health impacts of the Project’s air emissions without undue speculation. Instead, readers are directed to the Project’s air quality impact analysis above, which provides extensive information concerning the quantifiable and non-quantifiable health risks related to the Project’s construction and long-term operation.
Notwithstanding, the Air Quality Impact Analysis (Appendix A1) evaluated the Project’s localized impact to air quality for emissions of CO, NO , PM , and PM by comparing the Project’s on-site X 10 2.5 emissions to the SCAQMD’s applicable LST thresholds. The LST analysis above determined that the Project would not result in emissions exceeding SCAQMD’s LSTs. Therefore, the Project would not be expected to exceed the most stringent applicable federal or state ambient air quality standards for emissions of CO, NO , PM , and PM X 10 2.5.
As the Project’s emissions would comply with federal, state, and local air quality standards, the Project’s emissions are not sufficiently high enough to use a regional modeling program to correlate health effects on a basin-wide level and would not provide a reliable indicator of health effects if modeled.
Carbon Monoxide Hotspots
An analysis of CO “hot spots” can determine whether the change in the level of service of an intersection resulting from the Project would have the potential to result in exceedances of the CAAQS or NAAQS. It has long been recognized that CO exceedances are caused by vehicular emissions, primarily when vehicles are idling at intersections. Vehicle emissions standards have become increasingly stringent in the last 20 years. Currently, the CO standard in California is a maximum of 3.4 grams per mile for passenger cars (requirements for certain vehicles are more stringent). With the turnover of older vehicles, introduction of cleaner fuels, and implementation of control technology on industrial facilities, CO concentrations have steadily declined.
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City of Menifee Initial Study/Mitigated Negative Declaration Accordingly, with the steadily decreasing CO emissions from vehicles, even very busy intersections do not result in exceedances of the CO standard.
The Project would not result in potentially adverse CO concentrations or “hot spots.” Further, detailed modeling of Project-specific CO “hot spots” is not needed to reach this conclusion. An adverse CO concentration, known as a “hot spot,” would occur if an exceedance of the state onehour standard of 20 ppm or the eight-hour standard of 9 ppm were to occur. The ambient 1-hr. and 8-hr. CO concentration within the Project study area is estimated to be 0.9 ppm and 0.6 ppm, respectively (data from the Lake Elsinore monitoring station for 2022). The traffic volumes for the Project, coupled with the on-going improvements in ambient air quality, would not be capable of resulting in a CO “hot spot” at any study area intersections.
Construction and Operational Diesel Particulate Matter (DPM)-Source Cancer and NonCancer Risks Universal Transverse Mercator (UTM) coordinates for World Geodetic System (WGS) 84 were used to locate the Project site boundaries, each volume source location, and receptor locations in the Project vicinity. Refer to Exhibit 13, Receptor Locations.
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City of Menifee
Ethanac Business Park
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City of Menifee Initial Study/Mitigated Negative Declaration Construction Impacts
The land use with the greatest potential exposure to Project construction-source DPM emissions is Location R5 which is located approximately 581 feet west of the Project site at an existing residence located at 26228 Trumble Road. Location R5 is placed in the private outdoor living areas (backyard) facing the Project site. At the maximally exposed individual receptor (MEIR), the maximum incremental cancer risk attributable to Project construction-source DPM emissions is estimated at 0.17 in one million, which is less than the South Coast Air Quality Management District (SCAQMD) significance threshold of 10 in one million. At this same location, non-cancer risks were estimated to be ≤0.01, which would not exceed the applicable threshold of 1.0. Location R5 is the nearest receptor to the Project site and would experience the highest concentrations of DPM during Project construction due to its location and meteorological conditions at the site. Because all other modeled receptors would experience lower concentrations of DPM during Project construction, all other receptors in the vicinity of the Project would be exposed to less emissions and therefore less risk than the MEIR identified herein. As such, the Project will not cause a significant human health or cancer risk to adjacent land uses as a result of Project construction activity.
Operational Impacts
Residential Exposure Scenario:
The residential land use with the greatest potential exposure to Project operational-source DPM emissions is Location R1 which is located approximately 755 feet northeast of the Project site at an existing residence located at 27555 Ethanac Road. R1 is placed in the private outdoor living area (backyard) facing the Project site. At this location, the maximum incremental cancer risk attributable to Project operational-source DPM emissions is estimated at 0.38 in one million which would not exceed the SCAQMD’s significance threshold of 10 in one million. At this same location, non-cancer risks were estimated to be ≤0.01 which would not exceed the applicable significance threshold of 1.0.
Location R1 is the nearest receptor to the Project site and would experience the highest concentrations of DPM from Project operation due to its location and meteorological conditions at the Project site. Since all other modeled receptors would be exposed to lower concentrations of DPM, all other receptors in the vicinity of the Project would be exposed to less emissions and therefore less risk than the MEIR identified herein. As such, the Project will not cause a significant human health or cancer risk to nearby residences.
Worker Exposure Scenario
The worker receptor land use with the greatest potential exposure to Project operational-source DPM emissions is Location R6, which represents the potential worker receptor located approximately 91 feet north of the Project site. The maximally exposed individual worker (MEIW) is the worker receptor location that would experience the highest modeled concentrations of DPM, and thus the highest risk. At the MEIW, the maximum incremental cancer risk impact is 0.15 in one million which is less than the SCAQMD’s threshold of 10 in one million. Maximum non-cancer risks at this same location were estimated to be ≤0.01 which would not exceed the applicable September 2024 Page 40
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City of Menifee Initial Study/Mitigated Negative Declaration significance threshold of 1.0. Because all other modeled worker receptors would be exposed to lower concentrations of DPM, all other worker receptors in the vicinity of the Project would be exposed to less emissions and therefore less risk than the MEIW identified herein. As such, the Project will not cause a significant human health or cancer risk to adjacent workers.
School Child Exposure Scenario:
Proximity to sources of toxics is critical to determining the impact. In traffic-related studies, the additional non-cancer health risk attributable to proximity was seen within 1,000 feet and was strongest within 300 feet. California freeway studies show about a 70 percent drop-off in particulate pollution levels at 500 feet. Based on CARB and SCAQMD emissions and modeling analyses, an 80 percent drop-off in pollutant concentrations is expected at approximately 1,000 feet from a distribution center.
The 1,000-foot evaluation distance is supported by research-based findings concerning Toxic Air Contaminant (TAC) emission dispersion rates from roadways and large sources showing that emissions diminish substantially between 500 and 1,000 feet from emission sources.
A one-quarter mile radius, or 1,320 feet, is commonly utilized for identifying sensitive receptors, such as schools, that may be impacted by a Project. This radius is more robust than, and therefore provides a more health protective scenario for evaluation than the 1,000-foot impact radius identified above. Notwithstanding, for full disclosure purposes, the nearest school was also evaluated.
The nearest school and location of the maximally exposed individual school child (MEISC) is Romoland Elementary School, located approximately 3,269 feet northeast of the Project site and represented by Receptor R7. At the MEISC, the maximum incremental cancer risk impact attributable to the Project is calculated to be 0.01 in one million, which is less than the significance threshold of 10 in one million. At this same location, non-cancer risks attributable to the Project were calculated to be ≤0.01, which would not exceed the applicable significance threshold of 1.0.
Because all other modeled school receptors would be exposed to lower concentrations of DPM, all other school receptors in the vicinity of the of the Project would be exposed to less emissions and therefore less risk than the MEISC identified herein.
Construction and Operational Impacts
The analysis in the HRA (Appendix A2) considered a conservative scenario in which a child at a nearby residence is exposed to Project construction-related DPM emissions from birth for the expected one year of Project construction and is then exposed to Project operational emissions for the remaining 29 years of the 30-year residential exposure scenario. As stated above, in the case of Sierra Club v. County of Fresno (2018) 6 Cal.5th 502, the California Supreme Court held that an Environmental Impact Report’s air quality analysis must meaningfully connect the identified air quality impacts to the human health consequences of those impacts, or meaningfully explain why that analysis cannot be provided.
The land use with the greatest potential exposure to Project construction-source and operationalsource DPM emissions is Location R5. At the MEIR, the maximum incremental cancer risk September 2024 Page 41
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City of Menifee Initial Study/Mitigated Negative Declaration attributable to Project construction-source and operational-source DPM emissions is estimated at
0.39 in one million which is less than the threshold of 10 in one million. At this same location, noncancer risks were estimated to be ≤0.01 under both scenarios, which would not exceed the applicable threshold of 1.0. As such, the Project would not cause a significant human health or cancer risk to adjacent land uses as a result of Project construction and operational activity. All other receptors during construction and operational activity would experience less risk than what is identified for this location.
d) Result in other emissions (such as those leading to odors adversely affecting a substantial number of people?
Less than Significant Impact.
The potential for the Project to generate objectionable odors has also been considered. Land uses generally associated with odor complaints include:
•
•
•
•
•
•
•
•
•
Agricultural uses (livestock and farming)
Wastewater treatment plants
Food processing plants
Chemical plants
Composting operations
Refineries
Landfills
Dairies
Fiberglass molding facilities
The Project does not contain land uses typically associated with emitting objectionable odors.
Potential odor sources associated with the Project may result from construction equipment exhaust and the application of asphalt and architectural coatings during construction activities and the temporary storage of typical solid waste (refuse) associated with the Project’s long-term operational uses. Standard construction requirements would minimize odor impacts from construction. The construction odor emissions would be temporary, short-term, and intermittent in nature and would cease upon completion of the respective phase of construction and is thus considered less than significant. It is expected that Project-generated refuse would be stored in covered containers and removed at regular intervals in compliance with current solid waste regulations. The Project would also be required to comply with SCAQMD Rule 402 to prevent occurrences of public nuisances. Therefore, odors and other emissions (such as those leading to odors) associated with construction and operations activities of the Project would be less than significant and no mitigation is required.
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City of Menifee Initial Study/Mitigated Negative Declaration Cumulative Impacts
The CAAQS designate the Project site as nonattainment for O , PM , and PM while the NAAQS 3 10 2.5 designates the Project site as nonattainment for O and PM . 3 2.5 The SCAQMD has published a report on how to address cumulative impacts from air pollution: White Paper on Potential Control Strategies to Address Cumulative Impacts from Air Pollution. In this report the SCAQMD clearly states (Page D-3):
“…the SCAQMD uses the same significance thresholds for project specific and cumulative impacts for all environmental topics analyzed in an Environmental Assessment or EIR.
The only case where the significance thresholds for project specific and cumulative impacts differ is the Hazard Index (HI) significance threshold for TAC emissions. The project specific (project increment) significance threshold is HI > 1.0 while the cumulative (facility-wide) is HI > 3.0. It should be noted that the HI is only one of three TAC emission significance thresholds considered (when applicable) in a CEQA analysis. The other two are the maximum individual cancer risk (MICR) and the cancer burden, both of which use the same significance thresholds (MICR of 10 in 1 million and cancer burden of 0.5) for project specific and cumulative impacts.
Projects that exceed the project-specific significance thresholds are considered by the SCAQMD to be cumulatively considerable. This is the reason project-specific and cumulative significance thresholds are the same. Conversely, projects that do not exceed the project-specific thresholds are generally not considered to be cumulatively significant.”
Therefore, the Air Quality Impact Analysis (Appendix A1) assumed that individual projects that do not generate operational or construction emissions that exceed the SCAQMD’s recommended daily thresholds for project-specific impacts would also not cause a cumulatively considerable increase in emissions for those pollutants for which SCAB is in nonattainment, and, therefore, would not be considered to have a significant, adverse air quality impact. Alternatively, individual project-related construction and operational emissions that exceed SCAQMD thresholds for project-specific impacts would be considered cumulatively considerable.
Construction Impacts
The Project-specific evaluation of emissions in Appendix A1 demonstrates that Project constructionsource air pollutant emissions would not result in exceedances of regional thresholds. Therefore, Project construction-source emissions would be considered less than significant on a Project-specific and cumulative basis.
Operational Impacts
The Project-specific evaluation of emissions presented in the AQ Impact Analysis demonstrates that Project operation-source air pollutant emissions would not result in exceedances of regional thresholds.
Therefore, Project operation-source emissions would be considered less than significant on a projectspecific and cumulative basis.
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City of Menifee Initial Study/Mitigated Negative Declaration Biological Resources
Potentially
Significant
Potentially
Significant
Issues
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
ENVIRONMENTAL IMPACTS
Issues
No
Impact
4. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish and Wildlife Service?
X
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife
Service?
X
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
X
d) Interfere substantially with the movement of any native X resident or migratory fish or wildlife species or with
established native residentor migratory wildlife corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
X
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat conservation plan?
X
A Habitat Assessment and Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Consistency Analysis was prepared for the Project by ELMT Consulting. This report is summarized below and is included as Appendix B of this MND.
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S.
Fish and Wildlife Service?
Less than Significant with Mitigation Incorporated.
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City of Menifee Initial Study/Mitigated Negative Declaration Sensitive Species
A literature search conducted in Appendix B identified 17 special-status plant species, 51 specialstatus wildlife species, and two special-status plant communities as having potential to occur within the Romoland quadrangle. Special-status plant and wildlife species were evaluated for their potential to occur within the Project site based on habitat requirements, availability and quality of suitable habitat, and known distributions.
Concerning special-status plant species, review of Appendix B, Attachment C, Table C-1: Potentially Occurring Special-Status Biological Resources concluded that based on habitat requirements for specific species and the availability and quality of on- and off-site habitats, it was determined that paniculate tarplant (Deinandra paniculata) has a low potential to occur. None of the other specialstatus plant species have potential to occur on- or off-site due to the lack of suitable habitat and routine on-site disturbances and all are presumed absent. Paniculate tarplant is not federally or state listed as threatened or endangered. It is designated as CNPS Rare Plant Rank 4.2. CNPS Rare Plant Rank 4 species are of limited distribution or infrequent throughout a broader area in California, with 4.2 species considered to be moderately threatened. No mitigation obligations specific to these species are expected.
Concerning special-status animal species, review of Appendix B, Attachment C, Table C-1:
Potentially Occurring Special-Status Biological Resources concluded that the only special-status wildlife species observed on- and off-site during the field investigation was Cooper’s hawk (Accipiter cooperii). Based on habitat requirements for specific species and the availability and quality of on-site habitats, it was determined that the Project site has a moderate potential to support sharp-shinned hawk (Accipiter striatus); and low potential to support and California horned lark (Eremophila alpestris actia). It was further determined that both on- and off-site areas do not have potential to support any of the other special-status wildlife species known to occur in the vicinity of the site and all are presumed absent.
Concerning special-status plant communities, the two identified communities do not occur within the boundaries of the Project site.
Multi Species Habitat Conservation Plan
The Project site is located within the Sun City/Menifee Valley Area Plan of the Western Riverside MSHCP but is not located within any designated Criteria Cells. Additionally, the Project site is located within the designated survey area for burrowing owl, and Narrow Endemic Plant Species Munz’s onion, San Diego ambrosia, many-stemmed dudleya, spreading navarretia, California Orcutt grass, and Wright’s trichoronis.
Burrowing Owl
Despite a systematic search of the project site, no burrowing owls or sign (i.e., pellets, feathers, castings, or whitewash) were observed during the field investigation conducted as part of Appendix B. Most of the project site is unvegetated, which allows for minimal line-of-sight observation favored by burrowing owls. Existing onsite activities have precluded suitable burrows from establishing on the project stie. Further, the presence of tall trees and power lines immediately surrounding the project site, provide perching opportunities for large raptors September 2024 Page 45
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City of Menifee Initial Study/Mitigated Negative Declaration (i.e., red-tailed hawk) that can prey on burrowing owls. Additionally, free-roaming domestic dogs were observed within the boundaries of the Project site. Therefore, burrowing owl are presumed to be absent.
Since suitable burrowing owl habitat was not found within the Project site and off-site improvement areas, Part B-Focused Burrowing Owl surveys were not required. Therefore, the Project is consistent with Section 6.3.2 of the MSHCP. However, pursuant to MM BIO-1, a preconstruction burrowing owl clearance survey would be conducted prior to ground disturbing activities to ensure that impacts to potentially occurring Burrowing Owls are minimized to less than significant levels. With implementation of MM BIO-1, potential impacts to burrowing owl that could occur on-site would be less than significant.
Nesting Birds and Raptors
No active nests or birds displaying nesting behavior were observed during the field survey, which was conducted outside of breeding season. Although subjected to routine disturbance, the ornamental vegetation found within the northeast corner of the Project site and offsite along the eastern boundary has the potential to provide suitable nesting habitat for year-round and seasonal avian residents, as well as migrating songbirds and raptor species that could occur in the area and are adapted to urban environments. Additionally, disturbed areas within the Project site have the potential to support ground nesting species such as killdeer.
Nesting birds are protected pursuant to the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (Sections 3503, 3503.5, 3511, and 3513 prohibit the take, possession, or destruction of birds, their nests or eggs). If construction occurs between February 1st and August 31st, MM BIO-2 would be implemented that would require that a pre-construction clearance survey for nesting birds should be conducted within three days of the start of any vegetation removal or ground disturbing activities to ensure that no nesting birds would be disturbed during construction.
Overall, implementation of MMs BIO-1 and BIO-2 and any relevant conditions of approval would ensure that the Project would have no substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S.
Fish and Wildlife Service.
Mitigation Measures:
MM BIO-1: A 30-day pre-construction burrowing owl survey shall be conducted prior to any ground disturbing activities to avoid direct take of burrowing owls, in accordance with Objectives 6 of the Species Account for the Burrowing Owl included in the Western Riverside County Multiple Species Habitat Conservation Plan.
If burrowing owl are not detected during the preconstruction 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 September 2024 Page 46
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City of Menifee Initial Study/Mitigated Negative Declaration and experience and verify compliance with this buffer and will verify the nesting effort has finished. Work can resume when no other active burrowing owl nesting efforts are observed. If active burrowing owl burrows are detected outside the breeding season, then passive and/or active relocation pursuant to a Burrowing Owl Plan that shall be prepared by the Applicant and approved by the City in consultation with CDFW, or the Project Developer shall stop construction activities within the buffer zone established around the active nest and shall not resume construction activities until the nest is no longer active. The Burrowing Owl Plan shall be prepared in accordance with guidelines in the MSHCP. Burrowing owl burrows shall be excavated with hand tools by a qualified biologist when determined to be unoccupied and backfilled to ensure that animals do not reenter the holes/dens.
If ground-disturbing activities occur but the site is left undisturbed for more than 30 days, a preconstruction survey will again be required to ensure burrowing owl has not colonized the site since it was last disturbed. If burrowing owl is found, the same coordination described above shall be required.
MM BIO-2 If construction occurs between February 1st and August 31st, a pre-construction clearance survey for nesting birds shall be conducted within three days of the start of any vegetation removal or ground disturbing activities to ensure that no nesting birds will be disturbed during construction. The biologist conducting the clearance survey shall document a negative survey with a brief letter report indicating that no impacts to active avian nests will occur. If an active avian nest is discovered during the pre-construction clearance survey, construction activities shall stay outside of a no-disturbance buffer. The size of the no-disturbance buffer will be determined by the wildlife biologist and will depend on the level of noise and/or surrounding anthropogenic disturbances, line of sight between the nest and the construction activity, type and duration of construction activity, ambient noise, species habituation, and topographical barriers. These factors will be evaluated on a case-by-case basis when developing buffer distances. Limits of construction to avoid an active nest will be established in the field with flagging, fencing, or other appropriate barriers; and construction personnel will be instructed on the sensitivity of nest areas. A biological monitor shall be present to delineate the boundaries of the buffer area and to monitor the active nest to ensure that nesting behavior is not adversely affected by the construction activity. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, construction activities within the buffer area can occur. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? September 2024 Page 47
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City of Menifee Initial Study/Mitigated Negative Declaration c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
No Impact. An assessment of the potentially significant effects of the Project on riparian, riverine and vernal pool areas was conducted.
Several ponded areas were observed in the disturbed areas of the Project site during the field investigation. These ponded areas were formed following the recent storm events, on top of the hard compacted soils. The Project site has been subject to routine anthropogenic disturbances that have heavily compacted the soils onsite which has been routinely used for sand/gravel and vehicle storage with a thin layer of loose gravel in portions of the site. Further, the drainage patterns currently occurring on the Project site do not follow hydrologic regimes needed to support vernal pools.
The grading of the site for the sand and gravel storage activities would likely have eliminated potential fairy shrimp cysts in the soil, if they historically occurred onsite. Further, the loose gravel onsite, and routine disturbances would likely preclude fairy shrimp from occurring onsite. The underlying soils (Monserate sandy loam) are not hydric, and are not soils listed under the MSHCP that typically are found in association with vernal pools or vernal pool type habitat. As a result of rough grading and continual compacting of the soils from existing land disturbances, and no known vernal pool type soils or restrictive layers, potential road ruts and/or human-made depressions on the site are do not support suitable habitat for fairy shrimp, and fairy shrimp surveys are not warranted.
Although these features exhibit hydrology, the features are compacted and lack hydric soils, and the features do not support any vegetation. Therefore, the features are not MSHCP vernal pools because they lack two of the parameters needed to be considered as a depressional wetland.
Additionally, based on the field investigation, no jurisdictional drainage and/or wetland features were observed on the Project site or within the during the field investigation.
Overall, the Project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service, and would not result in impacts to United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), or California Department of Fish and Wildlife (CDFW) jurisdiction and regulatory approvals would not be required. Therefore, no impact would occur. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
No Impact. The Project site and off-site improvement area have not been identified as occurring in a wildlife corridor or linkage. The Project will be confined to existing areas that have been heavily disturbed and are isolated from regional wildlife corridors and linkages. In addition, there are no riparian corridors, creeks, or useful patches of steppingstone habitat (natural areas) within or connecting the Project site and off-site improvement areas to a recognized wildlife corridor or September 2024 Page 48
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City of Menifee Initial Study/Mitigated Negative Declaration linkage. As such, implementation of the Project is not expected to impact wildlife movement opportunities. Therefore, impacts to wildlife corridors or linkages are not expected to occur. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
Less than Significant Impact. Vegetation onsite is limited to grassland species and ruderal species.
As identified in the Cultural Resources Assessment (Appendix C), there is an alignment of eucalyptus trees located along the Sherman Road right-of-way that are considered “parkway trees” per Menifee MC Chapter 9.200, Tree Preservation. These trees that could be impacted due to the proposed roadway improvements of Sherman Road at the Project’s frontage and proposed utilities along Sherman Road towards Ethanac Road. However, according to MC Section 9.200.030, the parkway trees would be considered “nuisance tree” since the eucalyptus trees due to its overall growth, location or root expansion, may negatively impact sewers, power lines, gas lines, water lines, paved walkways, roadways, curbs or other public improvements. Therefore, the Project’s potential removal of the eucalyptus trees would be permitted under the City’s Tree Preservation Ordinance. Therefore, the Project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance and less than significant impact would occur.
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Less than Significant with Mitigation Incorporated. No wildlife species that are Covered Species and Adequately Conserved by the MSHCP were detected within the Project site and off-site improvement areas during the habitat assessment and focused surveys. The Project would not directly affect any relevant MSHCP-covered plant and animal species for which surveys can sometimes be required or special mitigation arranged. Payment of required MSHCP and Stephens’ kangaroo rat fees is intended to offset habitat losses for animals such as Stephens’ kangaroo rat, coyote, and foraging bird species that might utilize the Project development area. The impacts that might occur on-site are what the MSHCP anticipated in areas not situated in Criteria Area Cells (i.e., potential future MSHCP Reserve lands). Impacts are primarily offset through MSHCP fee payment and Stephens’ kangaroo rat fee payment. Overall, the Project would not conflict with the relevant provisions of the Western Riverside County MSHCP, and a less than significant impact would occur in this regard with implementation of MMs BIO-1 and BIO-2.
Mitigation Measures:
Refer to MM BIOs-1 and BIO-2 above.
Cumulative Impacts
As concluded above, the Project would not result in significant impacts to biological resources with implementation of mitigation measures and compliance with applicable State, regional, and local regulations pertaining to biological resources. Similar to the Project, cumulative development impacts on biological resources would be evaluated on an individual project-level. Therefore, in conjunction with cumulative development, the Project’s impact on biological resources would not be cumulatively considerable.
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City of Menifee Initial Study/Mitigated Negative Declaration Cultural Resources
Potentially
Significant
Potentially
Significant
Issues
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
ENVIRONMENTAL IMPACTS
Issues
No
Impact
5. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5?
X
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5?
X
c) Disturb any human remains, including those interred X outside of dedicated cemeteries?
A Cultural Resources Assessment (CRA) was prepared for the Project by Kimley-Horn and Associates. This report is summarized below and included as Appendix C of this IS/MND. a) Cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5?
No Impact. An intensive-level cultural resources field survey conducted on the site identified one cultural resource (KHA-ETH-24-01). The historic built environmental resource is a one-story singlefamily dwelling that was constructed in 1965. Additionally, locations of off-site improvements were provided in August 2024. The Eastern Information Center (EIC) closed effective July 2024, and therefore, an additional records search could not be completed. However, the record search in January 2024 incorporated a one-mile buffer, which entirely encompassed the areas of off-site improvements. Additional research conducted in the CRA noted that one previously recorded cultural resource is located in the offsite improvements (P-33-028203). P-33-028203 is historic-age alignment of eucalyptus trees on the west and east right-of-way of Sherman Road. Historic aerial images indicate that the trees were planted before 1938.
The California Register of Historical Resources (CRHR) is based upon four criteria, at least one of which must be satisfied for a resource to be eligible for inclusion into the CRHR in addition to retaining its integrity. A resource is eligible if:
1. it is associated with events that have made a significant contribution to the broad patterns of our history;
2. it is associated with the lives of persons important in our past;
3. it embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic value; or
4. it has yielded or is likely to yield information important in prehistory or history.
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City of Menifee Initial Study/Mitigated Negative Declaration P-33-028203 was recorded in 2018 by J.A. Keller who evaluated the cultural resources and determined that it was not eligible for the CRHR.
Concerning Criterion 1, the building was constructed within the context of 1960s early development of City. However, research has not identified significant association between the resource and important events related to agricultural and residential development. Therefore, the building is recommended not eligible for the CRHR under Criterion 1.
Concerning Criterion 2, research about the building and its land use has not associated the resource with any important historical figures. Research about current and previous landowners has not identified them as historical figures. As a result, the building is recommended not eligible for the CRHR under Criterion 2.
Concerning Criterion 3, the building does not have any distinctive characteristics, and it lacks decorative features and distinctive design. Its architectural style is very typical of 1960s residential construction in this region. For these reasons, it is recommended not eligible for the CRHR under Criterion 3. Lastly, concerning Criterion 4, the building is unlikely to yield important information about the regional history since it is a well-understood resource type. Therefore, it is recommended not eligible under Criterion 4.
The building and property are not recommended eligible under any criteria for listing in the California Register. Therefore, KHA-ETH-24-01 does not qualify as a “Historical Resource” under CEQA. As previously noted, P-33-028203 was also determined to not be eligible for the CRHR. No impact to a historical resource pursuant to Section 15064.5 would occur. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5?
Less than Significant Impact. The CRA stated that no known “unique archaeological resources” defined by CEQA were identified in the Project area given the extent of prior grading activities.
However, the Project would comply with City’s Standard Conditions of Approval (COA)-CUL-1 through in the event that archaeological resources are found to ensure that impacts to the archaeological resource are reduced and to further avoid any inadvertent discovery of archaeological resources. This includes development of a Cultural Resources Management Plan (CRMP) that would be used to guide the Project Applicant/contractor and the City with the ongoing management of the potential archaeological resources, pursuant to COA-CUL-3. Therefore, compliance with COA-CUL-1 through COA-CUL-7 would ensure the Project would not cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5.
Standard Conditions of Approval
COA-CUL-1 Human Remains. If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The county Coroner must be notified of the find immediately. The remains shall be left in place and free from disturbance until a final decision as to the treatment and September 2024 Page 51
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City of Menifee Initial Study/Mitigated Negative Declaration disposition has been made. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC) within the period specified by law (24 hours). The NAHC will determine and notify a "most likely descendant." With the permission of the landowner or his/her authorized representative, the most likely descendent may inspect the site of the discovery. This inspection shall be completed within 48 hours of notification by the NAHC. The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98.
COA-CUL-2 Non-Disclosure of Location Reburials. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code section 7927.000, parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code section 7927.000.
COA-CUL-3 Inadvertent Archaeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). a. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s), and the Community Development Director to discuss the significance of the find.
b. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources.
c. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional Tribal monitors if needed.
d. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Management Plan (CRMP) and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located September 2024 Page 52
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City of Menifee Initial Study/Mitigated Negative Declaration in native soils and/or re-burial on the Project property so they are not subject to further disturbance in perpetuity as identified in Non-Disclosure of Reburial Condition.
e. Pursuant to California Public Resources Code Section 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, and recommendations of the project archaeologist and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council.
COA-CUL-4 Cultural Resources Disposition. In the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries:
a. One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Menifee Community Development Department:
i. Preservation-In-Place of the cultural resources, if feasible. Preservation in place means avoiding the resources, leaving them in the place where they were found with no development affecting the integrity of the resources. ii. Reburial of the resources on the Project property. The measures for reburial shall include, at least, the following: Measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and basic recordation have been completed, with an exception that sacred items, burial goods, and Native American human remains are excluded. Any reburial process shall be culturally appropriate. Listing of contents and location of the reburial shall be included in the confidential Phase IV report. The Phase IV Report shall be filed with the City under a confidential cover and not subject to Public Records Request.
iii. If preservation in place or reburial is not feasible then the resources shall be curated in a culturally appropriate manner at a Riverside County curation facility that meets State Resources Department Office of Historic Preservation Guidelines for the Curation of Archaeological Resources ensuring access and use pursuant to the Guidelines. The collection and associated records shall be transferred, including title, and are to be accompanied by payment of the fees necessary for permanent curation. Evidence of curation in the form of a letter from the curation facility stating that subject archaeological materials have been received and that September 2024 Page 53
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City of Menifee Initial Study/Mitigated Negative Declaration COA-CUL-5
all fees have been paid, shall be provided by the landowner to the City. There shall be no destructive or invasive testing on sacred items, burial goods and Native American human remains. Results concerning finds of any inadvertent discoveries shall be included in the Phase IV monitoring report.
Archaeologist Retained. Prior to issuance of a grading permit the project applicant shall retain a Riverside County qualified archaeologist to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources.
The Project Archaeologist and the Tribal monitor(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologist and the Tribal monitor(s), shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors.
The developer/permit holder shall submit a fully executed copy of the contract to the Community Development Department to ensure compliance with this condition of approval. Upon verification, the Community Development Department shall clear this condition.
In addition, the Project Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a CRMP in consultation pursuant to the definition in AB 52 to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site. A consulting tribe is defined as a tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB 52 consultation process, and has completed AB 52 consultation with the City as provided for in California Public Resources Code Section 21080.3.2(b)(1) of AB 52. Details in the Plan shall include:
a. Project grading and development scheduling;
b. The Project archaeologist and the Consulting Tribe(s) shall attend the pre-grading meeting with the City, the construction manager and any contractors and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance.
The Training will include a brief review of the cultural sensitivity of the Project and the surrounding area; what resources could potentially be identified during earthmoving activities; the requirements of the monitoring program; the protocols that apply in the event inadvertent discoveries of cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. All new construction personnel that will conduct earthwork or grading activities that begin work on the Project following the initial Training must take the Cultural Sensitivity Training prior to beginning work and the Project archaeologist and Consulting Tribe(s) shall make themselves available to provide the training on an as-needed basis; September 2024 Page 54
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City of Menifee Initial Study/Mitigated Negative Declaration COA-CUL-6
c. The protocols and stipulations that the contractor, City, Consulting Tribe(s) and Project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation.
Native American Monitoring (Soboba Band of Luiseño Indians and Pechanga Band of Indians). Tribal monitor(s) from both tribes shall be required on-site during all grounddisturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Soboba Band of Luiseño, as well as the Pechanga Band of Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract (Monitoring Agreement) between the above-mentioned Tribes and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Tribal Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground-disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist.
COA-CUL-7 Archaeology Report - Phase III and IV. Prior to final inspection of the first building permit associated with each phase of grading, the developer/permit holder shall prompt the Project Archaeologist to submit two (2) copies of the Phase III Data Recovery report (if conducted for the Project) and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department's requirements for such reports.
The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre-grade meeting. The Community Development Department shall review the reports to determine adequate mitigation compliance. Provided the reports are adequate, the Community Development Department shall clear this condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one (1) copy shall be submitted to the Consulting Tribe(s) Cultural Resources Department(s)
c) Disturb any human remains, including those interred outside of dedicated cemeteries? Less Than Significant Impact. There are no formal cemeteries located on or near the Project site.
The closest cemetery from the Project site is the Menifee Valley Cemetery located approximately
1.36 miles southwest of the Project site. Given the very low potential for the Project’s grounddisturbing activities to encounter archaeological remains, human remains to be potentially encountered are considered low. However, if ground-disturbing activities reveal human remains, a substantial adverse change in the significance of such a resource could occur.
COA-CUL-1 and COA-CUL-2 are required to reduce potentially significant impacts to previously unknown human remains that may be unexpectedly discovered during Project implementation to a less than significant level. COA-CUL-1 requires that in the unlikely event that human remains are uncovered, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code (Public Resources Code) Section 7050.5. If the Coroner, with assistance from a qualified archaeologist, determines that the September 2024 Page 55
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City of Menifee Initial Study/Mitigated Negative Declaration remains are or appear to be of a Native American, he/she must contact the NAHC for further investigations and proper recovery of such remains. Note the NAHC must be contacted within the period specified by law (24 hours).
The NAHC shall then identify the “most likely descendant.” The most likely descendant shall then participate in consultation and make recommendations concerning the treatment of the remains as provided in Public Resources Code Section 5097.98.
Additionally, pursuant to Public Resources Code Section 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made.
COA-CUL-2 concludes the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act.
Furthermore, human remains from other ethnic/cultural groups could potentially occur within the Project area and would also be subject to consultation between appropriate representatives and the Community Development Director. The Project would comply with all applicable state laws, and therefore would have a less than significant impact concerning human remains.
Cumulative Impacts
As concluded above, the Project would not result in any impacts associated with historical and archeological resources, or human remains. The determination of cumulative impacts occurring from the development of the Project, in conjunction with cumulative development, is less than significant. Each cumulative project is required to comply with all applicable federal, State, and local laws and regulations and implement mitigation measures, as applicable, to protect and/or preserve cultural resources that may occur on site. Therefore, the Project’s incremental effects would not be cumulatively considerable.
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City of Menifee Initial Study/Mitigated Negative Declaration Energy
Potentially
Significant
Potentially
Significant
Issues
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
ENVIRONMENTAL IMPACTS
Issues
No
Impact
6. ENERGY. Would the project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or
operation?
X
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
X
Energy Calculations were prepared for the Project by Urban Crossroads in September 2024. These calculations are presented below and included as Appendix D of this MND.
California Code Title 24, Part 6, Energy Efficiency Standards Energy conservation standards for new residential and non-residential buildings were adopted by the California Energy Resources Conservation and Development Commission (now the California Energy Commission) in June 1977 and are updated every three years (Title 24, Part 6, of the CCR).
The standards are updated periodically to allow consideration and possible incorporation of new energy efficient technologies and methods. CCR, Title 24, Part 11: California Green Building Standards Code (CALGreen) is a comprehensive and uniform regulatory code for all residential, commercial, and school buildings that went in effect on August 1, 2009, and is administered by the California Building Standards Commission.
CALGreen is updated on a regular basis, with the most recent approved update consisting of the 2022 California Green Building Code Standards that became effective on January 1, 2023. The CEC anticipates that the 2022 energy code will provide $1.5 billion in consumer benefits and reduce GHG emissions by 10 million metric tons. The Project would be required to comply with the applicable standards in place at the time building permit document submittals are made.
Senate Bill 350
In October 2015, the legislature approved and the Governor signed SB 350, which reaffirms California’s commitment to reducing its GHG emissions and addressing climate change. Key provisions include an increase in the renewables portfolio standard (RPS), higher energy efficiency requirements for buildings, initial strategies towards a regional electricity grid, and improved infrastructure for electric vehicle charging stations. Specifically, SB 350 requires the following to reduce statewide GHG emissions:
• Increase the amount of electricity procured from renewable energy sources from 33% to 50% by 2030, with interim targets of 40% by 2024, and 45% by 2027. • Double the energy efficiency in existing buildings by 2030. This target will be achieved through the California Public Utility Commission (CPUC), the CEC, and local publicly owned utilities.
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City of Menifee Initial Study/Mitigated Negative Declaration • Reorganize the Independent System Operator (ISO) to develop more regional electrify transmission markets and to improve accessibility in these markets, which will facilitate the growth of renewable energy markets in the western United States.
Senate Bill 100
SB 100, referred to as “The 100 Percent Clean Energy Act of 2019,” was signed into law by Governor Brown in September 2018 and increased the required Renewable Portfolio Standards established in SB 350.
Under SB 100, the total kilowatt hours (kWh) of energy sold by electricity retailers to their end-use customers must consist of at least 50 percent renewable resources by 2026, 60 percent renewable resources by 2030, and 100 percent renewable resources by 2045. SB 100 also establishes a state policy that eligible renewable energy resources and zero-carbon resources supply 100 percent of all retail sales of electricity to California end-use customers and 100 percent of electricity procured to serve all State agencies by December 31, 2045. Under the bill, the State cannot increase carbon emissions elsewhere in the western grid or allow resource shuffling to achieve the 100 percent carbon-free electricity target.
Refer to Appendix F, Greenhouse Gas Emissions Assessment, for further laws and regulations concerning energy usage.
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less than Significant Impact.
Construction
Based on CalEEMod estimations within the modeling output files used to estimate GHG emissions associated with the Project, construction-related vehicle trips would result in approximately 280,538 vehicle miles traveled (VMT) and consume an estimated 13,475 gallons of gasoline and diesel combined during construction of the Project. Limitations on idling of vehicles and equipment and requirements that equipment be properly maintained would result in fuel savings. California Code of Regulations, Title 13, Sections 2449 and 2485, limit idling from both on-road and off-road diesel-powered equipment and are enforced by the ARB. Additionally, given the cost of fuel, contractors and owners have a strong financial incentive to avoid wasteful, inefficient, and unnecessary consumption of energy during construction.
Due to the temporary nature of construction and the financial incentives for developers and contractors to use energy-consuming resources in an efficient manner, the construction phase of the Project would not result in wasteful, inefficient, and unnecessary consumption of energy.
Therefore, the construction-related impacts related to electricity and fuel consumption would be less than significant.
Operation
Electricity and Natural Gas
Southern California Edison (SCE) provides electricity to the Project site. The Project would not use natural gas. Operation of the Project would consume energy as part of building operations and transportation activities. Building operations would involve energy consumption for multiple September 2024 Page 58
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City of Menifee Initial Study/Mitigated Negative Declaration purposes including, but not limited to, building heating and cooling, refrigeration, lighting, and electronics. Based on CalEEMod energy use estimations, operations for the Project would consume approximately 1,264,842 kWh of electricity.
The Project would be designed and constructed in accordance with the City’s latest adopted energy efficiency standards, which are based on the California Title 24 and CAL Green energy efficiency standards. Title 24 standards include a broad set of energy conservation requirements that apply to the structural, mechanical, electrical, and plumbing systems in a building. For example, the Title 24 Lighting Power Density requirements define the maximum wattage of lighting that can be used in a building based on its square footage. Title 24 standards are widely regarded as the most advanced energy efficiency standards, would help reduce the amount of energy required for lighting, water heating, and heating and air conditioning in buildings and promote energy conservation. Additionally, per Title 24 requirements, the Project would be required to incorporate solar for the office portion of the building. Depending upon the ultimate end user of the Project, such an end user can incorporate additional solar energy generation facilities or other renewable energy sources. With compliance with Title 24 conservation standards and other regulatory requirements, the Project would not be wasteful or inefficient or unnecessarily consume energy resources during construction or operation and would result in a less-than-significant impact with respect to consumption of energy resources. Lastly, the Project will comply with the applicable 2022 Title 24 standards. Compliance with applicable Title 24 standards will ensure that the Project energy concerning electricity demands would not be inefficient, wasteful, or otherwise unnecessary.
Fuel
Operational energy would also be consumed during vehicle trips associated with the Project. Fuel consumption would be primarily related to vehicle use by employees and trucks associated with the Project. Based on CalEEMod energy use estimations, project-related vehicle trips would result in approximately 2,798,143 VMT and consume an estimated 225,103 gallons of gasoline and diesel combined, annually.
Additionally, the Project will also be providing parking and EV infrastructure that would further promote fuel efficient vehicles. For these reasons, operational-related transportation fuel consumption would not result in a significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources. Therefore, the operational impact related to vehicle fuel consumption would be less than significant. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less than Significant Impact.
Construction
As stated in Impact a) above, the Project would result in energy consumption through the combustion of fossil fuels in construction vehicles, worker commute vehicles, and construction equipment, and the use of electricity for temporary buildings, lighting, and other sources.
California Code of Regulations Title 13, Sections 2449 and 2485, limit idling from both on- road and off-road diesel-powered equipment and are enforced by the CARB. The Project would comply with September 2024 Page 59
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City of Menifee Initial Study/Mitigated Negative Declaration these regulations. There are no policies at the local level applicable to energy conservation specific to the construction phase. Thus, it is anticipated that construction of the Project would not conflict with any applicable plan, policy, or regulation adopted for the purpose of reducing energy use or increasing the use of renewable energy. Therefore, construction-related energy efficiency and renewable energy standards consistency impacts would be less than significant.
Operation
California’s Renewable Portfolio Standard (RPS) establishes a goal of renewable energy for local providers to be 44% by 2040. Similarly, the State is promoting renewable energy targets to meet the 2022 Scoping Plan greenhouse gas emissions reductions. As discussed in Impact a) above, the Project would consume approximately 1,264,842 kWh of electricity annually.
The Project would be designed and constructed in accordance with the City’s latest adopted energy efficiency standards, which are based on the California Title 24 energy efficiency standards. Title 24 standards include a broad set of energy conservation requirements that apply to the structural, mechanical, electrical, and plumbing systems in a building. For example, the Title 24 Lighting Power Density requirements define the maximum wattage of lighting that can be used in a building based on its square footage. Title 24 standards, widely regarded as the most advanced energy efficiency standards, would help reduce the amount of energy required for lighting, water heating, and heating and air conditioning in buildings and promote energy conservation.
Compliance with the aforementioned regulations would ensure that the Project would not conflict with any applicable plan, policy, or regulation adopted for the purpose of reducing energy use or increasing the use of renewable energy. Therefore, operational energy efficiency and renewable energy standards consistency impacts would be less than significant.
Cumulative Impacts
As noted above, the Project would utilize energy in the form of electricity and fuel, but not in a wasteful, inefficient, or unnecessary manner. The Project would also be required to adhere to the all applicable federal, state, and local energy-efficient design standards and regulations to ensure the efficiency of electrical uses during construction and operation. Therefore, the Project’s impacts associated with energy usage would not be cumulatively significant.
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City of Menifee Initial Study/Mitigated Negative Declaration Geology and Soils
Potentially
Significant
Potentially
Significant
Issues
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
ENVIRONMENTAL IMPACTS
Issues
No
Impact
7. GEOLOGY AND SOILS. Would the project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death
involving:
X
i) Rupture of a known earthquake fault, as delineated X on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the
area or based on other substantial evidence of a
known fault? Refer to Division of Mines and Geology
Special Publication 42.
ii) Strong seismic ground shaking? X
iii) Seismic-related X
liquefaction?
ground failure, including
iv) Landslides? X
b)
c)
Result in substantial soil erosion or the loss of topsoil? X Be located on a geologic unit or soil that is unstable, or X that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial
direct or indirect risks to life or property?
X
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of
wastewater?
X
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
X
The following analysis is based on the Geotechnical Investigation Report prepared by Southern California Geotechnical (SCG) dated June 2022 and is included as Appendix E of this IS/MND.
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Menifee Mayor and City Council November 20, 2024 Page 615 of 2294 Ethanac Business Park
City of Menifee Initial Study/Mitigated Negative Declaration a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
Less than Significant Impact. According to the Geotechnical Investigation located in Appendix E, the Project site is located in an area that is subject to strong ground shaking due to the numerous nearby faults capable of producing ground motions. However, SCG did not identify any evidence of faulting during the geotechnical investigation and concluded the possibility of significant fault rupture on the Project site is considered to be low. The nearest faults to the Project site are located within Sun City and Quail Valley.9 According to the Menifee GP Draft EIR, the two mapped faults within the City do not affect sediments of about 15,000 years or younger ages and thus are not considered active faults.
10 Strong ground shaking would also occur within the Project site due to various active faults in the region, including but not limited to the San Andreas, San Jacinto, and Elsinore faults. Accordingly, the Project would be required to comply with the latest California Building Code (CBC)’s seismic safety provisions to ensure that the proposed building is designed to resist structural collapse, and thus, provide reasonable protection from serious injury, catastrophic property damage and loss of life. Therefore, with compliance with the CBC’s earthquake resistant structural design standards, impacts would be less than significant. a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
ii) Strong seismic ground shaking?
Less than Significant Impact. The Project would be subject to regional seismicity, regardless of not being within or nearby an Alquist-Priolo Earthquake Fault Zone, or active faults. Additionally, the Geotechnical Report concluded that there was no evidence of faulting, and therefore, the risk of significant fault rupture on the Project site is considered to be low.
As previously stated in Impact a(i), the Project would be designed in accordance with the requirements of the current CBC Seismic Design Parameters. Structures for humanoccupancy (e.g., the proposed warehouse) must be designed to meet or exceed CBC standards for earthquake resistance. All grading and fill placement activities would be completed in accordance with the CBC requirements and the City grading code. Following these requirements, the proposed structure would be designed to resist structural collapse and thereby provide reasonable protection from serious injury catastrophic property damage and loss of life. Therefore, compliance with the CBC earthquake resistant structural design standards would ensure that impacts related to strong seismic ground shaking are less than significant.
9 City of Menifee. (2012). Menifee GP Exhibit S-1, Fault Map. Retrieved from: https://www.cityofmenifee.us/DocumentCenter/View/1028/S1_FaultMap_HD0913?bidId= (accessed January 2024). 10 City of Menifee (2013). Menifee GP Draft EIR. Section 5.6, Geology and Soils, page 5.6-25. Retrieved from:
https://cityofmenifee.us/DocumentCenter/View/1106/Ch-05-06- GEO?bidId=#:~:text=Elsinore%20Fault%20Zone.&text=The%20section%20closest%20to%20Menifee,to%20the%20northwest%20of%20Meni fee (accessed January 2024).
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Item Title: 11.1 Ethanac Business Park
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Menifee Mayor and City Council November 20, 2024 Page 616 of 2294 Ethanac Business Park
City of Menifee Initial Study/Mitigated Negative Declaration a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
iii) Seismic-related ground failure, including liquefaction? Less than Significant Impact. Liquefaction is the loss of strength in generally cohesionless, saturated soils when the pore-water pressure induced in the soil by a seismic event becomes equal to or exceeds the overburden pressure. The primary factors which influence the potential for liquefaction include groundwater table elevation, soil type and plasticity characteristics, relative density of the soil, initial confining pressure, and intensity and duration of ground shaking. The depth within which the occurrence of liquefaction may impact surface improvements is generally identified as the upper 50 feet below the existing ground surface.
The Geotechnical Report concluded that the Project site is located within a zone of low liquefaction susceptibility.11 The subsurface conditions encountered at the boring locations are not considered to be conducive to liquefaction. These conditions consist of moderate to high strength older native alluvial soils and no evidence of a long-term groundwater table within 25 feet of the ground surface. Additionally, the Geotechnical Investigation stated that review of available well data indicated that the groundwater depths in the area of the Project site are more than 66 feet below grade. Overall liquefaction is not considered to be a design concern for the 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 and no mitigation is required. a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
iv) Landslides?
Less than Significant Impact. The Project site is developed and relatively flat. No extreme elevation differences exist in or around the Project site that would potentially lead to landslide effects.
According to Menifee GP Exhibit S-3, Liquefaction and Landslides, the Project is not located in an area with a susceptibility to landslides. The Project area is also outside of the hazard zone for rockfall/debris-flow. Therefore, the Project would not directly or indirectly cause potential impacts due to landslides.
b) Result in substantial soil erosion or the loss of topsoil? Less than Significant with Mitigation Incorporated. Artificial fill soils were encountered at the ground surface at four boring locations extending to depths of 2.5 to 3± feet below ground surface.
The artificial fill soils are underlain by older alluvium which possesses relatively favorable strengths and consolidation/collapse characteristics. Older alluvium soils are generally 25± feet below the existing site grades. Based on their granular content, some of the on-site soils would be susceptible to erosion, and therefore, should be graded to prevent ponding of surface water and to prevent water from running into excavations. SCG concluded that the artificial fill materials would not be suitable to support the proposed structure.
11 SCG. (2024). Geotechnical Investigation. Pg. 11. Menifee, CA. Appendix E.
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Item Title: 11.1 Ethanac Business Park
Item Page Number: 96
Menifee Mayor and City Council November 20, 2024 Page 617 of 2294 Ethanac Business Park
City of Menifee Initial Study/Mitigated Negative Declaration 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) and demolition of the existing structure and pavements that would affect surface and near-surface soils. Although no major grading or excavation would be needed to substantially alter the slope of the site, create, or remove steep slopes, create retaining walls, or make other landform modifications; the grading and earthwork activities during construction would expose soils to potential short-term erosion by wind and water. Accordingly, the Project would implement MM GEO-1 which would include remedial grading to remove the existing artificial fill soils and the upper portion of the near-surface native alluvium and replace these soils as compacted structural fill. Over-excavation areas shall extend at least five 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. Following completion of the over excavation, the subgrade soils within the over excavation areas would 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. In addition to the excavation and removal of the fill material, the development of the Project would require grading preparation, 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 4.3, Air Quality of this IS/MND). MM GEO-1 would also require the Applicant comply with the recommendations of a Final Geotechnical Evaluation and the most current CBC adopted by the City as its building code.
Furthermore, the Project would be required to comply with the NPDES; refer to Section Hydrology and Water Quality for discussion of the anticipated NPDES permitting process. Construction impacts on the Project site would be minimized through compliance with the Construction General Permit (CGP). The NPDES permit requires development and implementation of a Stormwater Pollution Prevention Plan (SWPPP) and monitoring plan, which must include erosion-control and sediment-control BMPs. The BMPs would be required to meet or exceed measures required by the CGP to control potential construction-related pollutants. The Project would also comply with Menifee MC Title 8, Chapter 8.26 – Grading Regulations, which requires that the Project Applicant implement erosion-control BMPs which are designed to prevent erosion, whereas sediment controls are designed to trap sediment once it has been mobilized. All required permits and the erosion control plan would be verified by the City prior to initiation of any construction and prior to the issuance of any grading permit. Conformance to these requirements and verification by the City as part of the development approval process would ensure that potential impacts from construction of the Project is less than significant.
12 Following construction of the Project, the Project site would 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 pursuant to BMPs of 12 City of Menifee (2019). Menifee MC Title 8, Chapter 8.26 – Grading Regulations. Retrieved from:
https://cityofmenifee.us/DocumentCenter/View/8423/Menifee-Grading-Ordinance-Draft?bidId= (accessed January 2024).
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Item Title: 11.1 Ethanac Business Park
Item Page Number: 97
Menifee Mayor and City Council November 20, 2024 Page 618 of 2294 Ethanac Business Park
City of Menifee Initial Study/Mitigated Negative Declaration the Water Quality Management Plan (WQMP). This would ensure that operation of the Project would not result in the loss of topsoil or sedimentation into local drainage facilities and water bodies; refer to Section 4.10, Hydrology and Water Quality). During operations, the site would be paved throughout and would continue to be subject to the WQMP. Landscaping would also be maintained according to the Project’s WQMP.
Therefore, compliance with regional and local permitting and regulation and implementation of MM GEO-1 would ensure that impacts are mitigated to a less than significant level.
Mitigation Measures:
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. 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% 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% 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. Demolition of the existing structure and pavements should include all foundations, floor slabs, pavements, septic systems, utilities and any other subsurface improvements that will not remain in place with the new development. Debris resultant from demolition should be disposed of offsite. Alternatively, concrete and asphalt debris may be pulverized to a maximum 2-inch particle size, well-mixed with the sandy on-site soils, and incorporated into new structural fills or it may be processed to create crushed miscellaneous base (CMB).
4. Initial site preparation should also include stripping of any surficial vegetation and organic soils. Based on conditions encountered at the time of the subsurface exploration, minor striping and removal of some trees in the landscaped areas along the property lines and within landscaped planters will be required. Any vegetation, organic topsoil, and all tree root masses should be removed during site stripping. These materials should be disposed of offSeptember 2024 Page 65 Item Title: 11.1 Ethanac Business Park
Item Page Number: 98
Menifee Mayor and City Council November 20, 2024 Page 619 of 2294 Ethanac Business Park
City of Menifee Initial Study/Mitigated Negative Declaration site. The actual extent of site stripping should be determined in the field by the geotechnical engineer, based on the organic content and stability of the materials encountered. Any soils disturbed during demolition should be removed and replaced with compacted fill soils.
5. Remedial grading shall be performed within the proposed building pad area in order to remove all of the existing undocumented fill soils and a portion of the near-surface native alluvium. The undocumented fill soils extend to depths of 2½ to 3± feet at the boring locations within the building area. The soils within the proposed building pad area should also be overexcavated to a depth of 4 feet below existing grade and to a depth of at least 3 feet below proposed building pad subgrade elevation. The proposed foundation influence zones within the industrial building should be overexcavated to a depth of at least 3 feet below proposed foundation bearing grade.
6. 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.
7. 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 proofrolling 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.
8. 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% above optimum moisture content. The subgrade soils shall then be recompacted to at least 90% 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.
9. The existing soils within the areas of proposed retaining and non-retaining site walls should be overexcavated to a depth of at least 2 feet below foundation bearing grade and replaced as compacted structural fill. Any existing fill soils in these areas should be removed. Subgrades for erection pads for concrete tilt-up walls are considered to be a part of the foundation system and should also be overexcavated. Additional overexcavation may be required if porous or collapsible alluvium is encountered, as discussed above.
The overexcavation subgrade soils should be evaluated by the geotechnical September 2024 Page 66
Item Title: 11.1 Ethanac Business Park
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Menifee Mayor and City Council November 20, 2024 Page 620 of 2294 Ethanac Business Park
City of Menifee Initial Study/Mitigated Negative Declaration engineer prior to scarifying, moisture conditioning and recompacting the upper 12 inches of exposed subgrade soils. The previously excavated soils may then be replaced as compacted structural fill.
10. If the full lateral extent of overexcavation is not achievable for the proposed walls, the foundations should be redesigned using a lower bearing pressure.
The geotechnical engineer of record should be contacted for recommendations pertaining to this type of condition.
11. Subgrade preparation in the new flatwork, parking and drive areas shall initially consist of removal of all soils disturbed during stripping and demolition operations.
12. Subgrade preparation in the new parking and drive areas should initially consist of removal of all soils disturbed during stripping. The geotechnical engineer should then evaluate the subgrade to identify any areas of additional unsuitable soils. The subgrade soils should then be scarified to a depth of 12 inches, moisture conditioned to 2 to 4% above optimum, and recompacted to at least 90% of the ASTM D-1557 maximum dry density.
Based on the presence of artificial fill and variable strength alluvial soils throughout the site, it is expected that some isolated areas of additional overexcavation may be required to remove zones of lower strength, unsuitable soils.
13. The grading recommendations presented above for the proposed parking and drive areas assume that the owner and/or developer can tolerate minor amounts of settlement within the proposed parking areas. The grading recommendations presented above do not completely mitigate the extent of existing undocumented fill soils in the parking areas. As such, settlement and associated pavement distress could occur. Typically, repair of such distressed areas involves significantly lower costs than completely mitigating these soils at the time of construction. If the owner cannot tolerate the risk of such settlements, the parking and drive areas should be overexcavated to a depth of 2 feet below proposed pavement subgrade elevation, with the resulting soils replaced as compacted structural fill.
14. Subgrade preparation in the new flatwork areas should initially consist of removal of soils disturbed during stripping operations. The geotechnical engineer should then evaluate the subgrade to identify areas of additional unsuitable soils. The subgrade soils should then be scarified to a depth of 12 inches, moisture conditioned to 2 to 4% above optimum, and recompacted to at least 90% of the ASTM D-1557 maximum dry density. Based on the presence of variable strength alluvial soils throughout the site, it is expected that some isolated areas of additional overexcavation may be required to remove zones of lower strength, unsuitable soils.
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Item Title: 11.1 Ethanac Business Park
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City of Menifee Initial Study/Mitigated Negative Declaration
15. Fill Placement:
• Fill soils should be placed in thin (6 inches), near-horizontal lifts, moisture conditioned to 2 to 4% above the optimum moisture content, and compacted.
•
•
On-site soils may be used for fill provided they are cleaned of any debris to the satisfaction of the geotechnical engineer.
All grading and fill placement activities should be completed in accordance with the requirements of the 2022 CBC and the grading code of the city of Menifee and/or the county of Riverside.
•
•
All fill soils should be compacted to at least 90% of the ASTM D-1557 maximum dry density. Fill soils should be well mixed.
Compaction tests should 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 should not relieve the contractor of his responsibility to meet the job specifications.
16. All imported structural fill should consist of very low expansive (EI < 20), wellgraded soils possessing at least 10% fines (that portion of the sample passing the No. 200 sieve). Additional specifications for structural fill are presented in the Grading Guide Specifications, included as Appendix D.
17. Compacted trench backfill should conform to the requirements of the local grading code, and more restrictive requirements may be indicated by the city of Menifee and/or the county of Riverside. All utility trench backfills should be witnessed by the geotechnical engineer. The trench backfill soils should be compaction tested where possible; probed and visually evaluated elsewhere.
Utility trenches which parallel a footing and extending below a 1h:1v plane projected from the outside edge of the footing should be backfilled with structural fill soils, compacted to at least 90% of the ASTM D-1557 standard.
Pea gravel backfill should not be used for these trenches.
18. All grading and fill placement activities should be completed in accordance with the requirements of the latest CBC and the grading code of the City of Menifee.
19. All fill soils should be compacted to at least 90% of the ASTM D-1557 maximum dry density. Fill soils should be well mixed.
20. Compaction tests should 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 September 2024 Page 68
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City of Menifee Initial Study/Mitigated Negative Declaration therefore should not relieve the contractor of his responsibility to meet the job specifications.
21. On-site soils may be used for fill provided they are cleaned of any debris to the satisfaction of the geotechnical engineer.
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 to review by the City of Menifee, or designee, prior to commencement of grading activities.
Grading plan review shall also be conducted by the City of Menifee 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 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.
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
Less than Significant with Mitigation Incorporated. As previously discussed in Impacts a(iii) and a(iv), 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 artificial soils at the site consist of medium dense to dense clayey fine sand and silty fine sands with varying medium to coarse sand and gravel content, and stiff clayey silts.
These soils are generally considered to possess fair to good pavement support characteristics with estimated R-values ranging from 30 to 40. The subsequent pavement design is therefore based September 2024 Page 69
Item Title: 11.1 Ethanac Business Park
Item Page Number: 102
Menifee Mayor and City Council November 20, 2024 Page 623 of 2294 Ethanac Business Park
City of Menifee Initial Study/Mitigated Negative Declaration upon an assumed R-value of 30. Any fill material imported to the site should have support characteristics equal to or greater than that of the on-site soils and be placed and compacted under engineering controlled conditions. It is recommended that R-value testing be performed after completion of rough grading. Depending upon the results of the R-value testing, it may be feasible to use thinner pavement sections in some areas of the site.
The major cause of ground subsidence is the excessive withdrawal of groundwater. Based on the conditions encountered in the borings and trenches conducted for the geotechnical report, groundwater was not encountered. Based on the lack of any water within the borings, and the moisture contents of the recovered soil samples, the static groundwater table is considered to have existed at a depth in excess of 25± feet below existing site grades. SCG reviewed available groundwater data obtained from the California Department of Water Resources Water Data Library website which indicated the nearest monitoring well located 600 feet northwest of the site.
Water level readings within this monitoring well indicates a high groundwater level of 66± feet below ground surface in March 2022. 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.
As described above, MM GEO-1 ensures compliance with the geotechnical report 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 with MM GEO-1 ensures impacts from potential subsidence of 0.10 feet would be reduced to a less than significant level.
Mitigation Measures:
Refer to MM GEO-1 in Impact (b) above.
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Less than Significant Impact with Mitigation Incorporated. Expansive soils are soils that expand and contract depending on their moisture level. This change can occur seasonally as water levels and precipitation changes throughout the year. These soils normally occur within the first five feet below the surface. Expansive soils can lead to structural damage as their compositions and volume changes dramatically.
Laboratory testing performed on a representative sample of the near-surface soils indicates that these materials possess a low expansion potential (Expansive Index [EI] =36). Based on the presence of expansive soils, MM GEO-1 would require proper moisture conditioning of all building pad subgrade soils to a moisture content of two to four % optimum moisture content during site grading. In addition to adequately moisture conditioning the subgrade soils and fill soils during grading, special care would be taken to maintain the moisture content of these soils at two to four% above the optimum moisture content. This would require the contractor to frequently moisture condition these soils throughout the grading process unless grading occurs during a period of relatively wet weather. In addition to adequately moisture conditioning the subgrade soils and fill soils during grading, special care must be taken to maintain moisture content of these September 2024 Page 70
Item Title: 11.1 Ethanac Business Park
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City of Menifee Initial Study/Mitigated Negative Declaration soils at two to four % 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.
Mitigation Measures:
Refer to MM GEO-1 in Impact (b) above.
e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No Impact. No septic tanks or other alternative wastewater disposal systems are proposed. Water and wastewater systems and their development are further discussed in Section 4.19, Utilities and Service Systems. No impact would occur.
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Less than Significant with Mitigation Incorporated. The CRA determined that the Project area is highly sensitive for paleontological resources, as depicted in the Menifee GP Exhibit OCS.-4:
Paleologic Resources Sensitivity.13 Furthermore, paleontological records search conducted through the Western Science Center (WSC) indicated that geologic units underlying the Project area are mapped as alluvial deposits from the late to middle Pleistocene epoch. Pleistocene alluvial units are considered to be highly paleontologically sensitive. The WSC did not report any known localities within the Project area or within a one-mile radius. However, WSC reported that they do have localities in similarly mapped units across Southern California. WSC also noted that specimens identified within the Project area would be scientifically significant. MMs GEO-2 through GEO-4 would be implemented which includes preparation of a Paleontological Resources Impact Mitigation Program (PRIMP), paleontological monitoring, and data recovery to reduce impacts to paleontological resources. Therefore, implementation of MMs GEO-2 through GEO-4 would ensure that development of the Project would not directly or indirectly destroy a unique paleontological resource or unique geologic feature and impacts would be less than significant.
Mitigation Measures:
MM GEO-2 Paleontological Resources Impact Mitigation Program: The Applicant will submit a Paleontological Resources Impact Mitigation Program (PRIMP) prepared by a qualified paleontologist to the City of Menifee prior to the issuance of a grading permit. A qualified paleontologist is defined as an individual with an M.S./M.A. or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques, and who is knowledgeable in the geology and paleontology of the area.
13 City of Menifee. (2013). Menifee General Plan – Exhibit OSC-4: Paleologic Resource Sensitivity. Available at:
https://www.cityofmenifee.us/DocumentCenter/View/1085/ExhibitOSC-4_Paleologic_Resource_Sensitivity_HD0913?bidId= (accessed September 2024).
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City of Menifee Initial Study/Mitigated Negative Declaration The PRIMP must include:
1. an intensive field survey and surface salvage prior to earth moving, if applicable;
2. monitoring by a qualified paleontological resource monitor of excavations in previously undisturbed rock units;
3. salvage of unearthed fossil remains and/or traces (e.g., tracks, trails, burrows, etc.);
4. screen washing to recover small specimens, if applicable;
5. preparation of salvaged fossils to a point of being ready for curation (i.e., removal of enclosing matrix, stabilization and repair of specimens, and construction of reinforced support cradles where appropriate);
6. identification, cataloging, curation, and provision for repository storage of prepared fossil specimens; and
7. a final report of the finds and their significance.
MM GEO-3 Paleontological Monitoring: A qualified paleontologist will attend preconstruction meetings to consult with the grading and excavation contractors concerning planned depths, excavation schedules, paleontological field techniques, and safety issues. In addition, all onsite construction personnel will receive Worker Education and Awareness Program (WEAP) training prior to the commencement of excavation work. All ground-disturbing activities associated with Project construction occurring within previously undisturbed fossil bearing formations will be monitored by a qualified paleontologist or qualified paleontological monitor. A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials and works under the direction of a qualified paleontologist. If fossils are discovered, the paleontologist (or paleontological monitor) will recover them. In most cases, this fossil salvage can be completed in a short period of time; however, some fossil specimens, such as a complete large mammal skeleton, may require an extended salvage period. In these instances, the paleontologist (or paleontological monitor) will be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovering of small fossil remains, such as isolated mammal teeth, it may be necessary to set up a screen-washing operation on site.
MM GEO-4 Data Recovery: Fossil remains collected during the monitoring and salvage portion of the program will be cleaned, repaired, sorted, and catalogued. Prepared fossils, along with copies of all pertinent field notes, photos, and maps, will be deposited (as a donation) in a scientific institution with permanent paleontological collections located within Riverside County (or, if no repository is available, adjacent Counties). A final data recovery report will be completed that outlines the results of the paleontological monitoring program. This report will include September 2024 Page 72
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City of Menifee Initial Study/Mitigated Negative Declaration discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils. The report will be submitted to the City upon completion.
Cumulative Impacts
Cumulative impacts concerning geology and soils is generally site-specific. As concluded above, the Project would not result in any significant impacts related to geology and soils with implementation of mitigation and by complying with existing State and local laws and regulations set in place to protect people and property from substantial adverse geological and soils effects, including fault rupture, strong seismic ground shaking, seismic-induced ground failure (including liquefaction), landslide and adverse effects from soil erosion, expansive soils, loss of topsoil, development on an unstable geologic unit. Similar to the Project, cumulative projects will also be required to comply with State and City requirements, which may include preparation of a site-specific geotechnical report and implementation of applicable building design standards, prior to project approval. Therefore, the Project’s impact to geology and soils would not be cumulatively considerable.
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City of Menifee Initial Study/Mitigated Negative Declaration Greenhouse Gas Emissions
Potentially
Significant
Potentially
Significant
Issues
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
ENVIRONMENTAL IMPACTS
Issues
No
Impact
8. GREENHOUSE GAS EMISSIONS. Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
X
b) Conflict with an applicable plan, policy or regulation X adopted for the purpose of reducing the emissions of
greenhouse gases?
The following analysis is based on the Greenhouse Gas Emissions (GHG) Assessment prepared by Urban Crossroads dated September 2024 and included as Appendix F of this IS/MND.
Greenhouse Gases and Climate Change
Global Climate Change (GCC) is defined as the change in average meteorological conditions on the earth with respect to temperature, precipitation, and storms. Global temperatures are regulated by naturally occurring atmospheric gases such as water vapor, CO , N O, CH , hydrofluorocarbons (HFCs), 2 2 4 perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). These particular gases are important due to their residence time (duration they stay) in the atmosphere, which ranges from 10 years to more than 100 years. These gases allow solar radiation into the earth’s atmosphere, but prevent radiative heat from escaping, thus warming the earth’s atmosphere. GCC can occur naturally as it has in the past with the previous ice ages.
GHGs are global pollutants, unlike criteria air pollutants and toxic air contaminants (TACs), which are pollutants of regional and local concern. Whereas pollutants with localized air quality effects have relatively short atmospheric lifetimes (about one day), GHGs have long atmospheric lifetimes (one to several thousand years). GHGs persist in the atmosphere for long enough time periods to be dispersed around the globe. Although the exact lifetime of a GHG molecule is dependent on multiple variables and cannot be pinpointed, more CO2 is emitted into the atmosphere than is sequestered by ocean uptake, vegetation, or other forms of carbon sequestration. Of the total annual human-caused CO2 emissions, approximately 55% is sequestered through ocean and land uptakes every year, averaged over the last 50 years, whereas the remaining 45% of human-caused CO2 emissions remains stored in the atmosphere.
Regulations and Significance Criteria
Federal
To date, national standards have not been established for nationwide GHG reduction targets, nor have any regulations or legislation been enacted specifically to address climate change and GHG emissions reduction at the project level. Various efforts have been promulgated at the federal level to improve fuel economy and energy efficiency to address climate change and its associated effects. Refer to Appendix F, Section 2.7.2, National, for further discussion regarding federal standards, targets, and regulations.
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City of Menifee Initial Study/Mitigated Negative Declaration State
California Air Resources Board
The California Air Resources Board (CARB) is responsible for the coordination and oversight of State and local air pollution control programs in California. Various statewide and local initiatives to reduce California’s contribution to GHG emissions have raised awareness about climate change and its potential for severe long-term adverse environmental, social, and economic effects. California is a significant emitter of CO equivalents (CO e) in the world and produced 369 million gross metric tons of carbon 2 2 dioxide equivalent (MMTCO2e) in 2020. The transportation sector is the State’s largest emitter of GHGs, followed by industrial operations such as manufacturing and oil and gas extraction.
The State of California legislature has enacted a series of bills that constitute the most aggressive program to reduce GHGs of any state in the nation. Some legislation, such as the landmark Assembly Bill (AB) 32, California Global Warming Solutions Act of 2006, was specifically enacted to address GHG emissions.
Other legislation, such as Title 24 building efficiency standards and Title 20 appliance energy standards, were originally adopted for other purposes such as energy and water conservation, but also provide GHG reductions. This section describes the legislation’s major provisions. 2017 CARB Scoping Plan
In November 2017, CARB released the Final 2017 Scoping Plan Update (2017 Scoping Plan), which identifies the State’s post-2020 reduction strategy. The 2017 Scoping Plan reflects the 2030 target of a 40% reduction below 1990 levels, set by Executive Order B-30-15 and codified by SB 32. Key programs that the proposed Second Update builds upon include the Cap-and-Trade Regulation, the LCFS, and much cleaner cars, trucks, and freight movement, utilizing cleaner, renewable energy, and strategies to reduce CH4 emissions from agricultural and other wastes. The 2017 Scoping Plan establishes a new emissions limit of 260 MMTCO2e for the year 2030, which corresponds to a 40% decrease in 1990 levels by 2030.
California’s climate strategy would require contributions from all sectors of the economy, including the land base, and would include enhanced focus on zero and near-zero emission (ZE/NZE) vehicle technologies; continued investment in renewables, including solar roofs, wind, and other distributed generation; greater use of low carbon fuels; integrated land conservation and development strategies; coordinated efforts to reduce emissions of short-lived climate pollutants (CH4, black carbon, and fluorinated gases); and an increased focus on integrated land use planning to support livable, transitconnected communities and conservation of agricultural and other lands. Requirements for direct GHG reductions at refineries would further support air quality co-benefits in neighborhoods, including in disadvantaged communities historically located adjacent to these large stationary sources, as well as efforts with California’s local air pollution control and air quality management districts (air districts) to tighten emission limits on a broad spectrum of industrial sources. Major elements of the 2017 Scoping Plan framework include:
• Implementing and/or increasing the standards of the Mobile Source Strategy, which include increasing zero-emission vehicles (ZEV) buses and trucks. • LCFS, with an increased stringency (18% by 2030).
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Implementing SB 350, which expands the RPS to 50% RPS and doubles energy efficiency savings by 2030.
California Sustainable Freight Action Plan, which improves freight system efficiency, utilizes nearzero emissions technology, and deployment of ZEV trucks.
Implementing the proposed Short-Lived Climate Pollutant Strategy (SLPS), which focuses on reducing CH4 and HCF emissions by 40% and anthropogenic black carbon emissions by 50% by year 2030.
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Continued implementation of SB 375.
Post-2020 Cap-and-Trade Program that includes declining caps. 20% reduction in GHG emissions from refineries by 2030.
Development of a Natural and Working Lands Action Plan to secure California’s land base as a net carbon sink.
Note, however, that the 2017 Scoping Plan acknowledges that:
“[a]chieving net zero increases in GHG emissions, resulting in no contribution to GHG impacts, may not be feasible or appropriate for every project, however, and the inability of a project to mitigate its GHG emissions to net zero does not imply the project results in a substantial contribution to the cumulatively significant environmental impact of climate change under CEQA.”
In addition to the statewide strategies listed above, the 2017 Scoping Plan also identifies local governments as essential partners in achieving the State’s long-term GHG reduction goals and identifies local actions to reduce GHG emissions. As part of the recommended actions, CARB recommends that local governments achieve a community-wide goal to achieve emissions of no more than 6 metric tons of CO2e (MTCO2e) or less per capita by 2030 and 2 MTCO2e or less per capita by 2050. For CEQA projects, CARB states that lead agencies may develop evidence-based bright-line numeric thresholds—consistent with the 2017 Scoping Plan and the State’s long-term GHG goals—and projects with emissions over that amount may be required to incorporate onsite design features and MMs that avoid or minimize project emissions to the degree feasible; or a performance-based metric using a Climate Action Plan (CAP) or other plan to reduce GHG emissions is appropriate.
According to research conducted by the Lawrence Berkeley National Laboratory (LBNL) and supported by CARB, California, under its existing and proposed GHG reduction policies, could achieve the 2030 goals under SB 32. The research utilized a new, validated model known as the California LBNL GHG Analysis of Policies Spreadsheet (CALGAPS), which simulates GHG and criteria pollutant emissions in California from 2010 to 2050 in accordance to existing and future GHG-reducing policies. The CALGAPS model showed that by 2030, emissions could range from 211 to 428 MTCO2e per year (MTCO2e/yr.), indicating that “even if all modeled policies are not implemented, reductions could be sufficient to reduce emissions 40% below the 1990 level [of SB 32].” CALGAPS analyzed emissions through 2050 even though it did not generally account for policies that might be put in place after 2030. Although the research indicated that the emissions would not meet the State’s 80% reduction goal by 2050, various combinations of policies could allow California’s cumulative emissions to remain very low through 2050.
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The 2017 Scoping Plan identifies a Cap-and-Trade Program as one of the key strategies for California to reduce GHG emissions. According to CARB, a cap-and-trade program would help put California on the path to meet its goal of achieving a 40% reduction in GHG emissions from 1990 levels by 2030. Under cap-andtrade, an overall limit on GHG emissions from capped sectors is established, and facilities subject to the cap would be able to trade permits to emit GHGs within the overall limit.
CARB adopted a California Cap-and-Trade Program pursuant to its authority under AB 32. The Cap-andTrade Program is designed to reduce GHG emissions from regulated entities by more than 16% between 2013 and 2020, and by an additional 40% by 2030. The statewide cap for GHG emissions from the capped sectors (e.g., electricity generation, petroleum refining, and cement production) commenced in 2013 and would decline over time, achieving GHG emission reductions throughout the program’s duration.
Covered entities that emit more than 25,000 MTCO2e/yr. must comply with the Cap-and-Trade Program.
Triggering of the 25,000 MTCO2e/yr. “inclusion threshold” is measured against a subset of emissions reported and verified under the California Regulation for the Mandatory Reporting of GHG Emissions (Mandatory Reporting Rule or “MRR”).
Under the Cap-and-Trade Program, CARB issues allowances equal to the total amount of allowable emissions over a given compliance period and distributes these to regulated entities. Covered entities are allocated free allowances in whole or part (if eligible), and may buy allowances at auction, purchase allowances from others, or purchase offset credits. Each covered entity with a compliance obligation is required to surrender “compliance instruments” for each MTCO2e of GHG they emit. There also are requirements to surrender compliance instruments covering 30% of the prior year’scompliance obligation by November of each year.
The Cap-and-Trade Program provides a firm cap, which provides the highest certainty of achieving the 2030 target. An inherent feature of the Cap-and-Trade program is that it does not guarantee GHG emissions reductions in any discrete location or by any particular source. Rather, GHG emissions reductions are only guaranteed on an accumulative basis. As summarized by CARB in the First Update to the Climate Change Scoping Plan:
“The Cap-and-Trade Regulation gives companies the flexibility to trade allowances with others or take steps to cost-effectively reduce emissions at their own facilities. Companies that emit more have to turn in more allowances or other compliance instruments.
Companies that can cut their GHG emissions have to turn in fewer allowances. But as the cap declines, aggregate emissions must be reduced. In other words, a covered entity theoretically could increase its GHG emissions every year and still comply with the Capand-Trade Program if there is a reduction in GHG emissions from other covered entities.
Such a focus on aggregate GHG emissions is considered appropriate because climate change is a global phenomenon, and the effects of GHG emissions are considered cumulative.”
The Cap-and-Trade Program covers approximately 80% of California’s GHG emissions. The Cap-and-Trade Program covers the GHG emissions associated with electricity consumed in California, whether generated in-state or imported. Accordingly, GHG emissions associated with CEQA projects’ electricity usage are September 2024 Page 77
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City of Menifee Initial Study/Mitigated Negative Declaration covered by the Cap-and-Trade Program. The Cap-and-Trade Program also covers fuel suppliers (natural gas and propane fuel providers and transportation fuel providers) to address emissions from such fuels and from combustion of other fossil fuels not directly covered at large sources in the Program’s first compliance period. The Cap-and-Trade Program covers the GHG emissions associated with the combustion of transportation fuels in California, whether refined in-state or imported. 2022 CARB Scoping Plan
On December 15, 2022, CARB adopted the 2022 Scoping Plan for Achieving Carbon Neutrality (2022 Scoping Plan). The 2022 Scoping Plan builds on the 2017 Scoping Plan as well as the requirements set forth by AB 1279, which directs the state to become carbon neutral no later than 2045. To achieve this statutory objective, the 2022 Scoping Plan lays out how California can reduce GHG emissions by 85% below 1990 levels and achieve carbon neutrality by 2045. The Scoping Plan scenario to do this is to “deploy a broad portfolio of existing and emerging fossil fuel alternatives and clean technologies, and align with statutes, Executive Orders, Board direction, and direction from the governor.” The 2022 Scoping Plan sets one of the most aggressive approaches to reach carbon neutrality in the world. Unlike the 2017 Scoping Plan, CARB no longer includes a numeric per capita threshold and instead advocates for compliance with a local GHG reduction strategy (CAP) consistent with CEQA Guidelines Section 15183.5.
The key elements of the 2022 CARB Scoping Plan focus on transportation - the regulations that will impact this sector are adopted and enforced by CARB on vehicle manufacturers and outside the jurisdiction and control of local governments. As stated in the Plan’s executive summary:
“The major element of this unprecedented transformation is the aggressive reduction of fossil fuels wherever they are currently used in California, building on and accelerating carbon reduction programs that have been in place for a decade and a half. That means rapidly moving to zero-emission transportation; electrifying the cars, buses, trains, and trucks that now constitute California’s single largest source of planet-warming pollution.” “[A]pproval of this plan catalyzes a number of efforts, including the development of new regulations as well as amendments to strengthen regulations and programs already in place, not just at CARB but across state agencies.”
Under the 2022 Scoping Plan, the State will lead efforts to meet the 2045 carbon neutrality goal through implementation of the following objectives:
• Reimagine roadway projects that increase VMT in a way that meets community needs and reduces the need to drive.
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Double local transit capacity and service frequencies by 2030.
Complete the High-Speed Rail (HSR) System and other elements of the intercity rail network by 2040.
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Expand and complete planned networks of high-quality active transportation infrastructure.
Increase availability and affordability of bikes, e-bikes, scooters, and other alternatives to light duty vehicles, prioritizing needs of underserved communities.
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Shift revenue generation for transportation projects away from the gas tax into more durable sources by 2030.
Authorize and implement roadway pricing strategies and reallocate revenues to equitably improve transit, bicycling, and other sustainable transportation choices.
Prioritize addressing key transit bottlenecks and other infrastructure investments to improve transit operational efficiency over investments that increase VMT.
Develop and implement a statewide transportation demand management (TDM) framework with VMT mitigation requirements for large employers and large developments. •
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Prevent uncontrolled growth of autonomous vehicle (AV) VMT, particularly zero-passenger miles.
Channel new mobility services towards pooled use models, transit complementarity, and lower VMT outcomes.
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Establish an integrated statewide system for trip planning, booking, payment, and user accounts that enables efficient and equitable multimodal systems.
Provide financial support for low-income and disadvantaged Californians’ use of transit and new mobility services.
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Expand universal design features for new mobility services.
Accelerate infill development in existing transportation-efficient places and deploy strategic resources to create more transportation-efficient locations. • Encourage alignment in land use, housing, transportation, and conservation planning in adopted regional plans (RTP/SCS and RHNA) and local plans (e.g., general plans, zoning, and local transportation plans).
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Accelerate production of affordable housing in forms and locations that reduce VMT and affirmatively further fair housing policy objectives.
Reduce or eliminate parking requirements (and/or enact parking maximums, as appropriate) and promote redevelopment of excess parking, especially in infill locations.
Preserve and protect existing affordable housing stock and protect existing residents and businesses from displacement and climate risk.
Included in the 2022 Scoping Plan is a set of Local Actions (Appendix D to the 2022 Scoping Plan) aimed at providing local jurisdictions with tools to reduce GHGs and assist the state in meeting the ambitious targets set forth in the 2022 Scoping Plan. Appendix D to the 2022 Scoping Plan includes a section on evaluating plan-level and project-level alignment with the State’s Climate Goals in CEQA GHG analyses. In this section, CARB identifies several recommendations and strategies that should be considered for new development in order to determine consistency with the 2022 Scoping Plan. Notably, this section is focused on Residential and Mixed-Use Projects, in fact CARB states in Appendix D (page 4): “…focuses primarily on climate action plans (CAPs) and local authority over new residential development. It does not address other land use types (e.g., industrial) or air permitting.” September 2024 Page 79
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City of Menifee Initial Study/Mitigated Negative Declaration Additionally on Page 21 in Appendix D, CARB states: “The recommendations outlined in this section apply only to residential and mixed-use development project types. California currently faces both a housing crisis and a climate crisis, which necessitates prioritizing recommendations for residential projects to address the housing crisis in a manner that simultaneously supports the State’s GHG and regional air quality goals. CARB plans to continue to explore new approaches for other land use types in the future.” As such, it would be inappropriate to apply the requirements contained in Appendix D of the 2022 Scoping Plan to any land use types other than residential or mixed-use residential development.
Legislative Actions to Reduce GHGs
The State of California legislature has enacted a series of bills that constitute the most aggressive program to reduce GHGs of any state in the nation. Some legislation, such as the landmark AB 32 was specifically enacted to address GHG emissions. Other legislation, such as Title 24 and Title 20 energy standards, were originally adopted for other purposes such as energy and water conservation, but also provide GHG reductions. This section describes the major provisions of the legislation.
AB 1881 (Water Conservation in Landscaping Act of 2006) The Water Conservation in Landscaping Act of 2006 requires local agencies to adopt the updated DWR model ordinance or equivalent. AB 1881 also requires the CEC to consult with the DWR to adopt, by regulation, performance standards and labeling requirements for landscape irrigation equipment, including irrigation controllers, moisture sensors, emission devices, and valves to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy or water.
SB 1368 (Emission Performance Standard)
California SB 1368 adds Sections 8340 and 8341 to the Public Utilities Code (effective January 1, 2007) with the intent “to prevent long-term investments in power plants with GHG emissions in excess of those produced by a combined-cycle natural gas power plant” with the aim of “reducing emissions of GHGs from the state’s electricity consumption, not just the state’s electricity production.” SB 1368 provides a mechanism for reducing the GHG emissions of electricity providers, both in-state and out-of-state, thereby assisting CARB in meeting its mandate under AB 32, the Global Warming Solutions Act of 2006.
AB 32 (Global Warming Solutions Act of 2006)
The California State Legislature enacted AB 32, which required that GHGs emitted in California be reduced to 1990 levels by the year 2020 (this goal has been met 14). GHGs, as defined under AB 32, include CO2,
CH , N O, HFCs, PFCs, and SF . Since AB 32 was enacted, a seventh chemical, NF , has also been added to 4 2 6 3 the list of GHGs. CARB is the state agency charged with monitoring and regulating sources of GHGs.
Pursuant to AB 32, CARB adopted regulations to achieve the maximum technologically feasible and costeffective GHG emission reductions. AB 32 states the following:
“Global warming poses a serious threat to the economic well-being, public health, natural resources, and the environment of California. The potential adverse impacts of global warming include the exacerbation of air quality problems, a reduction in the quality and supply of water to the state from the Sierra snowpack, a rise in sea levels resulting in the 14 Based upon the 2019 GHG inventory data (i.e., the latest year for which data are available) for the 2000-2017 GHG emissions period, California emitted an average 424.1 MMTCO e. This is less than the 2020 emissions target of 431 MMTCO e. 2 2 September 2024 Page 80
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City of Menifee Initial Study/Mitigated Negative Declaration displacement of thousands of coastal businesses and residences, damage to marine ecosystems and the natural environment, and an increase in the incidences of infectious diseases, asthma, and other human health-related problems.” SB 375 (Sustainable Communities and Climate Protection Act of 2008) On September 30, 2008, SB 375 was signed by Governor Schwarzenegger. According to SB 375, the transportation sector is the largest contributor of GHG emissions, which emits over 40% of the total GHG emissions in California. SB 375 states, “Without improved land use and transportation policy, California would not be able to achieve the goals of AB 32.” SB 375 does the following: it (1) requires metropolitan planning organizations (MPOs) to include sustainable community strategies in their regional transportation plans for reducing GHG emissions; (2) aligns planning for transportation and housing; and (3) creates specified incentives for the implementation of the strategies.
SB 375 requires MPOs to prepare a SCSSCS within the RTP that guides growth while taking into account the transportation, housing, environmental, and economic needs of the region. SB 375 uses CEQA streamlining as an incentive to encourage residential projects, which help achieve AB 32 goals to reduce GHG emissions. Although SB 375 does not prevent CARB from adopting additional regulations, such actions are not anticipated in the foreseeable future.
Concerning CEQA, SB 375, as codified in Public Resources Code Section 21159.28, states that CEQA findings for certain projects are not required to reference, describe, or discuss (1) growth inducing impacts, or (2) any project-specific or cumulative impacts from cars and light-duty truck trips generated by the project on global warming or the regional transportation network, if the project:
1. Is in an area with an approved sustainable communities strategy or an alternative planning strategy that CARB accepts as achieving the GHG emission reduction targets.
2. Is consistent with that strategy (in designation, density, building intensity, and applicable policies).
3. Incorporates the MMs required by an applicable prior environmental document.
AB 1493 (Pavley Fuel Efficiency Standards)
The second phase of the implementation for the Pavley bill was incorporated into Amendments to the Low-Emission Vehicle Program (LEV III) or the Advanced Clean Cars (ACC) program. The ACC program combines the control of smog-causing pollutants and GHG emissions into a single coordinated package of requirements for MY 2017 through 2025. The regulation will reduce GHGs from new cars by 34% from 2016 levels by 2025. The new rules will clean up gasoline and diesel-powered cars, and deliver increasing numbers of zero-emission technologies, such as full battery electric cars, newly emerging plug-in hybrid EV and hydrogen fuel cell cars. The package will also ensure adequate fueling infrastructure is available for the increasing numbers of hydrogen fuel cell vehicles planned for deployment in California. On March 9,2022, EPA reinstated California’s authority under the Clean Air Act to implement its own GHG emission standards for cars and light trucks, which other states can also adopt and enforce. With this authority restored, EPA will continue partnering with states to advance the next generation of clean vehicle technologies.
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City of Menifee Initial Study/Mitigated Negative Declaration SB 350 (Clean Energy and Pollution Reduction Act of 2015) In October 2015, the legislature approved, and Governor Jerry Brown signed SB 350, which reaffirms California’s commitment to reducing its GHG emissions and addressing climate change. Key provisions include an increase in the RPS, higher energy efficiency requirements for buildings, initial strategies towards a regional electricity grid, and improved infrastructure for EV charging stations. Provisions for a 50% reduction in the use of petroleum statewide were removed from the Bill because of opposition and concern that it would prevent the Bill’s passage. Specifically, SB 350 requires the following to reduce statewide GHG emissions:
• Increase the amount of electricity procured from renewable energy sources from 33% to 50% by 2030, with interim targets of 40% by 2024, and 45% by 2027. • Double the energy efficiency in existing buildings by 2030. This target would be achieved through the California Public Utilities Commission (CPUC), the California Energy Commission (CEC), and local publicly owned utilities.
• Reorganize the Independent System Operator (ISO) to develop more regional electrify transmission markets and to improve accessibility in these markets, which would facilitate the growth of renewable energy markets in the western United States.
SB 32 (California Global Warming Solutions Act of 2016) On September 8, 2016, Governor Brown signed SB 32 and its companion bill, AB 197. SB 32 requires the state to reduce statewide GHG emissions to 40% below 1990 levels by 2030, a reduction target that was first introduced in Executive Order B-30-15. The new legislation builds upon the AB 32 goal and provides an intermediate goal to achieving S-3-05, which sets a statewide GHG reduction target of 80% below 1990 levels by 2050. AB 197 creates a legislative committee to oversee regulators to ensure that CARB not only responds to the Governor, but also the Legislature.
Executive Orders Related to GHG Emissions
California’s Executive Branch has taken several actions to reduce GHGs using executive orders. Although not regulatory, they set the tone for the State and guide the actions of state agencies.
Executive Order S-3-05. Executive Order S-3-05 was issued on June 1, 2005, which established the following GHG emissions reduction targets:
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By 2010, reduce GHG emissions to 2000 levels.
By 2020, reduce GHG emissions to 1990 levels.
By 2050, reduce GHG emissions to 80 percent below 1990.
The 2050 reduction goal represents what some scientists believe is necessary to reach levels that will stabilize the climate. The 2020 goal was established to be a mid-term target. Because this is an executive order, the goals are not legally enforceable for local governments or the private sector.
Executive Order S-01-07. Issued on January 18, 2007, Executive Order S 01-07 mandates that a statewide goal shall be established to reduce the carbon intensity of California’s transportation fuels by at least 10 percent by 2020. The executive order established a Low Carbon Fuel Standard (LCFS) and directed the Secretary for Environmental Protection to coordinate the actions of the California Energy Commission September 2024 Page 82
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City of Menifee Initial Study/Mitigated Negative Declaration (CEC), CARB, the University of California, and other agencies to develop and propose protocols for measuring the “life-cycle carbon intensity” of transportation fuels. CARB adopted the LCFS on April 23, 2009.
Executive Order S-13-08. Issued on November 14, 2008, Executive Order S-13-08 facilitated the California Natural Resources Agency development of the 2009 California Climate Adaptation Strategy. Objectives include analyzing risks of climate change in California, identifying and exploring strategies to adapt to climate change, and specifying a direction for future research.
Executive Order S-14-08. Issued on November 17, 2008, Executive Order S-14-08 expands the State’s Renewable Energy Standard to 33 percent renewable power by 2020. Additionally, Executive Order S-21-09 (signed on September 15, 2009) directs CARB to adopt regulations requiring 33 percent of electricity sold in the State come from renewable energy by 2020. CARB adopted the Renewable Electricity Standard on September 23, 2010, which requires 33 percent renewable energy by 2020 for most publicly owned electricity retailers.
Executive Order S-21-09. Issued on July 17, 2009, Executive Order S-21-09 directs CARB to adopt regulations to increase California's Renewable Portfolio Standard (RPS) to 33 percent by 2020. This builds upon SB 1078 (2002), which established the California RPS program, requiring 20 percent renewable energy by 2017, and SB 107 (2006), which advanced the 20 percent deadline to 2010, a goal which was expanded to 33 percent by 2020 in the 2005 Energy Action Plan II.
Executive Order B-30-15. Issued on April 29, 2015, Executive Order B-30-15 established a California GHG reduction target of 40 percent below 1990 levels by 2030 and directs CARB to update the Climate Change Scoping Plan to express the 2030 target in terms of million metric tons of CO e (MMTCO e). The 2030 2 2 target acts as an interim goal on the way to achieving reductions of 80 percent below 1990 levels by 2050, a goal set by Executive Order S-3-05. The executive order also requires the State’s climate adaptation plan to be updated every three years and for the State to continue its climate change research program, among other provisions. With the enactment of SB 32 in 2016, the Legislature codified the goal of reducing GHG emissions by 2030 to 40 percent below 1990 levels.
Executive Order B-55-18. Issued on September 10, 2018, Executive Order B-55-18 establishes a goal to achieve carbon neutrality as soon as possible, and no later than 2045, and achieve and maintain net negative emissions thereafter. This goal is in addition to the existing statewide targets of reducing GHG emissions. The executive order requires CARB to work with relevant state agencies to develop a framework for implementing this goal. It also requires CARB to update the Scoping Plan to identify and recommend measures to achieve carbon neutrality. The executive order also requires state agencies to develop sequestration targets in the Natural and Working Lands Climate Change Implementation Plan.
Executive Order N-79-20. Signed in September 2020, Executive Order N-79-20 establishes as a goal that where feasible, all new passenger cars and trucks, as well as all drayage/cargo trucks and off-road vehicles and equipment, sold in California, will be zero-emissioned by 2035. The executive order sets a similar goal requiring that all medium and heavy-duty vehicles will be zero-emission by 2045 where feasible. It also directs CARB to develop and propose rulemaking for passenger vehicles and trucks, medium-and heavyduty fleets where feasible, drayage trucks, and off-road vehicles and equipment “requiring increasing volumes” of new zero emission vehicles (ZEVs) “towards the target of 100 percent.” The executive order September 2024 Page 83
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City of Menifee Initial Study/Mitigated Negative Declaration directs the California Environmental Protection Agency (EPA), the California Geologic Energy Management Division (CalGEM), and the California Natural Resources Agency to transition and repurpose oil production facilities with a goal toward meeting carbon neutrality by 2045. Executive Order N-79-20 builds upon the CARB Advanced Clean Trucks regulation, which was adopted by CARB in July 2020.
California Regulations and Building Codes
California has a long history of adopting regulations to improve energy efficiency in new and remodeled buildings. These regulations have kept California’s energy consumption relatively flat even with rapid population growth.
Title 20 Appliance Efficiency Regulations. The appliance efficiency regulations (California Code of Regulations [CCR] Title 20, Sections 1601-1608) include standards for new appliances. Twenty-three categories of appliances are included in the scope of these regulations. These standards include minimum levels of operating efficiency, and other cost-effective measures, to promote the use of energy- and water-efficient appliances.
Title 24 Building Energy Efficiency Standards. California’s Energy Efficiency Standards for Residential and Nonresidential Buildings (CCR Title 24, Part 6) was first adopted in 1978 in response to a legislative mandate to reduce California’s energy consumption. The standards are updated periodically to allow consideration and possible incorporation of new energy efficient technologies and methods. Energy efficient buildings require less electricity; therefore, increased energy efficiency reduces fossil fuel consumption and decreases GHG emissions. The CEC adopted the 2022 Energy Code on August 11, 2021, which was subsequently approved by the California Building Standards Commission for inclusion into the California Building Standards Code. The 2022 Energy Code encourages efficient electric heat pumps, establishes electric-ready requirements for new homes, expands solar photovoltaic and battery storage standards, strengthens ventilation standards, and more. Buildings whose permit applications are applied for on or after January 1, 2023, must comply with the 2022 Energy Code.
Title 24 California Green Building Standards Code. The California Green Building Standards Code (CCR Title 24, Part 11 code) commonly referred to as the CALGreen Code, is a statewide mandatory construction code developed and adopted by the California Building Standards Commission and the Department of Housing and Community Development. The CALGreen standards require new residential and commercial buildings to comply with mandatory measures under the topics of planning and design, energy efficiency, water efficiency/conservation, material conservation and resource efficiency, and environmental quality. CALGreen also provides voluntary tiers and measures that local governments may adopt that encourage or require additional measures in the five green building topics. The latest update to the CALGreen Code went into effect January 1, 2023 (2022 CALGreen).
CALGreen is updated on a regular basis, with the most recent approved update consisting of a supplement issued by the California Building Standards Commission in order to provide new and/or replacement pages containing recently adopted provisions for the 2022 CALGreen on July 1, 2024.
The CEC anticipates that the 2022 energy code will provide $1.5 billion in consumer benefits and reduce GHG emissions by 10 million metric tons (44). The Project would be required to comply with the applicable standards in place at the time plan check submittals are made. These require, among other items:
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City of Menifee Initial Study/Mitigated Negative Declaration Nonresidential Mandatory Measures
Short-term bicycle parking. If the new project or an additional alteration is anticipated to generate visitor traffic, provide permanently anchored bicycle racks within 200 feet of the visitors’ entrance, readily visible to passers-by, for 5% of new visitor motorized vehicle parking spaces being added, with a minimum of one two-bike capacity rack (5.106.4.1.1). •
Long-term bicycle parking. For new buildings with tenant spaces that have 10 or more tenantoccupants, provide secure bicycle parking for 5% of the tenant-occupant vehicular parking spaces with a minimum of one bicycle parking facility (5.106.4.1.2). •
•
•
Designated parking for clean air vehicles. In new projects or additions to alterations that add 10 or more vehicular parking spaces, provide designated parking for any combination of lowemitting, fuel-efficient and carpool/van pool vehicles as shown in Table5.106.5.2 (5.106.5.2).
EV charging stations. New construction shall facilitate the future installation of EV supply equipment.
The compliance requires empty raceways for future conduit and documentation that the electrical system has adequate capacity for the future load. The number of spaces to be provided for is contained in Table 5.106. 5.3.3 (5.106.5.3). Additionally, Table 5.106.5.4.1 specifies requirements for the installation of raceway conduit and panel power requirements for medium- and heavy-duty electric vehicle supply equipment for warehouses, grocery stores, and retail stores. •
•
Outdoor light pollution reduction. Outdoor lighting systems shall be designed to meet the backlight, uplight and glare ratings per Table 5.106.8 (5.106.8).
Construction waste management. Recycle and/or salvage for reuse a minimum of 65% of the nonhazardous construction and demolition waste in accordance with Section 5.408.1.1.
5.405.1.2, or 5.408.1.3; or meet a local construction and demolition waste management ordinance, whichever is more stringent (5.408.1).
Excavated soil and land clearing debris. 100% of trees, stumps, rocks and associated vegetation and soils resulting primarily from land clearing shall be reused or recycled. For a phased project, such material may be stockpiled on site until the storage site is developed (5.408.3). •
• Recycling by Occupants. Provide readily accessible areas that serve the entire building and are identified for the depositing, storage, and collection of non-hazardous materials for recycling, including (at a minimum) paper, corrugated cardboard, glass, plastics, organic waste, and metals or meet a lawfully enacted local recycling ordinance, if more restrictive (5.410.1).
Water conserving plumbing fixtures and fittings. Plumbing fixtures (water closets and urinals) and fittings (faucets and showerheads) shall comply with the following:
•
Water Closets. The effective flush volume of all water closets shall not exceed 1.28 gallons per flush (5.303.3.1).
o
Urinals. The effective flush volume of wall-mounted urinals shall not exceed 0.125 gallons per flush (5.303.3.2.1). The effective flush volume of floor- mounted or other urinals shall not exceed 0.5 gallons per flush (5.303.3.2.2).
o
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City of Menifee Initial Study/Mitigated Negative Declaration Showerheads. Single showerheads shall have a minimum flow rate of not more than 1.8 gallons per minute and 80 psi (5.303.3.3.1). When a shower is served by more than one showerhead, the combined flow rate of all showerheads and/or other shower outlets controlled by a single valve shall not exceed 1.8 gallons per minute at 80 psi (5.303.3.3.2). o
Faucets and fountains. Nonresidential lavatory faucets shall have a maximum flow rate of not more than 0.5 gallons per minute at 60 psi (5.303.3.4.1). Kitchen faucets shall have a maximum flow rate of not more than 1.8 gallons per minute of 60 psi (5.303.3.4.2).
Wash fountains shall have a maximum flow rate of not more than 1.8 gallons per minute (5.303.3.4.3). Metering faucets shall not deliver more than 0.20 gallons per cycle (5.303.3.4.4). Metering faucets for wash fountains shall have a maximum flow rate not more than 0.20 gallons per cycle (5.303.3.4.5).
o
•
•
•
Outdoor potable water uses in landscaped areas. Nonresidential developments shall comply with a local water efficient landscape ordinance or the current California Department of Water Resources’ Model Water Efficient Landscape Ordinance (MWELO), whichever is more stringent (5.304.1).
Water meters. Separate submeters or metering devices shall be installed for new buildings or additions in excess of 50,000 sf or for excess consumption where any tenant within a new building or within an addition that is projected to consume more than 1,000 gallons per day (GPD) (5.303.1.1 and 5.303.1.2).
Outdoor water uses in rehabilitated landscape projects equal or greater than 2,500 sf.
Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 sf requiring a building or landscape permit (5.304.3).
Commissioning. For new buildings 10,000 sf and over, building commissioning shall be included in the design and construction processes of the building project to verify that the building systems and components meet the owner’s or owner representative’s project requirements (5.410.2).
CARB Advanced Clean Truck Regulation. CARB adopted the Advanced Clean Truck Regulation in June 2020 requiring truck manufacturers to transition from diesel trucks and vans to electric zero-emission trucks beginning in 2024. By 2045, every new truck sold in California is required to be zero-emission. This rule directly addresses disproportionate risks and health and pollution burdens and puts California on the path for an all zero-emission short-haul drayage fleet in ports and railyards by 2035, and zero-emission “lastmile” delivery trucks and vans by 2040. The Advanced Clean Truck Regulation accelerates the transition of zero-emission medium-and heavy-duty vehicles from Class 2b to Class 8. The regulation has two components including a manufacturer sales requirement, and a reporting requirement:
• Zero-Emission Truck Sales: Manufacturers who certify Class 2b through 8 chassis or complete vehicles with combustion engines are required to sell zero-emission trucks as an increasing percentage of their annual California sales from 2024 to 2035. By 2035, zero-emission truck/chassis sales need to be 55 percent of Class 2b – 3 truck sales, 75 percent of Class 4 – 8 straight truck sales, and 40 percent of truck tractor sales. • Company and Fleet Reporting: Large employers including retailers, manufacturers, brokers and others would be required to report information about shipments and shuttle services. Fleet September 2024 Page 86
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City of Menifee Initial Study/Mitigated Negative Declaration owners, with 50 or more trucks, would be required to report about their existing fleet operations.
This information would help identify future strategies to ensure that fleets purchase available zero-emission trucks and place them in service where suitable to meet their needs.
CARB Refrigerant Management Program
CARB adopted a regulation in 2009 to reduce refrigerant GHG emissions from stationary sources through refrigerant leak detection and monitoring, leak repair, system retirement and retrofitting, reporting and recordkeeping, and proper refrigerant cylinder use, sale, and disposal. The regulation is set forth in sections 95380 to 95398 of Title 17, CCR. The rules implementing the regulation establish a limit on statewide GHG emissions from stationary facilities with refrigeration systems with more than 50 pounds of a high GWP refrigerant. The refrigerant management program is designed to (1) reduce emissions of high-GWP GHG refrigerants from leaky stationary, non-residential refrigeration equipment; (2) reduce emissions from the installation and servicing of refrigeration and air-conditioning appliances using highGWP refrigerants; and (3) verify GHG emission reductions.
Tractor‐Trailer GHG Regulation
The tractors and trailers subject to this regulation must either use EPA SmartWay certified tractors and trailers or retrofit their existing fleet with SmartWay verified technologies. The regulation applies primarily to owners of 53-foot or longer box-type trailers, including both dry-van and refrigerated-van trailers, and owners of the HD tractors that pull them on California highways. These owners are responsible for replacing or retrofitting their affected vehicles with compliant aerodynamic technologies and low rolling resistance tires. Sleeper cab tractors MY 2011 and later must be SmartWay certified. All other tractors must use SmartWay verified low rolling resistance tires. There are also requirements for trailers to have low rolling resistance tires and aerodynamic devices.
Phase I and 2 Heavy-Duty Vehicle GHG Standards
In September 2011, CARB adopted a regulation for GHG emissions from HDTs and engines sold in California. It establishes GHG emission limits on truck and engine manufacturers and harmonizes with the EPA rule for new trucks and engines nationally. Existing HD vehicle regulations in California include engine criteria emission standards, tractor-trailer GHG requirements to implement SmartWay strategies (i.e., the Heavy-Duty Tractor-Trailer GHG Regulation), and in-use fleet retrofit requirements such as the Truck and Bus Regulation. The EPA rule has compliance requirements for new compression and spark ignition engines, as well as trucks from Class 2b through Class 8. Compliance requirements began with MY 2014 with stringency levels increasing through MY 2018. The rule organizes truck compliance into three groupings, which include a) HD pickups and vans; b) vocational vehicles; and c) combination tractors. The EPA rule does not regulate trailers.
CARB staff has worked jointly with the EPA and the NHTSA on the next phase of federal GHG emission standards for medium-duty trucks (MDT) and HDT vehicles, called federal Phase 2. The federal Phase 2 standards were built on the improvements in engine and vehicle efficiency required by the Phase 1 emission standards and represent a significant opportunity to achieve further GHG reductions for 2018 and later MY HDT vehicles, including trailers.
On March 29, 2024, the EPA announced a final rule to revise existing standards to reduce greenhouse gas emissions from heavy duty vehicles in model year 2027 and set new and more stringent standards for September 2024 Page 87
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City of Menifee Initial Study/Mitigated Negative Declaration model years 2028 through 2032. The rule known as “Phase 3 greenhouse gas”, builds on previous Phase 1 and Phase 2 greenhouse gas rulemakings which were set to collectively reduce greenhouse gas emissions from heavy-duty vehicles and engines
SB 97 and the CEQA Guidelines Update
Passed in August 2007, SB 97 added Section 21083.05 to the Public Resources Code. The code states “(a) On or before July 1, 2009, the Office of Planning and Research (OPR) shall prepare, develop, and transmit to the Resources Agency guidelines for the mitigation of GHG emissions or the effects of GHG emissions as required by this division, including, but not limited to, effects associated with transportation or energy consumption. (b) On or before January 1, 2010, the Resources Agency shall certify and adopt guidelines prepared and developed by the OPR pursuant to subdivision (a).” In 2012, Public Resources Code Section 21083.05 was amended to state:
“The Office of Planning and Research and the Natural Resources Agency shall periodically update the guidelines for the mitigation of greenhouse gas emissions or the effects of greenhouse gas emissions as required by this division, including, but not limited to, effects associated with transportation or energy consumption, to incorporate new information or criteria established by the State Air Resources Board pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code.” On December 28, 2018, the Natural Resources Agency announced the OAL approved the amendments to the CEQA Guidelines for implementing CEQA. The CEQA Amendments provide guidance to public agencies regarding the analysis and mitigation of the effects of GHG emissions in CEQA documents. The CEQA Amendments fit within the existing CEQA framework by amending existing CEQA Guidelines to reference climate change.
Section 15064.4 was added to the CEQA Guidelines and states that in determining the significance of a project’s GHG emissions, the lead agency should focus its analysis on the reasonably foreseeable incremental contribution of the project’s emissions to the effects of climate change. A project’s incremental contribution may be cumulatively considerable even if it appears relatively insignificant compared to statewide, national, or global emissions. The agency’s analysis should consider a timeframe that is appropriate for the project. The agency’s analysis also must reasonably reflect evolving scientific knowledge and state regulatory schemes. Additionally, a lead agency may use a model or methodology to estimate GHG emissions resulting from a project. The lead agency has discretion to select the model or methodology it considers most appropriate to enable decision makers to intelligently take into account the project’s incremental contribution to climate change. The lead agency must support its selection of a model or methodology with substantial evidence. The lead agency should explain the limitations of the particular model or methodology selected for use.
Regional
South Coast Air Quality Management District Thresholds
SCAQMD is the agency responsible for air quality planning and regulation in the SCAB. The SCAQMD addresses the impacts to climate change of projects subject to SCAQMD permit as a lead agency if they are the only agency having discretionary approval for the project and acts as a responsible agency when September 2024 Page 88
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City of Menifee Initial Study/Mitigated Negative Declaration a land use agency must also approve discretionary permits for the project. The SCAQMD acts as an expert commenting agency for impacts to air quality. This expertise carries over to GHG emissions, so the agency helps local land use agencies through the development of models and emission thresholds that can be used to address GHG emissions.
In 2008, SCAQMD formed a Working Group to identify GHG emissions thresholds for land use projects that could be used by local lead agencies in the SCAB. The Working Group developed several different options that are contained in the SCAQMD Draft Guidance Document – Interim CEQA GHG Significance Threshold, which could be applied by lead agencies. The working group has not provided additional guidance since release of the interim guidance in 2008. The SCAQMD Board has not approved the thresholds; however, the Guidance Document provides substantial evidence supporting the approaches to significance of GHG emissions that can be considered by the lead agency in adopting its own threshold.
The current interim thresholds consist of the following tiered approach:
• Tier 1 consists of evaluating whether or not the project qualifies for any applicable exemption under CEQA.
• Tier 2 consists of determining whether the project is consistent with a GHG reduction plan. If a project is consistent with a qualifying local GHG reduction plan, it does not have significant GHG emissions.
• Tier 3 consists of screening values, which the lead agency can choose, but must be consistent with all projects within its jurisdiction. A project’s construction emissions are averaged over 30 years and are added to the project’s operational emissions. If a project’s emissions are below one of the following screening thresholds, then the project is less than significant:
o
o
o
Residential and commercial land use: 3,000 MTCO2e/yr
Industrial land use: 10,000 MTCO2e/yr
Based on land use type: residential: 3,500 MTCO e/yr; commercial: 1,400 MTCO e/yr; or 2 2 mixed use: 3,000 MTCO2e/yr
• Tier 4 has the following options:
o Option 1: Reduce Business-as-Usual (BAU) emissions by a certain percentage; this percentage is currently undefined.
o
o
Option 2: Early implementation of applicable AB 32 Scoping Plan measures Option 3: 2020 target for service populations (SP), which includes residents and employees: 4.8 MTCO e per SP per year for projects and 6.6 MTCO e per SP per year for 2 2 plans;
o Option 3, 2035 target: 3.0 MTCO e per SP per year for projects and 4.1 MTCO e per SP 2 2 per year for plans
• Tier 5 involves mitigation offsets to achieve target significance threshold.
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City of Menifee Initial Study/Mitigated Negative Declaration The SCAQMD’s interim thresholds used the Executive Order S-3-05-year 2050 goal as the basis for the Tier 3 screening level. Achieving the Executive Order’s objective would contribute to worldwide efforts to cap CO2 concentrations at 450 ppm, thus stabilizing global climate.
SCAQMD only has authority over GHG emissions from development projects that include air quality permits. At this time, it is unknown if the Project would include stationary sources of emissions subject to SCAQMD permits. Notwithstanding, if the Project requires a stationary permit, it would be subject to the applicable SCAQMD regulations.
SCAQMD Regulation XXVII, amended in 2010, includes the following rules:
•
•
Rule 2700 defines terms and post global warming potentials.
Rule 2701, SoCal Climate Solutions Exchange, establishes a voluntary program to encourage, quantify, and certify voluntary, high quality certified GHG emission reductions in the SCAQMD. • Rule 2702, GHG Reduction Program created a program to produce GHG emission reductions within the SCAQMD. The SCAQMD would fund projects through contracts in response to requests for proposals or purchase reductions from other parties.
SCAQMD Rule 2305 & 316
Rule 2305, Warehouse Indirect Source Rule, which includes the Warehouse Actions and Investments to Reduce Emissions Program (WAIRE), and Rule 316. Rule 2305 establishes for the first time a regulatory program designed to reduce air pollution (and indirect GHG emissions) caused by warehouse-related activities and is focused on emissions from vehicles that service large warehouses. Rule 316 establishes a fee system to support the Rule 2305 program on an ongoing basis. Rules 2305 and 316 apply to operators and owners of existing and new warehouses with floor space greater than or equal to 100,000-sf within a single building (i.e., large warehouses). Rules 2305 and 316 require such operators and owners to annually take actions with respect to their warehouses that either reduce emissions regionally and locally or facilitate emission reductions. Specifically, owners and operators must “earn” a specific number of WAIRE Points. However, warehouse owners are only required to earn WAIRE Points if they are also a warehouse operator. If a warehouse owner is not an operator, they are not required to earn WAIRE Points even if the operator in their warehouse does not earn the required number of WAIRE Points. Warehouse owners are only required to submit a Warehouse Operations Notification to the SCAQMD.
The number of WAIRE Points required for a specific operator is based on the intensity of operations (i.e., number of truck trips and type of trucks) at each of their warehouses every year. The required points are known as the WAIRE Points Compliance Obligation (WPCO). The WPCO is calculated based on a 12-month survey of truck trips entering or exiting the site, the truck data is weighted based on the types of trucks, and activity is projected for the next year. Thus, the WAIRE Points pay for the prior year’s emissions based on points earned in subsequent years.
WAIRE Points are earned by implementing a menu of items including purchasing/renting/leasing nearzero (NZE) and zero emission (ZE) yard equipment and/or trucks, installing on-site ZE fueling stations, and proving on-site solar PV systems that are intended to offset or reduce warehouse emissions. Owners and operators may also implement custom WAIRE plans for individual facilities, subject to SCAQMD approval; or pay mitigation fees to have the SCAQMD implement measures within the SCAB. Owners and operators September 2024 Page 90
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City of Menifee Initial Study/Mitigated Negative Declaration that over-comply may transfer excess WAIRE Points earned in one year to a subsequent year or may transfer WAIRE points to another site within their control. WAIRE Points cannot be transferred to other operators and expire after 3 years. Rule 2305 also requires reporting information about facility operations and recordkeeping. Rule 316 is the companion rule to Rule 2305 and establishes the administrative fees that Rule 2305 warehouse owners and operators must pay to support SCAQMD compliance activities.
While the Project proponent may be defined as a warehouse owner and would submit a Warehouse Operation Notice(s), as required, the Project proponent does not intend to be the warehouse operator and has no knowledge of the future operations. Thus, the specific information required by Rule 2305 for calculating the WPCO is unavailable, and the necessary number of points is unknown. Finally, the WAIRE points expire after 3 years and are based on actions of future operators and are thus temporary and could not be calculated. Therefore, even though the WAIRE program will reduce emissions for warehouse activities in the region, no emission reductions from the WAIRE Program were calculated for this analysis.
Southern California Association of Governments
On September 3, 2020, SCAG’s Regional Council adopted the 2020 - 2045 RTP/SCS, commonly referred to as the Connect SoCal. The Connect SoCal charts a course for closely integrating land use and transportation so that the region can grow smartly and sustainably. The strategy was prepared through a collaborative, continuous, and comprehensive process with input from local governments, county transportation commissions, tribal governments, non-profit organizations, businesses, and local stakeholders within the counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, andVentura.
The Connect SoCal is a long-range vision plan those balances future mobility and housing needs with economic, environmental, and public health goals. The SCAG region strives toward sustainability through integrated land use and transportation planning. The SCAG region must achieve specific federal air quality standards and is required by state law to lower regional GHG emissions.
GHG Thresholds
The City of Menifee has not adopted a project-specific significance threshold and instead relies on SCAQMD’s recommended Tier 3 screening threshold of 10,000 MTCO2e/yr. for industrial stationary source emissions to determine the significance of a project’s GHG emissions. However, the City has determined that the SCAQMD’s draft threshold of 3,000 MTCO2e/yr. is more conservative and appropriate for industrial and warehouse land use development projects.
The 3,000 MTCO2e per year threshold is based on a 90% emission “capture” rate methodology. Prior to its use by the SCAQMD, the 90% emissions capture approach was one of the options suggested by the California Air Pollution ControlOfficers Association (CAPCOA) in their CEQA & Climate Change white paper (2008). A 90% emission capture rate means that unmitigated GHG emissions from the top 90% of all GHGproducing projects within a geographic area – the SCAB in this instance – would be subject to a detailed analysis of potential environmental impacts from GHG emissions, while the bottom 10% of all GHGproducing projects would be excluded from detailed analysis. A GHG significance threshold based on a 90% emission capture rate is appropriate to address the long-term adverse impacts associated with global climate change because medium and large projects will be required to implement measures to reduce GHG emissions, while small projects, which are generally infill development projects that are not the focus of the State’s GHG reduction targets, are allowed to proceed. Further, a 90% emission capture rate sets September 2024 Page 91
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City of Menifee Initial Study/Mitigated Negative Declaration the emission threshold low enough to capture a substantial proportion of future development projects and demonstrate that cumulative emissions reductions are being achieved while setting the emission threshold high enough to exclude small projects that will, in aggregate, contribute approximate 1% of projected statewide GHG emissions in the Year 2050.
In setting the threshold at 3,000 MTCO2e/yr, SCAQMD researched a database of projects kept by the Governor’s Office of Planning and Research (OPR). That database contained 798 projects, 87 of which were removed because they were very large projects and/or outliers that would skew emissions values too high, leaving 711 as the sample population to use in determining the 90th percentile capture rate. The SCAQMD analysis of the 711 projects within the sample population combined commercial, residential, and mixed-use projects. It should be noted that the sample of projects included warehouses and other light industrial land uses but did not include industrial processes (i.e., oil refineries, heavy manufacturing, electric generating stations, mining operations, etc.). Emissions from each of these projects were calculated by SCAQMD to provide a consistent method of emissions calculations across the sample population and from projects within the sample population. In calculating the emissions, the SCAQMD analysis determined that the 90th percentile ranged between 2,983 to 3,143 MTCO2e/yr. The SCAQMD set their significance threshold at the low-end value of the range when rounded to the nearest hundred tons of emissions (i.e., 3,000 MTCO2e per year) to define small projects that are considered less than significant and do not need to provide further analysis.
The City understands that the 3,000 MTCO2e/yr threshold for residential/commercial uses was proposed by SCAQMD a decade ago and was adopted as an interim policy; however, no permanent, superseding policy or threshold has since been adopted. The 3,000 MTCO2e/yr threshold was developed and recommended by SCAQMD, an expert agency, based on substantial evidence as provided in the Draft Guidance Document – Interim CEQA Greenhouse Gas Significance Threshold (2008) document and subsequent Working Group meetings (latest of which occurred in 2010). SCAQMD has not withdrawn its support of the interim threshold and all documentation supporting the interim threshold remains on the SCAQMD website on a page that provides guidance to CEQA practitioners for air quality analysis (and where all SCAQMD significance thresholds for regional and local criteria pollutants and toxic air contaminants also are listed). Further, as stated by SCAQMD, this threshold “uses the Executive Order S3-05 goal [80% below 1990 levels by 2050] as the basis for deriving the screening level” and, thus, remains valid for use. Lastly, this threshold has been used for hundreds, if not thousands of GHG analyses performed for projects located within the SCAQMD jurisdiction.
Thus, for purposes of analysis in this analysis, if Project-related GHG emissions do not exceed the 3,000 MTCO2e/yr threshold, then Project-related GHG emissions would clearly have a less-than-significant impact pursuant. On the other hand, if Project-related GHG emissions exceed 3,000 MTCO2e/yr, the Project would be considered a substantial source of GHG emissions. a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Less than Significant Impact.
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City of Menifee Initial Study/Mitigated Negative Declaration Short-term Construction Greenhouse Gas Emissions
Project construction activities would generate direct CO , N O, and CH emissions from 2 2 4 construction equipment, transport of materials, and construction workers commuting to and from the Project site. To amortize the emissions over the life of the Project, the SCAQMD recommends calculating the total GHG emissions for the construction activities, dividing it by a 30-year Project life then adding that number to the annual operational phase GHG emissions. As such, construction emissions were amortized over a 30-year period and added to the annual operational phase GHG emissions. The amortized construction emissions are presented in Table 6, Amortized Annual Construction Emissions below.
Table 6: Amortized Annual Construction Emissions
Emissions (MT/yr.)
Year
CO2 CH4
0.03 0.03
N2O
0.01 0.01
Refrigerants Total CO2e
15 2025 665.45
665.45
0.18 0.18
670.51
Total GHG Emissions 670.51
Amortized Construction
Emissions 22.18 0.00 0.00 0.01 22.35
Source: Urban Crossroads. (2024). Greenhouse Gas Analysis. p. 54 – Table 3-4 As indicated in Table 6, the Project would result in the generation of approximately 22.35 MTCO2e over the course of construction. Construction GHG emissions are typically summed and amortized over a 30-year period, then added to the operational emissions. The amortized Project construction emissions would be 22.35 MTCO2e per year. Once construction is complete, construction-related GHG emissions would cease.
Long-term Operational Greenhouse Gas Emissions
Operational or long-term emissions would occur over the Project’s lifetime. GHG emissions would result from direct emissions such as Project generated vehicular traffic and operation of any landscaping equipment. Operational GHG emissions would also result from indirect sources, such as off-site generation of electrical power, the energy required to convey water to, and wastewater from the Project, the emissions associated with solid waste generated from the Project, and any fugitive refrigerants from air conditioning or refrigerators.
The annual GHG emissions associated with the Project are summarized in the following Table 7, Project GHG Emissions – Without Mitigation.
15 CalEEMod reports the most common GHGs emitted which include CO , CH , N O and R. These GHGs are then converted into the CO e by 2 4 2 2 multiplying the individual GHG by the GWP.
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City of Menifee Initial Study/Mitigated Negative Declaration Table 7: Project GHG Emissions – Without Mitigation
Emissions (MT/yr.)
Emission Source
CO2 CH4 N2O Refrigerants Total CO2e
Annual construction-related
emissions amortized over 30 years 22.18 8.84E-04 4.72E-04 6.10E-03 22.35 Mobile Source
Area Source
Energy Source
Water Usage
Waste
Stationary Source
Total CO2e (All Sources)
2,107.55
5.37 198.62
85.63 22.20
11.42 0.04
0.00 0.02
2.00 2.22
0.00 0.26
0.00 0.00
0.05 0.00
2.71 0.00
0.00 0.00
0.00 0.00
2,188.69
5.39 199.78
149.90
77.68 0.00 11.46
2,655.24
Source: Urban Crossroads. (2024). Greenhouse Gas Analysis. p. 54 – Table 3-7 As shown in Table 7, the Project would generate approximately 2,655.24 MTCO2e annually from both construction and operations and the Project. Project-related GHG emissions would not exceed the City’s 3,000 MTCO2e per year threshold. Therefore, Project impacts would be less than significant, and no mitigation measures are required.
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Less than Significant Impact.
Pursuant to CEQA Guidelines section 15604.4, a lead agency may rely on qualitative analysis or performance-based standards to determine the significance of impacts from GHG emissions. As such, the Project’s consistency with the 2022 Scoping Plan, is discussed below. It should be noted that the Project’s consistency with the 2022 Scoping Plan also satisfies consistency with AB 32 since the 2022 Scoping Plan is based on the overall targets established by AB 32 and SB 32. Consistency with the 2008 and 2017 Scoping Plan is not necessary since both of these plans have been superseded by the 2022 Scoping Plan. As previously noted, the 2022 Scoping Plan advocates for compliance with a local CAP to determine consistency. Since the City does not currently have a climate action plan, the 2022 Scoping Plan is used to determine consistency.
Table 8, Consistency with the 2022 Scoping Plan summarizes the reduction actions/strategies by emissions source category to determine how the project would be consistent with or exceed reduction actions/strategies outlined in the 2022 Scoping Plan, and as shown, the Project would be consistent with the strategies discussed below.
Table 8: Consistency with the 2022 Scoping Plan
Reduction Strategy Project Consistency Analysis
GHG Emissions Reductions Relative to the SB 32 Target
40% below 1990 levels by 2030. Consistent. The SB 32 GHG emissions reduction target is not an Action that is analyzed independently, it is included in Table 2-1 of the 2022 Scoping Plan for reference. The proposed Project would not obstruct or conflict with agency efforts to meet the SB 32 reduction goal.
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City of Menifee Initial Study/Mitigated Negative Declaration Reduction Strategy Project Consistency Analysis
Smart Growth / Vehicles Miles Traveled
Reduce VMT per capita to 25% below Consistent. The Project site would develop the underutilized 2019 levels by 2030, and 30% below land with a 264,710 square foot warehouse building which 2019 levels by 2045. includes 10,000 square feet of office support space on an 11.47- acre site. As noted in the Ethanac Business Park VMT
Assessment, the Project’s effect on VMT was found to remain the same under the With Project scenario as compared to the No Project scenario for both the baseline and cumulative condition, which is below the City’s impact threshold.
Additionally, the Project-generated VMT per service population was found to be below the City’s impact threshold for the baseline and cumulative conditions with the inclusion of the following VMT reductions. The Project will include
transportation measures which would reduce energy
consumption such as commute trip reduction program which would encourage carpooling, taking transit, walking, and biking, thereby reducing VMT, ridesharing program which encourages carpooled vehicle trips in place of single-occupied vehicle trips, thereby reducing the number of trips and VMT, and end-of-trip bicycle facilities which would ensures provision and
maintenance of secure bike parking and related facilities encourages commuting by bicycle, thereby reducing VMT and GHG emissions. Therefore, future workers traveling from and to the proposed Projectwould have more access to work and other destinations and would reduce VMT. Although there are no specific smart growth reductions proposed, based on the VMT assessment the Project would have a less than significant VMT impact which fits within the overall context of reducing VMT. It is also important to note that the reduction targets identified in the 2022 Scoping Plan are Statewide and do not necessarily apply to individual projects. Thus, any project that meets applicable VMT standards and does not increase VMT per
capita, would be assisting with meeting the Statewide targets.
Lastly, as discussed in Section 3.7.1, the Project would result in a less than significant GHG impact, which is consistent with the state goals on GHG policies and one of the primary goals and objectives of reducing VMT is to reduce GHG emissions. As such, the Project is consistent with this strategy.
It should be noted that the Smart Growth/VMT reduction target is not an Action that is analyzed independently, it is included in Table 2-1 of the 2022 Scoping Plan for reference. The proposed Project would not obstruct or conflict with agency efforts to meet the Smart Growth/VMT reduction goal as discussed
herein.
Light-duty Vehicle (LDV) Zero Emission Vehicles (ZEVs)
100% of LDV sales are ZEV by 2035. Consistent. This strategy is related to LDV sales within California and the Project would not conflict with implementation of this action. Additionally, the Project would also support the usage of ZEV by providing future on-site EV charging per Title 24 standards.
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City of Menifee Initial Study/Mitigated Negative Declaration Reduction Strategy Project Consistency Analysis
Truck ZEVs
100% of medium-duty vehicle (MDV)/ Consistent. This strategy is related to MDV and HDV sales within heavy-duty vehicle (HDV) sales are ZEV California and the Project would not conflict with by 2040. implementation of this action. Additionally, the Project would also support the usage of ZEV by providing future installation of raceway conduit and panel power requirements for mediumand heavy-duty EV supply equipment per Title 24 standards.
Electricity Generation
Sector GHG target of 38 million metric Consistent. The Project would not obstruct with or conflict with tons of carbon dioxide equivalent the statewide procurement of renewable generated electricity. (MMTCO2e) in 2030 and 30 MMTCO2e
in 2035 Retail sales load coverage 20
gigawatts (GW) of offshore wind by
2045 Meet increased demand for
electrification without new fossil gasfired resources.
New Residential and Commercial Buildings
All electric appliances beginning 2026 Consistent. The Project would not conflict with the statewide (residential) and 2029 (commercial), goal of 6 million heat pumps installed by 2030. contributing to 6 million heat pumps
installed statewide by 2030.
Construction Equipment
25% of energy demand electrified by Consistent. The Project would not conflict with the 2030 and 75% electrified by 2045. implementation of electric off-road equipment. Additionally, the Project would be required to utilize electric on-site equipment per the City of Menifee’s Industrial Good Neighbor Policies.
Low Carbon Fuels for Transportation
Biomass supply is used to produce Consistent. The Project would not conflict with the effort to conventional and advanced biofuels, as increase low carbon fuels for transportation. well as hydrogen.
Low Carbon Fuels for Buildings and Industry
In 2030s biomethane blended in Consistent. The Project would not conflict with efforts to pipeline increase low carbon fuels for use in buildings.
Renewable hydrogen blended in fossil
gas pipeline at 7% energy (~20% by
volume), ramping up between 2030
and 2040
In 2030s, dedicated hydrogen pipelines
constructed to serve certain industrial
clusters.
Non-combustion Methane Emissions
Divert 75% of organic waste from Consistent. The project would be required to recycle and landfills by 2025 compost 75 percent of waste per AB 341. As such, the project would be consistent with the strategy.
High-GWP Potential Emissions
Low-GWP refrigerants introduced as Consistent. The Project would not conflict with efforts to building electrification increases, introduce low-GWP refrigerants. mitigating HFC emissions.
Source: Urban Crossroads. (2024). Greenhouse Gas Report. p. 64 -Table 3-8.
The Project would not impede the State’s progress towards carbon neutrality by 2045 under the 2022 Scoping Plan. The Project would be required to comply with applicable current and future September 2024 Page 96
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City of Menifee Initial Study/Mitigated Negative Declaration regulatory requirements promulgated through the 2022 Scoping Plan. Some of the current transportation sector policies the Project will comply with (through vehicle manufacturer compliance) include: Advanced Clean Cars II, Advanced Clean Trucks, Advanced Clean Fleets, Zero Emission Forklifts, the Off-Road Zero-Emission Targeted Manufacturer Rule, Clean Off-Road Fleet Recognition Program, In-Use Off-Road Diesel-Fueled Fleets Regulation, carbon pricing through the Cap-and-Trade Program, and the Low Carbon Fuel Standard. As such, the Project as shown previously in Table 8 and the discussion above, would be consistent with the 2022 Scoping Plan.
The Project would not have the potential to conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of GHGs.
Cumulative Impacts
Cumulative Setting
Climate change is a global problem. GHGs are global pollutants, unlike criteria air pollutants and TACs, which are pollutants of regional and local concern. Whereas pollutants with localized air quality effects have relatively short atmospheric lifetimes (about one day), GHGs have much longer atmospheric lifetimes of one year to several thousand years that allow them to be dispersed around the globe.
Cumulative Impacts
An individual project of this size and nature is of insufficient magnitude by itself to influence climate. GHG impacts are recognized as exclusively cumulative impacts; there are no non-cumulative GHG emission impacts from a climate change perspective. The additive effect of Project-related GHGs would not result in a reasonably foreseeable cumulatively considerable contribution to global climate change. As discussed above, the Project’s short-term and long-term GHG emissions would not exceed City’s threshold of 3,000 MTCO2e. Therefore, the Project would result in a less than significant cumulative GHG impact.
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City of Menifee Initial Study/Mitigated Negative Declaration Hazards and Hazardous Materials
Potentially
Significant
Potentially
Significant
Issues
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
ENVIRONMENTAL IMPACTS
Issues
No
Impact
9. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
X
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
X
c) Emit hazardous emissions or handle hazardous or acutely X hazardous materials, substances, or waste within onequarter mile of an existing or proposed school? d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the
environment?
X
e) For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
X
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
X
The following analysis is based on the Phase I Environmental Site Assessment and Shallow Soil Investigation Report prepared by Partner Engineering and Science. Both reports are included as Appendix G1 and Appendix G2 of this IS/MND, respectfully.
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
Less than Significant Impact with Mitigation Incorporated.
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City of Menifee Initial Study/Mitigated Negative Declaration Construction
The Project’s construction phase could result in the transport, use, and disposal of hazardous materials such as gasoline fuels, oils, lubricants, and greases in construction equipment and coatings. The use of these materials would not be in such quantities or stored in such a manner as to pose a significant safety hazard. Additionally, use of these materials would be temporary in nature and would cease upon completion of the Project’s construction use. The use of these materials would also be temporary and short-term or single-use in nature and would cease upon completion of the Project’s construction phase. 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.
The Project parcels were historically used for agricultural purposes. There is a potential that agricultural related chemicals such as pesticides, herbicides and fertilizers, may have been applied and stored onsite. However, no specific areas of concern related to agricultural chemical storage and use were identified and it is anticipated that shallow soils containing any residual agricultural chemicals will be either removed or mixed with fill materials and further may be placed beneath structural fill materials during grading and redevelopment activities. Existing on-site operations include storage and maintenance of mining equipment and trucks, fueling (diesel) from two aboveground storage tanks (ASTs), and subleased areas for storage containers, bins and truck trailers. The Project site also has a septic tank and utility connections. As concluded in Appendix G2, none of the analyzed soil samples contained organochlorine pesticides (OCPs) or fecal coliform in excess of applicable regulatory screening criteria and/or typical background concentrations. Additionally, none of the analyzed soil samples exceeded the background concentrations of metals
16 for typical California soils. Furthermore, Partner Engineering did not identify any recognized environmental condition (REC), controlled recognized environmental conditions (CREC), historical environmental conditions (HREC) during the Project-specific Phase I Environmental Site Assessment (ESA; Appendix G1).
Concerning environmental issues from existing operations at the Project site, hazardous waste is generated that includes primarily waste oil stored in one 500-gallon capacity AST and 55-gallon drums. Additional hazardous substances include diesel fuel (stored in two ASTs: one 7,000-gallon and one 1,000-gallon capacity tanks), fresh motor oil, DEF (diesel exhaust fluid), gear oil, hydraulic fluid, antifreeze, and other typical automotive fluids and cleaners. Liquid hazardous waste drums are situated on secondary containment basins, and the 7,000-gallon AST is situated within a concrete secondary containment structure. The smaller diesel tank is situated on a metal stand over gravel and appears to have internal secondary containment; however, that was not confirmed. No significant staining or leaks were observed by Partner Engineering around the maintenance or fueling areas. Based on visual observations and regulatory compliance information that reports no outstanding violations at this time, vehicle maintenance and fueling operations are considered an environmental issue. Due to the age of the subject property building (1964/65), there is a potential that asbestos containing materials (ACMs) are present. Overall, suspect ACMs were observed in good condition and do not pose a health and safety concern to the occupants of 16 These various metals include arsenic; barium; chromium; cobalt; copper; lead; molybdenum; nickel; silver; thallium; vanadium; and zinc.
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City of Menifee Initial Study/Mitigated Negative Declaration the subject property at this time. According to the United States Environmental Protection Agency (EPA) guidelines, suspect materials that are intact and in good condition can, in general, be managed safely in-place under an Operations and Maintenance (O&M) Program until removal is dictated by renovation, demolition, or deteriorating material condition. Prior to disturbance of the building materials within the building, an ACM survey would be conducted.
Therefore, disposal or transport of demolition materials and any graded soils from the Project site may increase the potential for the exposure of hazardous materials. Implementation of Mitigation Measure (MM) HAZ-1 would ensure proper handling of contaminated soils and substances which may be encountered. Additionally, 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 reduced to a less than significant level.
Operations
Operation of the Project would involve the use of small amounts of hazardous materials, such as industrial cleansers, greases, and oils for cleaning and maintenance purposes. The Project may also involve transport, use, and disposal of hazardous materials; the specific substances and quantities of such materials are presently unknown. The use, storage, transport, and disposal of hazardous materials would be governed by existing regulations of several agencies, including the U.S. EPA, U.S. DOT, California OSHA, and the Riverside County Fire Protection District. Compliance with applicable laws and regulations governing the use, storage, transportation, and disposal of 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. Additionally, the Project would also be operated with strict adherence to all emergency response plan requirements set forth by the Riverside County Fire Protection 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 public 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.
Mitigation Measures:
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 Developer shall retain a qualified environmental professional to prepare a SMP that details 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 September 2024 Page 100
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City of Menifee Initial Study/Mitigated Negative Declaration 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 proposed activities; 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 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 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. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Less than Significant with Mitigation Incorporated.
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City of Menifee Initial Study/Mitigated Negative Declaration Construction
The construction of the Project 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 because of the exposure of contaminated soil during grading activities. As previously discussed in Impact Threshold a) above, no REC, CREC, and HREC were identified during the Project site’s Phase I ESA. Furthermore, the Project site itself is not on the Department of Toxic Substances Control (DTSC)’s EnviroStor (Cortese list)
17. However, the
Phase I ESA identified one 500-gallon capacity AST and 55-gallon drums. Additional hazardous substances included diesel fuel (stored in two ASTs: one 7,000-gallon and one 1,000-gallon capacity tanks), fresh motor oil, DEF, gear oil, hydraulic fluid, antifreeze, and other typical automotive fluids and cleaners. Partner Engineering concluded that no significant staining or leaks were observed around the maintenance or fueling areas. However, based on visual observations and regulatory compliance information that reports no outstanding violations at this time, vehicle maintenance and fueling operations are considered an environmental issue. Additionally, the Phase I ESA concluded the present of ACMs in the existing property building. ACMs would be managed safely in-place under an O&M Program until removal is dictated by renovation, demolition, or deteriorating material condition. Prior to disturbance of the building materials within the building, an ACM survey would be conducted. Consequently, demolition of existing structure and equipment and removal of graded soil throughout the site could potentially release some of the hazardous materials found on the site. Therefore, implementation of MM HAZ-1 and compliance with all applicable federal, state, and regional regulations would ensure that impacts concerning the reasonably foreseeable upset and accidental conditions involving the release of hazardous materials into the environment would be mitigated to a less than significant level during the Project’s construction phase.
Operations
Operation of the Project site would involve typical hazardous materials and chemicals such as solvents and cleaning products associated with operation of an industrial/warehouse type use. As discussed in Impact Threshold a) above, any routine transport, use, and disposal of these materials during warehouse operations must adhere to federal, state, and local regulations for transport, handling, storage, and disposal of hazardous substances. Pursuant to California Health and Safety Code, Division 10, Chapter 6.95 and California Code of Regulations, Title 19, Division 5, Chapter 1, Article 3, the Project Applicant would be required to prepare a Hazardous Materials Business Plan (HMBP) that shows conformance with all applicable hazardous materials handling protocols prior to Project approval (refer to COA-HAZ-1 below). Adherence to these regulations is overseen and enforced by the Riverside County Department of Environmental Health Hazardous Materials Division. The Certified Unified Program Agency (CUPA) program provided by the County is designed 17 DTSC. (2024). Hazardous Waste and Substances Site List. Retrieved at:https://www.envirostor.dtsc.ca.gov/public/search.asp?PAGE=2&CMD=search&ocieerp=&business_name=&main_street_number=&main _street_name=&city=&zip=&county=&branch=&status=ACT%2CBKLG%2CCOM&site_type=CSITES%2CFUDS&cleanup_type=&npl=&funding= &reporttype=CORTESE&reporttitle=HAZARDOUS+WASTE+AND+SUBSTANCES+SITE+LIST+%28CORTESE%29&federal_superfund=&state_resp onse=&voluntary_cleanup=&school_cleanup=&operating=&post_closure=&non_operating=&corrective_action=&tiered_permit=&evaluatio n=&spec_prog=&national_priority_list=&senate=&congress=&assembly=&critical_pol=&business_type=&case_type=&display_results=&sch ool_district=&pub=&hwmp=False&permitted=&pc_permitted=&inspections=&inspectionsother=&complaints=&censustract=&cesdecile=&O RDERBY=city&next=Next+50 (accessed April 2024).
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City of Menifee Initial Study/Mitigated Negative Declaration 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, operation of 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.
Standard Conditions of Approval
COA-HAZ-1 The Project Applicant shall prepare a Hazardous Materials Business Plan (HMBP) and submit the HMBP to the Riverside County Department of Environmental Health Hazardous Materials Division. The Project Applicant will be required to inform the City of Menifee of the certification of the Project-specific HMBP, prior to Project Approval. The HMBP shall contain detailed information that includes the following:
•
•
An inventory of hazardous materials at a facility.
Emergency response plans and procedures to be followed in the event of a reportable release or threatened release of a hazardous material. •
•
Requirements to train employees in safety procedures in the event of a release or threatened release of a hazardous material, including onboarding for new employees and annual refresher courses for existing employees.
A site map that depicts north orientation, loading areas, internal roads, adjacent streets, storm and sewer drains, access and exit points, emergency shutoffs, evacuation staging areas, hazardous material handling and storage areas, and emergency response equipment.
Mitigation Measures:
MM HAZ-1 would apply. See Impact Threshold a) above.
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Less than Significant Impact. Construction of the Project would involve the transport, use, and disposal of hazardous materials on-site and off-site, which include fuels, paints, mechanical fluids, and solvents, but would not be present in such a quantity or used in such a manner that would pose a significant hazard to nearby schools. The nearest operating school to the Project site is more than one-quarter mile to the northeast. Romoland Elementary School is located at 25890 Antelope Road, Menifee, CA 92585. However, as concluded in Impact threshold a) above, 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 applicable federal, state, regional, September 2024 Page 103
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City of Menifee Initial Study/Mitigated Negative Declaration and local regulations would ensure Project construction 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. Additionally, 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 and a less than significant impact would occur.
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
No Impact. The Project site is not included on the list of hazardous waste sites (Cortese List) compiled by the DTSC pursuant to Government Code Section 65962.5.12. 18 Additionally, there are
no properties within or near the Project site where a known release has occurred. Therefore, no impact would occur.
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? Less than Significant Impact. Portions of the City are in the airport influence area (AIA) boundaries of the March Air Reserve Base (MARB) and the Perris Valley Airport governed by the Riverside County Airport Land Use Commission (RCALUC). The basic function of airport land use compatibility plans is to promote compatibility between airports and the land uses that surround them. A portion of the Perris Valley Airport AIA is located within northwestern part of the City. Part of the City is in Airport Compatibility Zone E in the Airport Land Use Plan for Perris Valley Airport issued by the RCALUC. Affected land uses within the AIA would be Economic Development Corridor (EDC) land uses, and residential land uses. The Project site is not within a compatibility zone of the Perris Valley Airport.
19 The Project site is located within Compatibility Zone E and Zone D of the MARB. 20 Within
Compatibility Zone E of the AIA, residential density and non-residential intensity are not restricted. 18 DTSC. (2024). Hazardous Waste and Substances Site List. Retrieved at:https://www.envirostor.dtsc.ca.gov/public/search.asp?PAGE=2&CMD=search&ocieerp=&business_name=&main_street_number=&main _street_name=&city=&zip=&county=&branch=&status=ACT%2CBKLG%2CCOM&site_type=CSITES%2CFUDS&cleanup_type=&npl=&funding= &reporttype=CORTESE&reporttitle=HAZARDOUS+WASTE+AND+SUBSTANCES+SITE+LIST+%28CORTESE%29&federal_superfund=&state_resp onse=&voluntary_cleanup=&school_cleanup=&operating=&post_closure=&non_operating=&corrective_action=&tiered_permit=&evaluatio n=&spec_prog=&national_priority_list=&senate=&congress=&assembly=&critical_pol=&business_type=&case_type=&display_results=&sch ool_district=&pub=&hwmp=False&permitted=&pc_permitted=&inspections=&inspectionsother=&complaints=&censustract=&cesdecile=&O RDERBY=city&next=Next+50 (accessed April 2024).
19 City of Menifee. (2010) General Plan Exhibit LU-5c, Perris Valley Airport Land Use Compatibility Map – Map PV-1. Available at:
https://cityofmenifee.us/DocumentCenter/View/6010/COM---GP-Exhibit-LU-5a-c?bidId= (accessed April 2024). 20 City of Menifee. (2014) General Plan Exhibit LU-5b, March Air Reserve Base Land Use Compatibility Map. Available at:
https://cityofmenifee.us/DocumentCenter/View/6010/COM---GP-Exhibit-LU-5a-c?bidId= (accessed April 2024).
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City of Menifee Initial Study/Mitigated Negative Declaration 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.
The Project would be in accordance with the Compatibility Zone E regulations, and all state, county, and local goals, policies, and regulations.
Since the Project site is within Zones D & E, and three legislative actions (I.e., GPA, SPA, and Rezone) are proposed, the Project requires RCALUC review and approval. The RCALUC sent the City a Letter of “ALUC Development Review” and noted that the Project would be consistent with the 2014 March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan and would be subject to design standards for outdoor lighting, landscaping and detention basins. The Project would also be subject to COA-HAZ-2, which requires a notice sign that would be permanently affixed to the stormwater basin. Furthermore, Since the Project is partially located within Zone D, the Project is also subject to COA-HAZ-3 and COA-HAZ-4, as noted below. Therefore, impacts would be less than significant with adherence to COA-HAZ-2 through COA-HAZ-4.
Standard Conditions of Approval
COA-HAZ-2 A notice sign, in a form similar to that attached hereto, shall be permanently affixed to the stormwater basin with the following language:
a) There is an airport nearby. This stormwater basin is designed to hold stormwater for only 48 hours and not attract birds. Proper maintenance is necessary to avoid bird strikes”.
The sign will also include the name, telephone number or other contact information of the person or entity responsible to monitor the stormwater basin.
COA-HAZ-3 The below notice shall be provided to all prospective purchasers of the property and tenants of the building and shall be recorded as a deed notice. a) NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example:
noise, vibration, or odors). Individual sensitivities to those annoyances [can vary from person to person. You may wish to consider what airport annoyances], if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. Business & Professions Code Section 11010 (b)(13)(A).
COA-HAZ-4 March Air Reserve Base must be notified of any land use having an electromagnetic radiation component to assess whether a potential conflict with Air Base radio communications could result. Sources of electromagnetic radiation include radio wave transmission in conjunction with remote equipment inclusive of irrigation controllers, access gates, etc.
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City of Menifee Initial Study/Mitigated Negative Declaration f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
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 deal with emergency situations. No revisions to the adopted Emergency Operations Plan would be required as a result of the Project. 21 Additionally, as shown in Menifee GP Safety Element Exhibit S-9, the Project site is not located along a City evacuation route and therefore, Project construction and operations would not obstruct evacuation. The Project proposes improvements to nearby roadways at the Project that would further improve the City’s accessibility through the widening of roads, development of dedicated turn lanes, and other necessary improvements.
Roadway improvements are further discussed in Section 4.17, Transportation of this IS/MND.
Furthermore, response times from the Riverside County Fire Department Station 7 and 54 would not be impaired by Project implementation since primary access would be provided through the improvement of Sherman Road. Additionally, the improvement of Sherman Road would improve future response times in this area, s this road is currently unimproved. The City would also require the Project to pay development impact fees (DIF) which constitutes as adequate mitigation because through implementation of the DIF program, the City collects DIF from development projects and is mandated to use the DIF funds to construct new fire and emergency service facilities. In addition, the Project’s fire safety and fire suppression features, and the Project’s compliance with all required design regulations, would further minimize the demand for fire protection and emergency public services impacts. Refer to Section 4.15, Public Services of this IS/MND.
Primary access to all major roads would be maintained during construction of the Project, as discussed further in Section 15, Public Services of this IS/MND.
Since 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.
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
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. 22 According to
the Menifee GP Exhibit S-8, Very High Fire Hazard Severity Zones and Public Facilities, neither the California Department of Forestry and Fire Protection (CAL FIRE) nor the City identify the Project 21 City of Menifee. (2021). Emergency Operations Plan. Retrieved from: https://cityofmenifee.us/DocumentCenter/View/12396/EmergencyOperations-Plan-EOP?bidId= (accessed July 2024). 22 CAL FIRE. (2024). FHSZ Viewer. Available at: https://osfm.fire.ca.gov/what-we-do/community-wildfire-preparedness-and-mitigation/firehazard-severity-zones (accessed April 2024).
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City of Menifee Initial Study/Mitigated Negative Declaration site within an area susceptible to wildland fires.
23 Therefore, the Project would not expose people
or structures, either directly or indirectly, to a significant risk of loss, injury or death due to wildland fires and no impact would occur.
Cumulative Impacts
The Project’s impacts associated with hazards and hazardous materials are anticipated to be less than significant with adherence to federal, State, and local regulations and standards. Cumulative development would also be required to comply with applicable laws and regulations perform (as necessary) site specific environmental site assessments to reduce impacts related to the use, transport, or disposal of hazardous materials. Therefore, the Project would not result in cumulatively considerable impacts to or from hazards or hazardous materials.
23 City of Menifee. (2021). General Plan Safety Element Exhibit S-8 Very High Fire Hazard Severity Zones and Public Facilities. Retrieved from:
https://www.cityofmenifee.us/DocumentCenter/View/14710/2_Safety_Exhibits_8-5_2021-8---Very-High-Fire-Hazard-Severity-Zoones-andPublic-Facilities (accessed April 2024).
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City of Menifee Initial Study/Mitigated Negative Declaration Hydrology and Water Quality
Potentially
Significant
Potentially
Significant
Issues
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
ENVIRONMENTAL IMPACTS
Issues
No
Impact
10. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
X
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the
project may impede sustainable groundwater
management of the basin?
X
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
X
i) Result in substantial erosion or siltation on- or offsite?X ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding onor offsite? X
iii) Create or contribute runoff water which would X
exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
additional sources of polluted runoff?
iv) Impede or redirect flood flows? X
X
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
X
e) Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?
A Preliminary WQMP and Preliminary Hydrology Report were prepared for the Project by Huitt-Zollars, Inc. These studies are included as Appendix H1 and Appendix H2 of this IS/MND, respectfully. a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Less than Significant Impact with Mitigation Incorporated.
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City of Menifee Initial Study/Mitigated Negative Declaration Construction
The Project’s construction and ground disturbance activities could impact water quality due to sheet erosion of exposed soils, and subsequent deposition of sediment or pollutants entering nearby drainages. For example, grading activities lead to exposed areas of loose soil sediment stockpiles that are prone to uncontrolled sheet flow. Additionally, occupants of the Project could store fuels, lubricants, and solid and liquid wastes which are generally used during construction activities. Although erosion occurs naturally, primarily from rainy or windy conditions, improperly managed construction activities and vehicle maintenance can lead to substantially accelerated rates of erosion in the form of stormwater that could substantially degrade surface or groundwater quality.
Accordingly, the Project would comply with the National Pollutant Discharge Elimination System (NPDES) Construction General Permit, the Menifee GP Policies pertaining water quality 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-stormwater runoff from the Project site.
BMPs are designed to control and prevent discharges of pollutants that can adversely impact the downstream surface water quality. Construction activities are also required to comply with the City’s Stormwater/Urban Runoff Ordinance,
24 the City’s Grading Ordinance,25 and other required
regulations. With the implementation of BMPs as described in the SWPPP (see MM HYD-1), the Project is not anticipated to violate water quality standards during construction. Therefore, impacts would be considered less than significant with mitigation incorporated.
Project runoff would be directed to the on-site underground detention basin and pump system, that is sized for WQMP and hydrologic condition of concern (HCOC) mitigation, located along the east property line. Site runoff from the south half of the site, including the building roof, truck court, drive aisles and parking lots, would be collected by catch basins. The collected runoff would then be conveyed through the proposed on-site storm drain Line A and discharged to the underground detention basin/pump system. Site runoff from the north half of the site, including the building roof, truck court, drive aisles and parking lots, would be collected by catch basins. The collected runoff would then be conveyed through the proposed on-site storm drain Line B and discharge to the detention basin/pump system.
The design capture volume of runoff and mitigated volume for HCOC would be pumped to a treatment device through storm drain Line C located at the southwest corner and would discharge to the outlet through the property to the south. Any storm greater than the 2-year 24-hour storm will top the weir in the diversion structure and outlet into the proposed Storm Drain outlet being proposed on the project to the west. The runoff will convey west to Trumble Road and then south on Trumble Road to the existing RCFC Romoland channel Line A just north of Mclaughlin Road.
Therefore, as concluded in Appendix H2, the proposed on-site drainage and storm drain facilities 24 City of Menifee. (2023). Menifee MC Chapter 15.01, Stormwater/Urban Runoff Ordinance. Retrieved from:
https://codelibrary.amlegal.com/codes/menifee/latest/menifee_ca/0-0-0-2967 (accessed January 2024). 25 City of Menifee. (2019). Menifee MC Chapter 8.26 Grading Regulations. Retrieved from:
https://www.cityofmenifee.us/DocumentCenter/View/9236/Final-Grading-Ordinance?bidId= (accessed on January 2024).
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City of Menifee Initial Study/Mitigated Negative Declaration will be sized adequately for 100-year storm event. Additional calculations, including on-site storm drain hydraulics and catch basin sizing in addition to any other storm event models will be provided in the final drainage report.
Additionally, the Project’s construction activities are also required to comply with the City’s Stormwater/ Urban Runoff Ordinance, the City’s Grading Ordinance, and other required regulations. With the implementation of BMPs as described in the SWPPP (see MM HYD-1), the Project is not anticipated to violate water quality standards during construction. Furthermore, the Project Applicant will prepare a final Project-Specific WQMP with an operations and maintenance (O&M) Plan which would identify Project BMPs pursuant to MM HYD-2. Therefore, impacts would be reduced to a less than significant level.
Operations
Typical stormwater water-related pollutants of concern for warehousing development includes but is not limited to pesticides and herbicides uses for landscaping; trash/debris from trash enclosures and break areas; and fluids from motor vehicles spilled onto paved areas. Accordingly, the Project would be designed with an extensive drainage plan which includes ribbon gutters, subsurface storm drains, curb cuts, u-channels, and detention basins. The basins are designed to weaken the flow of post-development runoff to pre-development conditions, and have been designed to treat runoff for pollutants, pursuant to SWRCB regulations. Additionally, the Project would comply with the NPDES Municipal Permit, the Menifee GP, and the DAMP, which require implementation of post-construction BMPs in accordance with the Water Quality Control Plan for the Santa Ana River Basin. In addition, the Santa Ana MS4 Permit requires the preparation of a project-specific WQMP for all development projects and, as such, a project-specific WQMP has been prepared for the Project. The Project-Specific WQMP (see Appendix H1) 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 MM HYD-2.
The WQMP would comply with the requirements set in Menifee MC 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. Therefore, impacts would be less than significant with mitigation incorporated.
Mitigation Measures:
MM HYD-1 Prior to commencing grading, the Project Applicant shall comply with applicable construction water quality regulations including the NPDES General Construction Permit, which shall be obtained from the Regional Water Quality Control Board.
This process requires that the applicant electronically submit Permit Registration Documents (PRDs) prior to commencement of construction activities in the Storm Water Multiple Application and Report Tracking System (SMARTS). PRDs consist of the NOI, Risk Assessment, Post-Construction Calculations, a Site Map, the SWPPP, a signed certification statement by the Legally Responsible Person, and the first annual fee.
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City of Menifee Initial Study/Mitigated Negative Declaration The required Stormwater Pollution Prevention Plan (SWPPP) must be submitted to the City of Menifee Engineering Department for review and approval, identifying specific actions and Best Management Practices (BMPs) to prevent stormwater pollution during construction activities. The SWPPP shall identify a practical sequence for BMP implementation, site restoration, contingency measures, responsible parties, and agency contacts. The SWPPP shall include but not be limited to the following elements:
A. Compliance with the requirements of the State of California’s most current Construction Stormwater Permit.
B. Temporary erosion control measures shall be implemented on all disturbed areas.
C. Disturbed surfaces shall be treated with erosion control measures during the October 15 to April 15 rainy season.
D. Sediment shall be retained on-site by a system of sediment basins, traps, or other BMPs.
E. The construction contractor shall prepare Standard Operating Procedures for the handling of hazardous materials on the construction site to eliminate discharge of materials to storm drains.
F. BMP performance and effectiveness shall be determined either by visual means where applicable (e.g., observation of above-normal sediment release), or by actual water sampling in cases where verification of contaminant reduction or elimination (such as inadvertent petroleum release) is required by the Santa Ana RWQCB to determine adequacy of the measure.
G. In the event of significant construction delays or delays in final landscape installation, native grasses or other appropriate vegetative cover shall be established on the construction site as soon as possible after disturbance, as an interim erosion control measure throughout the duration of construction.
H. Prior to the issuance of the first grading permit, the Project Applicant shall submit all applicable engineering plans that includes the water quality BMPs for approval by the City of Menifee Engineer. The City of Menifee Engineer shall ensure that all applicable water quality standards are met before approving the SWPPP.
MM HYD-2 The Project Applicant shall prepare a Final Project-Specific Water Quality Management Plan (WQMP) with O&M Plan for submittal together with the associated grading and improvement plans which shall be approved prior to the issuance of a building or grading permit. These documents shall be prepared in accordance with applicable City (Menifee) and County (Riverside) water quality requirements, for review and approval by the City of Menifee Engineering Department, including the following:
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City of Menifee Initial Study/Mitigated Negative Declaration • Site Design BMPs
• Source Control BMPs
• Treatment Control BMPs
• BMP Sizing
• Equivalent Treatment Control Alternatives
• Regionally-Based Treatment Control BMPs
• Q&M Responsibility for Treatment Control BMPs
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
Less than Significant Impact.
The Project site overlies the San Jacinto Groundwater Basin and within the service area of Eastern Municipal Water District (EMWD). The Project would construct on-site and off-site potable water and recycled water systems in accordance with EMWD design standards to receive water services from EWMD. Thus, the Project would utilize potable and recycled water and would not use any onsite or off-site groundwater wells, nor any other groundwater extractive methods to service the Project. A Water and Sewer Service Will-service letter (refer to Appendix K) stated that EMWD is willingly to provide water and sewer services to the Project site. The Project proposes domestic and fire water extensions from the existing recycled water line and 12-inch water lines located on Sherman Road right-of-way. Accordingly, implementation of the Project in this regard would not substantially deplete or decrease groundwater supplies or directly impact groundwater supplies.
Impacts would be less than significant.
As further discussed in Section 4.19, Utilities and Systems, considering current as well as Project water demand through the year 2045 in both normal, and single, and multiple dry year scenarios, EMWD has ability to meet all of its member agencies’, including the Project’s projected supplemental demand through 2045, even under a repeat of historic multiple-year drought scenarios. EMWD plans to supply new water demands in its service area, including the Project, through a combination of additional imported water purchases from MWD and the ongoing development of EMWD’s local supply resources.
While construction activities would introduce new impermeable surfaces to the Project site, the Project would include elements to reduce the effects of the new impervious areas pursuant to design measures in the SWPPP and 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.
More specifically, as concluded in the preliminary WQMP (Appendix H1), the site’s drainage design has incorporated a bio-retention basin located on the west side of the Project site. All site drainage September 2024 Page 112
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City of Menifee Initial Study/Mitigated Negative Declaration would be conveyed to the bio-retention area where the runoff will be allowed to pass through a filter media, stone section, and through perforated a pipe network beneath the basin footprint which would ultimately convey the runoff out to the proposed public storm drain system located on Dawson Road 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 rechargewould maintain pre-project conditions. Impacts would be less than significant. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i) Result in substantial erosion or siltation on- or off-site? Less than Significant Impact with Mitigation Incorporated. The Project site is developed with an existing operating sand and gravel supply company, which includes an office building, located in the northeastern corner of the site. Runoff from the existing site sheet flows across the property and conveys west to Trumble Road and then south onto Tumble Road towards an inlet near the existing channel due to lack of manmade infrastructure. As noted in the Preliminary Hydrology Report, the Project’s runoff would be directed to the on-site underground detention basin and pump system, that is sized for WQMP and hydrologic condition of concern (HCOC) mitigation, located along the east property line. Project site runoff from the southern half of the site, including the building roof, truck court, drive aisles and parking lots, would be collected by catch basins. The collected runoff would then be conveyed through the proposed on-site storm drain Line A and discharged to the underground detention basin/pump system. Site runoff from the north half of the site, including the building roof, truck court, drive aisles and parking lots, would be collected by catch basins. The collected runoff would then be conveyed through the proposed on-site storm drain Line B and discharge to the detention basin/pump system.
Therefore, development of the Project would alter the existing drainage pattern site; however, the Project would preserve the existing drainage pattern to the west. Additionally, per the Preliminary Hydrology Report, alterations to the existing drainage pattern would be required to be to adequately size on-site drainage and storm drain facilities for 100-year 1-hour storm and 2-year 24-hour storm events.
As discussed in Section 4.7, Geology and Soils, through excavation, site stripping, removal of the fill material, grading preparation, and demolition, the development of the Project could result in soil erosion if exposed to periods of high wind or storm-related events. General dust control measures such as watering would be required to minimize erosion. Construction contractors would also be required to prepare a dust control plan in compliance with South Coast Air Quality Management District (SCAQMD) Rule 403 to further reduce soil erosion from wind. Furthermore, the Project would be subject to site-specific BMPs included in the WQMP and BMPs which would further minimize potential impacts from erosion and siltation (see MMs HYD-1 and HYD-2 above).
Thus, with implementation of BMPs included and NPDES, SWPPP, and WQMP, the Project will not substantially alter the existing drainage pattern of the site in a manner which would result in September 2024 Page 113
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City of Menifee Initial Study/Mitigated Negative Declaration substantial erosion or siltation and impacts in this regard would be less than significant with mitigation incorporated.
Mitigation Measures:
See MMs HYD-1 and HYD-2 above.
ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite?
iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?
Less than Significant Impact with Mitigation Incorporated. As shown in Exhibit 14, FEMA National Flood Hazard Layer FIRMette, the Project is predominately within a Flood Boundary identified as Zone X: 0.2 percent annual chance flood hazard. A small portion of the southern Project site is identified as Zone X: Area of Minimal Flood Hazard. Implementation of the Project would introduce impervious surfaces on the site; therefore, increasing the amount and rate of surface runoff which could lead to flooding. As mentioned in the previous impacts, the Project Applicant prepared the Preliminary Hydrology Report that determined that the Project’s proposed drainage system would be designed and sized adequately for 100-year storm and 2-year 24-hour storm events.
Development of the Project would introduce more impervious surfaces on the site; therefore, increasing the amount and rate of surface runoff. To address this concern, the Project Applicant prepared a Preliminary Hydrology Study (Appendix H2) based on Riverside County Flood Control and Water Conservation District (RCFCWCD)’s Hydrology Manual criteria.
The Project’s proposed drainage system includes on-site detentions basins and bio-retention basins, combined with a comprehensive on-site and off-site storm drainage system. These drainage design improvements are included in the Project design plans. 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 RCFCWCD, 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, resulting in impacts to surface runoff being less than significant with mitigation incorporated. The proposed drainage system design also includes off-site improvements at Sherman Road (analyzed as part of the previously approved Menifee Commerce Center project and analyzed as part of that EIR). Should the previously approved Menifee Commerce Center project not be developed prior to the proposed Project, the proposed Project is conditioned to develop these improvements prior to construction. Lastly, design features pursuant to the BMPs in the WQMP and SWPPP would be implemented to collect any excess runoff that may flow through the site (refer to MMs HYD-1 and HYD-2).
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City of Menifee Initial Study/Mitigated Negative Declaration With proposed infrastructure improvements and implementation MMs HYD-1 through HYD-3, the Project would not cause additional flooding, exceed the capacity of existing drainage facilities, or impede or redirect flood flows such that on-site or off-site areas are significantly impacted.
Mitigation Measures:
See MMs HYD-1 and HYD-2 above.
MM HYD-3 Prior to issuance of grading permits, grading plans, and final drainage study shall demonstrate compliance with applicable City and County drainage plans, policies, design guidelines and regulations including but not limited to City of Menifee Municipal Code Chapter 8.26 Grading Regulations.
iv) Impede or redirect flood flows?
Less than Significant Impact. As shown in Exhibit 14, the Project is predominately within a Flood Boundary identified as Zone X 0.2 percent annual chance flood hazard, while small portion of the southern Project site is identified as Zone X Area of Minimal Flood Hazard. The Project would develop the Project site with industrial uses and associated infrastructure that would cause changes drainage patterns, and the rate and amount of surface water runoff that could impede or redirect flood flows. However, as concluded above, the Project’s on-site and off-site flows would be collected by a system of catch basins located on- and off-site which would convey runoff to proposed on-site storm drains Line A and B and discharged to the proposed underground detention basin/pump system. The captured stormwater will be pumped to a treatment device through storm drain Line C located at the southwest corner and will discharge to the outlet through the property to the south. Any storm greater than the 2-year 24-hour storm will top the weir in the diversion structure and outlet into the proposed Storm Drain outlet being proposed on the project to the west. The runoff will convey west to Trumble Road and then south on Trumble Road to the existing RCFC Romo Land channel line A just north of Mclaughlin Road.
Therefore, with implementation of efficient design measures (MM HYD-3) and applicable BMPs pursuant the Project’s WQMP and SWPPP (MMs HYD-1 and HYD-2), the Project would not substantially impede or redirect flood flows, and no on-site flooding would occur.
Mitigation Measures:
See MMs HYD-1 through HYD-3 above.
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
Less than Significant Impact with Mitigation Incorporated. The Project is inland and is not at risk for inundation from a tsunami since the Project site more than 30 miles from the Pacific Ocean.
The Project site is not within a seiche zone but is subject to inundation due to dam failure from the Diamond Valley Lake East Dam. Furthermore, as discussed above, 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 portion of the southern Project site is identified as Zone X Area of Minimal Flood Hazard.
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City of Menifee Initial Study/Mitigated Negative Declaration Although the Project could risk the release of pollutants due to inundation from the Diamond Valley Lake East Dam and flooding, BMPs have been incorporated into the Project’s site design to fully address these issues. As noted in the Preliminary Drainage Report, with the implementation of the proposed on- and off-site drainage improvements, runoff would be conveyed to the corresponding detention basins which would be designed and sized to 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’s WQMP and SWPPP (MMs HYD-1 and HYD-2), that includes, but is not limited to, the pretreatment of runoff through the proposed bioretention basin. Lastly, the Project Applicant shall 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 (MM HYD-3). Therefore, the Project ‘s impacts regarding the risk of pollutants due to inundation would be reduced to less than significant levels.
Mitigation Measures:
See MMs HYD-1 through HYD-3 above.
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Less than Significant Impact. For groundwater management plan and reporting purposes, the San Jacinto Groundwater Basin is further separated into the Hemet/San Jacinto Management Plan Area, where the San Jacinto Fault Zone strongly influences the groundwater hydrology and is adjudicated under the Hemet-San Jacinto Watermaster, and the West San Jacinto Management Plan Area (submitted to the DWR on January 31, 2022), for which EMWD is the designated Groundwater Sustainability Agency (GSA). As discussed in the previous impact analyses, the Project’s components would not 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 conflict with the Hemet/San Jacinto Groundwater Management Plan or the West Jacinto Groundwater Basin Management Plan. Therefore, a less than significant impact would occur.
Cumulative Impacts
Potential impacts related to hydrology and water quality are typically site-specific. As concluded above, the Project’s hydrology and water quality-related impacts would be less than significant with compliance with all applicable State, and local regulations and standards, including preparation and implementation of MMs HYD-1 through HYD-3. As a result, no cumulative impacts would occur.
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City of Menifee Initial Study/Mitigated Negative Declaration Land Use and Planning
Potentially
Significant
Potentially
Significant
Issues
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
ENVIRONMENTAL IMPACTS
Issues
No
Impact
11. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community? X
b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental
effect?
X
a) Physically divide an established community?
No Impact. A Project involves the development of 264,710 sq. ft. of warehouse space within an
11.4-acre site, with associated facilities and infrastructure improvements. The Project would occupy an area to be fully designated/classified as Menifee North SP (industrial), upon approval of the proposed GPA, ZC, and SPA. More specifically, the Project is in PA 2 of the Menifee North SP which is designated for industrial usage. The surrounding land uses to the Project site include an industrial building to north; non-conforming single-family residences, vacant lots, and Trumble Road to the west; a vacant lot to the south; and Sherman Road and vacant land to the east.
Although the Project is located near residential homes, the single-family residences to the west are not part of an established community and are classified as non-conforming uses since residential uses are not allowed with the HI land use designation and zoning. Lastly, the Project would not involve the removal of vital roadways or points of connection for residents. Therefore, development of the Project would not divide an established community and no impact would occur.
b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Less than Significant Impact. The Project’s current land use designations, depicted by the Menifee GP Land Use Map, are HI and Menifee North SP.26 The City’s Zoning Map indicates the Project site is designated as HI and Menifee North SP.27 The Project Applicant proposes industrial uses which are permitted within the HI and Menifee North SP land use designation and zoning classification.
The Project Applicant proposes a GPA, ZC, and SPA that would redesignate the portion of the Project under the HI land use designation and zoning classification as Menifee North SP. Upon approval of the proposed entitlements, the Project would be designed in conformance with applicable Menifee North SP design standards and guidelines. Additionally, given that the Menifee GP and Menifee North SP Planning Area 2 considered the potential environmental impacts 26 City of Menifee. (2023). General Plan – Land Use Map. Retrieved from: https://cityofmenifee.us/DocumentCenter/View/11043/GeneralPlan--Land-Use-Map---March-2023 (accessed March 2024). 27 City of Menifee. (2023). Zoning Map. Retrieved from: https://cityofmenifee.us/DocumentCenter/View/11042/Zoning-Map---March-2023 (accessed March 2024)
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City of Menifee Initial Study/Mitigated Negative Declaration associated with industrial uses, the Project would not create any new or greater environmental impacts than those identified in the Menifee GP EIR and Menifee North SP.
Cumulative Impacts
Land use impacts would not be cumulatively considerable if the Project, in conjunction with other past, present, reasonably foreseeable future projects, would be designed or otherwise conditioned to maintain consistency with adopted land use plans and ordinances or be amended with the appropriate mitigation and conditions of approval. As concluded above, the Project would neither physically divide an established community nor inhibit future development since the Project would serve to improve the general Project area are consistent with the City’s General Plan land use designations. As a result, the Project would result in a less than significant cumulative impact associated with land use and planning.
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City of Menifee Initial Study/Mitigated Negative Declaration Mineral Resources
Potentially
Significant
Potentially
Significant
Issues
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
ENVIRONMENTAL IMPACTS
Issues
No
Impact
12. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the
residents of the state?
X
b) Result in the loss of availability of a locally-important X mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
No Impact. The Surface Mining and Reclamation Act of 1975 (SMARA) requires classification of land into mineral resource zones (MRZs) according to the known or inferred mineral potential of the area. Under SMARA, areas are categorized into MRZs as follows:
MRZ-1:
MRZ-2:
MRZ-3:
Areas where available geologic information indicates that little likelihood exists for the presence of significant mineral resources.
Areas where geologic data indicate that significant PCC-Grade aggregate resources are present.
Areas containing known or inferred mineral occurrences of undetermined mineral resource significance.
According to the Menifee GP Exhibit OSC-3 Mineral Resource Zones, 28 the Project site is classified
as “Urban Area,” which means that there is no MRZ associated with this area. 29 Additionally, the
Project would be within an area of the City that is currently disturbed and partially developed.
Lastly, the existing uses on site do not include mineral refinement or mining. Thus, development of the Project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state, and no impact would occur. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. As stated above, the Project would be within an area of the City that is currently disturbed and partially developed. Additionally, existing uses on the site do not include mineral refinement or mining. Lastly, review of the Department of Conservation’s Mines Online Mapper 28 City of Menifee. (2013). Menifee GP Exhibit OSC-3: Mineral Resource Zone: Retrieved from:
https://www.cityofmenifee.us/DocumentCenter/View/1084/ExhibitOSC-3_Mineral_Resource_Zones_HD0913?bidId= (accessed January 2024).
29 City of Menifee. (2013). Menifee GP Open Space and Conservation Element. Pg. 7. Available at:
https://www.cityofmenifee.us/DocumentCenter/View/1081/3_OSC_Background-Document_HD_0913?bidId= (accessed January 2024).
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City of Menifee Initial Study/Mitigated Negative Declaration did not identify active mining sites within the City, including the Project site. Therefore, development of the Project would not result in the loss of availability of a locally important mineral resource recovery site delineated on the City’s general plan, specific plan or other land use plan.
No Impact would occur.
Cumulative Impacts
As concluded above, the Project would not have an impact since the Project site does not contain any mineral resources and would not have any impact due to the removal or loss of availability of these resources. As such, the Project would not result in a significant cumulative impact associated with mineral resources.
September 2024 Page 121
Item Title: 11.1 Ethanac Business Park
Item Page Number: 154
Menifee Mayor and City Council November 20, 2024 Page 675 of 2294 Ethanac Business Park
City of Menifee Initial Study/Mitigated Negative Declaration Noise
Potentially
Significant
Potentially
Significant
Issues
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
ENVIRONMENTAL IMPACTS
Issues
No
Impact
13. NOISE. Would the project result in:
a) 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?
X
b) Generation of excessive groundborne vibration or
groundborne noise levels?
X
c) For a project located within the vicinity of a private X airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people
residing or working in the project area to excessive noise levels?
A Noise and Vibration Analysis was prepared by Urban Crossroads in August 2024. The Noise calculations are included in this IS/MND as Appendix I, and the results are summarized herein.
Fundamentals
Noise is simply defined as unwanted sound. Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm or when it has adverse effects on health. Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB). A-weighted decibels (dBA) approximate the subjective response of the human ear to broad frequency noise source by discriminating against very low and very high frequencies of the audible spectrum. They are adjusted to reflect only those frequencies which are audible to the human ear.
Range of Noise
Since the range of intensities that the human ear can detect is so large, the scale frequently used to measure intensity is a scale based on multiples of 10, the logarithmic scale. The scale for measuring intensity is the decibel scale. Each interval of 10 decibels indicates a sound energy ten times greater than before, which is perceived by the human ear as being roughly twice as loud. (2) The most common sounds vary between 40 dBA (very quiet) to 100 dBA (very loud). Normal conversation at three feet is roughly at 60 dBA, while loud jet engine noises equate to 110 dBA at approximately 1,000 feet, which can cause serious discomfort. Another important aspect of noise is the duration of the sound and the way it is described and distributed in time.
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City of Menifee Initial Study/Mitigated Negative Declaration Noise Descriptors
Environmental noise descriptors are generally based on averages, rather than instantaneous, noise levels.
The most used metric is the equivalent level (Leq). Equivalent sound levels are not measured directly but are calculated from sound pressure levels typically measured in A-weighted decibels (dBA). The equivalent sound level (Leq) represents a steady state sound level containing the same total energy as a time varying signal over a given sample period and is commonly used to describe the “average” noise levels within the environment.
Peak hour or average noise levels, while useful, do not completely describe a given noise environment.
Noise levels lower than peak hour may be disturbing if they occur during times when quiet is most desirable, namely evening and nighttime (sleeping) hours. To account for this, the Community Noise Equivalent Level (CNEL), representing a composite 24-hour noise level is utilized. The CNEL is the weighted average of the intensity of a sound, with corrections for time of day, and averaged over 24 hours. The time-of-day corrections require the addition of 5 decibels to dBA Leq sound levels in the evening from 7:00 p.m. to 10:00 p.m., and the addition of 10 decibels to dBA Leq sound levels at night between 10:00 p.m. and 7:00 a.m. These additions are made to account for the noise sensitive time periods during the evening and night hours when noise can become more intrusive. CNEL does not represent the actual sound level heard at any time, but rather represents the total sound exposure. The City relies on the 24-hour CNEL level to assess land use compatibility with transportation related noise sources.
Sound Propagation and Attenuation
When sound propagates over a distance, it changes in level and frequency content. The way noise reduces with distance depends on the following factors.
Geometric Spreading
Sound from a localized source (i.e., a stationary point source) propagates uniformly outward in a spherical pattern. The sound level attenuates (or decreases) at a rate of 6 dB for each doubling of distance from a point source. Highways consist of several localized noise sources on a defined path and hence can be treated as a line source, which approximates the effect of several point sources. Noise from a line source propagates outward in a cylindrical pattern, often referred to as cylindrical spreading. Sound levels attenuate at a rate of 3 dB for each doubling of distance from a line source.
Ground Absorption
The propagation path of noise from a highway to a receiver is usually very close to the ground. Noise attenuation from ground absorption and reflective wave canceling adds to the attenuation associated with geometric spreading. Traditionally, the excess attenuation has also been expressed in terms of attenuation per doubling of distance. This approximation is usually sufficiently accurate for distances of less than 200 ft. For acoustically hard sites (i.e., sites with a reflective surface between the source and the receiver, such as a parking lot or body of water), no excess ground attenuation is assumed. For acoustically absorptive or soft sites (i.e., those sites with an absorptive ground surface between the source and the receiver such as soft dirt, grass, or scattered bushes and trees), an excess ground attenuation value of
1.5 dB per doubling of distance is normally assumed. When added to the cylindrical spreading, the excess ground attenuation results in an overall drop-off rate of 4.5 dB per doubling of distance from a line source.
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Menifee Mayor and City Council November 20, 2024 Page 677 of 2294 Ethanac Business Park
City of Menifee Initial Study/Mitigated Negative Declaration Atmospheric Effects
Receivers located downwind from a source can be exposed to increased noise levels relative to calm conditions, whereas locations upwind can have lowered noise levels. Sound levels can be increased at large distances (e.g., more than 500 feet) due to atmospheric temperature inversion (i.e., increasing temperature with elevation). Other factors such as air temperature, humidity, and turbulence can also have significant effects.