Mammals
The Project provides suitable foraging and denning habitat for mammalian species adapted to degraded conditions and routine anthropogenic disturbance. Mammalian species observed during the field investigation include pocket gopher (Thomomys bottae), coyote (Canis latrans), and desert cottontail (Sylvilagus audubonii). In addition, free-roaming domestic cats (Felis cattus) and dogs (Canis familiaris) were observed throughout the site. Other common mammalian species anticipated to occur within the Project site include California ground squirrel (Otospermophilus beecheyi), opossum (Didelphis virginiana), and raccoon (Procyon lotor). No bat species are expected to occur due to a lack of suitable roosting habitat (i.e., suitable trees, crevices, abandoned structures) within and surrounding the Project site.
Invertebrates
A review of recent and historic aerial photographs (1966-2018) of the Project site did not provide visual evidence of an astatic or vernal pool conditions within the Project site. No ponding was observed during the field investigation, further supporting the fact that the drainage patterns currently occurring on the Project site do not follow hydrologic regime needed for vernal pools. From this review of historic aerial photographs and observations during the field investigations, it can be concluded that there is no indication of vernal pools or suitable fairy shrimp habitat occurring within the Project site. For a summary of the fairy shrimp known to occur in Western Riverside County and their potential to occur on-site, see Appendix C, Biological Resources Report, Section 5.1.2: Vernal Pools.
4.3.3 Regulatory Setting
Federal
Endangered Species Act of 1973
Federally listed threatened and endangered species and their habitats are protected under provisions of the Federal Endangered Species Act (ESA). Section 9 of the ESA prohibits “take” of threatened or endangered species. “Take” under the ESA is defined as to “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any of the specifically enumerated conduct.” The presence of any federally threatened or endangered species that are in a project area generally imposes severe constraints on development, particularly if development would result in “take” of the species or Item Title: 11.2
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its habitat. Under the regulations of the ESA, the United States Fish and Wildlife Service (USFWS) may authorize “take” when it is incidental to, but not the purpose of, an otherwise lawful act.
Critical Habitat is designated for the survival and recovery of species listed as threatened or endangered under the ESA. Critical Habitat includes those areas occupied by the species, in which are found physical and biological features that are essential to the conservation of an ESA listed species and which may require special management considerations or protection. Critical Habitat may also include unoccupied habitat if it is determined that the unoccupied habitat is essential for the conservation of the species.
Whenever federal agencies authorize, fund, or carry out actions that may adversely modify or destroy Critical Habitat, they must consult with USFWS under Section 7 of the ESA. The designation of Critical Habitat does not affect private landowners, unless a project they are proposing uses federal funds, or requires federal authorization or permits (e.g., funding from the Federal Highway Administration or a permit from the U.S. Army Corps of Engineers [USACE]).
If USFWS determines that Critical Habitat will be adversely modified or destroyed from a proposed action, the USFWS will develop reasonable and prudent alternatives in cooperation with the federal institution to ensure the purpose of the proposed action can be achieved without loss of Critical Habitat. If the action is not likely to adversely modify or destroy Critical Habitat, USFWS will include a statement in its biological opinion concerning any incidental take that may be authorized and specify terms and conditions to ensure the agency is in compliance with the opinion.
Migratory Bird Treaty Act
The Migratory Bird Treaty Act (MBTA) (16 U.S. Government Code [USC] 703) makes it unlawful to pursue, capture, kill, possess, or attempt to do the same to any migratory bird or part, nest, or egg of any such bird listed in wildlife protection treaties between the United States, Great Britain, Mexico, Japan, and the countries of the former Soviet Union, and authorizes the U.S. Secretary of the Interior to protect and regulate the taking of migratory birds. It establishes seasons and bag limits for hunted species and protects migratory birds, their occupied nests, and their eggs (16 USC 703; 50 Code of Federal Regulations [CFR] 10, 21).
The MBTA covers the taking of any nests or eggs of migratory birds, except as allowed by permit pursuant to 50 CFR, Part 21. Disturbances causing nest abandonment and/or loss of reproductive effort (i.e., killing or abandonment of eggs or young) may also be considered “take.” This regulation seeks to protect migratory birds and active nests.
In 1972, the MBTA was amended to include protection for migratory birds of prey (e.g., raptors). Six families of raptors occurring in North America were included in the amendment: Accipitridae (kites, hawks, and eagles); Cathartidae (New World vultures); Falconidae (falcons and caracaras); Pandionidae (ospreys); Strigidae (typical owls); and Tytonidae (barn owls). The provisions of the 1972 amendment to the MBTA protects all species and subspecies of the families listed above. The MBTA protects over 800 species including geese, ducks, shorebirds, raptors, songbirds, and many relatively common species.
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State
California Environmental Quality Act
The California Environmental Quality Act (CEQA) provides for the protection of the environment within the State of California by establishing State policy to prevent significant, avoidable damage to the environment through the use of alternatives or mitigation measures for projects. It applies to actions directly undertaken, financed, or permitted by State lead agencies. If a project is determined to be subject to CEQA, the lead agency will be required to conduct an Initial Study (IS); if the IS determines that the project may have significant impacts on the environment, the lead agency will subsequently be required to write an Environmental Impact Report (EIR). A finding of non-significant effects will require either a Negative Declaration or a Mitigated Negative Declaration instead of an EIR. Section 15380 of the CEQA Guidelines independently defines “endangered” and “rare” species separately from the definitions of the California Endangered Species Act (CESA). Under CEQA, “endangered” species of plants or animals are defined as those whose survival and reproduction in the wild are in immediate jeopardy, while “rare” species are defined as those who are in such low numbers that they could become endangered if their environment worsens.
California Endangered Species Act
In addition to federal laws, the State of California implements the CESA which is enforced by the California Department of Fish and Wildlife (CDFW). The CESA program maintains a separate listing of species beyond the Federal ESA, although the provisions of each act are similar.
State-listed threatened and endangered species are protected under provisions of the CESA. Activities that may result in “take” of individuals (defined in CESA as; “hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill”) are regulated by CDFW. Habitat degradation or modification is not included in the definition of “take” under CESA. Nonetheless, CDFW has interpreted “take” to include the destruction of nesting, denning, or foraging habitat necessary to maintain a viable breeding population of protected species.
The State of California considers an endangered species as one whose prospects of survival and reproduction are in immediate jeopardy. A threatened species is considered as one present in such small numbers throughout its range that it is likely to become an endangered species in the near future in the absence of special protection or management. A rare species is one that is considered present in such small numbers throughout its range that it may become endangered if its present environment worsens.
State threatened and endangered species are fully protected against take, as defined above.
The CDFW has also produced a species of special concern list to serve as a species watch list. Species on this list are either of limited distribution or their habitats have been reduced substantially, such that a threat to their populations may be imminent. Species of special concern may receive special attention during environmental review, but they do not have formal statutory protection. At the federal level, the USFWS also uses the label species of concern, as an informal term that refers to species which might be in need of concentrated conservation actions. As the Species of Concern designated by USFWS do not Item Title: 11.2
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receive formal legal protection, the use of the term does not necessarily ensure that the species will be proposed for listing as a threatened or endangered species.
Fish and Game Code
Fish and Game Code Sections 3503, 3503.5, 3511, and 3513 are applicable to natural resource management. For example, Section 3503 of the Fish and Game Code makes it unlawful to destroy any birds’ nest or any birds’ eggs that are protected under the MBTA. Further, any birds in the orders Falconiformes or Strigiformes (Birds of Prey, such as hawks, eagles, and owls) are protected under Section 3503.5 of the Fish and Game Code which makes it unlawful to take, possess, or destroy their nest or eggs. A consultation with CDFW may be required prior to the removal of any bird of prey nest that may occur on a project site. Section 3511 of the Fish and Game Code lists fully protected bird species, where the CDFW is unable to authorize the issuance of permits or licenses to take these species. Pertinent species that are State fully protected include golden eagle (Aquila chrysaetos) and white-tailed kite (Elanus leucurus). Section 3513 of the Fish and Game Code makes it unlawful to take or possess any migratory nongame bird as designated in the MBTA or any part of such migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the MBTA.
Native Plant Protection Act
Sections 1900–1913 of the Fish and Game Code were developed to preserve, protect, and enhance rare and endangered plants in the state of California. The act requires all state agencies to use their authority to carry out programs to conserve endangered and rare native plants. Provisions of the Native Plant Protection Act prohibit the taking of listed plants from the wild and require notification of the CDFW at least ten days in advance of any change in land use which would adversely impact listed plants. This allows the CDFW to salvage listed plant species that would otherwise be destroyed.
California Native Plant Society Rare and Endangered Plant Species Vascular plants listed as rare or endangered by the California Native Plant Society (CNPS), but which have no designated status under the Federal ESA or CESA are defined as follows:
California Rare Plant Rank
1A- Plants Presumed Extirpated in California and either Rare or Extinct Elsewhere 1B- Plants Rare, Threatened, or Endangered in California and Elsewhere 2A- Plants Presumed Extirpated in California, But More Common Elsewhere 2B- Plants Rare, Threatened, or Endangered in California, But More Common Elsewhere 3- Plants about Which More Information is Needed - A Review List 4- Plants of Limited Distribution - A Watch List
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Menifee Mayor and City Council November 20, 2024 Page 1127 of 2294 City of Menifee
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Threat Ranks
.1- Seriously threatened in California (over 80% of occurrences threatened / high degree and immediacy of threat)
.2- Moderately threatened in California (20-80% occurrences threatened / moderate degree and immediacy of threat)
.3- Not very threatened in California (<20% of occurrences threatened / low degree and immediacy of threat or no current threats known).
Regional
Western Riverside County Multiple Species Habitat Conservation Plan The Multiple Species Habitat Conservation Plan (MSHCP) is a comprehensive, multi-jurisdictional habitat conservation plan focusing on conservation of species and their associated habitats in western Riverside County. The goal of the MSHCP is to maintain biological and ecological diversity within a rapidly urbanizing region.
The approval of the MSHCP and execution of the Implementing Agreement (IA) by the wildlife agencies allows signatories of the IA to issue “take” authorizations for all species covered by the MSHCP, including state- and federal-listed species as well as other identified sensitive species and/or their habitats. Each city or local jurisdiction will impose a MSHCP mitigation fees for projects within their jurisdiction. With payment of the mitigation fee to the County and compliance with the survey requirements of the MSHCP where required and other applicable MSHCP requirements, full mitigation in compliance with the CEQA, National Environmental Policy Act (NEPA), California ESA, and Federal ESA will be granted.
Pursuant to Resolution 21-2011 and City of Menifee Municipal Code (Menifee MC) Chapter 8.27, all building permit applicants are required to pay their Western Riverside County MSHCP mitigation fees after receiving an approved Planning Application and have also submitted plans for Building Department review. All fees must be paid prior to issuance of a building permit. The Western Riverside County MSHCP mitigation fee varies according to project size and project description. The fee for the Project (industrial development) is currently $19,066 per acre (County Ordinance 810.2)1. Payment of the mitigation fee and compliance with the requirements of Section 6.0 of the MSHCP are intended to provide full mitigation under CEQA, NEPA, California ESA, and Federal ESA for impacts to the species and habitats covered by the MSHCP pursuant to agreements with the USFWS, the CDFW, and/or any other appropriate participating regulatory agencies and as set forth in the IA for the MSHCP.
Local
City of Menifee General Plan
Open Space and Conservation Element
The City of Menifee's Open Space and Conservation Element provides policy direction for Menifee's parks and open space areas, recreational trails, and the conservation, development, and utilization of the City's natural resources with an overall goal of maintaining the high quality of life Menifee residents have Item Title: 11.2
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enjoyed for generations, while also preserving and protecting the numerous nonrenewable and unique cultural and historic resources located within the City. 1 Goals and policies from the Open Space and Conservation Element applicable to the Project include:
Goal OSC-8 Protected biological resources, especially sensitive and special status wildlife species and their natural habitats.
Policy OCS-8.2 Support local and regional efforts to evaluate, acquire, and protect natural habitats for sensitive, threatened, and endangered species occurring in and around the city.
Policy OCS-8.4 Identify and inventory existing natural resources in the City of Menifee.
Policy OCS-8.5 Recognize the impacts new development will have on the city's natural resources and identify ways to reduce these impacts.
4.3.4 Impact Thresholds and Significance Criteria
State CEQA Guidelines Appendix G has been utilized as significance criteria in this section. Accordingly, the Project would have a significant environmental impact if one or more of the following occurs:
• Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service; • 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 Wildlife or U.S. Fish and Wildlife Service;
• 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;
• 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;
• Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance; or
• Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.
Methodology and Assumptions
The Project site and its associated design are evaluated against the aforementioned significance criteria as the basis for determining the level of impacts related to biological resources. This analysis considers existing regulations, laws and standards that serve to avoid or reduce potential environmental impacts. 1 City of Menifee. (2013). Menifee General Plan Open Space & Conservation Element. https://www.cityofmenifee.us/250/Open-SpaceConservation-Element (accessed August 2023).
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Feasible mitigation measures are recommended, when warranted, to avoid or lessen the Project’s significant adverse impacts.
Approach to Analysis
This analysis of impacts on biological resources examines the Project’s temporary (i.e., construction) and permanent (i.e., operational) effects based on application of the significance criteria/thresholds outlined above. Each criterion is discussed in the context of the Project site, and the surrounding characteristics/geography. The impact conclusions consider the potential for changes in environmental conditions, as well as compliance with the regulatory framework enacted to protect the environment.
The baseline conditions and impact analyses are based on the aforementioned biological resources study; review of maps and drawings; analysis of aerial and ground‐level photographs; and review of various data available in public records, including local planning documents. The determination that a project would or would not result in “substantial” adverse effects on biological resources considers how the potential for development and operation of the site would affect the resources.
4.3.5 Impacts and Mitigation Measures
Impact 4.3-1 Would the Project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Level of Significance: Less than Significant with Mitigation Incorporated Special Status Plants
According to the California Natural Diversity Database (CNDDB) and CNPS, 31 special-status plant species have been recorded in the Steele Peak, Perris, Lake Elsinore, and Romoland quadrangles. No special-status plant species were observed on the Project site during the field investigation. The Project site and surrounding area have been subject to decades of anthropogenic disturbances which have removed native plant communities that historically occurred. Based on habitat requirements for specific species and the availability and quality of on-site habitats, it was determined that the site has a low to moderate potential to support smooth tarplant (Centromadia pungens ssp. laevis) and paniculate tarplant (Deinandra paniculata). There is minimal habitat on the Project site that would support the smooth tarplant (Centromadia pungens ssp. laevis) and paniculate tarplant (Deinandra paniculata). It was further determined that the site does not have potential to support any of the other special-status plant species known to occur in the vicinity of the site due to the lack of suitable habitat on the Project site.
These special-status plant species are not state or federally listed as threatened or endangered. They are designated as a CNPS Rare Plant Rank 1B.2 and 4.2, respectively. While the historic and ongoing land uses supported by the Project site have removed the natural plant communities that once occurred in the area, these species are known for their tolerance of disturbed conditions and are commonly found in disturbed areas in western Riverside County. As such, smooth tarplant and paniculate tarplant were determined to have a low/moderate potential to occur within the Project site. Since the Project is isolated from Item Title: 11.2
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undeveloped, native open spaces, it is not expected to provide conservation value for either of these species, if present.
Special-Status Plant Communities
The CNDDB lists three special-status habitats as being identified within the Steele Peak, Perris, Lake Elsinore, and Romoland quadrangles: Southern Coast Live Oak Riparian Forest, Southern Cottonwood Willow Riparian Forest, and Southern Sycamore Alder Riparian Woodland, which do not occur on the Project site. No CDFW special-status plant communities occur within the boundaries of the Project site.
Special-Status Wildlife
According to the CNDDB, 86 special-status wildlife species have been reported in the Steele Peak, Perris, Lake Elsinore, and Romoland quadrangles. Special-status wildlife species observed during the field investigation include great egret and Costa’s hummingbird. 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 high potential to support Cooper’s hawk (Accipiter cooperii), sharpshinned hawk (Accipiter striatus), great blue heron (Ardea herodias), northern harrier (Circus hudsonius), snowy egret (Egretta thula), white-tailed kite (Elanus leucurus), California horned lark (Eremophila alpestris actia), prairie falcon (Falco mexicanus), and loggerhead shrike (Lanius ludovicianus); and a low potential to support burrowing owl (Athene cunicularia) and western mastiff bat (Eumops perotis californica). All remaining special-status wildlife species were presumed to be absent from the Project site due to the lack of native habitat, routine onsite disturbances, and isolation of the site from suitable habitats.
None of the other aforementioned species are federally or state listed as threatened or endangered, however, white-tailed kite is fully protected under CESA. The majority of the aforementioned species are only expected to occur on-site while foraging due to the absence of suitable nesting/roosting opportunities and degree and type of routine on-site and surrounding disturbance.
To ensure impacts to aforementioned avian species do not occur from implementation of the Project, a pre-construction nesting bird clearance survey would be conducted prior to ground disturbance in accordance with Mitigation Measure (MM) BIO-1. With implementation of MM BIO-1, impacts to the aforementioned species would be less than significant.
Fairy Shrimp
Based on an assessment of species composition, hydrology, soils analysis, and individual characteristics for each of the listed fairy shrimp known in western Riverside County, it was determined that the Project site does not support riparian/riverine habitat or vernal pools, and, therefore, does not provide suitable habitat for federally/State and/or MSHCP listed fairy shrimp. Due to the lack of riparian/riverine habitat and vernal pools, the Project site was determined not to provide suitable habitat for federally/State and/or MSHCP listed fairy shrimp, and focused surveys for fairy shrimp are not required per the MSHCP.
No impact would occur to fairy shrimp.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 285
Menifee Mayor and City Council November 20, 2024 Page 1131 of 2294 City of Menifee
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Burrowing Owl
Burrowing owl is currently designated as a California Species of Special Concern. The burrowing owl is a grassland specialist distributed throughout western North America where it occupies open areas with short vegetation and bare ground within shrub, desert, and grassland environments. In California, the burrowing owl breeding season extends from the beginning of February through the end of August.
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. Portions of the Project site are vegetated with a variety of low-growing plant species that allow for minimal line-of-sight observation favored by burrowing owls. Further, multiple small mammal burrows that have the potential to provide suitable burrowing owl nesting habitat (>4 inches in diameter). However, the site supports and is surrounded by tall trees, structures, and utility poles – including a Southern California Edison transmission line to the south - that provide perching opportunities for large raptors (i.e., red-tailed hawk) that can prey on burrowing owls. In addition, multiple domestic cats and dogs were observed roaming freely near occupied residential developments, which likely precludes burrowing owls from occupying suitable burrows in these areas as these domestic species would likely harass burrowing owls.
Despite regular disturbance, the ample presence of perching opportunities for predators of burrowing owls, and the presence of free-roaming domestic cats and dogs, the Project site supports suitable foraging habitat and suitable burrows for burrowing owl. In order to comply with the conservation goals of Section 6.3.2 of the MSHCP, a Part B-Focused burrowing owl survey was conducted in accordance with the Burrowing Owl Survey Instructions for the Western Riverside MSHCP Area. Four focused burrowing owl surveys were conducted on June 27, July 12, July 26, and August 29, 2023.2 Based on the results of the 2023 burrowing owl focused surveys, no burrowing owls or evidence of recent or historic use burrowing owls were observed on the Project site.3 As a result, burrowing owls are presumed to be absent from the Project site.4To ensure that burrowing owl remain absent from the Project site, the Project would implement MM BIO-2 which would require that a 30-day burrowing owl pre-construction clearance survey be conducted prior to obtaining a grading permit.
Overall, based on the Project footprint, and with the implementation of MMs BIO-1 and BIO-2, none of the special-status species known to occur in the general vicinity of the Project site would be directly or indirectly impacted from implementation of the Project. A less than significant impact would occur with mitigation incorporated.
Mitigation Measures
MM BIO-1 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 2 ELMT Consulting, Inc. 2023. Burrowing Owl Focused Survey Report. Page 7. 3 Ibid, Page 12.
4 Ibid.
Item Title: 11.2
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Menifee Mayor and City Council November 20, 2024 Page 1132 of 2294 City of Menifee
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to active avian nests will occur. If an active avian nest is discovered during the pre-construction clearance survey, construction activities should stay outside of a no-disturbance buffer. The size of the no-disturbance buffer (generally 300 feet for migratory and non-migratory songbirds and 500 feet raptors and special-status species) 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 should 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.
MM BIO-2 The Project Developer shall retain a qualified biologist to conduct a 30-day preconstruction survey for burrowing owl. The results of the single one-day survey shall be submitted to the City prior to obtaining a grading permit. If at any time there is a lapse of Project activities for 30 days or more, another burrowing owl survey shall be conducted and submitted to the City.
If burrowing owl are not detected during the pre-construction survey, no further mitigation is required. If active burrowing owl burrows are detected during the breeding season, the on-site biologist will review and establish a conservative avoidance buffer surrounding the nest based on their best professional judgment and experience and verify compliance with this buffer and will verify the nesting effort has finished. Work can resume when no other active burrowing owl nesting efforts are observed. If active burrowing owl burrows are detected outside the breeding season, then passive and/or active relocation pursuant to a Burrowing Owl Plan that shall be prepared by the Applicant and 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.
Item Title: 11.2
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Menifee Mayor and City Council November 20, 2024 Page 1133 of 2294 City of Menifee
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Impact 4.3-2 Would the Project 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 Wildlife or U.S. Fish and Wildlife Service?
Level of Significance: No Impact
Review of the USFWS’s National Wetland Inventory mapper did not identify any riparian habitat on the Project site.5 No jurisdictional drainage features, riparian/riverine areas, or vernal pools were observed within the Project site during the field survey. Therefore, regulatory approvals from the USACE, Regional Water Quality Control Board (RWQCB), and/or CDFW would not be required for implementation of the Project. Further, site development would not result in impacts to riparian/riverine habitats and a Determination of Biologically Equivalent or Superior Preservation would not be required under the MSHCP for the loss of riparian/riverine habitat. Further, no sensitive habitats were identified within the Project site. Thus, no sensitive natural communities will be impacted from Project implementation. Overall, no impact would occur.
Mitigation Measures
No mitigation required.
Impact 4.3-3 Would the Project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Level of Significance: No Impact
Review of the USFWS’s National Wetland Inventory mapper did not identify any wetlands on the Project site.6 No inundated areas, wetland features, or wetland plant species that would be considered wetlands as defined by Section 404 of the Clean Water Act occur within the Project footprint. As a result, implementation of the Project would not result in any impacts or have substantial adverse effect on state or federally protected wetlands.
Mitigation Measures
No mitigation required.
Impact 4.3-4 Would the Project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Level of Significance: Less than Significant
The Project site has not been identified as occurring in a wildlife corridor or linkage. The nearest linkage to Project, as identified by the MSHCP, occurs approximately 0.7 mile to the northwest of the Project in association with the San Jacinto River. The Project would be confined to existing areas that have been 5 USFWS. 2022. National Wetlands Inventory Wetlands Mapper. Available at: https://www.fws.gov/wetlands/data/mapper.html (accessed August 2023).
6 Ibid.
Item Title: 11.2
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Menifee Mayor and City Council November 20, 2024 Page 1134 of 2294 City of Menifee
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heavily disturbed and are isolated from regional wildlife corridors. Therefore, the Project site does not function as a major wildlife movement corridor or linkage. As such, implementation of the Project is not expected to have a significant impact to wildlife movement opportunities or prevent local wildlife movement through the area. Due to the lack of any identified impacts to wildlife movement, migratory corridors or linkages or native wildlife nurseries, no mitigation is required. Therefore, impacts to wildlife corridors or linkages are not expected to occur and impacts would be less than significant.
Mitigation Measures
No mitigation required.
Impact 4.3-5 Would the Project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Level of Significance: Less than Significant
The Project would be constructed in compliance with the requirements of the Menifee General Plan (GP) and the Menifee Municipal Code. The Menifee GP provides goals and policies for the conservation of biological resources. Goal OSC-8 protects biological resources and Policy OCS-8-5 calls for the recognition of the impacts new development will have on the City's natural resources and to identify ways to reduce these impacts.
The purpose of Chapter 9.205: Tree Preservation of the Comprehensive Development Code is to “protect trees, considered to be a valuable community resource, from indiscriminate cutting or removal, to ensure and enhance public health, safety and welfare through proper care, maintenance and preservation of trees. Such landscaping, irrigation systems and tree preservation represent a substantial investment in and potential benefit to the community. Heritage trees such as those with certain characteristics (age, size, species, location, historical influence, aesthetic quality or ecological value) are subject to special attention and preservation efforts.”
The majority of the Project site supports vacant/undeveloped land that has historically been used for agricultural purposes. However, surrounding the residential property in the northeast portion of the Project site are privacy trees. Most of the trees are Peruvian pepper (Schinus mole) with a small number of palo verde (Parkinsonia florida). The pepper is non-native and the palo verde is native, but planted (it’s not typically naturally growing in this region). All of these trees were planted around 2008/2009; therefore, it is unlikely that they qualify as heritage trees.
Upon Project completion, maintenance of new trees on the Project site would be conducted in accordance with § 9.205.060 of the Comprehensive Development Code, as follows:
B. Industry standard maintenance. All trees on public and private property, within all zoning districts, shall be maintained in accordance with industry standards and in accordance with the International Society of Arboriculture or ANSI A 300 tree care standards.
C. Free of damage. Builders shall be required to prune, treat and maintain existing trees and plant new ones in such a fashion that when the trees come under the purview of the City, an Item Title: 11.2
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association, or a private property owner, the trees will be free of damage, pests, diseases and dead branches. The trees shall be in good biological and aesthetic condition upon acceptance.
D. Trees overhanging a street. Pruning of branches is required so that branches shall not significantly obstruct a streetlight or the view of a street intersection. There shall be a clear space of 14.5 feet above the surface of the street and 8 feet above the sidewalk. The owner shall remove all dead, diseased or dangerous trees or portions of trees with broken or decayed limbs which may pose a threat to public safety.
Through adherence to the Comprehensive Development Code and the above guidelines, impacts would be less than significant.
Mitigation Measures
No mitigation required.
Impact 4.3-6 Would the Project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan?
Level of Significance: Less than Significant with Mitigation Incorporated The Project site is located in the Sun City/Menifee Valley Area Plan of the MSHCP, but is not located within any designated Criteria Cells or conservation areas.
Since the City is a permittee under the MSHCP and, while the Project is not specifically identified as a Covered Activity under Section 7.1, Covered Activities Outside Criteria Area and PQP Lands, of the MSHCP, public and private development that are outside of Criteria Areas and Public/Quasi-Public (PQP)7Lands are permitted under the MSHCP, subject to consistency with MSHCP policies that apply to area outside of Criteria Areas. As such, to achieve coverage, the Project must be consistent with the following policies of the MSHCP:
• The policies for the protection of species associated with Riparian/Riverine areas and vernal pools as set forth in Section 6.1.2 of the MSHCP;
• The policies for the protection of Narrow Endemic Plant Species as set forth in Section 6.1.3; • The Urban/Wildlands Interface Guidelines as set forth in Section 6.1.4; and • The requirements for conducting additional surveys as set forth in Section 6.3.2.
The Project site was reviewed to determine consistency with the MSHCP.
Riparian/Riverine Areas and Vernal Pools
The MSHCP requires that an assessment be completed if impacts to riparian/riverine areas and vernal pools would occur as a result of implementation of the proposed project. According to the MSHCP, the 7 PQP Lands are a subset of MSHCP Conservation Area lands totaling approximately 347,000 acres of lands known to be in public/private ownership and expected to be managed for open space value and/or in a manner that contributes to the Conservation of Covered Species (including lands contained in existing reserves). The acreage of PQP Lands has been accounted for in the MSHCP tracking process for assembling the Conservation Area.
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documentation for the assessment shall include mapping and a description of the functions and values of the mapped areas with respect to the species listed in Section 6.1.2 of the MSHCP, Protection of Species Associated with Riparian/Riverine Areas and Vernal Pools.
Aerial photography was reviewed prior to conducting the field investigation. The aerials were used to locate and inspect potential natural drainage features, ponded areas, or water bodies that may be considered riparian/riverine habitat and/or fall under the jurisdiction of the USACE, RWQCB, or CDFW. In general, surface drainage features indicated as blue-line streams on U.S. Geological Survey maps that are observed or expected to exhibit evidence of flow are considered potential riparian/riverine habitat and are also subject to state and federal regulatory authorities.
Additionally, a review of recent and historic aerial photographs (1966-2018) of the Project site did not provide visual evidence of an astatic or vernal pool conditions within the Project site. No ponding was observed during the field investigation, further supporting the fact that the drainage patterns currently occurring on the Project site do not follow hydrologic regime needed for vernal pools. From this review of historic aerial photographs and observations during the field investigations, it can be concluded that there is no indication of vernal pools or suitable fairy shrimp habitat occurring within the proposed Project site.
No jurisdictional drainage features, riparian/riverine areas, or vernal pools were observed within the Project site during the field investigation. Therefore, a DBESP analysis under the MSHCP would not be required and the Project is consistent with Section 6.1.2 of the MSHCP. Also, see Impact 4.3-2.
Narrow Endemic Plant Species
Section 6.1.3 of the MSHCP, Protection of Narrow Endemic Plant Species, states that the MSHCP database does not provide sufficient detail to determine the extent of the presence/distribution of Narrow Endemic Plant Species within the MSHCP Plan Area. Additional surveys may be needed to gather information to determine the presence/absence of these species to ensure that appropriate conservation of these species occurs. Based on the RCA MSHCP Information Map query and review of the MSHCP, it was determined that the Project site is located within the designated survey area for Narrow Endemic Plant Species Munz’s onion (Allium munzii), San Diego ambrosia (Ambrosia pumila), many stemmed dudleya (Dudleya multicaulis), spreading navarretia (Navarretia fossallis), California Orcutt grass (Orcuttia californica), and Wright’s trichoronis (Trichocoronis wrightii var. wrightii)as depicted in Figure 6- 1 within Section 6.1.3 of the MSHCP. Based on the results of the literature review, the Project site has not supported natural plant communities since at least 1966. Based on the results of the field investigation, the Project site does not provide suitable habitat for these MSHCP listed Narrow Endemic Plant Species.
Urban/Wildlands Interface Guidelines
Section 6.1.4 of the MSHCP, Guidelines Pertaining to Urban/Wildlands Interface, is intended to address indirect effects associated with development in proximity to MSHCP Conservation Areas. The Urban/Wildlife Interface Guidelines are intended to ensure that indirect project-related impacts to the MSHCP Conservation Area, including drainage, toxics, lighting, noise, invasive plant species, barriers, and grading/land development, are avoided or minimized. The Project site is not located within or in close Item Title: 11.2
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proximity of any Criteria Cells or designated conservation areas. Therefore, the Project would not need to comply with the Urban/Wildlands Interface Guidelines.
Additional MSCHP Considerations
In accordance with Section 6.3.2 of the MSHCP, Additional Survey Needs and Procedures, additional surveys may be needed for certain species in order to achieve coverage for these species. The query of the RCA MSHCP Information Map and review of the MSHCP determined that the Project site is located within the designated survey area for burrowing owl as depicted in Figure 6-4 within Section 6.3.2 of the MSHCP. In order to comply with the conservation goals of Section 6.3.2 of the MSHCP, a Part B-Focused burrowing owl would be conducted during the breeding season prior to development in accordance with MM BIO-2. If burrowing owls are found to occupy the Project site at the time of the focused survey, a relocation plan would need to be written, approved, and implemented prior to site development. If no burrowing owls or sign are found during the focused survey, a final pre-construction burrowing owl clearance survey would be required in accordance with MM BIO-3 to ensure burrowing owl remains absent from the Project site. No other special-status wildlife species surveys were identified.
Stephens’ Kangaroo Rate Habitat Conservation Plan
Separate from the consistency review against the policies of the MSHCP, Riverside County established a boundary in 1996 for protecting the Stephens’ kangaroo rat (Dipodomys stephensi, SKR), a federally endangered and state threatened species. The SKR is protected under the Stephens’ Kangaroo Rat Habitat Conservation Plan (County Ordinance No. 663.10; SKR HCP). As described in the MSHCP Implementation Agreement, a Section 10(a) Permit, and California Fish and Game Code Section 2081 Management Authorization were issued to the Riverside County Habitat Conservation Agency (RCHCA) for the LongTerm SKR HCP and was approved by the USFWS and CDFW in August 1990. Relevant terms of the SKR HCP have been incorporated into the MSHCP and its Implementation Agreement. The SKR HCP will continue to be implemented as a separate HCP; however, to provide the greatest conservation for the largest number of Covered Species, the Core Reserves established by the SKR HCP are managed as part of the MSHCP Conservation Area consistent with the SKR HCP. Actions shall not be taken as part of the implementation of the SKR HCP that will significantly affect other Covered Species. Take of SKR outside of the boundaries but within the MSHCP area is authorized under the MSHCP and the associated permits.
The Project site is located within the Mitigation Fee Area of the SKR HCP, but is not located within or adjacent to any of the Core Reserve Areas. Since the Project site is not located within or adjacent to any of the Core Reserve Areas, no focused SKR surveys or on-site mitigation would be required. On-site mitigation is only recommended in Ordinance 663.10 when a site is located within or adjacent to a Core Reserve Area. As a result, the applicant would only be required to pay the SKR HCP Mitigation Fee prior to development of the Project site.
Mitigation Measures
See MMs BIO-1 and BIO-2 in Impact 4.3-1 above.
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4.3.6 Cumulative Impacts
For purposes of biological resources, cumulative impacts are considered for projects located within the City of Menifee; see Table 3-1, Cumulative Projects List. As discussed above, all Project potential impacts to biological resources would be less than significant in consideration of compliance with existing laws, ordinances, regulations, and standards, including the MSHCP, and implementation of EIR mitigation measures. Cumulative projects would require implementation of the same measures as the Project, such as the MBTA and burrowing owl pre-construction surveys. There were no special-status plant or animal species observed on the Project site and the presence of such species on the Project is unlikely. However, implementation of mitigation would avoid potential impacts to burrowing owls and nesting bird species that have even a low potential to occur on the Project site. In addition, the Project would not impact jurisdictional waters of the U.S. or State, including wetlands.
As discussed above, Project-level impacts to biological resources would be less than significant. Standard regulatory requirements and procedures are required of other present and reasonably foreseeable future projects. As a result, the Project taken in sum with past, present, and reasonably foreseeable projects would not result in cumulatively considerable impacts on biological resources.
4.3.7 Significant Unavoidable Impacts
No significant unavoidable impacts were identified.
4.3.8 References
City of Menifee. (2013). Menifee General Plan Open Space & Conservation Element. https://www.cityofmenifee.us/250/Open-Space-Conservation-Element.
ELMT Consulting, Inc. (2022). Habitat Assessment and Western Riverside County Multiple Species Habitat Conservation Plan Consistency Analysis (Refer to Appendix C).
USFWS. (2022). National Wetlands Inventory Wetlands Mapper. https://www.fws.gov/wetlands/data/mapper.html.
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4.4 CULTURAL RESOURCES
4.4.1 Introduction
The purpose of this section is to describe the existing regulatory and environmental conditions related to cultural resources, identify potential impacts that could result from CADO Menifee Industrial Warehouse Project (Project) implementation, and as necessary, recommend mitigation to avoid or reduce the significance of impacts.
Information in this section is based primarily on the following source:
• BCR Consulting LLC (BCR) (2022). Phase I Cultural Resources Assessment (CRA) (Appendix D).
Additional resource information was obtained from available public resources, including among others, the City of Menifee (City) General Plan (Menifee GP).
Cultural Resources Terminology and Concepts
Key terms and concepts used in this section to describe and assess the potential cultural resource impacts are defined below:
Archeological Site. A site is defined by the National Register of Historic Places (NRHP) as the place or places where the remnants of a past culture survive in a physical context that allows for the interpretation of these remains. Archeological remains usually take the form of artifacts (e.g., fragments of tools, vestiges of utilitarian or non-utilitarian objects), features (e.g., remnants of walls, cooking hearths, or midden deposits), and ecological evidence (e.g., pollen remaining from plants that were in the area when the activates occurred). Prehistoric archaeological sites generally represent the material remains of Native American groups and their activities dating to the period before European contact. In some cases, prehistoric sites may contain evidence of trade contact with Europeans. Ethnohistoric archaeological sites are defined as Native American settlements occupied after the arrival of European settlers in California.
Historic archaeological sites reflect the activities of non-native populations during the Historic period.
Artifact. An object that has been made, modified, or used by a human being.
Cultural Resource. A cultural resource is a location of human activity, occupation, or use identifiable through field inventory, historical documentation, or oral evidence. Cultural resources include archaeological resources and built environment resources (sometimes known as historic architectural resources), and may include sites, structures, buildings, objects, artifacts, works of art, architecture, and natural features that were important in past human events. They may consist of physical remains or areas where significant human events occurred, even though evidence of the events no longer remains. Cultural resources also include places that are of traditional, cultural, or religious importance to social or cultural groups.
Cultural Resources Study Area (or study area). All areas of potential permanent and temporary impacts for a reasonable worst-case development within a project site and off-site impact areas.
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Ecofact. An object found at an archaeological site that has an archaeological significance but has not been technologically altered, such as seeds, pollens, or shells.
Ethnographic. Relating to the study of human cultures. “Ethnographic resources” represent the heritage resource of an ethnic or cultural group, such as Native Americans or African, European, Latino, or Asian immigrants. They include traditional resource-collecting areas, ceremonial sites, value-imbued landscape features, cemeteries, shrines, or ethnic neighborhoods.
Historic Period. The period that begins with the arrival of the first non-native population and thus varies by area.
Historical Resource. This term is used for the purposes of California Environmental Quality Act (CEQA) and is defined in the State CEQA Guidelines (14 California Code of Regulations [CCR] § 15064.5) as: (1) a resource listed in, or determined to be eligible for listing in the California Register of Historical Resources (CRHR); (2) a resource included in a local register of historical resources, as defined in Public Resources Code (PRC) § 5020.1(k) or identified as significant in a historical resource survey meeting the requirements which a lead agency determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California by the lead agency, provided the lead agency’s determination is supported by substantial evidence in light of the whole record. Historical resources may also include tribal cultural resources including sites, features, places, cultural landscapes, sacred places, objects, and/or archeological resources with value to a California Native American Tribe per PRC § 21074.
Isolate. An isolated artifact or small group of artifacts that appear to reflect a single event, loci, or activity.
Isolates typically lack identifiable context and thus have little interpretative or research value. Isolates are not considered to be significant under CEQA and do not require avoidance mitigation (PRC § 21083.2 and State CEQA Guidelines § 15064.5). All isolates located during the field effort, however, are recorded and the data are transmitted to the appropriate California Historical Resources Information System (CHRIS) Information Center.
Lithic. Of or pertaining to stone. Specifically, in archaeology, lithic artifacts are chipped or flaked stone tools, and the stone debris resulting from their manufacture.
Native American Sacred Site. An area that has been, or continues to be, of religious significance to Native American peoples, such as an area where religious ceremonies are practiced or an area that is central to their origins as a people.
Prehistoric Period. The era prior to 1772. The later part of the prehistoric period (post-1542) is also referring to as the protohistoric period in some areas, which marks a transitional period during which native populations began to be influenced by European presence resulting in gradual changes to their lifeways.
Stratigraphy. The natural and cultural layers of soil that make up an archaeological deposit, and the order in which they were deposited relative to other layers.
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Tribal Cultural Resource. This term refers to a site, feature, place, cultural landscape, sacred place, object, or archaeological resource with cultural value to a California Native American tribe that is listed or eligible for listing in national, California, or local registers. A lead agency also has the discretion to determine that a resource is a tribal cultural resource if the determination is supported by substantial evidence. Tribal cultural resources are addressed in Section 4.14, Tribal Cultural Resources.
Unique Archeological Resource. This term is used for the purposes of CEQA and is defined in PRC § 21083.2(g) as an archaeological artifact, object, or site, about which it can be clearly demonstrated that, without merely adding to the current body of knowledge, there is a high probability that it either contains information needed to answer important scientific research questions and there is a demonstrable public interest in that information; has a special and particular quality such as being the oldest of its type or the best available examples of its type; or, is directly associated with a scientifically recognized important prehistoric or historic event or person.
4.4.2 Environmental Setting
The Project site is located in the City of Menifee, western Riverside County (County). The Project site is situated in the Perris Valley, which occupies a portion of California’s Peninsular Range geologic province which encompasses western Riverside County. Elevation of the Project site ranges from approximately 1,430 to 1,450 feet above mean sea level. As such, the Project site is characterized as lower Sonoran Life Zone, represented in cismontane valleys and low-mountain slopes. Crystalline rocks in the area include gabbro and granodiorite of the southern California batholith. These resistant rocks weather to form dark or light colored, boulder-covered conical buttes and hills. They are granitic and have intruded and metamorphosed to locally form gneissic and schistose rocks. The crystalline rocks in the area are covered by Older Pleistocene alluvium that, in turn, is covered by a thin horizon of Holocene soils and recent stream sediments in channels. Pedogenic carbonate (caliche or hardpan) is a depositional product associated with the Holocene soils and invades the Pleistocene sediments. The southern tip of the Northern Peninsular Range has a number of igneous rocks utilized by Native Americans for food processing These include granodiorites, quartz monzonites, and breccias, which are found locally.
Metamorphosed sedimentary rocks, such as metamorphosed quartzite, are also found near the Project site. Olivine basalt and andesite-containing phenocrysts have also been locally utilized for the prehistoric manufacture of chipped stone tools.
Cultural Setting
According to the CRA, two primary regional syntheses are commonly utilized in the archaeological literature for southern California. The first was advanced by Wallace in 1955, and defines four cultural horizons, each with characteristic local variations: Early Man Horizon, Milling Stone, Intermediate, and Late Prehistoric. The CRA determined that five periods defined the southern California prehistory:
Lake Mojave, Pinto, Gypsum, Saratoga Springs, and Protohistoric. Many changes in settlement patterns and subsistence focus are viewed as cultural adaptations to a changing environment, beginning with the gradual environmental warming in the late Pleistocene, the desiccation of the desert lakes during the early Holocene, the short return to pluvial conditions during the middle Holocene, and the general warming and drying trend, with periodic reversals, that continue to this day.
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See the Phase I CRA (Appendix D), for detailed information regarding the Prehistoric Context (beginning on page 6). Additionally, see Section 4.14, Tribal Cultural Resources for the Ethnographic Setting.
History
In southern California, the historic era is generally divided into three periods: the Spanish or Mission Period (1769 to 1821), the Mexican or Rancho Period (1821 to 1848), and the American Period (1848 to present).
Spanish Period. The Spanish period (1769-1821) is represented by exploration of the region; establishment of the San Diego Presidio and missions at San Gabriel and San Luis Rey; and the introduction of livestock, agricultural goods, and European architecture and construction techniques. Spanish influence continued to some extent after 1821 due to the continued implementation of the mission system.
Mexican Period. The Mexican period (1821-1848) began with Mexican independence from Spain and continued until the end of the Mexican-American War. The Secularization Act of 1834 resulted in the transfer, through land grants (called ranchos) of large mission tracts to politically prominent individuals.
Sixteen ranchos were granted in the County. At that time, cattle ranching was a more substantial business than agricultural activities, and trade in hides and tallow increased during the early portion of this period.
Until the Gold Rush of 1849, livestock and horticulture dominated California's economy.
American Period. The American Period, 1848–Present, began with the Treaty of Guadalupe Hidalgo. In 1850, California was accepted into the Union of the United States primarily due to the population increase created by the Gold Rush of 1849. The cattle industry reached its greatest prosperity during the first years of the American Period. Mexican Period land grants had created large pastoral estates in California, and demand for beef during the Gold Rush led to a cattle boom that lasted from 1849–1855. However, beginning about 1855, the demand for beef began to decline due to imports of sheep from New Mexico and cattle from the Mississippi and Missouri Valleys. When the beef market collapsed, many California ranchers lost their ranchos through foreclosure. A series of disastrous floods in 1861–1862, followed by a significant drought diminished the economic impact of local ranching. This decline combined with ubiquitous agricultural and real estate developments of the late 19th century, set the stage for diversified economic pursuits of the 20th century.
Economic and ethnic diversification and growth have resulted in California’s most visible 20th century hallmarks. Prior to World War II agriculture, oil, tourism, railroad, and film industries all flourished, and while the Great Depression of the 1930s slowed (and in many cases stopped) growth, these all remained important throughout the century. The wartime economy helped alleviate many causes of the Great Depression, and the subsequent years saw further diversification in which the aerospace and electronics industries emerged. During World War II, many people had relocated to California in support of the military industrial complex, and a large number remained post-war in search of employment and to start families. The subsequent population boom coincided with the greatest economic growth in the history of the state, and accompanied large-scale land subdivision, construction of bedroom communities, and development of a comprehensive freeway system and a state system of higher education. These factors have all helped reshape California’s landscape, economy, and material culture.
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Menifee. In 1880, Kentucky-born gold miner Luther Menifee Wilson discovered a substantial gold and quartz deposit eight miles south of Perris in what was then northern San Diego County, along present-day Murrieta Road. The discovery became widely known as the Menifee Quartz Lode, and it attracted many people to settle in the relatively barren region. The Menifee Mining District developed around the lode and subsequently included half a dozen mines. Wilson sold the mine to the Allen Gold Mining Company in 1889. A small, sparsely populated settlement associated with the mine became known as Menifee. By 1893, Menifee was made up of scattered farmsteads, a one-room schoolhouse, a general store that doubled as a post office, and a blacksmith shop. That same year, Menifee was also seriously considered to become the county seat of the newly formed County, receiving 459 votes among county delegates.
A nearby 3,000-acre property was purchased by Charles Cooper and investors from the Los Angeles Farmers and Merchants Bank in 1891, which for several years thereafter was used as a game hunting reserve named Quail Valley. Mining activity soon died down in the area as it proved to be unprofitable and grain farming became the predominant industry. The City remained highly rural in character through the remainder of the nineteenth century and first decades of the twentieth century, with a few local families owning vast acreages for ranches and dry farming. In the 1920s, the Quail Valley property was sold to investors who developed the Lake Elsinore Lodge, an enclave of recreational and residential facilities that included a clubhouse, tennis courts, equestrian stables, a restaurant, a small store, and a gas station. In 1947, this resort community would be renamed the Quail Valley Country Club. The greater community developed slowly. Electricity became widely available in 1946 in the area, and telephone service arrived in 1958. Occupancy remained so low that residents had to petition municipal authorities for such luxuries, as the City’s small population didn’t initially qualify for service.
A catalyst for urban development arrived in the early 1960s, when Del Webb, a contractor and developer from Arizona, planned for a retirement residential community in the City area called Sun City. After initially purchasing 14,000 acres of former ranch and farmlands for the development, Sun City was built on 1,200 acres with the remainder eventually being sold to future developers. The Sun City community was built as a four square-mile enclave complete with residences, retail stores, two golf courses, and two recreation centers. Soon after its completion and occupancy, it became its own Census Designated Place, separate from the unincorporated community of Menifee. Quail Valley, whose country club amenities were largely abandoned by the 1970s, was repurposed as a residential community adjacent to the City with many new residences and its own schools.
Local development picked up more steam in the 1980s and 1990s. In 1989, a real estate development firm, the Lusk Company, constructed a nearly 2,000-acre residential community around a 45-acre artificial lake and golf course called Menifee Lakes. The development, which also featured country club facilities, drew more middle-class families to settle in the City. Accompanying the development of Menifee Lakes was the construction of new parks, schools, and commercial areas. The establishment of the Menifee Valley Campus of Mt. San Jacinto College in 1990 further bolstered commercial activity and residency in the area. By 2005, the formerly rural farming settlement of the City had been transformed into a suburban bedroom community of more than 27,000 people.
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As the local population grew, a movement for cityhood gained traction and the annexation of Sun City, Quail Valley, Romoland (a nearby ranching community developed in 1924), and other smaller communities on the peripheries of Menifee was contemplated. In June 2008, Menifee’s residents voted with the local Chamber of Commerce to incorporate as Riverside County’s twenty-sixth city. By October, the City was formally established, and the surrounding communities had been incorporated into Menifee’s city limits, bringing its total area to exceed fifty square miles and 70,000 residents. Today, the population has increased to approximately 102,527 residents.
Methodology
The CRA was prepared to determine whether cultural resources are located within the Project boundaries, whether any cultural resources are significant pursuant to the below referenced regulations and standards, and to develop specific mitigation measures that will address potential impacts to existing or potential resources. The following tasks were conducted to achieve the aforementioned results:
• Sacred Lands File search through the Native American Heritage Commission, and communications with recommended tribes and individuals;
• Cultural resources records search through the Eastern Information Center (EIC) to review any previous studies conducted and the resulting cultural resources recorded within one half-mile of the Project site boundaries; and
• Systematic pedestrian survey of the entire Project site.
Records Search
Prior to fieldwork, a records search request was submitted to the EIC. The records search included a review of all prerecorded historic-period and prehistoric cultural resources, as well as a review of known cultural resources surveys and excavation reports generated from projects located within one half-mile of the Project site. In addition, a review was conducted of the NRHP, the CRHR, and documents and inventories from the California Office of Historic Preservation (OHP) including the lists of California Historical Landmarks, California Points of Historical Interest, Listing of National Register Properties, and the Inventory of Historic Structures.
Field Survey
An intensive-level cultural resources field survey of the Project site was conducted on July 11, 2022. The survey was conducted by walking parallel transects spaced approximately 10-15 meters apart across 100 percent of the accessible Project site. Digital photographs were taken at various points within the Project boundaries (see Appendix C of the CRA) and all soil exposures were carefully examined for evidence of cultural resources.
Results
Records Search
A cultural resource records search was conducted by the EIC at the University of California, Riverside. The records search revealed that 24 cultural resource studies have taken place resulting in the recording of Item Title: 11.2
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two cultural resources within the research radius. Of these studies one assessed the Project site for cultural resources. This study was updated twice resulting in no cultural resources previously identified within the Project boundaries.
Additional Land Use Research
A review of aerial photos and assessor documents indicate that the majority of the Project site has never been cultivated or developed. The northeast corner of the Project site contains a rural residential complex consisting of two modern residences and three ancillary buildings that were developed between 2002 and 2018.
Predictive Modeling
Cultural resources recorded in this portion of the County indicate that historic agricultural and residential developments are locally common. Additionally, prehistoric use of bedrock for milling stations and lithic scatters and fire affected rock have also been identified in the general area. These resources are commonly associated with vegetal (particularly seed) processing, chipped stone tool manufacture, trade, and cooking. As a result, the field survey emphasized careful inspection for artifacts and features associated with historic agricultural and residential use, and of suitable rock outcrops and soil exposures for the presence of related features and artifacts.
Field Survey
During the field survey, archaeologists carefully inspected the Project site for evidence of cultural resources, using the methods described above. Representatives from two local tribes accompanied archaeologists during the pedestrian field survey. Ground visibility averaged approximately 70 percent within the Project site boundaries. Sediment included yellowish-brown, dry, semi-compact, sandy silt with minimal gravel content. Several boulders have been pushed into a pile in the southeast corner of the Project site. These were carefully checked for prehistoric grinding slicks, which were not present. The Project site has been subject to mechanical clearing and discing for weed abatement. It contains a rural residential complex consisting of two modern residences and three modern ancillary buildings in the northeast corner. No cultural materials (including historic-period or prehistoric archeological resources or historic-period built environment resources) were identified within the Project site.
Tribal Consultation
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) as discussed in AB 52. Findings were negative during the Sacred Lands File search with the Native American Heritage Commission (NAHC).
Based on the City’s prior experience with and written request from potentially interested Tribes, AB 52 Notices were sent to the following four Tribes on December 9, 2021:
• Agua Caliente Band of Cahuilla Indians;
• Pechanga Band of Luiseño Mission Indians;
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• Rincon Band of Luiseño Indians; and
• Soboba Band of Luiseño Indians.
To date, no response from the Rincon Band of Luiseño Indians Cultural Resources Department has been received. The Agua Caliente Band of Cahuilla Indians closed consultation on August 23, 2022, following review of the cultural resources assessment. Soboba Band of Luiseño Indians requested that the Cultural Resources and Tribal Cultural Resources Section be sent to them upon completion. On October 3, 2022, during a quarterly meeting with the City, the Pechanga Tribe stated they were satisfied with the City’s standard conditions of approval for cultural/tribal cultural resources. The AB 52 consultation letters can be found in Appendix D and are discussed further in Section 4.14, Tribal Cultural Resources.
4.4.3 Regulatory Setting
Federal
National Historic Preservation Act
The National Historic Preservation Act (NHPA) was passed in 1966 and is codified in Title 16, Section 470 et seq. of the U.S. Code (USC). The goal of the Act is to ensure federal agencies act as responsible stewards of our nation's resources when their actions affect historic properties. Among the regulations of the NHPA, Section 106 requires federal agencies to consider the effects of their undertakings on historic properties and afford the Advisory Council on Historic Properties (ACHP) a reasonable opportunity to comment. The historic preservation review process mandated by Section 106 is outlined in regulations issued by ACHP.
See Title 36 Code of Federal Regulations (CFR) Part 800, “Protection of Historic Properties.” Section 106 applies when two thresholds are met: 1) there is a federal or federally licensed action, including grants, licenses and permits, and 2) that action has the potential to affect properties listed in or eligible for listing in the NRHP. Section 106 requires each federal agency to identify and assess the effects of its actions on historic resources. The responsible federal agency must consult with appropriate state and local officials, Indian Tribes, applicants for federal assistance and members of the public, and consider their views and concerns about historic preservation issues when making final project decisions. The agency should also plan to involve the public and identify any other potential consulting parties. If the agency determines that it has no undertaking or that its undertaking is a type of activity that has no potential to affect historic properties, the agency has no further Section 106 obligations.
Pursuant to Section 106, impacts to a cultural site or artifact must be declared “significant,” “potentially significant” or “not significant.” Under NHPA regulations, impacts to “significant” archeological sites must be mitigated for, while “not significant” archeological remains need not. A “potentially significant” determination is utilized when there is not enough information to make a conclusive ruling. NHPA mitigation would not be necessary for archeological sites avoided during development.
National Register of Historic Places
Developed in 1981 pursuant to Title 36 CFR Section 60, the NRHP provides an authoritative guide to be used by federal, state, and local governments, private groups, and citizens to identify the nation’s cultural resources and to indicate what properties should be considered for protection from destruction or Item Title: 11.2
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impairment. It should be noted that the listing of a private property on the NRHP does not prohibit any actions which may otherwise be taken by the property owner with respect to the property. The listing of sites in California to the NRHP is initiated through an application submitted to the State OHP. Applications deemed suitable for potential consideration are handled by the State Historic Preservation Officer (SHPO).
All NRHP listings for sites in California are also automatically added to the CRHR by the State of California.
The listing of a site on the NRHP does not generally result in any specific physical protection. Among other things, however, it does create an additional level of CEQA (and NEPA [National Environmental Protection Act]) review to be satisfied prior to the approval of any discretionary action occurring that might adversely affect the resource.
National Historic Landmarks Program
The National Historic Landmarks (NHL) Program, developed in 1982 and as authorized by the Historic Site Act, identifies and designates NHLs to “encourage the long-range preservation of nationally significant properties that illustrate or commemorate the history and prehistory of the U.S.” The program is administered by the Department of the Interior pursuant to 36 CFR Section 65.5. Unlike any of the other state or federal registries, sites listed on the NHL are explicitly preserved and protected from harm under federal law.
Antiquities Act of 1906
The only federal law protecting fossil resources on public lands is the Antiquities Act of 1906 (16 USC 431 433). Enacted when Theodore Roosevelt was president, the Antiquities Act was designed to protect nonrenewable fossil and cultural resources from indiscriminate collecting. NEPA (42 USC 4321) directs Federal agencies to use all practicable means to “…preserve important historic, cultural, and natural aspects of our national heritage…”.
State
Assembly Bill (AB) 52 is addressed in Section 4.14, Tribal Cultural Resources.
California Register of Historical Resources
The State’s OHP manages and oversees the CRHR, which is intended to serve as “an authoritative guide to the state’s significant historical and archeological resources.” As outlined in PRC § 5020 et seq., resources listed must meet one of four “significance criteria” related to events, people, construction/artistic value, or information. Sites must also retain sufficient integrity to convey their significance. The CRHR includes a number of types of resources, including: all properties listed in or determined formally eligible for listing in the NRHP; all California Historical Landmarks from #770 onward; specific California Historical Landmarks issued prior to #770 and certain California Points of Historical Interest, as deemed appropriate for listing by the California Historic Resources Commission; and any properties nominated per OHP regulations. California Historical Landmarks are intended to recognize resources of statewide significance. Points of Historical Interest recognize resources of local or countywide significance. Lastly, as mentioned above, all NRHP listings within California are automatically added to the CRHR. The listing of a site on a California State register does not generally result in any specific physical Item Title: 11.2
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protection. Among other things, however, it does create an additional level of CEQA review to be satisfied prior to any discretionary action occurring that might adversely affect the resource.
California Code of Regulations
CCR Title 14 § 1427 recognizes that “California’s archaeological resources are endangered by urban development and population growth and by natural forces.” Accordingly, the State Legislature finds that “these resources need to be preserved in order to illuminate and increase public knowledge concerning the historic and prehistoric past of California.” Lastly, it states that any person “not the owner thereof, who willfully injures, disfigures, defaces or destroys any object or thing of archaeological or historical interest or value, whether situated on private lands or within any public park or place, is guilty of a misdemeanor.” The code also specifies that it is a misdemeanor to “alter any archaeological evidence found in any cave or to remove any materials from a cave.” California Health and Safety Code (Sections 7050.5, 7051, and 7054) Sections 7050.5, 7051, and 7054 of the California Health and Safety Code (HSC) collectively address the illegality of interference with human burial remains (except as allowed under applicable sections of the PRC), as well as the disposition of Native American burials in archaeological sites and protects such remains from disturbance, vandalism, or inadvertent destruction; establishes procedures to be implemented if Native American skeletal remains are discovered during construction of a project, treatment of the remains prior to, during and after evaluation, and reburial procedures.
California Environmental Quality Act
The Project is subject to compliance with CEQA, as amended. Compliance with CEQA statutes and guidelines requires both public and private projects with financing or approval from a public agency to assess the project’s impact on cultural resources (PRC §§ 21082, 21083.2 and 21084 and CCR § 10564.5).
The first step in the process is to identify cultural resources that may be impacted by the project and then determine whether the resources are “historically significant” resources.
CEQA defines historically significant resources as “resources listed or eligible for listing in the California Register of Historical Resources” (PRC § 5024.1). A cultural resource may be considered historically significant if the resource is 45 years old or older, possesses integrity of location, design, setting, materials, workmanship, feeling, and association, and meets any of the following criteria for listing on the CRHR:
1. Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage;
2. Is associated with the lives of persons important in our past;
3. 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 values; or,
4. Has yielded, or may be likely to yield, information important in prehistory or history (PRC § 5024.1).
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Cultural resources are buildings, sites, humanly modified landscapes, traditional cultural properties, structures, or objects that may have historical, architectural, cultural, or scientific importance. CEQA states that if a project will have a significant impact on important cultural resources, deemed “historically significant,” then project alternatives and mitigation measures must be considered.
Local
City of Menifee General Plan
Open Space & Conservation Element
The Menifee GP Open Space & Conservation Element provides policy direction for the City's parks and open space areas, recreational trails, and the conservation, development, and utilization of the City's natural resources with an overall goal of maintaining the high quality of life Menifee residents have enjoyed for generations, while also preserving and protecting the numerous nonrenewable and unique cultural and historic resources located within the City. 1 Goals and policies from the Open Space & Conservation Element applicable to the Project include:
Goal OSC-5 Archaeological, historical, and cultural resources are protected and integrated into the city’s-built environment
Policy OCS-5.1 Preserve and protect archaeological and historic resources and cultural sites, places, districts, structures, landforms, objects and native burial sites, traditional cultural landscapes and other features, consistent with state law and any laws, regulations or policies which may be adopted by the city to implement this goal and associated policies.
Policy OCS-5.4 Establish clear and responsible policies and best practices to identify, evaluate, and protect previously unknown archaeological, historic, and cultural resources, following applicable CEQA and NEPA procedures and in consultation with the appropriate Native American tribes who have ancestral lands within the city.
4.4.4 Impact Thresholds and Significance Criteria
State CEQA Guidelines Appendix G has been used as significance criteria in this section. Accordingly, the Project may have a significant environmental impact if one or more of the following occurs:
• Cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5;
• Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5; or
• Disturb any human remains, including those interred outside of formal cemeteries. 1 City of Menifee. (2013). Menifee General Plan Open Space & Conservation Element. Available at: https://www.cityofmenifee.us/250/OpenSpace-Conservation-Element (accessed August 2023).
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Methodology and Assumptions
The Project is evaluated against the aforementioned significance criteria/thresholds as the basis for determining the impact’s level of significance concerning cultural resources. This analysis considers the existing regulatory framework (i.e., laws, ordinances, regulations, and standards) that avoid or reduce the potentially significant environmental impacts. Where significant impacts remain despite compliance with the regulatory framework, feasible mitigation measures are recommended, to avoid or reduce the potentially significant environmental impacts.
Approach to Analysis
This analysis of impacts on cultural resources examines the Project’s temporary (i.e., construction) and permanent (i.e., operational) effects based on application of the significance criteria/thresholds outlined above. Each criterion is discussed in the context of the Project site and the surrounding characteristics/geography. The impact conclusions consider the potential for changes in environmental conditions, as well as compliance with the regulatory framework enacted to protect the environment.
The baseline conditions and impact analyses are based on site conditions at the time of field reconnaissance conducted by BCR; review of Project maps and drawings; analysis of aerial and ground‐ level photographs; and review of various data available in public records, including local planning documents. The determination that any components of the Project may result in “substantial” adverse effects on historical and archaeological resources and human remains considers the existing site’s historical resource value and the severity of the Project implementation on resources that may be considered historical.
4.4.5 Impacts and Mitigation Measures
Impact 4.4-1 Would the Project cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5?
Level of Significance: No Impact
Construction and Operations
A field survey of the Project site was conducted on July 11, 2022. During the field survey, a rural residential complex consisting of two modern residences and three modern ancillary buildings was identified in the northeast corner of the Project site. This complex is not historic in age (i.e., 45 or more years old) and as such does not warrant further consideration.
No other historic-age resources were observed within the Project boundaries. Overall, the Project would not cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5.
No impact would occur.
Mitigation Measures
No mitigation is required.
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Impact 4.4-2 Would the Project cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5?
Level of Significance: Less than Significant
Construction and Operations
The CRA did not encounter any prehistoric or archaeological resources within the Project site. Outside the Project site, one prehistoric archaeological site has been recorded within the one-half-mile search radius.
The prehistoric-period resource, located approximately 0.25 mile southeast of the Project site, was identified as a bedrock milling feature. Because the resource is not located within the Project site, no impact to the resource by the Project would occur.
Given the negative results of the assessment, no additional work in conjunction with cultural resources is recommended for the Project. The cultural report did not warrant or recommend further monitoring as the chance of encountering buried archaeological deposits is considered low. However, to avoid any inadvertent discovery of archaeological resources, monitoring of future earth-disturbing activities will be conducted according to COA-CUL-1 through COA-CUL-8. Additionally, a record search of the NAHC SLF was completed for the area of potential effect “the Project site” and the search returned negative results.
Therefore, the Project’s potential impacts concerning the significance of an archaeological resource would be less than significant. Adherence to Standards Conditions of Approval COA-CUL-3 through COA-CUL-7 would further minimize impacts.
Mitigation Measures
No mitigation is required.
Impact 4.4-3 Would the Project disturb any human remains, including those interred outsides of dedicated cemeteries?
Level of Significance: Less than Significant
Construction and Operations
No formal cemeteries are on or near the Project site. Most Native American human remains are found in association with prehistoric archaeological sites. Given the low potential for the Project’s grounddisturbing activities to encounter archaeological remains, human remains to be potentially encountered are considered low. Notwithstanding, if previously unknown human remains are discovered during the Project’s ground-disturbing activities, a substantial adverse change in the significance of such a resource could occur.
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 the contractor is required to halt work in the immediate area of the find and to notify the County Coroner, in accordance with HSC § 7050.5, who must then determine whether the remains are of forensic interest. If the Coroner, with the aid of a supervising archaeologist, determines that the remains are or appear to be Item Title: 11.2
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of a Native American, he/she must contact the NAHC for further investigations and proper recovery of such remains, if necessary. Impacts would be less than significant with implementation of the aforementioned Standard Conditions.
Further, pursuant to PRC § 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. If the Riverside County Coroner determines the remains to be Native American, the NAHC shall be contacted within the period specified by law (24 hours). Subsequently, the NAHC shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in PRC § 5097.98. Human remainsfrom other ethnic/cultural groups with recognized historical associations to the Project area shall also be subject to consultation between appropriate representatives from that group and the Community Development Director. Thus, compliance with the above-referenced state laws would reduce impacts to less than significant levels.
Mitigation Measures
No mitigation is required.
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 Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource 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.
If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours). Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." 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 6254 (r)., 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 6254 (r).
COA-CUL-3 Inadvertent Archeological 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 Item Title: 11.2
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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 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 in native soils and/or re-burial on the Project property so they are not subject to further disturbance in perpetuity as identified in NonDisclosure of Reburial Condition. e. Pursuant to Calif. Pub. Res. Code § 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, recommendations of the project archeologist 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:
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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 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.
COA-CUL-5 Archeologist 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.
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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 Cultural Resources Management Plan (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 Cal Pub Res Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include:
a. Project grading and development scheduling;
b. The Project archeologist and the Consulting Tribes(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;
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.
COA-CUL-6 Native American Monitoring (Soboba Band of Mission Indians). Tribal monitor(s) shall be required on-site during all ground-disturbing 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 Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract 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 Native American 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.
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COA-CUL-7 Native American Monitoring (Pechanga). Tribal monitor(s) shall be required on-site during all ground-disturbing 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 Pechanga Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above-mentioned Tribe 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-8 Archeology 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 Archeologist 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).
4.4.6 Cumulative Impacts
As concluded above, the Project would not cause an adverse change in the significance of a historical resource pursuant to State CEQA Guidelines § 15064.5. Therefore, no cumulative impact concerning historical resources would occur.
As discussed above, the potential, although low, exists for undiscovered archaeological resources to be adversely impacted during Project construction. Cumulative projects could involve actions that damage known or as-yet undiscovered archaeological cultural resources specific to those development sites.
However, as with the Project, all cumulative development would undergo environmental and design review on a project-by-project basis pursuant to CEQA to evaluate potential impacts to cultural resources.
This would include studies of historical and archaeological cultural resources that are present or could be present within a development site. Additionally, cumulative development would be subject to compliance with the established federal, state, and local regulatory framework concerning the protection of cultural resources on a project-by-project basis. Where significant or potentially significant impacts are identified, implementation of all feasible site-specific mitigation would be required to avoid or reduce impacts. The Project’s cumulative impacts to archaeological cultural resources would be less than significant given compliance with the established regulatory framework and standard conditions of approval.
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As concluded above, previously undiscovered human remains could be encountered during Project construction activities; however, a less than significant impact would occur in this regard following compliance with the established state regulatory framework and conditions of approval. Cumulative development could impact previously undiscovered human remains during construction. However, all cumulative development would undergo environmental review on a project-by-project basis to evaluate the site-specific archaeological sensitivity. Additionally, cumulative development would be subject to compliance with the established state regulatory framework concerning the discovery of human remains on a project-by-project basis. The Project’s cumulative impacts concerning the potential to disturb human remains would be less than significant given compliance with the established regulatory framework would be required.
4.4.7 Significant Unavoidable Impacts
No significant unavoidable impacts were identified.
4.4.8 References
BCR Consulting LLC. (2022). Phase I Cultural Resources Assessment. Refer to Appendix D.
City of Menifee. (2013). City of Menifee General Plan. Open Space and Conservation Element. Retrieved from: https://www.cityofmenifee.us/250/Open-Space-Conservation-Element.
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4.5 ENERGY
4.5.1 Introduction
According to California Environmental Quality Act (CEQA) Guidelines § 15126.2(b), § 15126.4 (a)(1)(C), and Appendix F, the goal of conserving energy implies the wise and efficient use of energy including decreasing reliance on natural gas and oil and increasing reliance on renewable energy sources (renewable energy is generally defined as energy that comes from resources which are naturally replenished within a human timescale such as sunlight, wind, tides, waves, and geothermal heat). The CADO Menifee Industrial Warehouse Project (Project) would be constructed in conformance with the latest Title 24 Standards, which includes, but not limited to, the 2022 Building Energy Efficiency Standards which are designed to reduce energy demand in all new construction.
This section of the Draft EIR describes the existing setting of the Project as it relates to energy conservation, identifies associated regulatory conditions and requirements, presents the criteria used to evaluate potential impacts related to use of fuel and energy upon implementation of the Project, and identifies mitigation measures to reduce or avoid potential significant impacts, where applicable. The significance of each impact is included at the end of this section. This analysis is based primarily on the following energy assessment herein referred as Appendix E, Energy Assessment. • Kimley-Horn & Associates. (2024). Energy Assessment.
4.5.2 Environmental Setting
Existing Electricity and Natural Gas Supplies
Electricity
Electricity as a utility is a man-made resource. The production of electricity requires the consumption or conversion of energy resources, including water, wind, oil, gas, coal, solar, geothermal, and nuclear resources, into energy. The delivery of electricity involves a number of system components including substations and transformers that lower transmission line power (voltage) to a level appropriate for onsite distribution and use. The electricity generated is distributed through a network of transmission and distribution lines commonly called a power grid. Conveyance of electricity through transmission lines is typically responsive to market demands.
Energy capacity, or electrical power, is generally measured in watts (W) while energy use is measured in watt-hours (Wh). For example, if a light bulb has a capacity rating of 100 W, the energy required to keep the bulb on for 1 hour would be 100 Wh. If ten 100 W bulbs were on for 1 hour, the energy required would be 1,000 Wh or 1 kilowatt-hour (kWh). On a utility scale, a generator’s capacity is typically rated in megawatts (MW), which is one million watts, while energy use is measured in megawatt-hours (MWh) or gigawatt-hours (GWh), which is one billion watt-hours.
Electrical services are provided to the Project and surrounding area by Southern California Edison (SCE).
SCE provides electricity to approximately 15 million people, 180 incorporated cities, 15 counties, 5,000 Item Title: 11.2
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large businesses, and 280,000 small businesses throughout its 50,000-square-mile service area.1SCE produces and purchases their energy from a mix of conventional and renewable generating sources.
Table 4.5-1, Energy Resources Used to Generate Electricity for SCE (2022) reflects the most-recent SCE electric power mix. As shown in Table 4.5-1, the SCE electric power mix of 2022 is compared to the Statewide 2022 power mix. In 2022, electricity use attributable to the County of Riverside was approximately 17,781 GWh from residential and non-residential sectors.2 Table 4.5-1: Energy Resources Used to Generate Electricity for SCE (2022) Energy Resources 2022 SCE Power Mix 2022 CA Power Mix
EligibleRenewable: 33.2%: 35.8%:
Biomass and Biowaste 0.1% 2.1%
Geothermal 5.7% 4.7%
Eligible Hydroelectric 0.5% 1.1%
Solar 17.0% 17.0%
Wind 9.8% 10.8%
Coal 0% 2.7%
LargeHydroelectric 3.4% 9.2%
NaturalGas 24.7% 36.4%
Nuclear 8.3% 9.2%
Other 0.1% 0.1%
UnspecifiedSources of Power1 30.3.% 7.1%
Total 100% 100%
1 Electricity from transactionsthat are nottraceable to specific generation sources.
Source: SCE. (2022). 2022 Annual Power Content Label, Southern California Edison. Retrieved from SCE Website:
https://www.sce.com/sites/default/files/custom-files/PDF_Files/SCE_2022_Power_Content_Label_B%26W.pdf (accessed March 5, 2024).
Natural Gas
The Southern California Gas Company (SoCalGas) is the service provider for the Project and surrounding area. SoCalGas services approximately 21.1 million people in a 24,000-square mile service territory.3 SoCalGas has four storage fields; Aliso Canyon, Honor Rancho, La Goleta, and Playa del Rey, as well as a combined storage capacity of approximately 134 billion cubic feet. According to the California Energy Commission (CEC), natural gas demand in the SoCalGas service area was 5,026 million therms in 2022. 4 According to the 2022 California Gas Report, the total demand for natural gas in the SoCalGas area would decline at an annual rate of 1.1 percent each year through 20355, driven by modest economic growth and the forecasted energy efficiency and fuel substitution. Other factors that contribute to the downward 1 Southern California Edison. (2024). By the Numbers: Who We Serve. Retrieved from SEC Website: https://www.sce.com/about-us/who-weare (accessed March 5, 2024). 2 California Energy Commission. (2022). Electricity Consumption by County. Retrieved from CEC Website:
http://ecdms.energy.ca.gov/elecbycounty.aspx (accessed March 5, 2024). 3 Southern California Gas Company. (2021). About Us. Retrieved from: https://www.socalgas.com/ (accessed March 5, 2024). 4 California Energy Commission. (2022). Gas Consumption by Southern California Gas. Retrieved from CEC Website:
http://ecdms.energy.ca.gov/gasbutil.aspx (accessed March 5, 2024). 5 California Gas and Electric Utilities. (2022). 2022 California Gas Report. Retrieved from:
https://www.socalgas.com/sites/default/files/Joint_Utility_Biennial_Comprehensive_California_Gas_Report_2022.pdf (accessed March 5, 2024).
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trend are tighter standards created by revised Title 24 Codes and Standards, and renewable energy goals that impact gas-fired electricity.
Energy Use
Energy use/consumption is typically quantified using the British Thermal Unit (BTU). Total energy consumption in California was 7,359 trillion BTU in 2021 (the most recent year for which this specific data is available), which equates to an average of approximately 189 million BTU total consumption per capita.6 Table 4.5-2, 2021 Consumption By End-Use Sector shows the breakdown of energy consumption in California by end-use sector.
Table 4.5-2: 2021 Consumption By End-Use Sector
End-Use Sector Energy Consumption Percentage (%)
Residential 1,473 trillion Btu 20.0
Commercial 1,397 trillion Btu 19.0
Industrial 1,704 trillion Btu 23.2
Transportation 2,785 trillion Btu 37.8
Total California Energy Consumption 7,359 trillion Btu 100% Source: US Energy Information Administration (2024). California Energy Consumption Estimates. Retrieved from EIA Website:
https://www.eia.gov/state/print.php?sid=CA
Electricity and natural gas in California are generally used by stationary sources such as residences, commercial sites, and industrial facilities, whereas petroleum use is generally accounted for by transportation-related energy use. In 2023, net taxable gasoline sales (including aviation gasoline) in California accounted for 12,456,525,983 gallons of gasoline.7
4.5.3 Regulatory Setting
Federal
Energy Independence and Security Act of 2007
The Energy Independence and Security Act (EISA; Public Law 110-140) was signed into law by President George W. Bush on December 19, 2007. The Act’s goal is to achieve energy security in the United States by increasing renewable fuel production, improving energy efficiency and performance, protecting consumers, improving vehicle fuel economy, and promoting research on greenhouse gas (GHG) capture and storage. Under the EISA, the Renewable Fuel Standard (RFS) program (RFS2) was expanded in several key ways:
• Expanded the RFS program to include diesel, in addition to gasoline; • Increased the volume of renewable fuel required to be blended into transportation fuel from 9 billion gallons in 2008 to 36 billion gallons by 2022;
6 US Energy Information Administration. (2022). California Energy Consumption Estimates. Retrieved from EIA Website:
https://www.eia.gov/state/print.php?sid=CA (accessed March 5, 2024). 7 California Department of Tax and Fee Administration. (2023). Net Taxable Gasoline Gallons. Retrieved from CDTFA Website:
https://www.cdtfa.ca.gov/taxes-and-fees/spftrpts.htm (accessed March 5, 2024).
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• Established new categories of renewable fuel and set separate volume requirements for each; and
• Required the U.S. Environmental Protection Agency (EPA) to apply lifecycle GHG performance threshold standards to ensure that each category of renewable fuel emits fewer GHGs than the petroleum fuel it replaces.
RFS2 lays the foundation for achieving significant reductions of GHG emissions from the use of renewable fuels, for reducing imported petroleum, and encouraging the development and expansion of our nation's renewable fuels sector.
The EISA also includes a variety of new standards for lighting and for residential and commercial appliance equipment. The equipment includes residential refrigerators, freezers, refrigerator-freezers, metal halide lamps, and commercial walk-in coolers and freezers.
State
Assembly Bill 32 and Senate Bill 32
California’s major initiative for reducing GHG emissions is outlined in Assembly Bill (AB) 32, the “California Global Warming Solutions Act of 2006.” AB 32 codifies the Statewide goal of reducing GHG emissions to 1990 levels by 2020 (essentially a 15 percent reduction below 2005 emission levels; the same requirement as under S-3-05) and requires the California Air Resources Board (CARB) to prepare a Scoping Plan that outlines the main State strategies for reducing GHGs to meet the 2020 deadline. In addition, AB 32 requires CARB to adopt regulations to require reporting and verification of Statewide GHG emissions. Reductions in overall energy consumption have been implemented to reduce emissions. See Section 4.7, Greenhouse Gas Emissions for a further discussion of AB 32.
In September 2016, the Governor signed into legislation Senate Bill (SB) 32, which builds on AB 32 and requires the State to cut GHG emissions to 40 percent below 1990 levels by 2030. With SB 32, the Legislature also passed AB 197, which provides additional direction for updating the Scoping Plan to meet the 2030 GHG reduction target codified in SB 32. CARB has published a draft update to the Scoping Plan and has received public comments on this draft but has not released the final version.
Additional energy efficiency measures beyond the current regulations are needed to meet these goals as well as the AB 32 GHG reduction goal of reducing Statewide GHG emissions to 1990 levels by 2020 and the SB 32 goal of 40 percent below 1990 levels by 2030 (see Section 4.7, Greenhouse Gas Emissions, for a discussion of AB 32 and SB 32). Part of the effort in meeting California’s long-term reduction goals include reducing petroleum use in cars and trucks by 50 percent, increasing from one-third to more than one-half of California’s electricity derived from renewable sources, doubling the efficiency savings achieved at existing buildings and making heating fuels cleaner; reducing the release of methane, black carbon, and other short-lived climate pollutants, and managing farm and rangelands, forests, and wetlands so they can store carbon.
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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 provides mandatory provisions for commercial, residential and public school buildings.
Voluntary tiers and measures that local governments may adopt that encourage or require additional measures in the five green building topics. The 2022 CALGreen Code went into effect January 1, 2023 (“2022 CALGreen”). The 2022 CALGreen standards improve upon the previous standards for new construction of, and additions and alterations to, residential and nonresidential buildings. The new 2022 CALGreen standards requires EV capable spaces and construction shall facilitate future installation of electric vehicle supply equipment for warehouses, grocery stores and retail stores with planned off-street loading spaces. Refer to section 5.106 . The CEC adopted the 2022 CALGreen Code, which went into effect on January 1, 2023.
2008 California Energy Action Plan Update
The 2008 Energy Action Plan Update provides a status update to the 2005 Energy Action Plan II, which is the State of California’s principal energy planning and policy document. The plan continues the goals of the original Energy Action Plan, describes a coordinated implementation plan for State energy policies, Item Title: 11.2
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and identifies specific action areas to ensure that California’s energy is adequate, affordable, technologically advanced, and environmentally sound. First-priority actions to address California’s increasing energy demands are energy efficiency, demand response (i.e., reduction of customer energy usage during peak periods in order to address system reliability and support the best use of energy infrastructure), and the use of renewable sources of power. If these actions are unable to satisfy the increasing energy and capacity needs, the plan supports clean and efficient fossil-fired generation. 2006 Appliance Efficiency Regulations
The California Energy Commission adopted Appliance Efficiency Regulations (Title 20, California Code of Regulations §§ 1601 through 1608) on October 11, 2006. The regulations were approved by the California Office of Administrative Law on December 14, 2006. The regulations include standards for both federally regulated appliances and non-federally regulated appliances. While these regulations are now often viewed as “business-as-usual,” they exceed the standards imposed by all other states and they reduce GHG emissions by reducing energy demand.
Senate Bill 1078 and 107; Executive Order S-14-08, S-21-09, and SB 2X SB 1078 (Chapter 516, Statutes of 2002) requires retail sellers of electricity, including investor-owned utilities and community choice aggregators, to provide at least 20 percent of their supply from renewable sources by 2017. SB 107 (Chapter 464, Statutes of 2006) changed the target date to 2010. In November 2008, then-Governor Schwarzenegger signed Executive Order S-14-08, which expands the State’s Renewable Portfolio Standard to 33 percent renewable power by 2020. In September 2009, thenGovernor Schwarzenegger continued California’s commitment to the Renewable Portfolio Standard by signing Executive Order S-21-09, which directs the CARB under its AB 32 authority to enact regulations to help the State meet its Renewable Portfolio Standard goal of 33 percent renewable energy by 2020.
In April 2011, Governor Brown signed SB 2X, which legislated the prior Executive Order S-14-08 renewable standard.
Executive Order B-30-15, Senate Bill 350, and Senate Bill 100 In April 2015, the Governor issued Executive Order B-30-15, which established a GHG reduction target of 40 percent below 1990 levels by 2030. SB 350 (Chapter 547, Statutes of 2015) advanced these goals through two measures. First, the law increases the renewable power goal from 33 percent renewables by 2020 to 50 percent by 2030. Second, the law requires the CEC to establish annual targets to double energy efficiency in buildings by 2030. The law also requires the California Public Utilities Commission (CPUC) to direct electric utilities to establish annual efficiency targets and implement demand-reduction measures to achieve this goal. In 2018, SB 100 revised the goal of the program to achieve the 50 percent renewable resources target by December 31, 2026, and to achieve a 60 percent target by December 31, 2030. SB 100 also established a further goal to have an electric grid that is entirely powered by clean energy by 2045.
Appendix F to CEQA Guidelines
Public Resources Code § 21100(b)(3) and CEQA Guidelines § 15126.4 require Environmental Impact Reports (EIRs) to describe, where relevant, the wasteful, inefficient, and unnecessary use of energy caused by a project. In 1975, largely in response to the oil crisis of the 1970s, the California State Legislature Item Title: 11.2
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adopted AB 1575, which created the CEC. The CEC’s statutory mission is to forecast future energy needs, license thermal power plants of 50 megawatts or larger, develop energy technologies and renewable energy resources, plan for and direct State responses to energy emergencies, and promote energy efficiency through the adoption and enforcement of appliance and building energy efficiency standards.
AB 1575 also amended Public Resources Code § 21100(b)(3) to require EIRs to consider the wasteful, inefficient, and unnecessary use of energy caused by a project. In addition, CEQA Guidelines § 15126.4 was adopted in 1998 which requires that an EIR describe feasible mitigation measures which would minimize the inefficient and unnecessary use of energy. Thereafter, the State Resources Agency created CEQA Guidelines, Appendix F.
Pursuant to Appendix F, an EIR must include a “discussion of the potential energy impacts of proposed projects…” However, because lead agencies have not consistently included such analysis in their EIRs, California's Natural Resources Agency amended Appendix F to the CEQA Guidelines in 2009 “to ensure that lead agencies comply with the substantive directive in § 21100(b)(3).” CEQA Guidelines, Appendix F lists environmental impacts and mitigation measures that an EIR may include. What is required is a “discussion of the potential energy impacts of proposed projects, with particular emphasis on avoiding or reducing inefficient, wasteful and unnecessary consumption of energy.” Potential impacts that may be discussed include:
• The Project’s energy requirements and its energy use efficiencies by amount and fuel type for each stage of the Project including construction, operation, maintenance, or removal. If appropriate, the energy intensiveness of materials may be discussed. • The effects of the Project on local and regional energy supplies and on requirements for additional capacity.
• The effects of the Project on peak and base period demands for electricity and other forms of energy.
• The degree to which the Project complies with existing energy standards. • The effects of the Project on energy resources.
• The Project’s projected transportation energy use requirements and its overall use of efficient transportation alternatives.
State CEQA Guidelines, Appendix F assists EIR preparers in determining whether a Project will result in the inefficient, wasteful, and unnecessary use of energy. The discussion below analyzes the Project’s effect on energy resources.
Local
City of Menifee General Plan
Open Space & Conservation Element
The City’s General Plan (City GP) Open Space & Conservation Element provides policy direction for the City’s parks and open space areas, recreational trails, and the conservation, development, and utilization of the City's natural resources with an overall goal of maintaining the high quality of life Menifee residents Item Title: 11.2
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have enjoyed for generations, while also preserving and protecting the numerous nonrenewable and unique cultural and historic resources located within the City.8 Goals and policies from the Open Space & Conservation Element applicable to the Project include:
Goal OSC-4 Efficient and environmentally appropriate use and management of energy and mineral resources to ensure their availability for future generations.
Policy OCS-4.1 Apply energy efficiency and conservation practices in land use, transportation demand management, and subdivision and building design.
Policy OCS-4.2 Evaluate public and private efforts to develop and operate alternative systems of energy production, including solar, wind, and fuel cell.
4.5.4 Impact Thresholds and Significance Criteria
State CEQA Guidelines Appendix G has been utilized as significance criteria in this section. Accordingly, the Project would create a significant environmental impact if it causes one or more of the following to occur:
• Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during Project construction or operation. • Conflict with or obstructs a state or local plan for renewable energy or energy efficiency.
Methodology and Assumptions
This section analyzes energy use on three sources of energy that are relevant to the Project, including electricity, natural gas, and transportation fuel for vehicle trips associated with new development, as well as the fuel necessary for Project construction. The analysis of the Project’s electricity and natural gas use is based on the California Emissions Estimator Model (CalEEMod), which quantifies energy use for occupancy. The results of CalEEMod are included in Appendix B (Air Quality and Health Risk Assessments), Appendix G (Greenhouse Gas Assessment), and Appendix E (Energy Assessment) of this Draft EIR.
4.5.5 Impacts and Mitigation Measures
Impact 4.5-1 Would the Project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during Project construction or operation?
Level of Significance: Less than Significant
Construction
The Project is anticipated to be constructed in one phase. Construction is anticipated to occur over a period of approximately 15 months, beginning as early as February 1, 2024, with an anticipated completion date of April 30, 2025. The energy associated with Project construction includes electricity use 8 City of Menifee. (2013). Menifee General Plan Open Space & Conservation Element. Available at: https://www.cityofmenifee.us/250/OpenSpace-Conservation-Element Error! Hyperlink reference not valid.(accessed August 2023).
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associated with water utilized for dust control, diesel fuel from on-road hauling trips, vendor trips, and off-road construction diesel equipment, as well as gasoline fuel from on-road worker commute trips.
Because construction activities typically do not require natural gas, it is not included in the following discussion. The methodology for each category is discussed below. This analysis relies on the construction equipment list and operational characteristics, as stated in Section 4.2, Air Quality and Section 4.7, Greenhouse Gas Emissions. Quantifications of construction energy are provided for the Project below; see Table 4.5-3, Energy Use During Construction.
Table 4.5-3: Energy Use During Construction
Project Source
Total
Construction Energy
Riverside County
Annual Energy
Percentage Increase
Countywide
Electricity Use GWh
Water Use1 0.0087 17,780 0.00005%
Diesel Use Gallons
On-Road Construction Trips2 83,973
259,549,258
0.0324%
Off-Road Construction Equipment3 41,745 0.0161%
Construction Diesel Total 125,718 0.0484%
Gasoline Gallons
On-Road Construction Trips 56,412 698,621,144 0.0081%
1 Construction water use based on acres disturbed per day per construction sequencing and estimated water use per acre. 2 On-road mobile source fuel use based on vehicle miles traveled (VMT) from CalEEMod and fleet-average fuel consumption in gallons per mile from EMFAC2021 in Riverside County for construction year 2025. 3 Construction fuel use was calculated based on CalEEMod emissions outputs and conversion ratios from the Climate Registry.
Source: Refer to energy calculations in Draft EIR Appendix E.
Electricity
Water for Construction Dust Control. Electricity use associated with water use for construction dust control is calculated based on total water use and the energy intensity for supply, distribution, and treatment of water. The total number of gallons of water used is calculated based on acreage disturbed during grading and site preparation, as well as the daily watering rate per acre disturbed. • The total acres disturbed are calculated using the methodology described in Chapter 4.2 of Appendix A of the CalEEMod User’s Guide, available at: http://www.caleemod.com/. • The water application rate of 3,020 gallons per acre per day is from the Air and Waste Management Association’s Air Pollution Engineering Manual (1992).
The energy intensity value is based on the CalEEMod default energy intensity per gallon of water for Riverside County. As summarized in Table 4.5-3, the total electricity demand associated with water use for Project construction dust control would be approximately 0.0087 GWh over the duration of construction.
Petroleum Fuel
On-Road Diesel Construction Trips. The diesel fuel associated with on-road construction mobile trips is calculated based on vehicle miles traveled (VMT) from vehicle trips (i.e., worker, vendor, and hauling), the CalEEMod default diesel fleet percentage, and vehicle fuel efficiency in miles per gallon (MPG). VMT for Item Title: 11.2
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the entire construction period is calculated based on the number of trips multiplied by the trip lengths for each phase shown in CalEEMod. Construction fuel was calculated based on CalEEMod emissions outputs and conversion ratios from the Climate Registry.
9 Total diesel fuel consumption associated with on-road construction trips for the Project would be approximately 83,973 gallons (see Table 4.5-3).
Off-Road Diesel Construction Equipment. Similarly, the construction diesel fuel associated with the offroad construction equipment is calculated based on CalEEMod emissions outputs and conversion ratios from the Climate Registry. The total diesel fuel associated with Project off-road construction equipment is approximately 41,745 gallons (see Table 4.5-2).
On-Road Gasoline Construction Trips. The gasoline fuel associated with on-road construction mobile trips is calculated based on VMT from vehicle trips (i.e., worker, vendor, and hauling), the CalEEMod default gasoline fleet percentage, and vehicle fuel efficiency in MPG using the same methodology as the construction on-road trip diesel fuel calculation discussed above. The total gasoline fuel associated with Project on-road construction trips would be approximately 56,412 gallons (see Table 4.5-3).
Construction Energy Use Analysis
As indicated in Table 4.5-3, Project construction electricity use would represent approximately 0.00005 percent of the current electricity use in Riverside County. In 2025, Californians are anticipated to use approximately 13,873,601,586 gallons of gasoline and approximately 3,189,458,169 gallons of diesel fuel.10 Riverside County annual gasoline fuel use in 2025 is anticipated to be 698,621,144 gallons and diesel use would be approximately 259,549,258 gallons. Total Project construction gasoline fuel would represent approximately 0.008 percent of annual gasoline used in the County, and total Project construction diesel fuel would represent approximately 0.05 percent of annual diesel used in the County.
Total Project construction gasoline and diesel fuel would also represent 0.0004 percent of the State’s gasoline use and 0.004 percent of the State’s diesel use. Based on the total Project’s relatively low construction fuel use proportional to annual County use, the Project would not substantially affect existing energy fuel supplies or resources. New capacity or additional sources of construction fuel are not anticipated to be required.
SCE’s total energy demands are projected to be 114,658 GWh of electricity in 2024. 11 The Project’s
construction-related net annual electricity consumption of 0.0087 GWh would represent approximately
0.000008 percent of SCE’s projected demand. Therefore, it is anticipated that SCE’s existing and planned electricity capacity and electricity supplies would be sufficient to serve the Project’s temporary construction electricity demand. Transportation fuels (gasoline and diesel) are produced from crude oil, which can be domestic or imported from various regions around the world. Based on current proven reserves, current crude oil production would be sufficient to meet 50 years of worldwide consumption.12 9 The Climate Registry. (2023). Available at: https://theclimateregistry.org/ (accessed January 2024). 10 California Air Resources Board. (2021). EMFAC - Emissions Inventory. Retrieved from CARB Website: https://arb.ca.gov/emfac (accessed March 2024).
11 California Energy Commission, CED 2021-2035 Baseline Forecast –SCE High Demand Case https://www.energy.ca.gov/datareports/reports/integrated-energy-policy-report/2021-integrated-energy-policy-report/2021-1 12 BP Global, Statistical Review of World Energy, 2021.
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As such, it is expected that existing and planned transportation fuel supplies would be sufficient to serve the Project’s temporary construction demand.
Furthermore, there are no unusual characteristics that would necessitate the use of construction equipment that would be less energy-efficient than at comparable construction sites in the region or state.
In addition, some energy conservation would occur during construction through compliance with State requirements that equipment not in use for more than five minutes be turned off. Project construction equipment would also be required to comply with the latest EPA and CARB engine emissions standards.
These engines use highly efficient combustion engines to minimize unnecessary fuel use.
The Project would involve construction activities that would use energy, primarily in the form of diesel fuel (e.g., mobile construction equipment) and electricity (e.g., power tools). Contractors would be required to monitor air quality emissions of construction activities using applicable regulatory guidance such as from SCAQMD CEQA Guidelines. Additionally, construction is subject to and would comply with California regulations (e.g., California Code of Regulations, Title 13, Sections 2485 and 2449), which reduce diesel PM and criteria pollutant emissions from in-use off-road diesel-fueled vehicles and limit the idling of heavy-duty construction equipment to no more than five minutes. This requirement indirectly relates to construction energy conservation because when air pollutant emissions are reduced from the monitoring and the efficient use of equipment and materials, energy use is reduced. There are no aspects of the Project that would foreseeably result in the inefficient, wasteful, or unnecessary use of energy during construction activities.
Due to increasing transportation costs and fuel prices, contractors and owners have a strong financial incentive to avoid wasteful, inefficient, and unnecessary use of energy during construction. There is growing recognition among developers and retailers that sustainable construction is not prohibitively expensive and that there is a significant cost-savings potential in green building practices. Substantial reduction in energy inputs for construction materials can be achieved by selecting building materials composed of recycled materials that require substantially less energy to produce than non-recycled materials. The Project-related incremental increase in the use of energy bound in construction materials such as asphalt, steel, concrete, pipes, and manufactured or processed materials (e.g., lumber and gas) would not substantially increase demand for energy compared to overall local and regional demand for construction materials. It is reasonable to assume that production of building materials such as concrete, steel, etc., would employ all reasonable energy conservation practices in the interest in minimizing the costs of business.
As described above, the Project’s fuel consumption and energy usage from the entire construction period would increase fuel use in the County by less than one percent. It should be noted that the State CEQA Guideline Appendix G and Appendix F criteria require the Project’s effects on local and regional energy supplies and on the requirements for additional capacity to be addressed. A less than one percent increase in temporary demand is not anticipated to trigger the need for additional capacity. Project construction would have a nominal effect on the local and regional energy supplies. Additionally, use of construction fuel would be temporary and would cease once the Project is fully developed. As such, Project construction would have a nominal effect on the local and regional energy supplies.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 323
Menifee Mayor and City Council November 20, 2024 Page 1169 of 2294 City of Menifee
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As stated above, there are no unusual characteristics that necessitate the use of construction equipment that would be less energy-efficient than at comparable construction sites in the region or state. It is expected that construction fuel use associated with the Project would not be any more inefficient, wasteful, or unnecessary than other similar development projects of this nature. Therefore, potential impacts are considered less than significant.
Operations
The Project would be constructed in one phase and is anticipated to be operational in 2025. The energy consumption associated with Project operations would occur from building energy (electricity and natural gas) use, water use, and transportation-related fuel use. The methodology for each category is discussed below.
Annual energy use during operations is shown in Table 4.5-4: Project Annual Energy Use During Operations.
Table 4.5-4: Project Annual Energy Use During Operations Project Source
Annual Operational
Energy
Riverside County
Annual Energy
Percentage Increase
Countywide
Electricity Use GWh
Total Electricity (Electricity
Demand + Water Conveyance) 2.10 17,780 0.01%
Natural Gas Use Therms
Area1 14,213 436,941,555 0.003%
Diesel Use Gallons
Mobile2 199,539 259,549,258 0.08%
Gasoline Use Gallons
Mobile2 499,561 698,621,144 0.07%
1 The natural gas and water usage are based on Project-specific estimates and CalEEMod defaults. Building electricity usage provided by the project developer and construction contractor.
2 Calculated based on the mobile source fuel use based on vehicle miles traveled (VMT) and fleet-average fuel consumption (in gallons per mile) from EMFAC2017 for operational year 2025.
Source: Refer to energy calculations in Draft EIR Appendix E.
Petroleum Fuel
The gasoline and diesel fuel associated with on-road vehicular trips is calculated based on total VMT calculated for the analyses within Section 4.2: Air Quality, and Section 4.7: Greenhouse Gas Emissions, and average fuel efficiency from the EMFAC model. The EMFAC fuel efficiency data incorporates the Pavley Clean Car Standards and the Advanced Clean Cars Program.13 As summarized in Table 4.5-4, the total gasoline and diesel fuel associated with on-road trips would be approximately 499,561 gallons per year and 199,539 gallons per year, respectively.
13 The CARB EMFAC 2017 Technical Documentation from March 2018 notes that emissions are estimated with all current controls active, except Low Carbon Fuel Standards (LCFS). The reason for excluding LCFS is that most of the emissions benefits due to the LCFS come from the production cycle (upstream emissions) of the fuel rather than the combustion cycle (tailpipe). As a result, LCFS is assumed to not have a significant impact on CO2 emissions from EMFAC’s tailpipe emission estimates.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 324
Menifee Mayor and City Council November 20, 2024 Page 1170 of 2294 City of Menifee
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Electricity
The electricity use during Project operations was calculated outside of CalEEMod based on Projectspecific data provided by the applicant. The Project would use approximately 2.10 GWh of electricity per year (see Table 4.5-4). The electricity associated with water treatment and conveyance for use by the Project is estimated based on the annual water use and the energy intensity factor is the CalEEMod default energy intensity per gallon of water for Riverside County. Project area water use is based on the CalEEMod default rates. The Project would use approximately 137 million gallons annually of water annually which would require approximately 1.77 GWh per year for treatment and conveyance.
Natural Gas
The methodology used to calculate the natural gas use associated with the Project is based on CalEEMod default rates. The Project would use 14,213 therms of natural gas per year (see Table 4.5-4).
Operational Energy Use Analysis
Operation of the Project would annually use approximately 2.1 GWh of electricity; 14,213 therms of natural gas; 499,561 gallons of gasoline; and 199,539 gallons of diesel.
Section 4.7: Greenhouse Gas Emissions includes mitigation measures that would reduce energy consumption. MM GHG-1 requires the Project to install a minimum 49 kwdc solar photovoltaic (PV) system or offset an equivalent amount of energy demand through the purchase of renewable energy or implementation of alternative renewable measures.
Californians used 287,826 GWh of electricity in 2022, of which Riverside County used 17,780 GWh. The Project’s operational electricity use would represent 0.0001 percent of electricity used in the state, and
0.02 percent of the energy use in Riverside County. The Project’s electricity consumption estimated above includes reductions associated with compliance with the 2022 Title 24 building code and PV panels to generate electricity for portion of the Project. Regarding natural gas, Californians used 11,711 million therms of natural gas and 431 million therms of natural gas in Riverside County in 2022. Therefore, the Project’s operational natural gas use would represent 0.0001 percent of California’s usage and 0.003 percent of Riverside County’s natural gas use.
Riverside County annual gasoline fuel use in 2025 is anticipated to be 698,621,144 gallons and diesel fuel is anticipated to be 259,549,258 gallons. Expected Project operational use of gasoline and diesel would represent 0.07 percent of gasoline use and 0.08 percent of diesel use in the County.
Based on the California Energy Demand 2021-2035 Baseline Forecast,14 SCE’s total energy demand in 2030 will be 127,858 GWh of electricity. As such, the Project-related net annual electricity consumption of
2.1 GWh would represent approximately 0.002 percent of SCE’s projected demand in 2030. SCE would review the Project’s estimated electricity consumption in order to ensure that the estimated power requirement would be part of the total load growth forecast for their service area and accounted for in the planned growth of the power system. Based on these factors, it is anticipated that SCE’s existing and 14 California Energy Commission, CED 2021-2035 Baseline Forecast –Tables High Demand Case https://efiling.energy.ca.gov/GetDocument.aspx?tn=241209.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 325
Menifee Mayor and City Council November 20, 2024 Page 1171 of 2294 City of Menifee
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planned electricity capacity and electricity supplies would be sufficient to serve the Project’s electricity demand.
Based on the 2022 California Gas Report, the California Energy and Electric Utilities estimates natural gas consumption within SoCalGas’ planning area will be approximately 2,735 million cubic feet per day in 2025.
15 Accordingly, the Project’s 14,213 therms (1.42 million cubic feet) of annual natural gas consumption would account for approximately 0.05 percent of the forecasted natural gas consumption in the SoCalGas planning area. As such, the Project’s consumption of natural gas is expected to fall within SoCalGas’ projected consumption and supplies for the area. According to the United States Energy Information Administration (EIA), the United States currently has over 80 years of natural gas reserves based on 2018 consumption.16
Transportation fuels (gasoline and diesel) are produced from crude oil, which can be domestic or imported from various regions around the world. Based on current proven reserves, current crude oil production would be sufficient to meet 50 years of worldwide consumption.17 As such, it is expected that existing and planned transportation fuel supplies would be sufficient to serve the Project’s demand.
All of the Project’s energy uses are far less than one percent of their corresponding County use. Project operations would not substantially affect existing energy or fuel supplies or resources. The Project would comply with applicable energy standards and new capacity would not be required. Impacts would be less than significant.
Compliance With Energy Efficiency Measures
As discussed above, California’s Energy Efficiency Standards for Residential and Non-Residential Buildings create uniform building codes to reduce California’s energy use and provide energy efficiency standards for residential and non-residential buildings. These standards are incorporated within the California Building Code and are expected to substantially reduce the growth in electricity and natural gas use. 2022 Title 24 standards for nonresidential buildings focuses on encouraging electric heat pump technology and use, promoting electric-ready buildings to get owners to use cleaner electric heating, cooking, and vehicle charging, and expanding solar photovoltaic systems and battery storage systems to reduce reliance on fossil fuel power plants.
Regarding water energy conservation, the Project would incorporate drought-tolerant landscaping throughout portions of the site. Water-efficient irrigation controls would also be used in landscape areas.
Comprehensive water conservation strategies would be developed to each respective land use as part of the Project plan development. Buildings would incorporate water-efficient fixtures and appliances, to comply with Title 24.
It should also be noted that SCE is subject to California’s Renewables Portfolio Standard (RPS). The RPS requires investor-owned utilities, electric service providers, and community choice aggregators to 15 California Gas and Electric Utilities. (2022). 2022 California Gas Report. Retrieved from:
https://www.socalgas.com/sites/default/files/Joint_Utility_Biennial_Comprehensive_California_Gas_Report_2022.pdf (accessed August 2023). 16 U.S. Energy Information Administration, Frequently Asked Questions, How Much Natural Gas Does the United States Have, and How Long Will It Last?, February 2021.
17 BP Global, Statistical Review of World Energy, 2021.
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Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 326
Menifee Mayor and City Council November 20, 2024 Page 1172 of 2294 City of Menifee
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increase total procurement from eligible renewable energy resources to 50 percent by 2030. SB 100 revised the goal of the program to achieve the 50 percent renewable resources target by December 31, 2026, and to achieve a 60 percent target by December 31, 2030. SB 100 also established a further goal to have an electric grid that is entirely powered by clean energy by 2045. Renewable energy is generally defined as energy that comes from resources which are naturally replenished within a human timescale such as sunlight, wind, tides, waves, and geothermal heat.
As discussed above, California’s Energy Efficiency Standards create uniform building codes to reduce California’s energy use and provide energy efficiency standards for residential and non-residential buildings. These standards are incorporated within the California Building Code and are expected to substantially reduce the growth in electricity and natural gas use.
None of the Project energy uses exceed one percent of the corresponding uses within the County. Project operations would not substantially affect existing energy or fuel supplies or resources. All Project buildings will comply with energy and fuel efficiency laws and regulations; thus, the Project would not be wasteful or inefficient. In addition, MM GHG-1 requires the Project to install a 49 kwdc solar photovoltaic (PV) panel system. Therefore, potential impacts are considered less than significant.
Mitigation Measures
No mitigation is required.
Impact 4.5-2 Would the Project conflict with or obstruct a State or Local plan for renewable energy or energy efficiency?
Level of Significance: Less than Significant
As discussed in Impact 4.5-1 above, the energy conservation policies and plans relevant to the Project include the California Title 24 energy standards and the CALGreen Building Code. The Project would be required to comply with these existing energy standards. Compliance with state and local energy efficiency standards would ensure that the Project meets all applicable energy conservation policies and regulations. As such, the Project would not conflict with applicable plans for renewable energy or energy efficiency. SCAG’s 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (Connect SoCal) (RTP/SCS), adopted in September 2020, integrates transportation, land use, and housing to meet GHG reduction targets set by CARB. The document establishes GHG emissions goals for automobiles and light-duty trucks, as well as an overall GHG target for the region consistent with both the target date of AB 32 and the post-2020 GHG reduction goals of SB 375. The Project would not conflict with the stated goals of the RTP/SCS, as identified in Section 4.10, Land Use and Planning. Potential impacts are considered less than significant. Additionally, the Project would be consistent with all applicable Menifee GP policies concerning energy efficiency, as identified in Section 4.10, Land Use and Planning.
Conformance with all applicable laws, regulations, and policies would ensure that the Project not conflict with or obstruct a State or local plan for renewable energy or energy efficiency.
Mitigation Measures
No mitigation is required.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 327
Menifee Mayor and City Council November 20, 2024 Page 1173 of 2294 City of Menifee
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4.5.6 Cumulative Impacts
Potential cumulative impacts to energy would result if the Project, in combination with past, present, and future projects, would result in the wasteful or inefficient use of energy. This could result from development that would not incorporate sufficient building energy efficiency features, would not achieve building energy efficiency standards, or would result in the unnecessary use of energy during construction and/or operation.
The cumulative projects within the areas serviced by the energy service providers would be applicable to this analysis. All projects listed in Table 3-1 Cumulative Projects List are within the service area of SCE and SoCalGas and therefore are applicable to this cumulative analysis. Projects that include development of large buildings or other structures that would have the potential to consume energy in an inefficient manner would have the potential to contribute to a cumulative impact.
Construction and operations associated with implementation of the Project would result in the use of energy, but not in an inefficient or wasteful manner. The use of energy would not be substantial in comparison to statewide electricity, natural gas, gasoline, and diesel demand; refer to Table 4.5-3. As discussed above, the Project-related construction electricity consumption would represent approximately
0.000005 percent of SCE generated electricity. The electricity used for construction would be less than that required during operation of the Project, would be temporary and would have a minimal contribution to the Project’s overall energy consumption. Construction of the Project would not typically involve the consumption of natural gas. The Project’s construction electricity consumption would be negligible relative to SCE’s generated electricity and electricity supplies would be sufficient to serve the Project’s temporary construction electricity demand.
During operations the Project-related net annual electricity consumption would represent approximately
0.002 percent of SCE’s projected sales in 2030. SCE would review the Project’s estimated electricity consumption in order to ensure that the estimated power requirement would be part of the total load growth forecast for their service area and accounted for in the planned growth of the power system. The Project’s natural gas consumption would account for approximately 0.05 percent of the forecasted natural gas in the SoCalGas planning area. It should be noted that the planning projections of SCE and SoCalGas consider planned development for their service areas and are in and of themselves providing for cumulative growth. Therefore, it is likely that the cumulative growth associated with the related projects is already accounted for in the planning of future supplies to cover projected demand.
SCE and SoCalGas have policies, programs, and projects in place to provide continued, adequate energy to their users, including the Project. Substantial reductions to the cumulative demand for energy can result from an increased reliance on renewable energy systems (as required by the State’s Renewable Portfolio Standards) and the construction of energy-efficient buildings. Cumulative projects would be subject to applicable Title 24 and CALGreen requirements similar to the Project, which includes energy efficiency standards to minimize the wasteful and inefficient use of energy.
Furthermore, transportation fuels (gasoline and diesel) are produced from crude oil, which can be domestic or imported from various regions around the world. Based on current proven reserves, current Item Title: 11.2
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crude oil production would be sufficient to meet 50 years of worldwide consumption.18 As such, it is expected that existing and planned transportation fuel supplies would be sufficient to serve the Project’s construction and operational demand. New capacity or supplies of energy resources would not be required. Additionally, the Project would be subject to compliance with all federal, state, and local requirements for energy efficiency. State regulations, including the Low Carbon Fuel Standard, Pavley Clean Car Standards, and Low Emission Vehicle Program, would serve to reduce the transportation fuel demand of cumulative projects.
In consideration of cumulative energy use, the Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. Additionally, as discussed above, the Project would increase overall electricity and natural gas demand but would not require additional facilities other than local connections to, or undergrounding of, existing facilities in the Project vicinity. Therefore, the Project’s incremental demand for electricity and natural gas facilities would not be cumulatively considerable. Thus, the Project would not contribute to a cumulative impact to the wasteful or inefficient use of energy. A less than significant cumulative impact would occur.
The Project and new development projects located within the cumulative study area would also be required to comply with all the same applicable federal, state, and local measures aimed at reducing fossil fuel consumption and the conservation of energy. The anticipated Project impacts, in conjunction with cumulative development in the vicinity, would increase urbanization and result in increased energy use.
Potential land use impacts are site-specific and require evaluation on a case-by-case basis. As noted above, the Project would not result in significant impacts to state or local plans for renewable energy or energy efficiency. Therefore, the Project and identified cumulative projects are not anticipated to result in a significant cumulative impact. Therefore, potential impacts are considered less than significant.
4.5.7 Significant Unavoidable Impacts
No significant unavoidable energy impacts have been identified.
4.5.8 References
BP Global, Statistical Review of World Energy, 2021.
California Air Resources Board. (2021). EMFAC - Emissions Inventory. Retrieved from CARB Website:
https://arb.ca.gov/emfac
California Department of Tax and Fee Administration. (2023). Net Taxable Gasoline Gallons. Retrieved from CDTFA Website: https://www.cdtfa.ca.gov/taxes-and-fees/spftrpts.htm California Energy Commission, CED 2021-2035 Baseline Forecast – SCE High Demand Case, https://www.energy.ca.gov/data-reports/reports/integrated-energy-policy-report/2021- integrated-energy-policy-report/2021-1
18 BP Global, Statistical Review of World Energy, 2021.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 329
Menifee Mayor and City Council November 20, 2024 Page 1175 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.5-18 4.5 | Energy
California Energy Commission. (2022). Electricity Consumption by County. Retrieved from CEC Website:
http://ecdms.energy.ca.gov/elecbycounty.aspx.
California Energy Commission. (2022). Electricity Consumption by Southern California Edison. Retrieved from CEC Website: http://ecdms.energy.ca.gov/elecbyutil.aspx.
California Energy Commission. (2022). Gas Consumption by County. Retrieved from CEC Website:
http://ecdms.energy.ca.gov/gasbycounty.aspx.
California Energy Commission. (2020). Gas Consumption by Southern California Gas. Retrieved from CEC Website: http://ecdms.energy.ca.gov/gasbyutil.aspx.
California Gas and Electric Utilities. (2022). 2022 California Gas Report. Retrieved from:
https://www.socalgas.com/sites/default/files/Joint_Utility_Biennial_Comprehensive_California_ Gas_Report_2022.pdf.
City of Menifee. (2013). Menifee General Plan Open Space & Conservation Element. Available at:
https://www.cityofmenifee.us/250/Open-Space-Conservation-Element.
Southern California Gas Company. (2024). About Us. Retrieved from: https://www.socalgas.com/ Southern California Gas Company. (2022). 2022 California Gas Report. Retrieved from:
https://www.socalgas.com/sites/default/files/Joint_Utility_Biennial_Comprehensive_California_ Gas_Report_2022.pdf.
Southern California Edison. (2024). By the Numbers: Who We Serve. Retrieved from:
https://www.sce.com/about-us/who-we-are.
Southern California Edison. (2022). 2022 Annual Power Content Label. Retrieved from:
https://www.sce.com/sites/default/files/customfiles/PDF_Files/SCE_2022_Power_Content_Label_B%26W.pdf.
U.S. Energy Information Administration (2024). California Energy Consumption Estimates. Retrieved from:
https://www.eia.gov/state/print.php?sid=CA.
U.S. Energy Information Administration, Frequently Asked Questions, How Much Natural Gas Does the United States Have, and How Long Will It Last?, February 2021.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 330
Menifee Mayor and City Council November 20, 2024 Page 1176 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.6-1 4.6 | Geology and Soils
4.6 GEOLOGY AND SOILS
4.6.1 Introduction
The purpose of this section is to describe the existing regulatory and environmental conditions related to the geologic, soil, and seismic characteristics within the CADO Menifee Industrial Warehouse Project (Project). This section identifies potential impacts that could result from implementation of the Project, and as necessary, recommends mitigation measures to reduce potentially significant impacts. The issues addressed in this section are risks associated with faults, strong seismic ground shaking, seismic-related ground failure such as liquefaction, landslides, substantial erosion or the loss of topsoil, and unstable geological units and/or soils.
The environmental setting discussion is based largely on review of aerial photographs and maps of the Project site and its surroundings. Other information in this section, such as regulatory framework, is derived from the various planning documents including the City of Menifee General Plan (GP), Federal Occupational Safety and Health Administration (OSHA) Regulations, Seismic Hazards Mapping Act (SHMA) of 1990, the U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS), the California Geological Survey, and pertinent State of California building codes.
The analysis in this section is based, in part, upon the following source(s):
• Geotechnical and Infiltration Evaluation for Proposed Warehouse, GeoTek, Inc., June 2021. See Appendix F.
• BCR Consulting LLC (BCR) (2022). Phase I Cultural Resources Assessment (CRA). See Appendix C.
4.6.2 Environmental Setting
Regional Geologic Setting
The Project site is situated in the Peninsular Ranges geomorphic province. The Peninsular Ranges province is one of the largest geomorphic units in western North America. It extends approximately 975 miles south of the Transverse Ranges geomorphic province to the tip of Baja California. This province varies in width from about 30 to 100 miles. It is bounded on the west by the Pacific Ocean, on the south by the Gulf of California and on the east by the Colorado Desert Province.
The Peninsular Ranges are essentially a series of northwest-southeast oriented fault blocks. Several major fault zones are found in this province. The Elsinore Fault zone and the San Jacinto Fault zone trend northwest-southeast and are found near the middle of the province. The San Andreas Fault zone borders the northeasterly margin of the province. More specific to the subject property, the site is in an area geologically mapped to be underlain by tonalite. No active faults are shown in the immediate Project site vicinity on the maps reviewed for the area.
Local Geologic Setting
The Project site is located approximately 1.5 miles west of Interstate 215 (I-215) and approximately
3.0 miles south of State Highway (SH) 74, within the City of Menifee, County of Riverside. Access to the Item Title: 11.2
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site is available from Wheat Street, Kuffel Road and Byers Road, all unimproved dirt roads located adjacent to the western, northern, and eastern boundaries of the Project site, respectively. The Project site is bordered to the northeast and southeast by residential and agricultural developments with vacant land situated to the southwestern edge of the site. Several dirt paths and trails trend throughout the Project site. Topographically, the Project site slopes gently downward to the north at an approximate two percent gradient. Elevation of the southern portion of the site is approximately 1,460 feet with approximately 30 feet of elevation differential across the site. The site was vegetated with a sparse covering of grass.
Geotechnical Conditions
A geotechnical study was performed by GeoTek Inc. (GeoTek), in order to gather information about the properties of the soil and rock makeup of the Project site. The subsurface exploration conducted for this Project consisted of six borings advanced to depths of 9.3 to 15.1 feet below the existing site grades. The approximate locations of the borings are indicated on the Boring Location Map, included as Figure 2 of the Geotechnical Investigation (see Appendix F). Site reconnaissance, subsurface exploration, field testing, and engineering analysis were also conducted to determine the infiltration rates of the on-site soils. These studies provided information regarding baseline geologic conditions of the Project site.
Older Alluvium
A thin veneer of older alluvial soil was present at the ground surface within the borings. Where encountered, the older alluvium consisted of a dense to very dense silty sand or hard sandy silt or sandy clay. The older alluvium, where encountered, ranged from about 2 to 6 feet thick.
Based on the results of laboratory testing, the older alluvial soils are considered to have a “very low” (0-20) to “low” (21-50) expansion potential.
Granitic Bedrock (Tonalite)
Granitic bedrock was encountered beneath the older alluvium in all the exploratory borings. Where weathered, the granitic bedrock was generally sampled as a very dense silty sand. Auger refusal was encountered within the granitic bedrock at depths ranging from about 9.3 to 15.1 feet below existing grade.
Surface Water
If encountered during earthwork operations, surface water on the Projectsite is the result of precipitation or possibly some minor surface run-off from the surrounding areas. Overall Project site drainage varies due to the site topography.
Groundwater
Groundwater was not encountered within any of the test borings drilled at the site. Based on the presence of shallow granitic bedrock and the lack of groundwater in the borings, it is estimated that the depth to high groundwater at the Project site is greater than about 50 feet below grade. According to the geotechnical investigation, review of the Project site area geomorphology and geology, groundwater is not anticipated to adversely affect the proposed improvements.
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Faulting and Seismicity
The geologic structure of the entire California area is dominated mainly by northwest-trending faults associated with the San Andreas system. The Project site is in a seismically active region. However, the site is not situated within a State of California designated “Alquist-Priolo” Earthquake Fault Zone. The nearest known active fault is the Elsinore fault zone located about 10 miles to the southwest.
Geologic Hazards
Liquefaction and Related Ground Failure
Liquefaction describes a phenomenon in which cyclic stresses, produced by earthquake-induced ground motion, create excess pore pressures in relatively cohesionless and some low-plastic silt and clay soils.
These soils may thereby acquire a high degree of mobility, which can lead to lateral movement, sliding, settlement of loose sediments, sand boils and other damaging deformations. This phenomenon occurs only below the water table, but, after liquefaction occurs, the liquefied soil/water matrix can propagate upward into overlying non-saturated soil as excess pore water dissipates.
The factors known to influence liquefaction potential include soil type and grain size, relative density, plasticity, groundwater level, confining pressures, and both intensity and duration of ground shaking. In general, materials that are susceptible to liquefaction are loose, saturated granular soils having low fines content under low confining pressures and some low plastic silts and clays.
According to the geotechnical investigation, the Project site is not located within an area mapped as being susceptible to liquefaction and is not susceptible to liquefaction during a seismic event. Due to the presence of shallow bedrock, seismic induced (“dry sand”) settlements are estimated to be minimal.
Due to the general flat terrain, the potential for seismic induced landslides or lateral spreading is considered non-existent. The potential for secondary seismic hazards such as a seiche and tsunami is considered negligible due to site elevation and distance from an open body of water.
Expansive Soils
Laboratory testing performed on representative samples of the near surface soils indicates that these materials possess very low to low expansion potentials. Based on the expansion index testing performed and visual examination of the Project site soils, the site soils possess a “low” (21-50) expansion potential (ASTM D4829). Therefore, it is GeoTek’s opinion that conventional foundations supported by engineered fill and/or granitic bedrock may be used for the Project site.
Soluble Sulfates
Soluble sulfates are naturally present in soils, and if the concentration is high enough, can result in degradation of concrete which comes into contact with these soils. The results of the soluble sulfate testing indicate that the selected samples of the on-site soils contain concentrations of soluble sulfates that are less than 0.1 percent by weight, which is considered negligible, with respect to the American Concrete Institute (ACI) Publication 318-14 Building Code Requirements for Structural Concrete and Item Title: 11.2
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Commentary, Section 4.3. Therefore, based upon the test results, no special recommendations for concrete are required for the Project due to soil sulfate exposure.
Corrosive Soils
The results of laboratory testing indicate that representative samples of the on-site soils possess saturated resistivity values of 4,422 ohm-cm, and pH values of 8.9. Based on these factors, the on-site soils are considered to be corrosive to buried ferrous metal in accordance with current standards used by corrosion engineers. Therefore, based on these test results, it is recommended that a corrosion engineer be consulted to provide recommendations for the protection of buried ferrous metal at the Project site.
Shrinkage/Bulking
For planning purposes, a shrinkage loss of less than about 5.0 percent is anticipated for excavations within the older alluvium at the site. A bulking factor of about 5.0 to 15.0 percent is estimated for excavations extending into the underlying bedrock materials. Due to the presence of shallow granitic bedrock, a negligible subsidence factor is also anticipated. Several factors will impact earthwork balancing on the site, including shrinkage, trench spoil from utilities and footing excavations, as well as the accuracy of topography. Shrinkage and bulking are primarily dependent upon the compact effort degree achieved during construction, depth of fill and underlying site conditions. Site balance areas should be available in order to adjust project grades, depending on actual field conditions at the conclusion of earthwork construction.
Paleontological Resources
A Paleontological Overview was prepared for the Project site, by Western Science Center. According to the Paleontological Overview, the geologic units underlying the Project area are mapped as middle to early Pleistocene alluvial gravel, silt, sand, and clay, and as Cretaceous grandiorite and tonalite. While the grandiorite and tonalite units are considered to be of low paleontological value, the Pleistocene alluvial units are considered highly paleontologically sensitive. Western Science Center does not have localities within the Project area or within a one-mile radius, but does have numerous localities in similarly mapped Pleistocene units in the City.
Any fossil specimens recovered from the Project site would be scientifically significant. Excavation activity associated with development of the Project area would impact the paleontologically sensitive Pleistocene units, and it is the recommendation of the Western Science Center that a paleontological resource mitigation program be put in place to monitor, salvage, and curate any recovered fossils associated with the current Project area.
4.6.3 Regulatory Setting
Federal
Earthquake Hazards Reduction Act
The Earthquake Hazards Reduction Act was enacted in 1997 to “reduce the risks to life and property from future earthquakes in the United States through the establishment and maintenance of an effective Item Title: 11.2
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earthquake hazards and reduction program.” To accomplish this, the act established the National Earthquake Hazard Reduction Program (NEHRP), which refined the description of agency responsibilities, program goals, and objectives. NEHRP’s mission includes improved understanding, characterization, and prediction of hazards and vulnerabilities; improvement of building codes and land use practices; risk reduction through post-earthquake investigations and education; development and improvement of design and construction techniques; improvement of mitigation capacity; and accelerated application of research results. NEHRP designates the Federal Emergency Management Agency as the lead agency of the program and assigns it several planning, coordinating, and reporting responsibilities. Programs under NEHRP help inform and guide planning and building code requirements such as emergency evacuation responsibilities and seismic code standards.
State
Alquist-Priolo Earthquake Fault Zoning Act
The California Alquist-Priolo Earthquake Fault Zoning Act was signed into state law in 1972, and amended, with its primary purpose being to mitigate the hazard of fault rupture by prohibiting the location of structures for human occupancy across the trace of an active fault. This act (or state law) was a direct result of the 1971 San Fernando Earthquake, which was associated with extensive surface fault ruptures that damaged numerous homes, commercial buildings, and other structures. The act requires the State Geologist to delineate regulatory zones known as “earthquake fault zones” along faults that are “sufficiently active” and “well defined” and to issue and distribute appropriate maps to all affected cities, counties, and state agencies for their use in planning and controlling new or renewed construction.
Pursuant to this act and as stipulated in § 3603(a) of the California Code of Regulations (CCR), structures for human occupancy are not permitted to be placed across the trace of an active fault. The act also prohibits structures for human occupancy within 50 feet of the trace of an active fault, unless proven by an appropriate geotechnical investigation and report that the development site is not underlain by active branches of the active fault, as stipulated in § 3603(a) of the CCR. Furthermore, the act requires that cities and counties withhold development permits for sites within an earthquake fault zone until geologic investigations demonstrate that the sites are not threatened by surface displacement from future faulting, as stipulated in § 3603(d) of the CCR.
Seismic Hazard Mapping Act
The Seismic Hazard Mapping Act was adopted by the state in 1990 for the purpose of protecting the public from the effects of non-surface fault rupture earthquake hazards, including strong ground shaking, liquefaction, seismically induced landslides, or other ground failure caused by earthquakes. The goal of the act is to minimize loss of life and property by identifying and mitigating seismic hazards. The California Geological Survey (CGS) prepares and provides local governments with seismic hazard zones maps that identify areas susceptible to amplified shaking, liquefaction, earthquake-induced landslides, and other ground failures.
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California Building Code
Current law states that every local agency enforcing building regulations, such as cities and counties, must adopt the provisions of the California Building Code (CBC) within 180 days of its publication. The publication date of the CBC is established by the California Building Standards Commission, and the code is under Title 24, Part 2, of the CCR. The CBC provides minimum standards to protect property and public safety by regulating the design and construction of excavations, foundations, building frames, retaining walls, and other building elements to mitigate the effects of seismic shaking and adverse soil conditions.
The CBC contains provisions for earthquake safety based on factors including occupancy type, the types of soil and rock on-site, and the strength of ground shaking with a specified probability at a site. The 2022 CBC took effect on January 1, 2023. Requirements for geotechnical investigations are included in CBC Appendix J, Grading, § J104; additional requirements for subdivisions requiring tentative and final maps and for other specified types of structures are in California Health and Safety Code (HSC) § 17953 to § 17955 and in CBC § 1802. Testing of samples from subsurface investigations is required, such as from borings or test pits. Studies must be done as needed to evaluate slope stability, soil strength, position and adequacy of load-bearing soils, the effect of moisture variation on load-bearing capacity, compressibility, liquefaction, differential settlement, and expansiveness. CBC § J105 sets forth requirements for inspection and observation during and after grading.
Storm Water Pollution Prevention Plans
Pursuant to the Clean Water Act (CWA), in 2012, the State Water Resources Control Board (SWRCB) issued a statewide general National Pollutant Discharge Elimination System (NPDES) Permit for stormwater discharges from construction sites (NPDES No. CAS000002). Under this Statewide General Construction Activity permit, discharges of stormwater from construction sites with a disturbed area of one or more acres are required to either obtain individual NPDES permits for stormwater discharges or be covered by the General Permit. Coverage by the General Permit is accomplished by completing and filing a Notice of Intent with the SWRCB and developing and implementing a Storm Water Pollution Prevention Plan (SWPPP). Each applicant under the General Construction Activity Permit must ensure that an SWPPP is prepared prior to grading and is implemented during construction. The SWPPP must list best management practices (BMPs) implemented on the construction site to protect stormwater runoff and must contain a visual monitoring program; a chemical monitoring program for “non-visible” pollutants to be implemented if there is a failure of BMPs; and a monitoring plan if the site discharges directly to a water body listed on the state’s 303(d) list of impaired waters.
California Public Resources Code
The State of California Public Resources Code (PRC), Chapter 1.7, § 5097.5 and § 30244, includes additional state level requirements for the assessment and management of paleontological resources. These statutes require reasonable mitigation of adverse impacts to paleontological resources resulting from development on state lands, define the removal of paleontological “sites” or “features” from state lands as a misdemeanor, and prohibit the removal of any paleontological “site” or “feature” from state land without permission of the jurisdictional agency. These protections apply only to State of California land.
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Local
City of Menifee General Plan
Safety Element
The Menifee GP Safety Element provides a strategy for city staff, residents, developers, and business owners to effectively address natural and man-made hazards in Menifee, including seismic and geological issues; flood hazards; fire hazards; hazardous materials; wind hazards; and disaster preparedness, response, and recovery.
1 Goals and policies from the Safety Element applicable to the Project include:
Goal S-1 A community that is minimally impacted by seismic shaking and earthquake-induced or other geologic hazards.
Policy S-1.1 Require all new habitable buildings and structures to be designed and built to be seismically resistant in accordance with the most recent California Building Code adopted by the city.
Goal S-2 A community that has used engineering solutions to reduce or eliminate the potential for injury, loss of life, property damage, and economic and social disruption caused by geologic hazards such as slope instability; compressible, collapsible, expansive or corrosive soils; and subsidence due to groundwater withdrawal.
Policy S-2.1 Require all new developments to mitigate the geologic hazards that have the potential to impact habitable structures and other improvements.
Policy S-2.2 Monitor the losses caused by geologic hazards to existing development and require studies to specifically address these issues, including the implementation of measures designed to mitigate these hazards, in all future developments in these areas.
Policy S-2.3: Minimize grading and modifications to the natural topography to prevent the potential for man-induced slope failures.
Menifee Municipal Code Title 8, Chapter 8.26 – Grading Regulations.2 The City of Menifee Municipal Code (Menifee MC) Title 8, Chapter 8.26 regulates grading work to protect against potential slope and wall failure and adverse impacts on the proper use and enjoyment of property, environmentally sensitive areas and biological and wildlife resources within and surrounding the City, and the health safety, welfare of public.
4.6.4 Impact Thresholds and Significance Criteria
State CEQA Guidelines Appendix G has been utilized as significance criteria in this section. Accordingly, the development of the Project site would have a significant environmental impact if one or more of the following occurs:
1 City of Menifee. (2013). Menifee General Plan Safety Element. Available at:
https://cityofmenifee.us/DocumentCenter/View/14707/FINAL_Safety-Element-11222_complete (accessed August 2023). 2 City of Menifee. (2023). Menifee MC Title 8, Chapter 8.26 – Grading Regulations. Available at:
https://cityofmenifee.us/DocumentCenter/View/8423/Menifee-Grading-Ordinance-Draft?bidId=.
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• Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
o 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.
o Strong seismic ground shaking?
o Seismic-related ground failure, including liquefaction? o Landslides?
• Result in substantial soil erosion or loss of topsoil? • 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?
• 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? • Have soils incapable of adequately supporting the use of septic tanks or alternative waste disposal systems where sewers are not available for the disposal of wastewater? • Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Methodology and Assumptions
The Project is evaluated against the aforementioned significance criteria/thresholds, as the basis for determining the impact’s level of significance concerning geology and soils. This analysis considers the existing regulatory framework (i.e., laws, ordinances, regulations, and standards) that avoid or reduce a potentially significant environmental impact. Where significant impacts remain despite compliance with the regulatory framework, feasible mitigation measures are recommended, to avoid or reduce the proposed Project’s potentially significant environmental impacts.
Approach to Analysis
This analysis of impacts on geology and soils examines the Project’s temporary (i.e., construction) and permanent (i.e., operational) effects based on application of the significance criteria/thresholds outlined above. Each criterion is discussed in the context of the Project site and the surrounding characteristics/geography. The impact conclusions consider the potential for changes in environmental conditions, as well as compliance with the regulatory framework enacted to protect the environment.
The baseline conditions and impact analyses are based on review of available documentation related to geologic conditions, review of Project maps and drawings; analysis of aerial and ground‐level photographs; and review of various data available in public records, including local planning documents.
The determination that a Project component would or would not result in “substantial” adverse effects Item Title: 11.2
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on geology and soils considers the available policies and regulations established by local and regional agencies and the amount of deviation from these policies in the Project’s components.
4.6.5 Impacts and Mitigation Measures
Impact 4.6-1 Would the Project 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 AlquistPriolo 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.
Level of Significance: Less Than Significant
Construction and Operations
According to the Geotechnical Investigation (Appendix F), the Project site is not within an Alquist-Priolo fault zone and there was no evidence of faulting. The nearest faults to the Project site are located within Sun City and Quail Valley.3These 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.4The nearest known active fault to the Project site is the Elsinore fault zone, located about 10 miles to the southwest. This distance would minimize risks attributed to ground rupture and gapping. Therefore, the impacts associated with the rupture of a known fault would be less than significant and no mitigation would be required.
Mitigation Measures
No mitigation is necessary.
Impact 4.6-2 Would the Project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
ii) Strong seismic ground shaking?
Level of Significance: Less Than Significant
Construction and Operations
Surface Fault Rupture
As stated previously, the Project site is not within an Alquist-Priolo Earthquake Fault Zone. The Project site is not subject to surface rupture of a known active fault, therefore the possibility of significant fault rupture on the Project site is considered to be low. Impacts would be less than significant. 3 City of Menifee, Exhibit S-1, Fault Map. (2014). Retrieved from: https://www.cityofmenifee.us/DocumentCenter/View/1028/S1_FaultMap_HD0913?bidId= (accessed August 2023). 4 City of Menifee. (2013). Menifee GP 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%2 0Menifee,to%20the%20northwest%20of%20Menifee (accessed August 2023).
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Ground Shaking
Southern California is considered a seismically active region and regional vicinity of the areas being evaluated contains a number of known earthquake faults. As part of the geotechnical report, 2022 CBC Seismic Design Parameters were generated for the Project. Structures for human occupancy must be designed to meet or exceed 2022 CBC standards for earthquake resistance. The CBC contains provisions for earthquake safety based on factors including occupancy type, the types of soil and rock on-site, and the strength of ground motion with a specified probability at the site. Therefore, future development of habitable structures within the Project site would be conducted in accordance with the 2022 CBC Seismic Design Parameters generated as part of the geotechnical report, which would reduce impacts from seismic ground shaking to a less than significant level.
Mitigation Measures
No mitigation is necessary.
Impact 4.6-3 Would the Project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
iii) Seismic-related ground failure, including liquefaction? Level of Significance: Less Than Significant
Construction and Operations
Liquefaction
Liquefaction occurs when saturated fine-grained sands or silts lose their strengths during an earthquake and behave as a liquid. Three main factors contribute to susceptibility to liquefaction: 1) shallow groundwater; 2) low density non-cohesive (granular) soil; and 3) strong ground shaking. According to the geotechnical report, the Project site is located within a zone of low liquefaction susceptibility. In addition, the soil conditions encountered at the boring locations are not considered to be conducive to liquefaction.
Due to the presence of shallow bedrock, seismic induced (“dry sand”) settlements are estimated to be minimal. In addition, the static groundwater table does not exist within 50 feet of the ground surface.
Based on these considerations, liquefaction is not considered to be a design concern for this Project.
Therefore, Project development would not subject people or structures to liquefaction hazards, and impacts would be less than significant.
Mitigation Measures
No mitigation is necessary.
Impact 4.6-4 Would the Project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
iv) Landslides?
Level of Significance: Less Than Significant
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Construction and Operations
Topographically, the Project site slopes gently downward to the north at an approximate two percent gradient. No extreme elevation differences exist in or around the Project site that would potentially lead to landslide effects. According to the City’s Liquefaction and Landslides map5, the Project site and the immediate area are not within a zone of generalized landslide susceptibility. The Project site is also outside of the hazard zone for rockfall/debris-flow. The relatively flat topography of the Project site along with its location outside of identified landslide susceptibility and rockfall/debris-flow hazard areas would lead to a less than significant impact.
Mitigation Measures
No mitigation is necessary.
Impact 4.6-5 Would the Project result in substantial soil erosion or the loss of topsoil? Level of Significance: Less Than Significant
Construction and Operations
The Project site was found to contain near-surface older alluvium soils. It was then concluded that the older alluvium soils would not be suitable to support the proposed structures due to the non-uniform nature and thickness, and the soils should be removed (where present) beneath the planned building footprint to a depth of at least 3 feet below existing grade or to the granitic bedrock contact, whichever is less. It is recommended to replace the near-surface older alluvium soils with engineered fill soils. The on-site soils are generally considered suitable for reuse as engineered fill provided, they are free from vegetation, debris, oversized materials (~6 inches) and other deleterious material. All areas should be brought to final subgrade elevations with fill materials that are placed and compacted in general accordance with minimum Project standards. Engineered fill should be placed in 6-to-8-inch loose lifts, moisture conditioned to approximately two percent above the optimum moisture content and compacted to a minimum relative compaction of 90 percent as determined by ASTM D-1557 test procedures.
Exploratory borings encountered slightly moist, but not wet soils. Should wet soils be encountered during remedial grading, methods for drying soils such as stockpiling or mixing with dry soils may be required to bring the soils to the required moisture content for placement as engineered fill. Placement of engineered fill should be observed and tested on a full-time basis by a GeoTek representative during grading activities.
The construction of the Project would involve excavation activities that would affect surface and nearsurface soils. Over excavation of the Project would be implemented to remove any older alluvium and the upper portion of the granitic bedrock. In addition to the excavation and removal of the fill material, the development of the Project would require grading preparation, excavation, trenching and paving activities that could result in soil erosion if exposed to periods of high wind or storm-related events. Dust control measures such as watering would be utilized to control the potential for erosion to occur. Construction contractors would also be required to implement a dust control plan in compliance with South Coast Air 5 City of Menifee. (2014). Exhibit S-3, Liquefaction and Landslides Map. Retrieved from:
https://www.cityofmenifee.us/DocumentCenter/View/1030/S-3_LiquefactionandLandslides_HD0913?bidId= (accessed August 2023).
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Quality Management District Rule 403 to reduce wind erosion (further information about dust control can be found in Section 4.2, Air Quality of this EIR).
Construction activities such as excavation and grading would be minimal given that the Project site is relatively flat. No major grading or excavation would be needed to substantially alter the slope of the site, create, or remove steep slopes, create retaining walls, or make other landform modifications.
Nevertheless, grading and earthwork activities during construction would expose soils to potential shortterm erosion by wind and water. During construction, the Project site would be required to comply with erosion and siltation control measures. This would include measures such as sandbagging, placement of silt fencing, erosion control blankets, straw wattles, mulching, etc., to reduce runoff from the site and to hold topsoil in place during all grading activities. As mass grading proceeds, finish grading commences, and construction begins the erosion measures would be removed or relocated as necessary. Additionally, the construction on the Project site would be required to comply with the NPDES; refer to Section 4.9, 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 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 and would comply with the Menifee Municipal Code (MMC) Title 8, Chapter 8.26 – Grading Regulations.6Erosioncontrol BMPs 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.
Per GeoTek recommendations, excavation, filling, and subgrade preparation would be performed in a manner and sequence that would provide drainage at all times and proper control of erosion to reduce impacts of substantial erosion. Operation of the Project would not involve procedures which would result in substantial soil erosion. Following construction of the Project, the Project site would be covered with hardscape which would not contribute to erosion, and it would contain some landscaping, but these areas would include ground covers to reduce erosion and loss of on-site soils post-construction. This would ensure that operation of the Project site would not result in the loss of topsoil or sedimentation into local drainage facilities and water bodies; refer to Section 4.9, Hydrology and Water Quality. In addition, a network of storm drains and gutters would be installed and maintained as necessary throughout the developed site. Therefore, the potential for substantial soil erosion or the loss of topsoil is considered less than significant.
Mitigation Measures
No mitigation is necessary.
6 City of Menifee. (2023). Menifee MC Title 8, Chapter 8.26 – Grading Regulations. Retrieved from:
https://cityofmenifee.us/DocumentCenter/View/8423/Menifee-Grading-Ordinance-Draft?bidId= (accessed August 2023).
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Menifee Mayor and City Council November 20, 2024 Page 1188 of 2294 City of Menifee
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Impact 4.6-6 Would the Project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Level of Significance: Less Than Significant Impact
Construction and Operations
As discussed under Impact 4.6-3, liquefaction and landslides would not be a design concern for the Project, and potential for lateral spreading would be low.
The major cause of ground subsidence is the excessive withdrawal of groundwater. According to the geotechnical report, groundwater was not encountered. 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 50 feet below existing site grades. Recent water level data was obtained from the California Department of Water Resources Water Data Library website, (http://wdl.water.ca.gov/) indicates that the highest groundwater level is approximately 410 feet below ground surface in the vicinity of the Project site. Therefore, based on anticipated groundwater depths, it is not expected that groundwater would affect excavations for the foundations and utilities. Additionally, due to the presence of shallow granitic bedrock, a negligible subsidence factor is also anticipated. Therefore, based on anticipated groundwater depths, it is not expected that groundwater would affect excavations for the foundations and utilities. The City adopts the CBC by reference and compliance with the recommendations of the geotechnical report, impacts would be less than significant level.
Mitigation Measures
No mitigation is necessary.
Impact 4.6-7 Would the Project 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?
Level of Significance: Less Than Significant with Mitigation Incorporated The geotechnical report provides recommendations to support the proposed structures and offset impacts from shrinkage, trench spoil from utilities and footing excavations, as well as the accuracy of topography.
Construction and Operations
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. The near-surface soils encountered during the geotechnical investigation consisted of older alluvium which is dense to very dense silty sand or hard Item Title: 11.2
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sandy silt or sandy clay and granitic bedrock that is locally overlain by older alluvium. Based on the results of laboratory testing for the geotechnical investigation, the older alluvial soils are considered to have a “very low” to “low” expansion potential. Although grading activities would likely involve relatively significant mixing and blending of the site materials and a reduction of the overall expansion potential of the fill soils, sandy silt soils of low expansion index would still remain beneath the fill in most areas. The Project would implement the design recommendations listed in the geotechnical reports and 2022 CBC design standards, and MM GEO-1 to reduce impacts from expansive soils. Additionally, the Project would comply with City standard conditions of approval requiring Compliance with the design recommendations listed in the geotechnical reports, 2022 CBC design standards, and City standard conditions of approval would reduce impacts from expansive soil to less than significant levels.
Mitigation Measures
MM GEO-1 Initial site preparation shall commence with removal of debris, deleterious materials, and vegetation within the limits of the planned improvements. These materials shall be properly disposed of off-site. Voids resulting from removing any materials shall be replaced with engineered fill materials with expansion characteristics similar to the on-site materials.
Impact 4.6-8 Would the Project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
Level of Significance: Less Than Significant Impact
Construction and Operations
No septic tanks or other alternative wastewater disposal systems are proposed. As discussed in Section 4.8, Hazards and Hazardous Materials, the three existing septic tanks serving the residential homes did not represent a significant environmental concern and would be removed as part of the Project’s development. The Project proposes a sewer infrastructure plan that includes a network of new public sewer mains that would connect to the existing Eastern Municipal Water District sewer system surrounding the Project boundaries. Water and wastewater systems and their development are further discussed in Section 4.15, Utilities and Service Systems of this Draft EIR. A less than significant impact would occur.
Mitigation Measures
No mitigation is necessary.
Impact 4.6-9 Would the Project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Level of Significance: Less Than Significant with Mitigation Incorporated As stated previously, the geologic units underlying the Project area are mapped as middle to early Pleistocene alluvial gravel, silt, sand, and clay, and as Cretaceous granodiorite and tonalite. While the Item Title: 11.2
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granodiorite and tonalite units are considered to be of low paleontological value, the Pleistocene alluvial units are considered highly paleontologically sensitive. Based on these results, the MM GEO-2 will be implemented. With implementation of MM GEO-2, impacts would be reduced to less than significant.
Mitigation Measures
MM GEO-2 Prior to issuance of grading permits, the Applicant/Developer will retain a qualified paleontologist to create and implement a Paleontological Resource Mitigation Program (PRIMP). The project paleontologist would review the grading plan and conduct any pre-construction work necessary to render appropriate monitoring and mitigation requirements, to be documented in the PRIMP. The PRIMP would be submitted to the City for review and approval prior to issuance of a grading permit.
Information contained in the PRIMP would minimally include:
1. Description of the project site and proposed grading operations.
2. Description of the level of monitoring required for earth-moving activities.
3. Identification and qualifications of the paleontological monitor to be employed during earth moving.
4. Identification of personnel with authority to temporarily halt or divert grading to allow recovery of large specimens.
5. Direction for fossil discoveries to be reported to the developer and the City.
6. Means and methods to be employed by the paleontological monitor to quickly salvage fossils to minimize construction delays.
7. Sampling methods for sediments that are likely to contain small fossil remains, if any.
8. Procedures and protocol for collecting and processing of samples and specimens, as necessary.
9. Fossil identification and curation procedures.
10. Identification of the repository to receive fossil material.
11. All pertinent maps and exhibits.
12. Procedures for reporting of findings.
13. Acknowledgment of the developer for content of the PRIMP and acceptance of financial responsibility for monitoring, reporting, and curation.
4.6.6 Cumulative Impacts
Southern California is a seismically active region with a range of geologic and soil conditions. These conditions can vary widely within a limited geographical area due to factors, including differences in landforms and proximity to fault zones, among others. Therefore, while geotechnical impacts may be associated with the cumulative development, by the very nature of the impacts (i.e., landslides and Item Title: 11.2
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expansive and compressible soils), impacts are typically site-specific and there is little, if any, cumulative relationship between the development of Project and development within a larger cumulative area, such as citywide development.
Impacts associated with seismic events and hazards would be considered significant if the effects of an earthquake on a property could not be mitigated by an engineered solution. The significance criteria do not require elimination of the potential for structural damage from seismic hazards. Instead, the criteria require an evaluation of whether the seismic conditions on a site can be overcome through engineering design solutions that would reduce to less than significant the substantial risk of exposing people or structures to loss, injury, or death. As stated throughout this section, the Project’s compliance with MM GEO-1 and MM GEO-2, applicable state and local design standards and regulations would ensure that impacts related to geology and soils are reduced to less than significant levels. None of the Project characteristics would affect or influence the geotechnical hazards for off-site development and any cumulative development would be required to comply with the same applicable state and local design standards, regulations, goals, and policies. For these reasons, no significant cumulative geotechnical impacts would occur for the Project.
4.6.7 Significant Unavoidable Impacts
No significant unavoidable impacts were identified.
4.6.8 References
City of Menifee. (2023). Menifee MC Title 8, Chapter 8.26 – Grading Regulations. Retrieved from:
https://cityofmenifee.us/DocumentCenter/View/8423/Menifee-Grading-Ordinance-Draft?bidId= GeoTek, Inc. (2021). Geotechnical and Infiltration Evaluation for Proposed Warehouse. See Appendix F.
BCR. (2022). Phase I Cultural Resources Assessment (CRA). See Appendix C.
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4.7 GREENHOUSE GAS EMISSIONS
4.7.1 Introduction
This section of the Draft Environmental Impact Report (EIR) discusses potential greenhouse gas (GHG) impacts associated with development and implementation of the CADO Menifee Industrial Warehouse Project (Project). A quantified estimate of GHG emissions that would result from the Project, and an analysis of the significance of the impact of these GHGs were analyzed. In the case where impacts were found to be potentially significant, mitigation will be proposed to reduce their significance. The current conditions were observed as the baseline for the analysis along with relevant federal, state, and local air pollutant regulations.
This analysis is based primarily on the following technical report located in Appendix G, Greenhouse Gas Emissions Assessment.
• Kimley-Horn & Associates. (2024). Greenhouse Gas Emissions Assessment.
4.7.2 Environmental Setting
Greenhouse Gases and Climate Change
Certain gases in the earth’s atmosphere classified as GHGs, play a critical role in determining the earth’s surface temperature. Solar radiation enters the earth’s atmosphere from space. A portion of the radiation is absorbed by the earth’s surface and a smaller portion of this radiation is reflected toward space. This absorbed radiation is then emitted from the earth as low-frequency infrared radiation. The frequencies at which bodies emit radiation are proportional to temperature. Because the earth has a much lower temperature than the sun, it emits lower-frequency radiation. Most solar radiation passes through GHGs; however, infrared radiation is absorbed by these gases. As a result, radiation that otherwise would have escaped back into space is instead “trapped,” resulting in a warming of the atmosphere. This phenomenon, known as the greenhouse effect, is responsible for maintaining a habitable climate on earth.
The primary GHGs contributing to the greenhouse effect are carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O). Fluorinated gases also make up a small fraction of the GHGs that contribute to climate change. Examples of fluorinated gases include chlorofluorocarbons (CFCs), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF6), and nitrogen trifluoride (NF3); however, it is noted that these gases are not associated with typical land use development. Human-caused emissions of GHGs exceeding natural ambient concentrations are believed to be responsible for intensifying the greenhouse effect and leading to a trend of unnatural warming of the Earth’s climate, known as global climate change or global warming.
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 Item Title: 11.2
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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 percent is sequestered through ocean and land uptakes every year, averaged over the last 50 years, whereas the remaining 45 percent of human-caused CO2 emissions remains stored. Table
4.7-1, Description of Greenhouse Gases describes the primary GHGs attributed to global climate change, including their physical properties.
Table 4.7-1: Description of Greenhouse Gases
Greenhouse Gas Description
Carbon Dioxide (CO2) CO2 is a colorless, odorless gas that is emitted naturally and through human activities.
Natural sources include decomposition of dead organic matter; respiration of bacteria, plants, animals, and fungus; evaporation from oceans; and volcanic outgassing.
Anthropogenic sources are from burning coal, oil, natural gas, and wood. The largest source of CO2 emissions globally is the combustion of fossil fuels such as coal, oil, and gas in power plants, automobiles, and industrial facilities. The atmospheric lifetime of CO2 is variable because it is readily exchanged in the atmosphere. CO2 is the most widely emitted GHG and is the reference gas (Global Warming Potential of 1) for determining Global Warming Potentials for other GHGs.
Nitrous Oxide (N2O) N2O is largely attributable to agricultural practices and soil management. Primary human- related sources of N2O include agricultural soil management, sewage treatment, combustion of fossil fuels, and adipic and nitric acid production. N2O is produced from biological sources in soil and water, particularly microbial action in wet tropical forests.
The atmospheric lifetime of N2O is approximately 120 years. The Global Warming Potential of N2O is 298.
Methane (CH4) CH4, a highly potent GHG, primarily results from off-gassing (the release of chemicals from nonmetallic substances under ambient or greater pressure conditions) and is largely associated with agricultural practices and landfills. Methane is the major component of natural gas, about 87 percent by volume. Human-related sources include fossil fuel production, animal husbandry, rice cultivation, biomass burning, and waste management. Natural sources of CH4 include wetlands, gas hydrates, termites, oceans, freshwater bodies, non-wetland soils, and wildfires. The atmospheric lifetime of CH4 is about 12 years and the Global Warming Potential is 25.
Hydrofluorocarbons
(HFCs)
HFCs are typically used as refrigerants for both stationary refrigeration and mobile air conditioning. The use of HFCs for cooling and foam blowing is increasing, as the continued phase out of CFCs and HCFCs gains momentum. The 100-year Global Warming Potential of HFCs range from 124 for HFC-152 to 14,800 for HFC-23.
Perfluorocarbons
(PFCs)
PFCs have stable molecular structures and only break down by ultraviolet rays about 60 kilometers above Earth’s surface. Because of this, they have long lifetimes, between 10,000 and 50,000 years. Two main sources of PFCs are primary aluminum production and semiconductor manufacturing. Global Warming Potentials range from 6,500 to 9,200.
Chlorofluorocarbons
(CFCs)
CFCs are gases formed synthetically by replacing all hydrogen atoms in methane or ethane with chlorine and/or fluorine atoms. They are nontoxic, nonflammable, insoluble, and chemically unreactive in the troposphere (the level of air at the earth’s surface). CFCs were synthesized in 1928 for use as refrigerants, aerosol propellants, and cleaning Item Title: 11.2
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Greenhouse Gas Description
solvents. The Montreal Protocol on Substances that Deplete the Ozone Layer prohibited their production in 1987. Global Warming Potentials for CFCs range from 3,800 to 14,400.
Sulfur Hexafluoride
(SF6)
SF6 is an inorganic, odorless, colorless, and nontoxic, nonflammable gas. It has a lifetime of 3,200 years. This gas is manmade and used for insulation in electric power transmission equipment, in the magnesium industry, in semiconductor manufacturing, and as a tracer gas. The Global Warming Potential of SF6 is 23,900.
Hydrochlorofluorocarbons (HCFCs)HCFCs are solvents, similar in use and chemical composition to CFCs. The main uses of HCFCs are for refrigerant products and air conditioning systems. As part of the Montreal Protocol, HCFCs are subject to a consumption cap and gradual phase out. The United States is scheduled to achieve a 100 percent reduction to the cap by 2030. The 100-year Global Warming Potentials of HCFCs range from 90 for HCFC-123 to 1,800 for HCFC-142b.
Nitrogen Trifluoride
(NF3)
NF3 was added to Health and Safety Code section 38505(g)(7) as a GHG of concern. This gas is used in electronics manufacture for semiconductors and liquid crystal displays. It has a high global warming potential of 17,200.
Source: Kimley-Horn & Associates. (2022). Greenhouse Gas Emissions Assessment. Page 7 – Table 1.
4.7.3 Regulatory Setting
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.
Energy Independence and Security Act of 2007
The Energy Independence and Security Act of 2007 (December 2007), among other key measures, requires the following, which would aid in the reduction of national GHG emissions:
• Increase the supply of alternative fuel sources by setting a mandatory Renewable Fuel Standard requiring fuel producers to use at least 36 billion gallons of biofuel in 2022. • Set a target of 35 miles per gallon for the combined fleet of cars and light trucks by model year 2020 and direct the National Highway Traffic Safety Administration (NHTSA) to establish a fuel economy program for medium- and heavy-duty trucks and create a separate fuel economy standard for work trucks.
• Prescribe or revise standards affecting regional efficiency for heating and cooling products and procedures for new or amended standards, energy conservation, energy efficiency labeling for consumer electronic products, residential boiler efficiency, electric motor efficiency, and home appliances.
U.S. Environmental Protection Agency Endangerment Finding The U.S. Environmental Protection Agency (EPA) authority to regulate GHG emissions stems from the U.S. Supreme Court decision in Massachusetts v. EPA (2007). The Supreme Court ruled that GHGs meet Item Title: 11.2
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the definition of air pollutants under the existing Federal Clean Air Act (FCAA) and must be regulated if these gases could be reasonably anticipated to endanger public health or welfare. Responding to the Court’s ruling, the EPA finalized an endangerment finding in December 2009. Based on scientific evidence it found that six GHGs (CO2, CH4, N2O, HFCs, PFCs, and SF6) constitute a threat to public health and welfare.
Thus, it is the Supreme Court’s interpretation of the existing FCAA and the EPA’s assessment of the scientific evidence that form the basis for the EPA’s regulatory actions.
Federal Vehicle Standards
In response to the U.S. Supreme Court ruling discussed above, Executive Order 13432 was issued in 2007 directing the EPA, the Department of Transportation, and the Department of Energy to establish regulations that reduce GHG emissions from motor vehicles, non-road vehicles, and non-road engines by 2008. In 2009, the NHTSA issued a final rule regulating fuel efficiency and GHG emissions from cars and light-duty trucks for model year 2011, and in 2010, the EPA and NHTSA issued a final rule regulating cars and light-duty trucks for model years 2012–2016.
In 2010, an Executive Memorandum was issued directing the Department of Transportation, Department of Energy, EPA, and NHTSA to establish additional standards regarding fuel efficiency and GHG reduction, clean fuels, and advanced vehicle infrastructure. In response to this directive, the EPA and NHTSA proposed stringent, coordinated federal GHG and fuel economy standards for model years 2017-2025 light-duty vehicles. The standards projected to achieve 163 grams per mile of CO2 in model year 2025, on an average industry fleet-wide basis, which is equivalent to 54.5 miles per gallon if this level were achieved solely through fuel efficiency. The final rule was adopted in 2012 for model years 2017-2021, and NHTSA intends to set standards for model years 2022–2025 in a future rulemaking. On January 12, 2017, the EPA finalized its decision to maintain the current GHG emissions standards for model years 2022–2025 cars and light trucks. It should be noted that the U.S. EPA is currently proposing to freeze the vehicle fuel efficiency standards at their planned 2020 level (37 mpg), canceling any future strengthening (currently 54.5 mpg by 2026).
In addition to the regulations applicable to cars and light-duty trucks described above, in 2011, the EPA and NHTSA announced fuel economy and GHG standards for medium- and heavy-duty trucks for model years 2014–2018. The standards for CO2 emissions and fuel consumption are tailored to three main vehicle categories: combination tractors, heavy-duty pickup trucks and vans, and vocational vehicles.
According to the EPA, this regulatory program will reduce GHG emissions and fuel consumption for the affected vehicles by 6 to 23 percent over the 2010 baselines.
In August 2016, the EPA and NHTSA announced the adoption of the phase two program related to the fuel economy and GHG standards for medium- and heavy-duty trucks. The phase two program will apply to vehicles with model year 2018 through 2027 for certain trailers, and model years 2021 through 2027 for semi-trucks, large pickup trucks, vans, and all types and sizes of buses and work trucks. The final Item Title: 11.2
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standards are expected to lower CO2 emissions by approximately 1.1 billion metric tons and reduce oil consumption by up to 2 billion barrels over the lifetime of the vehicles sold under the program.1 On September 27, 2019, the U.S. EPA and the NHTSA published the “Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program.” (84 Fed. Reg. 51,310 (Sept. 27, 2019)). The Part One Rule revokes California’s authority to set its own GHG emissions standards and set zero-emission vehicle mandates in California. On March 31, 2020, the U.S. EPA and NHTSA finalized rulemaking for SAFE Part Two sets CO2 emissions standards and corporate average fuel economy (CAFE) standards for passenger vehicles and light duty trucks, covering model years 2021-2026. The current U.S. EPA administration has repealed SAFE Rule Part One, effective January 28, 2022, and is reconsidering Part Two.
In December 2021, the U.S. EPA finalized federal GHG emissions standards for passenger cars and light trucks for Model Years 2023 through 2026. These standards are the strongest vehicle emissions standards ever established for the light-duty vehicle sector and are based on sound science and grounded in a rigorous assessment of current and future technologies. The updated standards will result in avoiding more than 3 billion tons of GHG emissions through 2050.2 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 CO2 equivalents (CO2e) in the world and produced 459 million gross metric tons of CO2e in 2013.
In the State, the transportation sector is the 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 major provisions of the legislation.
Assembly Bill 32 (California Global Warming Solutions Act of 2006) AB 32 instructs the CARB to develop and enforce regulations for the reporting and verification of statewide GHG emissions. AB 32 also directed CARB to set a GHG emissions limit based on 1990 levels, to be achieved 1 Kimley-Horn & Associates. (2022). Greenhouse Gas Emissions Assessment. p. 9 2 Ibid. p. 10
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by 2020. It set a timeline for adopting a scoping plan for achieving GHG reductions in a technologically and economically feasible manner.
California Air Resource Board Scoping Plan
CARB adopted the “Scoping Plan” to achieve the goals of AB 32. The Scoping Plan establishes an overall framework for the measures that would be adopted to reduce California’s GHG emissions.
CARB determined that achieving the 1990 emissions level would require a reduction of GHG emissions of approximately 29 percent below what would otherwise occur in 2020 in the absence of new laws and regulations (referred to as “business-as-usual”).3The Scoping Plan evaluates opportunities for sectorspecific reductions, integrates early actions and additional GHG reduction measures by both CARB and the State’s Climate Action Team, identifies additional measures to be pursued as regulations, and outlines the adopted role of a cap-and-trade program.4 Additional development of these measures and adoption of the appropriate regulations occurred through the end of 2013. Key elements of the Scoping Plan include:
• Expanding and strengthening existing energy efficiency programs, as well as building and appliance standards.
• Achieving a statewide renewables energy mix of 33 percent by 2020. • Developing a California cap-and-trade program that links with other programs to create a regional market system and caps sources contributing 85 percent of California’s GHG emissions (adopted in 2011).
• Establishing targets for transportation-related GHG emissions for regions throughout California and pursuing policies and incentives to achieve those targets (several sustainable community strategies have been adopted).
• Adopting and implementing measures pursuant to existing State laws and policies, including California’s clean car standards, heavy-duty truck measures, the Low Carbon Fuel Standard (amendments to the Pavley Standard adopted 2009; Advanced Clean Car standard adopted 2012), goods movement measures, and the Low Carbon Fuel Standard (adopted 2009). • Creating targeted fees, including a public goods charge on water use, fees on gases with high global warming potential, and a fee to fund the administrative costs of the State of California’s long-term commitment to AB 32 implementation.
• The California Sustainable Freight Action Plan was developed in 2016 and provides a vision for California’s transition to a more efficient, more economically competitive, and less polluting freight transport system. This transition of California’s freight transport system is essential to supporting the State’s economic development in coming decades while reducing pollution. • CARB’s Mobile Source Strategy demonstrates how the State can simultaneously meet air quality standards, achieve GHG emission reduction targets, decrease health risk from transportation 3 Ibid. p. 9
4 The Climate Action Team, led by the secretary of the California Environmental Protection Agency, is a group of State agency secretaries and heads of agencies, boards, and departments. Team members work to coordinate statewide efforts to implement global warming emissions reduction programs and the State’s Climate Adaptation Strategy. Ibid p.10 Item Title: 11.2
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emissions, and reduce petroleum consumption over the next fifteen years. The mobile Source Strategy includes increasing zero emission (ZE) buses and trucks.
In 2012, CARB released revised estimates of the expected 2020 emissions reductions. The revised analysis relied on emissions projections updated in light of current economic forecasts that accounted for the economic downturn since 2008, reduction measures already approved and put in place relating to future fuel and energy demand, and other factors. This update reduced the projected 2020 emissions from 596 million metric tons of CO2e (MMTCO2e) to 545 MMTCO2e. The reduction in forecasted 2020 emissions means that the revised business-as-usual reduction necessary to achieve AB 32’s goal of reaching 1990 levels by 2020 is now 21.7 percent, down from 29 percent. CARB also provided a lower 2020 inventory forecast that incorporated State-led GHG emissions reduction measures already in place.
When this lower forecast is considered, the necessary reduction from business-as-usual needed to achieve the goals of AB 32 is approximately 16 percent.
CARB adopted the first major update to the Scoping Plan on May 22, 2014. The updated Scoping Plan summarizes the most recent science related to climate change, including anticipated impacts to California and the levels of GHG emissions reductions necessary to likely avoid risking irreparable damage. It identifies the actions California has already taken to reduce GHG emissions and focuses on areas where further reductions could be achieved to help meet the 2020 target established by AB 32. By 2016, California had reduced GHG emissions below 1990 levels, achieving AB 32’s 2020 goal four years ahead of schedule.
In 2016, the Legislature passed Senate Bill (SB) 32, which codifies a 2030 GHG emissions reduction target of 40 percent below 1990 levels. With SB 32, the Legislature passed companion legislation, AB 197, which provides additional direction for developing the Scoping Plan. On December 14, 2017 CARB adopted a second update to the Scoping Plan.5The 2017 Scoping Plan details how the State will reduce GHG emissions to meet the 2030 target set by Executive Order B-30-15 and codified by SB 32. Other objectives listed in the 2017 Scoping plan are to provide direct GHG emissions reductions; support climate investment in disadvantaged communities; and support the Clean Power Plan and other Federal actions.
Adopted December 15, 2022, CARB’s 2022 Scoping Plan for Achieving Carbon Neutrality (2022 Scoping Plan) sets a path to achieve targets for carbon neutrality and reduce anthropogenic GHG emissions by 85 percent below 1990 levels by 2045 in accordance with AB 1279. To achieve the targets of AB 1279, the 2022 Scoping Plan relies on existing and emerging fossil fuel alternatives and clean technologies, as well as carbon capture and storage. Specifically, the 2022 Scoping Plan focuses on zero-emission transportation; phasing out use of fossil gas use for heating homes and buildings; reducing chemical and refrigerants with high GWP; providing communities with sustainable options for walking, biking, and public transit; displacement of fossil-fuel fired electrical generation through use of renewable energy alternatives (e.g., solar arrays and wind turbines); and scaling up new options such as green hydrogen.
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 5 California Air Resources Board, California’s 2017 Climate Change Scoping Plan, https://www.arb.ca.gov/cc/scopingplan/scoping_plan_2017.pdf. Accessed March2023.
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advocates for compliance with a local GHG reduction strategy (i.e., Climate Action Plan) consistent with CEQA Guidelines section 15183.5.
The key elements of the 2022 CARB Scoping Plan focus on transportation. Specifically, the 2022 Scoping Plan aims to rapidly move towards zero-emission transportation (i.e., electrifying cars, buses, trains, and trucks), which constitutes California’s single largest source of GHGs. The regulations that impact the transportation sector are adopted and enforced by CARB on vehicle manufacturers and are outside the jurisdiction and control of local governments. The 2022 Scoping Plan accelerates development of new regulations as well as amendments to strengthen regulations and programs already in place.
Included in the 2022 Scoping Plan is a set of Local Actions (2022 Scoping Plan Appendix D) 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.6CARB specifically states that Appendix D does not address other land uses (e.g., industrial).7 However, CARB plans to explore new approaches for other land use types in the future.8
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.
Senate Bill 32 (California Global Warming Solutions Act of 2006: Emissions Limit) Signed into law in September 2016, SB 32 codifies the 2030 GHG reduction target in Executive Order B30-15 (40 percent below 1990 levels by 2030). The bill authorizes CARB to adopt an interim GHG emissions level target to be achieved by 2030. CARB also must adopt rules and regulations in an open public process to achieve the maximum, technologically feasible, and cost-effective GHG reductions. With SB 32, the Legislature passed companion legislation, AB 197, which provides additional direction for developing the Scoping Plan.
Senate Bill 375
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 percent 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 6 California Air Resources Board, 2022 Scoping Plan for Achieving Carbon Neutrality, Appendix D: Local Actions. 7 Ibid.
8 Ibid.
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transportation plans for reducing GHG emissions, (2) aligns planning for transportation and housing, and (3) creates specified incentives for the implementation of the strategies.
Assembly Bill 1493 - Pavley Fuel Efficiency Standards
AB 1493, enacted on July 22, 2002, required CARB to develop and adopt regulations that reduce GHGs emitted by passenger vehicles and light duty trucks. Implementation of the regulation was delayed by lawsuits filed by automakers and by the EPA’s denial of an implementation waiver. The EPA subsequently granted the requested waiver in 2009, which was upheld by the by the U.S. District Court for the District of Columbia in 2011. The regulations establish one set of emission standards for model years 2009–2016 and a second set of emissions standards for model years 2017 to 2025. By 2025, when all rules will be fully implemented, new automobiles will emit 34 percent fewer CO2e emissions and 75 percent fewer smog-forming emissions.
SB 1368 (Emission Performance Standards)
SB 1368 is the companion bill of AB 32, which directs the California Public Utilities Commission (CPUC) to adopt a performance standard for GHG emissions for the future power purchases of California utilities. SB 1368 limits carbon emissions associated with electrical energy consumed in California by forbidding procurement arrangements for energy longer than five years from resources that exceed the emissions of a relatively clean, combined cycle natural gas power plant. The new law effectively prevents California’s utilities from investing in, otherwise financially supporting, or purchasing power from new coal plants located in or out of the State. The CPUC adopted the regulations required by SB 1368 on August 29, 2007.
The regulations implementing SB 1368 establish a standard for baseload generation owned by, or under long-term contract to publicly owned utilities, for 1,100 pounds of CO2 per megawatt-hour.
SB 1078 and SBX1-2 (Renewable Electricity Standards)
SB 1078 requires California to generate 20 percent of its electricity from renewable energy by 2017. This goal was accelerated with SB 107, which changed the due date to 2010 instead of 2017. On November 17, 2008, Governor Arnold Schwarzenegger signed Executive Order S-14-08, which established a Renewable Portfolio Standard target for California requiring that all retail sellers of electricity serve 33 percent of their load with renewable energy by 2020. Executive Order S-21-09 also directed CARB to adopt a regulation by July 31, 2010, requiring the State’s load serving entities to meet a 33 percent renewable energy target by 2020. CARB approved the Renewable Electricity Standard on September 23, 2010 by Resolution 10-23. SB X1-2, which codified the 33 percent by 2020 goal.
SB 350 (Clean Energy and Pollution Reduction Act of 2015) Signed into law on October 7, 2015, SB 350 implements the goals of Executive Order B-30-15. The objectives of SB 350 are to increase the procurement of electricity from renewable sources from 33 percent to 50 percent (with interim targets of 40 percent by 2024, and 45 percent by 2027) and to double the energy efficiency savings in electricity and natural gas end uses of retail customers through energy efficiency and conservation. SB 350 also reorganizes the Independent System Operator to develop more Item Title: 11.2
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regional electricity transmission markets and improve accessibility in these markets, which will facilitate the growth of renewable energy markets in the western United States.
AB 398 (Market-Based Compliance Mechanisms)
Signed on July 25, 2017, AB 398 extended the duration of the Cap-and-Trade program from 2020 to 2030.
AB 398 required CARB to update the Scoping Plan and for all GHG rules and regulations adopted by the State. It also designated CARB as the statewide regulatory body responsible for ensuring that California meets its statewide carbon pollution reduction targets, while retaining local air districts’ responsibility and authority to curb toxic air contaminants and criteria pollutants from local sources that severely impact public health. AB 398 also decreased free carbon allowances over 40 percent by 2030 and prioritized Capand-Trade spending to various programs including reducing diesel emissions in impacted communities.
SB 150 (Regional Transportation Plans)
Signed on October 10, 2017, SB 150 aligns local and regional GHG reduction targets with State targets (i.e., 40 percent below their 1990 levels by 2030). SB 150 creates a process to include communities in discussions on how to monitor their regions’ progress on meeting these goals. The bill also requires the CARB to regularly report on that progress, as well as on the successes and the challenges regions experience associated with achieving their targets. SB 150 provides for accounting of climate change efforts and GHG reductions and identify effective reduction strategies.
SB 100 (California Renewables Portfolio Standard Program: Emissions of Greenhouse Gases) Signed into law in September 2018, SB 100 increased California’s renewable electricity portfolio from 50 to 60 percent by 2030. SB 100 also established a further goal to have an electric grid that is entirely powered by clean energy by 2045.
AB 1346 (Air Pollution: Small Off-Road Engines)
Signed into law in October 2021, AB 1346 requires CARB, to adopt cost-effective and technologically feasible regulations to prohibit engine exhaust and evaporative emissions from new small off-road engines, consistent with federal law, by July 1, 2022. The bill requires CARB to identify and, to the extent feasible, make available funding for commercial rebates or similar incentive funding as part of any updates to existing applicable funding program guidelines to local air pollution control districts and air quality management districts to implement to support the transition to zero-emission small off-road equipment operations.
AB 1279 (Carbon Neutrality)
Signed on September 16, 2022, AB 1279 established the goal to achieve net-zero GHG emissions no later than 2045 and net negative thereafter. The bill establishes a goal toward at least an 85 percent reduction target for anthropogenic GHG emissions below statewide emissions limit from Section 36550 of the California Health and Safety Code.
SB 1020 (100 Percent Clean Electric Grid)
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Signed on September 16, 2022, SB 1020 provides additional goals for the path to the 2045 goal of 100 percent clean electricity retail sales. It creates a target of 90 percent clean electricity retail sales by 2035 and 95 percent clean electricity retail sales by 2040.
SB 905 (Capturing and Removing Carbon Pollution)
Signed on September 16, 2022, SB 905 establishes regulatory framework and policies that involve carbon removal, carbon capture, utilization, and sequestration. It also prohibits the injecting of concentrated carbon dioxide fluid into a Class II injection well for the purpose of enhanced oil recovery.
AB 1757 (Nature-Based Solutions)
Signed on September 16, 2022, AB 1757 requires state agencies to develop a range of targets for natural carbon sequestration and nature-based climate solutions that reduce GHG emissions to meet the 2030, 2038, and 2045 goals which would be integrated into a scoping plan addressing natural and working lands.
Executive Orders Related to GHG Emissions
California’s Executive Branch has taken several actions to reduce GHGs through the use of 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:
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 levels.
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, 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.
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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 CO2e (MMTCO2e). The 2030 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-emission 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 ZEVs “towards the target of 100 percent.” The executive order directs the California Environmental Protection Agency, the California Geologic Energy Management Division, 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
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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 Title 24 standards will result in less energy use, thereby reducing air pollutant emissions associated with energy consumption across California. For example, the 2022 Title 24 standards will require efficient electric heat pumps, establishes electric-ready requirements for new homes, expands solar photovoltaic and battery storage standards, and strengthens ventilation standards.
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 most recent update to the CALGreen Code went into effect on January 1, 2023 (2022 CALGreen). The 2022 CALGreen standards continue to improve upon the existing standards for new construction of, and additions and alterations to, residential and nonresidential buildings.
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 “last-mile” delivery trucks and vans by 2040. The Advanced Clean Truck Regulation accelerates the transition of zero-emission medium-and Item Title: 11.2
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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 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.
Regional
South Coast Air Quality Management District Rule 2305 (Warehouse Indirect Source Rule) Rule 2305 was adopted by the SCAQMD Governing Board on May 7, 2021 to reduce NOX and particulate matter emissions associated with warehouses and mobile sources attracted to warehouses. However, Rule 2305 would also reduce GHG emissions. This rule applies to all existing and proposed warehouses over 100,000 square feet located in the SCAQMD. Rule 2305 requires warehouse operators to track annual vehicle miles traveled associated with truck trips to and from the warehouse. These trip miles are used to calculate the warehouses WAIRE (Warehouse Actions and Investments to Reduce Emissions) Points Compliance Obligation. WAIRE Points are earned based on emission reduction measures and warehouse operators are required to submit an annual WAIRE Report which includes truck trip data and emission reduction measures. Reduction strategies listed in the WAIRE menu include acquire zero emission (ZE) or near zero emission (NZE) trucks; require ZE/NZE truck visits; require ZE yard trucks; install on-site ZE charging/fueling infrastructure; install onsite energy systems; and install filtration systems in residences, schools, and other buildings in the adjacent community. Warehouse operators that do not earn a sufficient number of WAIRE points to satisfy the WAIRE Points Compliance Obligation would be required to pay a mitigation fee. Funds from the mitigation fee will be used to incentivize the purchase of cleaner trucks and charging/fueling infrastructure in communities nearby.
South Coast Air Quality Management District Thresholds
The South Coast Air Quality Management District (SCAQMD) formed a GHG California Environmental Quality Act (CEQA) Significance Threshold Working Group to provide guidance to local lead agencies on determining significance for GHG emissions in their CEQA documents. This working group was formed to assist SCAQMD’s efforts to develop a GHG significance threshold and is composed of a wide variety of stakeholders including the State Office of Planning and Research, CARB, the Attorney General’s Office, a variety of city and county planning departments in the SCAB, various utilities such as sanitation and power companies throughout the SCAB, industry groups, and environmental and professional organizations. The Working Group has proposed a tiered approach to evaluating GHG emissions for development projects Item Title: 11.2
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where SCAQMD is not the lead agency, wherein projects are evaluated sequentially through a series of “tiers” to determine whether the project is likely to result in a potentially significant impact due to GHG emissions.
With the tiered approach, a project is compared against the requirements of each tier sequentially and would not result in a significant impact if it complies with any tier. Tier 1 excludes projects that are specifically exempt from SB 97 from resulting in a significant impact. Tier 2 excludes projects that are consistent with a GHG reduction plan that has a certified final CEQA document and complies with AB 32 GHG reduction goals. Tier 3 excludes projects with annual emissions lower than a screening threshold.
The SCAQMD has adopted a threshold of 10,000 metric tons of CO2e (MTCO2e) per year for industrial projects and a 3,000 MTCO2e threshold was proposed for non-industrial projects but has not been adopted. During Working Group Meeting #7 it was explained that this threshold was derived using a 90 percent capture rate of a large sampling of industrial facilities. During Meeting #8, the Working Group defined industrial uses as production, manufacturing, and fabrication activities or storage and distribution (e.g., warehouse, transfer facility, etc.). The Working Group indicated that the 10,000 MTCO2e per year threshold applies to both emissions from construction and operational phases plus indirect emissions (electricity, water use, etc.). The SCAQMD concluded that projects with emissions less than the screening threshold would not result in a significant cumulative impact.
Tier 4 consists of three decision tree options. Under the Tier 4 first option, SCAQMD initially outlined that a project would be excluded if design features and/or mitigation measures resulted in emissions 30 percent lower than business as usual emissions. However, the Working Group did not provide a recommendation for this approach. The Working Group folded the Tier 4 second option into the third option. Under the Tier 4 third option, a project would be excluded if it was below an efficiency-based threshold of 4.8 MTCO2e per service population per year. Tier 5 would exclude projects that implement offsite mitigation (GHG reduction projects) or purchase offsets to reduce GHG emission impacts to less than the proposed screening level.
Tier 3 Screening Thresholds
As described above, when the tiered approach is applied to a proposed project, and the project is found not to comply with Tier 1 or Tier 2, the project’s emissions are compared against a screening threshold, as described above, for Tier 3. The screening threshold formally adopted by SCAQMD is an “interim” screening threshold for stationary source industrial projects where the SCAQMD is the lead agency under CEQA. The threshold was termed “interim” because, at the time, SCAQMD anticipated that CARB would be adopting a statewide significance threshold that would inform and provide guidance to SCAQMD in its adoption of a final threshold. However, no statewide threshold was ever adopted, and the interim threshold remains in effect.
For projects for which SCAQMD is not a lead agency, no screening thresholds have been formally adopted.
However, the SCAQMD Working Group has recommended a threshold of 10,000 MTCO2e/year for industrial projects and 3,000 MTCO2e/year for residential and commercial projects. SCAQMD determined that these thresholds would “capture” 90 percent of GHG emissions from these sectors, “capture” Item Title: 11.2
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meaning that 90 percent of total emissions from all new projects would be subject to some type of CEQA analysis (i.e., found potentially significant).9
Southern California Association of Governments
On September 3, 2020, SCAG’s Regional Council adopted the 2020 - 2045 Regional Transportation Plan/Sustainable Communities Strategy [2020 RTP/SCS]) also 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, and Ventura. The Connect SoCal is a long-range vision plan that 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.
Local
City of Menifee General Plan
Open Space and Conservation Element
The City of Menifee General Plan (City GP) (Open Space and Conservation Element) has goals to reduce impacts to air quality at the local level by minimizing pollution and particulate matter (General Plan Goal OSC-9).10 The general Plan goals, measures, and actions applicable to the Project include the following:
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 Riverside County Regional Air Quality Task Force, Southern California Association of Government’s Regional Transportation Plan/Sustainable Communities Strategy, and SCAQMD’s Air Quality Management Plan to reduce air pollution at the regional level.
9 Ibid. p. 19
10 City of Menifee. (2013). Menifee General Plan Open Space and Conservation Element. Retrieved from:
https://www.cityofmenifee.us/221/General-Plan (accessed October 19, 2022).
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Policy OSC-9.5 Comply with the mandatory requirements of Title 24 Part 1 of the California Building Standards Code and Title 24 Part 6 Building and Energy Efficiency Standards.
The City’s Open Space and Conservation Element also includes goals to have efficient and environmentally appropriate use and management of energy and mineral resources to ensure their availability for future generations (General Plan Goal OSC-4), as well as an environmentally aware community that is responsive to changing climate conditions and actively seeks to reduce local greenhouse gas emissions (General Plan Goal OSC-10). Policies to meet these goals include:
Goal OSC-4 Efficient and environmentally appropriate use and management of energy and mineral resources to ensure their availability for future generations.
OSC-4.1 Apply energy efficiency and conservation practices in land use, transportation demand management, and subdivision and building design.
OSC-4.2 Evaluate public and private efforts to develop and operate alternative systems of energy production, including solar, wind, and fuel cell.
Goal OSC-10 An environmentally aware community that is responsive to changing climate conditions and actively seeks to reduce local greenhouse gas emissions.
OSC-10.1 Align the City's local GHG reduction targets to be consistent with the statewide GHG reduction target of AB 32.
OSC-10.2 Align the City's long-term GHG reduction goal consistent with the statewide GHG reduction goal of Executive Order S-03-05.
OSC-10.3 Participate in regional greenhouse gas emission reduction initiatives.
OSC-10.4 Consider impacts to climate change as a factor in evaluation of policies, strategies, and projects.
City of Menifee Design Guidelines – Appendix A: Industrial Good Neighbor Policies According to the City’s Design Guidelines, the purpose of the Good Neighbor Policies (Policies) is to provide local government and developers with ways to address environmental and neighborhood compatibility issues associated with permitting warehouse, logistics and distribution facilities. The Policies were designed to promote economic vitality and sustainability of businesses, while still protecting the general health, safety, and welfare of the public and sensitive receptors within the City of Menifee.
Sensitive receptors include residential neighborhoods, schools, public parks, playgrounds, day care centers, nursing homes, hospitals, and other public places where residents are most likely to spend time.
The intent of the City of Menifee’s Good Neighbor Policies, in siting new warehouse, logistics and distribution uses, include:
1. Minimize impacts to sensitive uses
2. Protect public health, safety, and welfare by regulating the design, location and operation of facilities
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The Policies apply to all new warehouse, logistics and distribution facilities (“industrial uses”), excluding pending applications that have been deemed complete as the effective day of this policy, that include any building larger than 100,000 square feet in size or any sized building with more than 10 loading bays (dock high). There are general performance standards, as well as site design, access and layout standards, signage and information standards, and environmental considerations, including air quality and noise and traffic.
4.7.4 Impact Thresholds and Significance Criteria
Based upon the criteria derived from Appendix G of the CEQA Guidelines, a project normally would have a significant effect on the environment if it would:
• Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment; or
• Conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases.
GHG Thresholds
On December 5, 2008, the SCAQMD Governing Board adopted a 10,000 MTCO2e industrial threshold for projects where SCAQMD is the lead agency. The SCAQMD GHG CEQA Significance Threshold Working Group defined industrial uses as production, manufacturing, and fabrication activities or storage and distribution (e.g., warehouse, transfer facility, etc.) during Meeting #8. Additionally, the SCAQMD GHG Significance Threshold Stakeholder Working Group has specified that a warehouse is considered to be an industrial project.11 During the GHG CEQA Significance Threshold Working Group Meeting #15, the SCAQMD noted that it was considering extending the industrial GHG significance threshold for use by all lead agencies. Furthermore, the Working Group indicated that the 10,000 MTCO2e per year threshold applies to both emissions from construction and operational phases plus indirect emissions (electricity, water use, etc.). The SCAQMD has not announced when staff is expecting to present GHG thresholds for land use projects where the SCAQMD is not the lead agency to the governing board.
The City of Menifee has not adopted project-specific significance thresholds. The City has opted to use a non-zero threshold approach based on Approach 2 of the CAPCOA CEQA and Climate Change handbook, which is the Tier 3 screening value of 3,000 MTCO2e per year that is recommended by SCAQMD staff for residential and commercial projects. Threshold 2.5 (Unit-Based Thresholds Based on Market Capture) of the CAPCOA CEQA and Climate Change handbook establishes a numerical threshold based on capture of approximately 90 percent of emissions from future development. The latest threshold developed by SCAQMD using this method is the 3,000 MTCO2e/yr screening threshold.
In setting the threshold at 3,000 MTCO2e per year, 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 11 Ibid. p.21
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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 per year. 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 per year threshold for residential/commercial uses was proposed by SCAQMD over 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 per year 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 percent below 1990 levels by 2050] as the basis for deriving the screening level” and, thus, remains valid for use in 2023 (SCAQMD, 2008, pp. 3-4). Lastly, this threshold has been used for hundreds, if not thousands of GHG analyses performed for projects located within the SCAQMD jurisdiction. Thus, if Project-related GHG emissions do not exceed the 3,000 MTCO2e per year threshold, then Project-related GHG emissions would have a less-than-significant impact.
Methodology
Global climate change is, by definition, a cumulative impact of GHG emissions. Therefore, there is no project-level analysis. The baseline against which to compare potential impacts of the Project includes the natural and anthropogenic drivers of global climate change, including world‐wide GHG emissions from human activities which almost doubled between 1970 and 2010 from approximately 27 gigatonnes (Gt) of CO2/year to nearly 49 GtCO2/year.12 As such, the geographic extent of climate change and GHG emissions cumulative impact discussion is worldwide.
Construction
The Project’s construction and operational emissions were calculated using the California Emissions Estimator Model version 2020.4.0 (CalEEMod). Details of the modeling assumptions and emission factors are provided in Appendix A: Greenhouse Gas Emissions Data of Draft EIR Appendix G. For construction, 12 Ibid. p. 22
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CalEEMod calculates emissions from off-road equipment usage and on-road vehicle travel associated with haul, delivery, and construction worker trips. GHG emissions during construction were forecasted based on the proposed construction schedule and applying the mobile-source and fugitive dust emissions factors derived from CalEEMod. The Project’s construction-related GHG emissions would be generated from offroad construction equipment, on-road hauling and vendor (material delivery) trucks, and worker vehicles.
The Project’s construction is anticipated to occur over a duration of approximately 15 months, beginning as early as February 2024.
Operations
The Project’s operational GHG emissions would be generated by vehicular traffic, off-road equipment, area sources (e.g., landscaping maintenance, consumer products), electrical generation, natural gas consumption, water supply and wastewater treatment, and solid waste. These emissions categories are discussed below.
• Area Sources. Area source emissions occur from hearths, architectural coatings, landscaping equipment, and consumer products. The Project involves warehouse uses and would not include hearths. Landscaping and consumer products would be limited. Negligible quantities of consumer products (i.e., personal care products, home, lawn, and garden products, disinfectants, sanitizers, polishes, cosmetics, and floor finishes) would be used. Additionally, the primary emissions from architectural coatings are volatile organic compounds, which are relatively insignificant as direct GHG emissions.
• Energy Consumption. Energy consumption consists of emissions from Project consumption of electricity and natural gas. Primary uses of electricity and natural gas by the Project would be for miscellaneous warehouse equipment, space heating and cooling, water heating, ventilation, lighting, appliances, and electronics. Electricity usage was calculated outside of CalEEMod based on Project specific data provided by the applicant. Natural gas usage is based on default consumption rates in CalEEMod. The emissions generated from both electricity and natural gas usage were calculated using default emissions factors in CalEEMod. • Solid Waste. Solid waste releases GHG emissions in the form of methane when these materials decompose. Solid waste emissions are calculated based on generation rates and emissions factors in CalEEMod.
• Water and Wastewater. Project GHG emissions would be generated from energy consumption associated with water and wastewater conveyance and treatment. No changes were made to the default water usage consumption rates or emissions factors. • Off-Road Equipment. Operational off-road emissions would be generated by off-road cargo handling equipment used during operational activities. Off-road emissions were calculated with emissions rates derived from CARB’s OFFROAD database. For this Project, it was assumed that the warehouses would include 14 forklifts and 2 off-highway trucks for loading and unloading goods per the SCAQMD High Cube Warehouse Truck Trip Study White Paper.13 It should be noted that 13 Ibid. p. 23
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the Project does not include cold storage. Therefore, this analysis models the warehouses as unrefrigerated, and the Project would not include emissions from transport refrigeration units (TRUs).
• Emergency Backup Generators. As the Project’s warehouse isspeculative, it is unknown whether emergency backup generators would be used. Backup generators would only be used in the event of a power failure and would not be part of the Project’s normal daily operations. Nonetheless, emissions associated with this equipment were included to be conservative. Emissions from an emergency backup generator for the warehouse building was calculated separately from CalEEMod; refer to Appendix A of Draft EIR Appendix G. However, CalEEMod default emissions rates were used. If backup generators are required, the end user would be required to obtain a permit from the SCAQMD prior to installation. Emergency backup generators must meet SCAQMD's Best Available Control Technology (BACT) requirements and comply with SCAQMD Rule 1470 (Requirements for Stationary Diesel-Fueled Internal Combustion and Other Compression Ignition Engines), which would minimize emissions. • Mobile Sources. Mobile sources are emissions from motor vehicles. Project-generated vehicle emissions are based on the trip generation within Draft EIR Appendix K1 incorporated into CalEEMod as recommended by the SCAQMD. Refer to Section 4.13, Transportation of this EIR for more information.
4.7.5 Impacts and Mitigation Measures
Impact 4.7-1 Would the Project generate GHG emissions, either directly or indirectly, that could have a significant impact on the environment?
Level of Significance: Significant and Unavoidable
Construction
Short-Term Construction Greenhouse Gas Emissions
The Project would result in direct emissions of CO2, N2O, and CH4 from construction equipment and the transport of materials and construction workers to and from the Project site. The GHG emissions only occur during temporary construction activities and would cease once construction is complete. The total GHG emissions generated during the construction of the Project are shown in Table 4.7-2, ConstructionRelated Greenhouse Gas Emissions.
Table 4.7-2: Construction-Related Greenhouse Gas Emissions Category MTCO2e
Construction Year 1 (2024) 1,656
Construction Year 2 (2025) 111
Total Construction Emissions 1,767
30-Year Amortized Construction Emissions 59
Source: Kimley-Horn & Associates. (2022). Greenhouse Gas Emissions Assessment. Page 24 – Table 2 Item Title: 11.2
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As shown in Table 4.7-2, the Project would result in the generation of approximately 1,767 MTCO2e over the course of construction. Construction GHG emissions are typically summed and amortized over a 30- year period and then added to the operational emissions. 14 The amortized Project construction emissions
would be 59 MTCO2e per year. Once construction is complete, the generation of these GHG emissions would cease.
Operations
Long-Term Operational Greenhouse Gas Emissions
Operational or long-term emissions occur over the life of the Project. GHG emissions would result from direct emissions such as Project-generated vehicular traffic, on-site combustion of natural gas, 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. GHG emissions associated with the Project are summarized in Table 4.7-3, Project Greenhouse Gas Emissions.
Table 4.7-3: Project Greenhouse Gas Emissions
Emissions Source MTCO2e per Year
Unmitigated Mitigated
Area and Indirect Sources
Construction Amortized Over 30 Years 59 59
Area Source1 0.04 0.02
Energy – Electricity2 65 52
Energy – Natural Gas 76 76
Off-road (Forklifts and Yard Trucks)3 969 521
Emergency Backup Generator 20 20
Waste4 331 82
Water and Wastewater 491 491
Subtotal 2,011 1,301
Mobile Sources
Warehouse Trucks 1,810 1,810
Warehouse Passenger Cars5 3,202 3,161
Subtotal 5,012 4,971
TOTAL 7,023 6,272
Threshold 3,000 3,000
Exceeds Threshold? Yes Yes
14 Ibid. p. 24
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 368
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Emissions Source MTCO2e per Year
Unmitigated Mitigated
1. Mitigation Measure GHG-6 requires electric landscaping equipment, which would reduce area source emissions.
2. Mitigation Measure GHG-1 requires the Project to install solar
3. Mitigation Measure AQ-4 (refer to the Project’s Air Quality Assessment [Appendix B1]) requires all forklifts to be powered by electricity or other zero emission technology.
4. Mitigation Measure GHG-5 requires the Project to divert a minimum of 75 percent of landfill waste.
5. Mitigation Measure AQ-3 (refer to the Projects Air Quality Assessment [Appendix B1]) requires implementation of a TDM program.
Source: Kimley-Horn & Associates. (2022). Greenhouse Gas Emissions Assessment. Page 25 – Table 3 As shown in Table 4.7-3, the Project’s unmitigated emissions would be approximately 7,023 MTCO2e annually from both construction and operations. Project-related GHG emissions would exceed the 3,000 MTCO2e per year threshold. The majority of the GHG emissions (71 percent of unmitigated emissions and 79 percent of mitigated emissions) are associated with non-construction related mobile sources.
Emissions of motor vehicles are controlled by State and Federal standards, and the Project has no control over these standards.
The Project would not include cold storage, which would reduce emissions from transport refrigeration units (TRUs). Additionally, mitigation measures (MM) in the Project’s Air Quality Assessment (Appendix B1) would also reduce emissions. MMs AQ-2 through AQ-5 would reduce emissions by limiting engine idling, implementation of a transportation demand management (TDM) program, requiring all forklifts to be zero emissions, and posting signage with instructions that reduce emissions. The Project also includes MMs GHG-1 through GHG-7 to further reduce emissions. MM GHG-1 requires the installation of solar photovoltaic (PV) panels to offset 49 kwdc the Project’s energy consumption. MM GHG-2 prohibits the Project from including cold storage equipment for warehouse purposes. MM GHG-3 requires the facility operator to provide tenants with information on incentive programs such as the Moyer program and Smartway program to increase transportation efficiency. MM GHG-4 requires EV ready infrastructure and EV charging stations in employee parking lots. MM GHG-5 requires the Project to divert 75 percent of waste from landfills and MM GHG-6 requires landscape equipment to be 100 percent electric. MM GHG7 also requires the site plan to designate an area of the site for three future truck charging stations and install electrical conduit.
In addition, the Project would be required to comply with SCAQMD Rule 2305 (warehouse indirect source rule) which would directly reduce emissions or to otherwise facilitate emissions reductions. Alternatively, warehouse operators can choose to pay a mitigation fee. Funds from the mitigation fee will be used to incentivize the purchase of cleaner trucks and charging/fueling infrastructure in communities nearby.
Although Rule 2305 focuses on air quality pollutant emissions, the rule would facilitate cleaner vehicles and supporting infrastructure that would also result in GHG benefits.
Warehouse owners and operators are required to earn Warehouse Actions and Investments to Reduce Emissions (WAIRE) Points each year. WAIRE points are a menu-based system earned by emission reduction measures. Warehouse operators are required to submit an annual WAIRE Report which includes truck trip data and emission reduction measures. WAIRE points can be earned by completing actions from a menu that can include acquiring and using natural gas, Near-Zero Emissions and/or Zero-Emissions onItem Title: 11.2 Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 369
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road trucks, zero-emission cargo handling equipment, solar panels or zero-emission charging and fueling infrastructure, or other options.
As shown in Table 4.7-3, implementation of MMs GHG-1 through GHG-7 would reduce Project emissions.
However, despite implementation of mitigation, total mitigated emissions would continue to exceed the threshold. The TDM program required by MM AQ-3 could reduce GHG emissions from employees commuting to work; however, the TDM program would not reduce truck trips to the site.
Implementation of mitigation measures and standard conditions would reduce Project emissions to 6,272 MTCO2e per year. However, the Project’s emissions would still exceed the 3,000 MTCO2e per year threshold. Additional mitigation to further reduce these emissions is not feasible.
Emissions associated with mobile sources total 4,971 MTCO2e per year. Additional mitigation to reduce the Project’s mobile emissions is not feasible due to the limited ability of the City of Menifee to address emissions resulting from trucks, cars, and/or emissions generated by these trucks outside of the City’s limits. As with all land use projects, the Project’s mobile and transportation related GHG emissions are a function of two parameters: emissions control technology and vehicle miles traveled (VMT).
CARB is directly responsible for regulating mobile and transportation source emissions in the State.
Regarding the first parameter, California addresses emissions control technology through a variety of legislation and regulatory schemes, including the state’s Low Carbon Fuel Standard (Executive Order S-01- 07) (LCFS), a regulatory program designed to encourage the use of cleaner low-carbon transportation fuels in California, encourage the production of those fuels, and therefore, reduce GHG emissions and decrease petroleum dependence in the transportation sector. The regulatory standards are expressed in terms of the “carbon intensity” of gasoline and diesel fuel and their substitutes. Different types of fuels are evaluated to determine their “life cycle emissions” which include the emissions associated with producing, transporting, and using the fuels. Each fuel is then given a carbon intensity score and compared against a declining carbon intensity benchmark for each year. Providers of transportation fuels must demonstrate that the mix of fuels they supply for use in California meets these declining benchmarks for each annual compliance period. In 2018, CARB approved amendments to the LCFS, which strengthened the carbon intensity benchmarks through 2030 to ensure they are in-line with California’s 2030 GHG emission reduction target enacted through SB 32. This ensures that the transportation sector is meeting its obligations to achieve California’s GHG reduction targets. The state is also implementing legislation and regulations to address the second parameter affecting transportation related GHG emissions by controlling for VMT. Examples of this include SB 375, which links land use and transportation funding and provides one incentive for regions to achieve reductions in VMT, and SB 743, which discourages VMT increases for passenger car trips above a region-specific benchmark. However, the state has determined that VMT regulations are not applicable to heavy trucks, such as those that will utilize the Project.
As such, the City of Menifee has no regulatory control over emissions control technology and therefore limited ability to control or mitigate emissions associated with truck emissions associated with this Project.
The reliance on carbon offsets to reduce either the Project’s mobile or non-mobile emissions is also not feasible, as no local programs are available that would meet CEQA’s criteria for a valid mitigation measure.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 370
Menifee Mayor and City Council November 20, 2024 Page 1216 of 2294 City of Menifee
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To reduce emissions, purchased offset credits must be genuine, quantifiable, additional, and verifiable.
Even offset credits purchased from CARB-approved offset project registries have been determined to not adequately assure that purchased offset credits accurately and reliably represent actual emissions reductions or cannot guarantee that such reductions are additional to any reduction that would occur under business-as-usual operations and reductions required by law. Such offsets have been determined to not comply with CEQA’s definition of a valid mitigation measure. See Golden Door Properties, LLC v.
County of San Diego (2020) 50 Cal.App.5th 467.
The City as the lead agency for the Project and the entity responsible for enforcing any mitigation measures incorporated into the Project and relied upon to reduce impacts to a less than significant level, has no enforcement authority over offset credits that fund carbon reduction projects outside of the City.
Many offset credits “sell” reductions in emissions generated outside of California, which may not be genuine or verifiable. International offsets are even more difficult to verify, guarantee and enforce. Even CARB does not have enforcement authority over such reductions, let alone the City. Thus, the purchase of offset credits is not a feasible mitigation measure to reduce the emissions impact of the Project.
Since mitigated future mobile source emissions would continue to exceed the 3,000 MTCO2e threshold and no additional feasible mitigation beyond MMs AQ-2 through AQ-5 and MMs GHG-1 through GHG-7 are available to further reduce emissions, this impact would remain significant and unavoidable.
Plans, Programs, and Policies
Existing requirements based on local, state, or federal regulations or laws are frequently required independently of CEQA review. Typical requirements include compliance with the provisions of the Building Code, CalGreen Code, local municipal code, SCAQMD Rules, etc. Because Plans, Programs, and Policies (PPP) are neither Project specific nor a result of development of the Project, they are not considered to be project design features or Mitigation Measures. Refer to PPPs listed in Section 4.2, Air Quality for PPP-1 through PPP-8.
Mitigation Measures
Refer to Section 4.2, Air Quality for MMs AQ-2 through AQ-5.
MM GHG-1 Prior to issuance of tenant occupancy permits, the Project shall be required to install a minimum 49 kwdc solar photovoltaic (PV) system or offset an equivalent amount of energy demand through the purchase of renewable energy or implementation of alternative renewable measures, subject to approval by the Community Development Director or his/her designee. To allow future operators to earn WAIRE Program points pursuant to SCAQMD’s Rule 2305, the exact timing of the PV system installation may be modified at the discretion of the Community Development Director or his/her designee.
The final PV generation facility size requires approval by Southern California Edison (SCE).
SCE’s Rule 21 governs operating and metering requirements for any facility connected to SCE’s distribution system. Should SCE limit the off-site export, the proposed Project may utilize a battery energy storage system (BESS) to lower off-site export while maintaining on-site renewable generation to off-set consumption. The building shall include an electrical system and other infrastructure sufficiently sized to accommodate the PV Item Title: 11.2
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arrays. The electrical system and infrastructure must be clearly labeled with noticeable and permanent signage.
In addition, to ensure that the Project’s electrical room(s) is sufficiently sized to accommodate the potential need for additional electrical panels, prior to building permit issuance, either (1) a secondary electrical room shall be provided in the building, or (2) the primary electrical room shall be sized 25 percent larger than is required to satisfy the service requirements of the building or the electrical gear shall be installed with the initial construction with 25 percent excess demand capacity.
MM GHG-2 Prior to the issuance of building permits and prior to issuance of tenant occupancy permits, the City of Menifee Community Development Department shall confirm that the Project does not include cold storage equipment for warehousing purposes. Cold storage was not included in this report and is therefore prohibited.
MM GHG-3 The facility operator shall provide tenants with an information packet that:
• Provides information on incentive programs, such as the Carl Moyer Memorial Air Quality Standards Attainment Program (Moyer Program), and other similar funding opportunities, by providing applicable literature available from the California Air Resources Board (CARB). The Moyer Program On- Road Heavy-Duty Vehicles Voucher Incentive Program (VIP) provides funding to individuals seeking to purchase new or used vehicles with 2013 or later model year engines to replace an existing vehicle that is to be scrapped.
• Provides information on the United States Environmental Protection Agency’s SmartWay program and tenants shall be encouraged to use carriers that are SmartWay carriers.
MM GHG-4 Prior to precise grading permit issuance, the Project shall be required to to show on the precise grading plans 20 percent of the employee parking stalls on-site as "EV Capable", which includes electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging.
In addition, 25 percent of the EV Capable parking stalls shall have electric vehicle supply equipment (EVSE) installed and operational. EVSE includes conductors, electric vehicle connectors, attachment plugs, personal protection system, and all other fittings, devices, power outlets or apparatus installed specifically for the purpose of transferring energy to the electric vehicle.
MM GHG-5 The Project shall divert a minimum of 75-percent of landfill waste during operation. Prior to issuance of certificate of tenant occupancy permits, a recyclables collection and load area shall be constructed in compliance with City of Menifee standards for Recyclable Collection and Loading Areas, and the facility’s operator shall be required to provide the City with a copy of the Project’s recycling program.
MM GHG-6 All landscaping equipment used onsite shall be 100 percent electrically powered. The building manager or their designee shall be responsible for enforcing these requirements.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 372
Menifee Mayor and City Council November 20, 2024 Page 1218 of 2294 City of Menifee
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MM GHG-7 Prior to the issuance of precise grading permits, plans shall identify the location of future electric truck charging stations (minimum of three) and where conduit shall be installed to those spaces.
Impact 4.7-2 Would the Project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Level of Significance: Significant and Unavoidable
City of Menifee General Plan Consistency
The City’s GP Open Space and Conservation Element establishes goals to have efficient and environmentally appropriate use and management of energy and mineral resources to ensure their availability for future generations as well as an environmentally aware community that is responsive to changing climate conditions and actively seeks to reduce local greenhouse gas emissions. Policies to meet these goals include:
OSC-9.5: Comply with the mandatory requirements of Title 24 Part 11 of the California Building Standards Code (CALGreen) and the Title 24 Part 6 Building Energy Efficiency Standards.
Project Consistency: The Project would be conditioned to implement the applicable elements of the California Energy Code, Title 24, Part 6 Building Energy Efficiency Standards and Part 11 CALGreen Standards. The Project would be consistent with City GP Policy OSC-9.5.
OSC-10.1: Align the city's local GHG reduction targets to be consistent with the statewide GHG reduction target of AB 32.
Project Consistency: The Project would exceed the applicable numeric GHG threshold and conflict with the GHG reduction measures associated with AB 32. Thus, the Project would conflict with City GP Policy OSC-10.1.
OSC-10.2: Align the city's long-term GHG reduction goal consistent with the statewide GHG reduction goal of Executive Order S-03-05.
Project Consistency: The Project would exceed the applicable numeric GHG threshold despite the implementation of MM AQ-2 through MM AQ-5 in the air quality assessment and MM GHG-1 through MM GHG-7, which will reduce GHG emissions to the maximum extent feasible. Therefore, the Project would result in a cumulatively considerable impact with respect to GHG emissions. Thus, the Project would potentially conflict with General Plan Policy OSC-10.2 and impacts would be significant and unavoidable.
OSC-10.3: Participate in regional greenhouse gas emission reduction initiatives.
Project Consistency: At the time the NOP for the Project was released (April 2022), there were no additional regional GHG emission reduction activities that applied to the Project. Thus, the Project would not conflict with City GP Policy OSC-10.3.
OSC-10.4: Consider impacts to climate change as a factor in evaluation of policies, strategies, and projects.
Item Title: 11.2
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Menifee Mayor and City Council November 20, 2024 Page 1219 of 2294 City of Menifee
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Project Consistency: The Project has considered impacts to climate change as a factor in the evaluation of the Project. Furthermore, the Project incorporates a number of mitigation measures that would serve to reduce climate change-related impacts. Thus, the Project would not conflict with City GP Policy OSC-10.4.
SCAG Connect SoCal Consistency
On September 3, 2020, SCAG’s Regional Council adopted Connect SoCal. The Connect SoCal is a long-range visioning plan that balances future mobility and housing needs with economic, environmental, and public health goals. The Connect SoCal embodies a collective vision for the region’s future and is developed with input from local governments, county transportation commissions, tribal governments, nonprofit organizations, businesses, and local stakeholders in the counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura. SCAG’s Connect SoCal establishes GHG emissions goals for automobiles and light-duty trucks for 2020 and 2035 as well as an overall GHG target for the Project region consistent with both the target date of AB 32 and the post-2020 GHG reduction goals of Executive Orders 5-03-05 and B-30-15.
The Connect SoCal contains over 4,000 transportation projects, ranging from highway improvements, railroad grade separations, bicycle lanes, new transit hubs and replacement bridges. These future investments were included in county plans developed by the six county transportation commissions and seek to reduce traffic bottlenecks, improve the efficiency of the region’s network, and expand mobility choices for everyone. The Connect SoCal is an important planning document for the region, allowing project sponsors to qualify for federal funding.
SCAG’s Connect SoCal accounts for operations and maintenance costs to ensure reliability, longevity, and cost effectiveness. The Connect SoCal is also supported by a combination of transportation and land use strategies that help the region achieve state GHG emissions reduction goals and FCAA requirements, preserve open space areas, improve public health and roadway safety, support our vital goods movement industry, and utilize resources more efficiently. GHG emissions resulting from development-related mobile sources are the most potent source of emissions, and therefore Project comparison to the Connect SoCal is an appropriate indicator of whether the Project would inhibit the post-2020 GHG reduction goals promulgated by the state. The Project’s consistency with the Connect SoCal’s goals is analyzed in detail in Table 4.7-4, SCAG Connect SoCal Consistency.
Table 4.7-4: SCAG Connect SoCal Consistency
SCAG Goals Compliance
GOAL 1:
1 1
:
Encourage regional economic prosperity
and global competitiveness.
N/A: This is not a project-specific policy and is therefore not applicable. However, the Project is located on a
vacant site and development of the site would
contribute to regional economic prosperity.
GOAL 2:
2 :
Improve mobility, accessibility, reliability,
and travel safety for people and goods.
Consistent: Although this Project is not a transportation improvement project, the Project is located near
existing transit routes on I-215 and SR-74.
GOAL 3: Enhance the preservation, security, and
resilience of the regional transportation
system.
N/A: This is not a transportation improvement project and is therefore not applicable.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 374
Menifee Mayor and City Council November 20, 2024 Page 1220 of 2294 City of Menifee
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SCAG Goals Compliance
GOAL 4: Increase person and goods movement and
travel choices within the transportation
system.
Consistent: The Project includes a warehouse use that would support goods movement and is consistent.
GOAL 5: Reduce greenhouse gas emissions and
improve air quality.
Consistent: The Project is located within an urban area in proximity to existing truck routes and freeways.
Location of the Project within a developed area
would reduce trip lengths, which would reduce GHG
and air quality emissions.
GOAL 6: Support healthy and equitable communities Consistent: With mitigation, Project emissions would not exceed regional or localized air quality significance
thresholds for criteria pollutants. Air quality impacts would be less than significant. Based on the Friant
Ranch decision, projects that do not exceed the
SCAQMD’s LSTs would not violate any air quality
standards or contribute substantially to an existing
or projected air quality violation and result in no
criteria pollutant health impacts.
GOAL 7: Adapt to a changing climate and support an
integrated regional development pattern
and transportation network.
N/A: This is not a project-specific policy and is therefore not applicable.
GOAL 8: Leverage new transportation technologies
and data-driven solutions that result in
more efficient travel.
N/A: This is not a project-specific policy and is therefore not applicable.
GOAL 9: Encourage development of diverse housing
types in areas that are supported by
multiple transportation options.
N/A: The Project involves development of a warehouse
and does not include housing.
GOAL
10:
Promote conservation of natural and
agricultural lands and restoration of
habitats.
Consistent: Although the southern portion of the Project is located on land designated as Farmland of Local
Importance in Exhibit OSC-5, Agricultural Resources
of the Menifee General Plan, the Project is located
within the Economic Development Corridor (General
Plan Exhibit LU-2, Land Use Map) and the Project is
consistent with the City’s Economic Development
Corridor land use.
Source: Kimley-Horn & Associates. (2022). Greenhouse Gas Emissions Assessment. Pages 33 and 34 – Table 4.
The goals stated in the Connect SoCal were used to determine consistency with the planning efforts previously stated. As shown in Table 4.7-4, the Project would be consistent with the stated goals of the Connect SoCal. Therefore, the Project would not result in any significant impacts or interfere with SCAG’s ability to achieve the region’s post-2020 mobile source GHG reduction targets.
California Air Resource Board Scoping Plan Consistency
As previously noted, the 2022 Scoping Plan sets a path to achieve targets for carbon neutrality and reduce anthropogenic GHG emissions by 85 percent below 1990 levels by 2045 in accordance with AB 1279. The transportation, electricity, and industrial sectors are the largest GHG contributors in the State. The 2022 Scoping Plan plans to achieve the AB 1279 targets primarily through zero-emission transportation (e.g., Item Title: 11.2
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electrifying cars, buses, trains, and trucks). Additional GHG reductions are achieved through decarbonizing the electricity and industrial sectors.
Statewide strategies to reduce GHG emissions in the latest 2022 Scoping Plan include implementing SB 100, which would achieve 100 percent clean electricity by 2045; achieving 100 percent zero emission vehicle sales in 2035 through Advanced Clean Cars II; and implementing the Advanced Clean Fleets regulation to deploy zero-electric vehicle buses and trucks. Additional transportation policies include the Off-Road Zero-Emission Targeted Manufacturer rule, Clean Off-Road Fleet Recognition Program, In-use Off-Road Diesel-Fueled Fleets Regulation, Off-Road Zero-Emission Targeted Manufacturer rule, Clean OffRoad Fleet Recognition Program, and Amendments to the In-use Off-Road Diesel-Fueled Fleets Regulation. The 2022 Scoping Plan would continue to implement SB 375. GHGs would be further reduced through the Cap-and-Trade Program carbon pricing and SB 905. SB 905 requires CARB to create the Carbon Capture, Removal, Utilization, and Storage Program to evaluate, demonstrate, and regulate carbon dioxide removal projects and technology.
As indicated in Table 4.7-3, approximately 80 percent of the Project’s mitigated GHG emissions are from mobile sources which would be further reduced by the 2022 Scoping Plan measures described above. It should be noted that the City has no control over vehicle emissions. However, these emissions would decline in the future due to Statewide measures discussed above, as well as cleaner technology and fleet turnover. Several of the State’s plans and policies would contribute to a reduction in mobile source emissions from the Project. These include the following:
• CARB’s Advanced Clean Truck Regulation: Adopted in June 2020, CARB’s Advanced Clean Truck Regulation requires truck manufacturers to transition from diesel trucks and vans to electric zeroemission trucks beginning in 2024. By 2045, every new truck sold in California is required to be zero-emission. The Advanced Clean Truck Regulation accelerates the transition of zero-emission medium-and heavy-duty vehicles from Class 2b to Class 8. • Executive Order N-79-20: Executive Order N-79-20 establishes the goal for 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-emission by 2035 and all medium and heavy-duty vehicles will be zeroemission by 2045. It also directs CARB to develop and propose rulemaking for passenger vehicles and trucks, medium-and heavy-duty fleets where feasible, drayage trucks, and off-road vehicles and equipment “requiring increasing volumes” of new ZEVs “towards the target of 100 percent.” • CARB’s Mobile Source Strategy: CARB’s Mobile Source Strategy takes an integrated planning approach to identify the level of transition to cleaner mobile source technologies needed to achieve all of California’s targets by increasing the adoption of ZEV buses and trucks. • CARB’s Sustainable Freight Action Plan: The Sustainable Freight Action Plan which improves freight system efficiency, utilizes near-zero emissions technology, and deployment of ZEV trucks.
This Plan applies to all trucks accessing the Project site and may include existing trucks or new trucks that are part of the statewide goods movement sector.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 376
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• CARB’s Emissions Reduction Plan for Ports and Goods Movement: CARB’s Emissions Reduction Plan for Ports and Goods Movement identifies measures to improve goods movement efficiencies such as advanced combustion strategies, friction reduction, waste heat recovery, and electrification of accessories.
While these measures are not directly applicable to the Project, any commercial activity associated with goods movement would be required to comply with these measures as adopted. As such, the Project would not interfere with their implementation.
As discussed above, numerous PPPs and mitigation measures would reduce the Project’s mobile source emissions and would support the State’s transition to ZEVs by requiring electric vehicle charging stations and/or infrastructure to support the future installation of truck charging stations (PPP-6, PPP-7, MMGHG4 and MM GHG-7). The Project would also reduce mobile GHG emissions by reducing single occupant vehicle trips with a TDM (MM AQ-3), requiring truck drivers to turn off engines after three minutes of continuous idling (MM AQ-5), updating the truck fleet with newer, cleaner vehicles (MM GHG-3).
Following compliance with all applicable regulations and mitigation measures, the proposed Project would not conflict with the State’s progress towards carbon neutrality under the 2022 Scoping Plan. It is also noted that the Project would not convert any Natural and Working Lands (NWL) and/or decrease the urban forest carbon stock in the State, which are areas of emphasis in the 2022 Scoping Plan.
In conclusion, the Project, due to exceeding the 3,000 MTCO2e per year threshold, would potentially conflict with several of the applicable General Plan polices that are discussed above, and therefore, with respect to this particular threshold, the Project would have a significant impact. In addition, the Project’s long-term operational GHG emissions would exceed the 3,000 MTCO2e per year threshold despite decreasing GHG emissions to the maximum extent feasible with the implementation of MM AQ-2 through MM AQ-5 in the Project Air Quality Assessment and MM GHG-1 through MM GHG-7; thus, the Project could impede California’s statewide GHG reduction goals for 2030 and 2050. A potentially significant impact would therefore occur as a result of the proposed Project.
Mitigation Measures
Refer to MMs AQ-2 through AQ-5, and MMs GHG-1 through GHG-7 in Impact 4.7-1 above.
4.7.6 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 1 day), GHGs have much longer atmospheric lifetimes of 1 year to several thousand years that allow them to be dispersed around the globe.
Cumulative Impacts
It is generally the case that an individual project of this size and nature is of insufficient magnitude by itself to influence climate change or result in a substantial contribution to the global GHG inventory. GHG Item Title: 11.2
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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. However, as discussed above, the Project-related GHG emissions would exceed the 3,000 MTCO2e threshold of significance despite implementation of MMs AQ-2 through AQ-5 from Section 4.2, Air Quality and MMs GHG-1 through GHG-7, and standard conditions and requirements, and could therefore impede statewide 2030 and 2050 GHG emission reduction targets. As such, the Project would result in a potentially significant cumulative GHG impact.
4.7.7 Significant Unavoidable Impacts
Impacts 4.7-1 and 4.7-2 were found to contain potentially significant and unavoidable impacts.
Specifically, significant unavoidable impacts would occur in the following areas despite the implementation of the mitigation measures:
• The Project would generate GHG emissions, either directly or indirectly, that would have a significant impact on the environment (Impact 4.7-1).
• The Project would conflict with an applicable plan, policy, or regulation of an agency adopted for the purpose of reducing GHG emissions (Impact 4.7-2).
• The Project would result in significant cumulative GHG emissions.
4.7.8 References
City of Menifee. 2013. Menifee General Plan Open Space and Conservation Element. https://www.cityofmenifee.us/221/General-Plan.
Kimley-Horn & Associates. (2024). Greenhouse Gas Emissions Assessment.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 378
Menifee Mayor and City Council November 20, 2024 Page 1224 of 2294 City of Menifee
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4.8 HAZARDS AND HAZARDOUS MATERIALS
4.8.1 Introduction
This section of the Draft Environmental Impact Report (EIR) evaluates the potential impacts of the CADO Menifee Industrial Warehouse Project (Project) on human health and the environment due to exposure to hazards and hazardous materials or conditions associated with the Project site, Project construction, and Project operations, within the City of Menifee (City). The following discussion addresses the existing hazards and hazardous materials conditions of the affected environment, considers relevant Menifee General Plan (GP) goals and policies, identifies, and analyzes environmental impacts, and recommends mitigation measures to reduce or avoid adverse impacts anticipated from implementation of the Project, as applicable. The information and analysis herein rely on the following investigation and collectively documents the conditions of the site regarding hazards and hazardous materials. The analysis in this section is based, in part, upon the following source(s):
• Partner Engineering and Science, Inc. (2021). Phase I Environmental Site Assessment (ESA) Report. (Appendix H)
4.8.2 Environmental Setting
Phase I Environmental Site Assessment
The Phase I ESA assessed the Project site’s potential hazardous impacts on human health and the environment due to exposure to hazardous materials or conditions associated with the Project site. Listed below are the findings for the Project site and the surrounding properties:
Current Uses of Property
Currently, there exists two manufactured homes, one garage and several small manufactured shed buildings. In addition to the current structures, the Project site is also improved with livestock pens for chickens, ducks, and horses. The immediately surrounding properties consist of rural residences to the north across Kuffel Road; vacant land to the south; rural residences to the east across Byers Road; and vacant land to the west across Wheat Street.
Additionally, during previous site development activities, near surface soils (where residual agricultural chemical concentrations would have most likely been present, if at all) were generally mixed with fill material or disturbed during grading.
Also, it is common that engineered fill material is placed over underlying soils as part of the development activities. Furthermore, it is likely that residual agricultural chemicals (if any) would have likely degraded since the site was last utilized for agricultural purposes. These additional variables serve to further reduce the potential for exposure to residual agricultural chemicals (if any). Based on these reasons, Partner concludes that the possible former use of agricultural chemicals is not expected to represent a significant environmental concern at this time. No additional potential environmental concerns were identified in association with the current or former use of the Project site.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 379
Menifee Mayor and City Council November 20, 2024 Page 1225 of 2294 City of Menifee
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The United States Geological Survey (USGS) Romoland, California Quadrangle 7.5-minute series topographic map was reviewed for the Phase I ESA (Appendix H). According to the contour lines on the topographic map, the Project site is located at approximately 1,430 feet above mean sea level (amsl). The contour lines in the area of the Project site indicate the area is sloping toward the north-northeast.
Historical Uses of Property
According to available historical sources, the Project site was formerly undeveloped as early as 1901; agriculturally developed from at least 1938 to 1978; vacant land between 1985 and 2002; and developed with the current structures in 2002. Tenants on the Project site include residential listings from 2005 to present. The Project site parcels were historically used for agricultural purposes. There is a potential that agricultural related chemicals such as pesticides, herbicides, and fertilizers, may have been used and stored on-site.
Solid Waste Disposal, Wastewater, and Surface Water Drainage Solid waste generated at the Project site is disposed of in residential trash cans. An independent solid waste disposal contractor removes solid waste from the Project site. No evidence of illegal dumping of solid waste was observed. Domestic wastewater generated at the Project site are directed to an on-site septic system. No industrial process is currently performed at the Project site. Storm water is removed from the Project site primarily by direct percolation into the soils at the site. No surface impoundments, wetlands, natural catch basins, settling ponds, or lagoons are located on the Project site. No drywells were identified on the Project site.
Septic Systems
There are three septic tanks on the project site that have been used to store sanitary waste generated by the on-site residences. There is no indication that these septic tanks are leaking or otherwise damaged and they will be removed during Project construction. As such, there are significant environmental concerns associated with the septic tanks.
Wells and Cisterns
No aboveground evidence of wells or cisterns was observed during the site reconnaissance.
Source of Heating and Cooling
Heating and cooling systems as well as domestic hot water equipment are fueled by electricity and natural gas provided by on-site solar panels and an on-site propane aboveground storage tank (AST), respectively.
Hazardous Substances and Petroleum Products Used or Stored at the Site No evidence of the use of reportable quantities of hazardous substances was observed on the Project site.
Small quantities of general maintenance supplies were found to be properly labeled and stored at the time of the Phase I ESA and no spills, stains, or other indications that a surficial release has occurred at the Project site were observed. The storage and use of maintenance supplies does not appear to pose a significant threat to the environmental integrity of the Project site.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 380
Menifee Mayor and City Council November 20, 2024 Page 1226 of 2294 City of Menifee
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Aboveground & Underground Hazardous Substance or Petroleum Product Storage Tanks No evidence of current or former ASTs or underground storage tanks (USTs) were observed during at the Project site.
Polychlorinated Biphenyls
No potential Polychlorinated Biphenyls (PCB)-containing equipment (transformers, oil-filled switches, hoists, lifts, dock levelers, hydraulic elevators, etc.) was observed on the Project site.
Strong, Pungent or Noxious Odors
No strong, pungent, or noxious odors were evident.
Pools of Liquid
No pools of liquid were observed on the Project site.
Drains, Sumps and Clarifiers
No drains, sumps, or clarifiers, other than those associated with storm water removal, were observed on the Project site.
Pits, Ponds and Lagoons
No pits, ponds or lagoons were observed on the Project site.
Stressed Vegetation
No stressed vegetation was observed on the Project site.
Additional Potential Environmental Hazards
No additional environmental hazards, including landfill activities or radiological hazards, were observed.
Asbestos-Containing Materials
Asbestos is the name given to a number of naturally occurring, fibrous silicate minerals mined for their useful properties such as thermal insulation, chemical and thermal stability, and high tensile strength. The Occupational Safety and Health Administration (OSHA) regulation 29 Code of Federal Regulations (CFR) 1926.1101 requires certain construction materials to be presumed to contain asbestos, for purposes of this regulation. All thermal system insulation (TSI), surfacing material, and asphalt/vinyl flooring that are present in a building that have not been appropriately tested are presumed “asbestos-containing material” (ACM).
The Project site buildings were constructed in 2006 and are modular structures, therefore, an asbestos evaluation was not required.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 381
Menifee Mayor and City Council November 20, 2024 Page 1227 of 2294 City of Menifee
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Lead-Based Paint
Lead is a highly toxic metal that affects virtually every system of the body. Lead-Based Paint (LBP) is defined as any paint, varnish, stain, or other applied coating that has 1 mg/cm2 (or 5,000 ug/g or
0.5 percent by weight) or more of lead. Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as “Title X,” to protect families from exposure to lead from paint, dust, and soil. Under Section 1017 of Title X, intact LBP on most walls and ceilings is not considered a “hazard,” although the condition of the paint should be monitored and maintained to ensure that it does not become deteriorated. Further, Section 1018 of this law directed the Housing and Urban Development (HUD) and the U.S. Environmental Project Agency (U.S. EPA) to require the disclosure of known information on LBP and LBP hazards before the sale or lease of most housing built before 1978.
It is unlikely that LBP is present in buildings constructed after 1977. Therefore, due to the age of the Project site buildings, it is unlikely that LBP is present. As such, a lead-based paint evaluation was not required.
Radon
Radon is a colorless, odorless, naturally occurring, radioactive, inert, gaseous element formed by radioactive decay of radium (Ra) atoms. The U.S. EPA has prepared a map to assist National, State, and local organizations to target their resources and to implement radon-resistant building codes. However, the map does give a valuable indication of the propensity of radon gas accumulation in structures.
Radon sampling was not conducted as part of the Phase I ESA. Review of the U.S. EPA Map of Radon Zones places the Project site in Zone 2 (between 2.0 and 4.0 pCi/L; Moderate). Based upon the radon zone classification, radon is not considered to be a significant environmental concern.
Lead in Drinking Water
According to available information, the Project site is served by an on-site well, as well as a public water system, operated by the Elsinore Valley Municipal Water District (EVMWD). The sources of public water for the EVMWD are from a mix of local groundwater, surface water, and imported water. According to the EVMWD 2020 Annual Water Quality Report, water supplied to the Project site is in compliance with all State and Federal regulations pertaining to drinking water standards, including lead and copper. Water sampling was not conducted to verify water quality.
Mold
Molds are microscopic organisms found virtually everywhere, indoors and outdoors. Mold will grow and multiply under the right conditions, needing only sufficient moisture (e.g.in the form of very high humidity, condensation, or water from a leaking pipe, etc.) and organic material (e.g., ceiling tile, drywall, paper, or natural fiber carpet padding).
Accessible, interior areas for the Project site building were observed for significant evidence of mold growth. No obvious indications of water damage or mold growth were observed during the visual assessment.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 382
Menifee Mayor and City Council November 20, 2024 Page 1228 of 2294 City of Menifee
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Adjacent Property Reconnaissance
The adjacent property reconnaissance consisted of observing the adjacent properties from the Project site premises. No items of environmental concern were identified on the adjacent properties during the site assessment, including hazardous substances, petroleum products, ASTs, USTs, evidence of releases, PCBs, strong or noxious odors, pools of liquids, sumps or clarifiers, pits or lagoons, stressed vegetation, or any other potential environmental hazards.
Findings and Recommendations
A recognized environmental condition (REC) refers to the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property. The Phase I ESA did not identify any RECs during the course of its assessment.
A controlled recognized environmental condition (CREC) refers to a REC resulting from a past release of hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable regulatory authority, with hazardous substances or petroleum products allowed to remain in place subject to the implementation of required controls. The Phase I ESA did not identify any CRECs during the course of its assessment.
A historical recognized environmental condition (HREC) refers to a past release of any hazardous substances or petroleum products that has occurred in connection with the property and has been addressed to the satisfaction of the applicable regulatory authority or meeting unrestricted use criteria established by a regulatory authority, without subjecting the property to any required controls. The Phase I ESA did not identify any HRECs during the course of this assessment.
An environmental issue refers to environmental concerns identified, which do not qualify as RECs; however, warrant further discussion. Lastly, the Phase I ESA did not identify any environmental issues during the course of its assessment.
Partner has performed a Phase I ESA in conformance with the scope and limitations of ASTM Practice E1527-13 of 26065 Byers Road in the City of Menifee, Riverside County, California (the “Project site”). Any exceptions to, or deletions from, this practice are described in the Phase I ESA. This assessment has revealed no evidence of RECs or environmental issues in connection with the Project site. Based on the conclusions of this assessment, Partner recommends no further investigation of the Project site at this time.
Airport Proximity
The nearest airstrips are the Perris Valley Airport (located roughly 1.5-miles to the northwest) and the March Air Reserve Base (located roughly 10 miles to the northwest).
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 383
Menifee Mayor and City Council November 20, 2024 Page 1229 of 2294 City of Menifee
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March Air Reserve Base
A portion of the City, is covered by March Air Reserve Base Compatibility Zones D (Flight Corridor Buffer) or E (Other Airport Environs), as shown in City’s March Air Reserve Base Land Use Compatibility Map.1The Project site is not within these zones of the March Air Reserve Base.
Perris Valley Airport
The Perris Valley Airport is a specialized facility catering predominantly to skydivers and ultralight aircraft enthusiasts. According to the Perris Valley Airport Land Use Plan2, portions of the airport influence area (AIA) are located within City limits, approximately one-mile northwest of the City. Affected land uses within the AIA would be Economic Development Corridor (EDC) land uses, and residential land uses. The Project site is within Zone E influence area for the Perris Valley Airport.
Wildland Fire Hazards
According to CAL FIRE’s Fire Hazard Severity Zone (FHSZ) Viewer Map, the Project site is not located in a State Responsibility Area (SRA) or Very High Fire Hazard Severity Zone (VHFHSZ). 3 Evacuation Routes
According to the Western Riverside Council of Governments (WRCOG)/San Bernardino County Transportation Authority (SBCTA) Sustainability Toolkit Evacuation Routes viewer, WRCOG Area Evacuation Routes in the Project area include I-215, Case Road, Ethanac Road, Murrieta Road, and Goetz Road.4
4.8.3 Regulatory Setting
Federal
Resource Conservation and Recovery Act
The Resource Conservation and Recovery Act (RCRA) of 1976 (42 United States Code [USC] §6901 et seq.) is the principal federal law that regulates the generation, management, and transportation of waste.
Hazardous waste management includes the treatment, storage, or disposal of hazardous waste. The RCRA gave the U.S. EPA the authority to control hazardous waste from “cradle to grave,” that is, from generation to transportation, treatment, storage, and disposal, at active and future facilities. It does not address abandoned or historical sites. The RCRA also set forth a framework for managing non-hazardous wastes.
Later amendments required phasing out land disposal of hazardous waste and added underground tanks storing petroleum and other hazardous substances.
1 City of Menifee. (2014). Exhibit LU-5b, March Air Reserve Base Land Use Compatibility Map. Retrieved from:
https://cityofmenifee.us/DocumentCenter/View/6010/COM---GP-Exhibit-LU-5a-c?bidId= (accessed August 2023). 2 City of Menifee. (2014). Exhibit LU-5c, Perris Valley Airport Land Use Compatibility Map. Retrieved from:
https://cityofmenifee.us/DocumentCenter/View/6010/COM---GP-Exhibit-LU-5a-c?bidId= (accessed August 2023). 3 CAL FIRE. (2023). FHSZ Viewer. Available at: https://calfireforestry.maps.arcgis.com/apps/webappviewer/index.html?id=988d431a42b242b29d89597ab693d008 (accessed August 2023). 4 WRCOG. ND. WRCOG/SBCTA Sustainability Toolkit Evacuation Routes. Retrieved from:
https://www.arcgis.com/apps/webappviewer/index.html?id=4168a1efbdca40f889ea9dba43e04b4e&extent=- 13138981.0556%2C4022288.1589%2C-12669351.9538%2C4239369.3193%2C102100 (accessed August 2023).
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 384
Menifee Mayor and City Council November 20, 2024 Page 1230 of 2294 City of Menifee
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Comprehensive Environmental Response, Compensation, and Liability Act/Superfund Amendments and Reauthorization Act
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, was enacted by Congress on December 11, 1980. This law (USC Title 42, Chapter 103) provides broad federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. CERCLA establishes requirements concerning closed and abandoned hazardous waste sites; provides for liability of persons responsible for releases of hazardous waste at these sites; and establishes a trust fund to provide for cleanup when no responsible party can be identified. CERCLA also enables the revision of the National Contingency Plan (NCP). The NCP (Title 40, Code of Federal Regulation [CFR], Part 300) provides the guidelines and procedures needed to respond to releases and threatened releases of hazardous substances, pollutants, and/or contaminants. The NCP also established the National Priorities List (NPL). CERCLA was amended by the Superfund Amendments and Reauthorization Act (SARA) on October 17, 1986.
Comprehensive Environmental Response, Compensation, and Liability Information System and the National Priorities List
The U.S. EPA also maintains the Comprehensive Environmental Response Compensation (CERCLIS) and Liability Information System list. This list contains sites that are either proposed to be or on the NPL, as well as sites that are in the screening and assessment phase for possible inclusion on the NPL. The NPL is a list of the worst hazardous waste sites that have been identified by Superfund. There are no NPL sites on the Project site.
Emergency Planning and Community Right-to-Know Act
Title III of SARA authorized the Emergency Planning and Community Right-to-Know Act (EPCRA; 42 USC § 11001 et seq.) to inform communities and citizens of chemical hazards in their areas by requiring businesses to report the locations and quantities of chemicals stored on-site to state and local agencies; releases to the environment of more than 600 designated toxic chemicals; off-site transfers of waste; and pollution prevention measures and activities and to participate in chemical recycling. The U.S. EPA maintains and publishes an online, publicly available, national database of toxic chemical releases and other waste management activities by certain industry groups and federal facilities—the Toxics Release Inventory.
To implement EPCRA, each state appointed a state emergency response commission to coordinate planning and implementation activities associated with hazardous materials. The commissions divided their states into emergency planning districts and named a local emergency planning committee for each district. The federal EPCRA program is implemented and administered in California Governor's Office of Emergency Services (Cal OES), a state commission, six local committees, and 81 Certified Unified Program Agencies (CUPAs). Cal OES coordinates and provides staff support for the state commission and local committees.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 385
Menifee Mayor and City Council November 20, 2024 Page 1231 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.8-8 4.8 | Hazards and Hazardous Materials
Toxic Substances Control Act
The Toxic Substances Control Act of 1976 (TSCA) provides the U.S. EPA with authority to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures. TSCA addresses the production, importation, use, and disposal of specific chemicals including PCBs, asbestos, radon, and LBP. Title IV of the TSCA directs the U.S. EPA to regulate LBP hazards.
TSCA §§ 402 and 404 requires that those engaged in lead abatements, risk assessments and inspections in homes or child-occupied facilities (such as daycare centers and kindergartens) built prior to 1978 be trained and certified in specific practices to ensure accuracy and safety. TSCA § 403, sets standards for dangerous levels of lead in paint, household dust, and residential soil.
Occupational Safety and Health Act
The Federal Occupational Safety and Health Act of 1970 (OSHA) (29 USC § 651 et seq.) authorizes each state (including California) to establish their own safety and health programs with the U.S. Department of Labor, with OSHA approval. The California Department of Industrial Relations regulates implementation of worker health and safety in California. California OSHA enforcement units conduct on-site evaluations and issue notices of violation to enforce necessary improvements to health and safety practices. California standards for workers dealing with hazardous materials are contained in Title 8 of the California Code of Regulations (CCR) and include best practices for all industries (General Industrial Safety Orders), and specific practices for construction and other industries. Workers at hazardous waste sites (or working with hazardous wastes as might be encountered during excavation of contaminated soil) must receive specialized training and medical supervision according to the Hazardous Waste Operations and Emergency Response (HAZWOPER) regulations.
OSHA Regulation 29 CFR Standard 1926.62 regulates the demolition, renovation, or construction of buildings involving lead materials. Federal, state, and local requirements also govern the removal of asbestos or suspected ACMs, including the demolition of structures where asbestos is present. All friable (crushable by hand) ACMs, or non-friable ACMs subject to damage, must be abated prior to demolition following all applicable regulations.
Hazardous Materials Transportation Act
The U.S. Department of Transportation (DOT) receives authority to regulate the transportation of hazardous materials from the Hazardous Materials Transportation Act, as amended and codified (49 U.S.C. § 5101 et seq.). The DOT is the primary regulatory authority for the interstate transport of hazardous materials and establishes regulations for safe handling procedures (i.e., packaging, marking, labeling, and routing).
In California, § 31303 of the California Vehicle Code states that any hazardous material being moved from one location to another must use the route with the least travel time. This, in practice, means major roads and highways, although secondary roads are permitted to be used for local delivery. These policies are enforced by both the California Highway Patrol and the California Department of Transportation (Caltrans).
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 386
Menifee Mayor and City Council November 20, 2024 Page 1232 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.8-9 4.8 | Hazards and Hazardous Materials
Clean Water Act/Spill Prevention, Control and Countermeasure (SPCC) Rule The Clean Water Act (CWA) (33 USC § 1251 et seq.) was enacted with the intent of restoring and maintaining the chemical, physical, and biological integrity of the waters of the U.S. The CWA requires states to set standards to protect, maintain, and restore water quality through the regulation of point source and certain non‐point source discharges to surface water. Those discharges are regulated by the National Pollutant Discharge Elimination System (NPDES) permit process (CWA § 402). In California, NPDES permitting authority is delegated to, and administered by, the nine Regional Water Quality Control Boards (RWQCBs). The Project is within the jurisdiction of the Santa Ana RWQCB.5 Section 402 of the CWA authorizes the California State Water Resources Control Board (SWRCB) to issue NPDES General Construction Storm Water Permit (Water Quality Order 99‐08‐DWQ), referred to as the “General Construction Permit.”
Construction activities can comply with and be covered under the General Construction Permit provided that they:
• Develop and implement a Storm Water Pollution Prevention Plan (SWPPP) which specifies Best Management Practices (BMPs) that will prevent all construction pollutants from contacting stormwater and with the intent of keeping all products of erosion from moving off‐site into receiving waters
• Eliminate or reduce non‐stormwater discharges to storm sewer systems and other waters of the U.S.; and
• Perform inspections of all BMPs.
NPDES regulations are administered by the RWQCB. Projects that disturb one or more acres are required to obtain NPDES coverage under the Construction General Permits.
Title 40, Code of Federal Regulations, § 61 Subpart M
Title 40 CFR § 61 Subpart M—National Emissions Standards for Asbestos—sets forth emissions standards for asbestos from demolition and renovation activities, and for waste disposal from such activities.
Title 40, Code of Federal Regulations, Part 745
Title 40 CFR Part 745 contains regulations developed under §§ 402 and 406 of the TSCA and applies to all renovations performed for compensation in target housing and child-occupied facilities. The purpose of this part is to ensure the following:
• Owners and occupants of target housing and child-occupied facilities receive information on LBP hazards before these renovations begin; and
• Individuals performing renovations regulated in accordance with § 745.82 are properly trained; renovators and firms performing these renovations are certified; and the work practices in § 745.85 are followed during these renovations.
5 California Water Boards. (2023). Santa Ana Region – Regional Boundaries Map. Retrieved from:
https://www.waterboards.ca.gov/santaana/about_us/regional_boundaries_map.html. (accessed August 2023).
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 387
Menifee Mayor and City Council November 20, 2024 Page 1233 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.8-10 4.8 | Hazards and Hazardous Materials Title 29, Code of Federal Regulations, § 1926.62
Title 29 CFR § 1926.62, sets standards for occupational health and environmental controls for lead exposure in construction, regardless of the lead content of paints and other materials. The standards include requirements addressing exposure assessment, methods of compliance, respiratory protection, protective clothing and equipment, hygiene facilities and practices, medical surveillance, medical removal protection, employee information and training, signs, recordkeeping, and observation and monitoring.
U.S. EPA’s Lead Renovation, Repair and Painting Program Rules The U.S. EPA’s 2008 LBP Renovation, Repair and Painting (RRP) Rule (as amended in 2010 and 2011), aims to protect the public from LBP hazards associated with renovation, repair, and painting activities. These activities can create hazardous lead dust when surfaces with lead paint, even from many decades ago, are disturbed. The rule requires workers to be certified and trained in the use of lead-safe work practices, and requires renovation, repair, and painting firms to be U.S. EPA-certified. These requirements became fully effective April 22, 2010.
Federal Aviation Administration
The basic responsibilities of the Federal Aviation Administration (FAA), under the U.S. Department of Transportation, are the regulation of civil aviation to promote safety, airspace and air traffic management, and the regulation of commercial space transportation. The CFR contains standards for aircraft noise emission levels.
State
California Environmental Protection Agency
The California Environmental Protection Agency (Cal/EPA) was created in 1991, unifying California’s environmental authority in a single cabinet-level agency and bringing the California Air Resources Board (Air Resources Board), SWRCB, RWQCB, California Department of Resources Recycling and Recovery (known as CalRecyle and formerly the Integrated Waste Management Board), Department of Toxic Substances Control (DTSC), Office of Environmental Health Hazard Assessment, and Department of Pesticide Regulation under one agency. These agencies were placed within the Cal/EPA “umbrella” for the protection of human health and the environment and to ensure the coordinated deployment of state resources. Its mission is to restore, protect, and enhance the environment, to ensure public health, environmental quality, and economic vitality.
Department of Toxic Substance Control
The DTSC is a department of Cal/EPA and is the primary agency in California that regulates hazardous waste, clean-up existing contamination, and looks for ways to reduce the hazardous waste produced in California. The DTSC regulates hazardous waste in California primarily under the authority of the federal RCRA and the California Health and Safety Code (HSC, primarily Division 20, Chapters 6.5 through 10.6, and Title 22, Division 4.5). Other laws that affect hazardous waste are specific to handling, storage, transportation, disposal, treatment, reduction, cleanup, and emergency planning.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 388
Menifee Mayor and City Council November 20, 2024 Page 1234 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.8-11 4.8 | Hazards and Hazardous Materials California Government Code (CGC) § 65962.5 (commonly referred to as the Cortese List) includes DTSC-listed hazardous waste facilities and sites, Department of Health Services (DHS) lists of contaminated drinking water wells, sites listed by the SWRCB as having UST leaks and which have had a discharge of hazardous wastes or materials into the water or groundwater, and lists from local regulatory agencies of sites that have had a known migration of hazardous waste/material.
Regional Water Quality Control Board
The RWQCB is a department of Cal/EPA that oversees investigation and cleanup of sites including USTs where wastes have been discharged in order to protect the water quality of the state. The RWQCB regulates wastewater discharges to surface waters and to groundwater. They also regulate storm water discharges from construction, industrial, and municipal activities.
California Office of Emergency Services
To protect the public health and safety and the environment, the California Office of Emergency Services (OES) is responsible for establishing and managing statewide standards for business and area plans relating to the handling and release or threatened release of hazardous materials. Basic information on hazardous materials handled, used, stored, or disposed of (including location, type, quantity, and health risks) needs to be available to firefighters, public safety officers, and regulatory agencies. The information must be included in these institutions’ business plans to prevent or mitigate the damage to the health and safety of persons and the environment from the release or threatened release of these materials into the workplace and environment.
These regulations are covered under Chapter 6.95 of the California HSC Article 1 – Hazardous Materials Release Response and Inventory Program (§§ 25500 to 25520) and Article 2 – Hazardous Materials Management (§§ 25531 to 25543.3). CCR Title 19, Public Safety, Division 2, Office of Emergency Services, Chapter 4 – Hazardous Material Release Reporting, Inventory, and Response Plans, Article 4 (Minimum Standards for Business Plans) establishes minimum statewide standards for Hazardous Materials Business Plans (HMBP). These plans shall include the following: (1) a hazardous material inventory in accordance with §§ 2729.2 to 2729.7; (2) emergency response plans and procedures in accordance with § 2731; and (3) training program information in accordance with § 2732. Business plans contain basic information on the location, type, quantity, and health risks of hazardous materials stored, used, or disposed of in the state. Each business shall prepare a HMBP if that business uses, handles, or stores a hazardous material or an extremely hazardous material in quantities greater than or equal to the following: 500 pounds of a solid substance, 55 gallons of a liquid, 200 cubic feet of compressed gas, a hazardous compressed gas in any amount, or hazardous waste in any quantity.
California Health and Safety Code
Cal/EPA has established rules governing the use of hazardous materials and the management of hazardous wastes. California HSC § 25531, et seq. incorporate the requirement of Superfund Amendments and Reauthorization Act and the Clean Air Act as they pertain to hazardous materials. California HSC § 25534 directs owners or operators storing, handling, or using regulated substances exceeding threshold planning quantities to develop and implement a Risk Management Plan. The Risk Management Plans are Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 389
Menifee Mayor and City Council November 20, 2024 Page 1235 of 2294 City of Menifee
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Hazardous Materials Release Response Plans and Inventory Law The Hazardous Materials Release Response Plans and Inventory Law (California HSC § 25500 et seq.) aims to minimize the potential for accidents involving hazardous materials and to facilitate an appropriate response to possible hazardous materials emergencies. The law requires businesses that use hazardous materials to provide inventories of those materials to designated emergency response agencies, to illustrate on a diagram where the materials are stored on-site, to prepare an emergency response plan, and to train employees to use the materials safely. Any business that handles hazardous materials in quantities equal to or greater than 55 gallons, 500 pounds, or 200 cubic feet of gas must submit a business plan.
Hazardous Materials Transportation
Section 31303 of the California Vehicle Code and U.S. Department of Transportation regulate hazardous materials transport. The California Highway Patrol and Caltrans are the enforcement agencies. Cal OES provides emergency response services involving hazardous materials incidents.
Hazardous Waste Control Act
The Hazardous Waste Control Act created the State hazardous waste management program, which is similar to but more stringent than the federal RCRA program. The act is implemented by regulations contained in Title 26 of the CCR, which describes the following required aspects for the proper management of hazardous waste: identification and classification; generation and transportation; design and permitting of recycling, treatment, storage, and disposal facilities; treatment standards; operation of facilities and staff training; and closure of facilities and liability requirements. These regulations list more than 800 materials that may be hazardous and establish criteria for identifying, packaging, and disposing of such waste. Under the Hazardous Waste Control Act and Title 26, the generator of hazardous waste must complete a manifest that accompanies the waste from generator to transporter to the ultimate disposal location. Copies of the manifest must be filed with the DTSC.
Unified Hazardous Waste and Hazardous Materials Management Regulatory Program The Unified Hazardous Waste and Hazardous Materials Management Regulatory Program (Unified Program) required the administrative consolidation of six hazardous materials and waste programs (Program Elements) under one agency, a CUPA. The Program Elements consolidated under the Unified Program are Hazardous Waste Generator and On‐site Hazardous Waste Treatment Programs (“Tiered Permitting”); Aboveground Petroleum Storage Tank SPCC; Hazardous Materials Release Response Plans and Inventory Program (a.k.a. Hazardous Materials Disclosure or “Community-Right‐To‐Know”); California Accidental Release Prevention Program (Cal ARP); Underground Storage Tank (UST) Program; and Uniform Fire Code Plans and Inventory Requirements.
The Unified Program is intended to provide relief to businesses complying with the overlapping and sometimes conflicting requirements of formerly independently managed programs. The Unified Program Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 390
Menifee Mayor and City Council November 20, 2024 Page 1236 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.8-13 4.8 | Hazards and Hazardous Materials is implemented at the local government level by CUPAs. Most CUPAs have been established as a function of a local environmental health or fire department. Some CUPAs have contractual agreements with another local agency, a participating agency, which implements one or more Program Elements in coordination with the CUPA. The Project site is within Riverside County. The Riverside County Department of Environmental Health Hazardous Materials Branch is responsible for overseeing the six hazardous materials programs in the County. The Riverside County Department of Environmental Health Hazardous Materials Branch is responsible for inspecting facilities that handle hazardous materials, generate hazardous waste, treat hazardous waste, own/operate USTs, own/operate aboveground petroleum storage tanks, or handle other materials subject to the California Accidental Release Program. In addition, the Branch maintains an emergency response team that responds to hazardous materials and other environmental health emergencies 24 hours a day, 7 days a week.
California Aeronautics Act
The State Aeronautics Act included in the California Public Utilities Code establishes statewide requirements for airport land use compatibility planning and requires nearly every county to create an Airport Land Use Commission (ALUC) or other alternative.
California Labor Code
Section 9030 of the California Labor Code states that “[t]he standards board shall adopt one or more standards requiring each employer which uses any carcinogen, including asbestos and vinyl chloride, to submit a written report regarding the use or any incident which results in the release of a potentially hazardous amount of a carcinogen into any area where employees may be exposed.” 2022 California Fire Code
CCR Title 24, Part 9 (2019 California Fire Code) contains regulations relating to construction and maintenance of buildings, the use of premises, and the management of wildland-urban interface areas, among other issues. The California Fire Code is updated every three years by the California Building Standards Commission and was last updated in 2022 (adopted January 1, 2023). The Fire Code sets forth regulations regarding building standards, fire protection and notification systems, fire protection devices such as fire extinguishers and smoke alarms, high-rise building standards, and fire suppression training. It contains regulations relating to construction, maintenance, and use of buildings. Topics addressed in the code also include fire department access, fire hydrants, automatic sprinkler systems, fire alarm systems, fire and explosion hazards safety, hazardous materials storage and use, provisions intended to protect and assist fire responders, industrial processes, and many other general and specialized fire-safety requirements for new and existing buildings and the surrounding premises. Development under the Project would be subject to applicable regulations of the California Fire Code.
Worker and Workplace Hazardous Materials Safety
The California Division of Occupational Safety and Health (Cal/OSHA) is responsible for developing and enforcing workplace safety standards and ensuring worker safety in the handling and use of hazardous materials. Among other requirements, Cal/OSHA obligates many businesses to prepare Injury and Illness Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 391
Menifee Mayor and City Council November 20, 2024 Page 1237 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.8-14 4.8 | Hazards and Hazardous Materials Prevention Plans and Chemical Hygiene Plans. The Hazard Communication Standard requires that workers be informed of the hazards associated with the materials they handle.
Hazardous Materials in Structures: Asbestos-Containing Materials and Lead-Based Paint Several regulations and guidelines pertain to abatement of and protection from exposure to ACM and LBP, including Construction Safety Orders § 1529 (pertaining to ACM) and § 1532.1 (pertaining to LBP) from Title 8 of the CCR and Part 61, Subpart M, of the CFR (pertaining to ACM). In California, ACM and LBP abatement must be performed and monitored by contractors with appropriate certification from the California Department of Health Services. Asbestos is also regulated as a hazardous air pollutant under the Clean Air Act and a potential worker safety hazard under the authority of Cal/OSHA.
Requirements for limiting asbestos emissions from building demolition and renovation are specified in South Coast Air Quality Management District (SCAQMD) Rule 1403 (Asbestos Emissions from Demolition/Renovation Activities). CGC §§ 1529 and 1532.1 provide for exposure limits, exposure monitoring, respiratory protection, and good working practice by workers exposed to lead and ACMs.
Requirements for Phase I Environmental Site Assessments Phase I ESAs are required for land purchasers to qualify for the Innocent Landowner Defense under CERCLA, to minimize environmental liability under other laws such as RCRA, and as a lender prerequisite to extend a loan for purchase of land.
California Health and Safety Code, §§ 17920.10 and 105255 Lead must be contained during demolition activities.
8 CCR §§ 1529 and 1532.1: Worker Safety Standards: Asbestos and Lead CCR Title 8 § 1529 sets forth worker safety standards for lead exposure for employees conducting demolition, construction, and renovation work, including painting, and decorating.
CCR Title 8 § 1532.1 sets forth worker safety standards for employees in work including construction, demolition, renovation, and maintenance.
Regional
South Coast Air Quality Management District
SCAQMD Rule 1403 governs the demolition of buildings containing asbestos materials. Rule 1403 specifies work practices with the goal of minimizing asbestos emissions during building demolition and renovation activities, including the removal and associated disturbance of ACM.
Riverside County Department of Environmental Health Hazardous Materials Branch The Riverside County Department of Environmental Health Hazardous Materials Branch is responsible for overseeing the six hazardous materials programs in the County. The CUPA program is designed to Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 392
Menifee Mayor and City Council November 20, 2024 Page 1238 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.8-15 4.8 | Hazards and Hazardous Materials consolidate, coordinate, and uniformly and consistently administer permits, inspection activities, and enforcement activities throughout Riverside County.
CUPA consolidates, coordinates, and makes consistent the following hazardous materials and hazardous waste programs:
• Hazardous materials release response plans and inventory (business plan) • Hazardous waste generation and on-site treatment
• Aboveground Petroleum Storage Act (APSA)/Spill Prevention, Control, and Countermeasure Plan (SPCC plan)
• Underground storage tanks (UST)
• California Accidental Release Program (CALARP)
• Hazardous materials management plans and inventory statements under California Fire Code Riverside County Environmental Protection Oversight Division The Riverside County Community Health Agency, Department of Environmental Health, Environmental Protection Oversight Division is the CUPA for Riverside County. The Certified Unified Program coordinates and makes consistent the administration and enforcement of six environmental and emergency response programs, including: USTs, Business Emergency Plan/Handler Program, Hazardous Waste Generator program, and Accidental Release Prevention Program.
Hazardous Materials Emergency Response Team
The Hazardous Materials Emergency Response Team responds to over 1,100 chemically-related emergencies or complaints each year. The program is a joint agency team staffed by the Hazardous Materials Management and Riverside County Fire/California Department of Forestry.
Local Oversight Program
Under contract with the SWRCB, the Riverside County Department of Environmental Health, Local Oversight Program (LOP) oversees the investigation and cleanup of soil and groundwater contamination resulting from unauthorized releases of petroleum products (gasoline, diesel fuel, waste oil, etc.) from leaking USTs (LUSTs). The cleanup of these sites is necessary to protect the groundwaters of the State from contamination and to protect the public from exposure to hazardous materials. During each phase of assessment and cleanup, technical workplans and reports are required to be submitted to and accepted by the LOP. Once assessment and cleanup efforts have been successfully completed, the Riverside County LOP would issue a closure/no further action letter to the responsible parties.
Airports
Airport authorities and other agencies regulate aircraft activity. The City has no direct authority over airport development and operations. The State Aeronautics Act of the California Public Utilities Code establishes statewide requirements for the airport land use compatibility planning and requires nearly every county to create an airport land use commission or other alternative. Regulations of land uses in Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 393
Menifee Mayor and City Council November 20, 2024 Page 1239 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.8-16 4.8 | Hazards and Hazardous Materials airport compatibility zones are implemented by the Riverside County Airport Land Use Commission (RCALUC). If the RCALUC determines that a development plan is inconsistent with the Airport Land Use Plan, the RCALUC requires the local agency to reconsider its approval regarding land use compatibility.
The local agency may overrule the RCALUC by a two-thirds vote of its governing board if it makes specific findings that the proposed action is consistent with § 21670 of the California Public Utilities Code (California Aeronautics Act).
Local
City of Menifee General Plan
Safety Element
According to the City’s Safety Element, the element provides a strategy for city staff, residents, developers, and business owners to effectively address natural and man-made hazards in Menifee, including seismic and geological issues; flood hazards; fire hazards; hazardous materials; wind hazards; and disaster preparedness, response, and recovery.6
Goals and policies from the Safety Element applicable to the Project include:
Goal S-4 A community that has effective fire mitigation and response measures in place, and as a result is minimally impacted by wildland and structure fires.
Policy S-4.1 Require fire-resistant building construction materials, the use of vegetation control methods, and other construction and fire prevention features to reduce the hazard of wildland fire.
Policy S-4.4 Review development proposals for impacts to fire facilities and compatibility with fire areas or mitigate.
Goal S-5 A community that has reduced the potential for hazardous materials contamination.
Policy S-5.1 Locate facilities involved in the production, use, storage, transport, or disposal of hazardous materials away from land uses that may be adversely impacted by such activities and areas susceptible to impacts or damage from a natural disaster.
Policy S-5.4 Ensure that all facilities that handle hazardous materials comply with federal and state laws pertaining to the management of hazardous wastes and materials.
Policy S-5.5 Require facilities that handle hazardous materials to implement mitigation measures that reduce the risks associated with hazardous material production, storage, and disposal.
6 City of Menifee. (2013). Menifee General Plan Safety Element. Available at: https://www.cityofmenifee.us/893/Safety-Element (accessed August 2023).
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 394
Menifee Mayor and City Council November 20, 2024 Page 1240 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.8-17 4.8 | Hazards and Hazardous Materials Land Use Element
The Land Use Element generally establishes the density, intensity, and location of land uses throughout the city and is complemented by the additional policy guidance provided in other elements that relate to a specific topic.7
A goals and policy from the Land Use Element applicable to the Project includes:
Goal LU-4 Ensure development is consistent with the Riverside County Airport Land Use Compatibility Plan.
Policy LU-4.2 Ensure that development proposals within the March Air Reserve Base and Perris Valley Airport areas of influence fully comply with the permit procedures specified in Federal and State law, with the referral requirements of the Airport Land Use Commission (ALUC), and with the conditions of approval imposed or recommended by the Federal Aviation Administration and ALUC, such as land use compatibility criteria, including density, intensity, and coverage standards. This requirement is in addition to all other City development review requirements.
City of Menifee Municipal Code
Chapter 8.20, Section (§) 010 relates to the adoption of the California Fire Code. This Section states, “Except as otherwise provided in this Chapter, the California Fire Code, Title 24, California Code of Regulations, Part 9, including Chapter 1, Division II - Scope and Administration, except that Section 103.2 and 109.3 are not adopted, and Chapters 3, 25, and § 403.12, 503, 510.2, and 1103.2 are adopted, including any and all amendments set forth in this Chapter, and including any and all amendments thereto that may hereafter be made and adopted by the State of California, is hereby adopted as the City Fire Code.” More specifically, subsection CC of the Municipal Code recognizes that Fire Hazard Severity Zones and maps as defined in the California Fire Code includes § 4904 and the revision related to Government Code § 51175 through § 51189 for Very High Fire Hazard Severity Zones and that these resources are retained on file at the office of the Fire Chief.
City of Menifee Emergency Operations Plan
This plan is designed as a reference and guidance document for the foundation of response and recovery operations for the City. The Emergency Operations Plan (EOP) is meant to coordinate with the Riverside County Operational Area (OA) EOP and the City Emergency Operations Center (EOC) to facilitate effective response to any emergency.
This plan establishes the emergency organization, assigns tasks, as well as specifies policies and general procedures during both response and recovery. It also provides for coordination with the County as the OA Lead Agency. This plan includes the critical elements of California’s Standardized Emergency 7 City of Menifee. (2013). Menifee General Plan Land Use Element. Available at: https://www.cityofmenifee.us/853/Land-Use-Element (accessed August 2023).
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 395
Menifee Mayor and City Council November 20, 2024 Page 1241 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.8-18 4.8 | Hazards and Hazardous Materials Management System, the National Incident Management System, as well as the Incident Command System, and the National Response Framework.
City of Menifee Local Hazard Mitigation Plan
The purpose of the Local Hazard Mitigation Plan (LHMP) is to identify local hazards, review and assess past disaster occurrences, estimate the probability of future occurrences, and set goals to mitigate potential risks (to reduce or eliminate long-term risk) to people and property from natural and man-made hazards.8 The LHMP is a new plan to make the City less vulnerable to future hazard events. This plan was prepared pursuant to the requirements of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended by Section 322 of the Disaster Mitigation Act of 2000 and the 44 CFR Part 201 – Mitigation Planning, to be eligible for Federal Emergency Management Agency Pre-Disaster Mitigation and Hazard Mitigation Grant programs.
4.8.4 Impact Thresholds and Significance Criteria
State CEQA Guidelines Appendix G contains the Environmental Checklist Form, which includes questions concerning hazards and hazardous materials. The questions presented in the Environmental Checklist Form have been utilized as significance criteria in this section. Accordingly, the Project would have a significant effect on the environment if it would:
• Create a significant hazard to the public or the environmental through the routine transport, use, or disposal of hazardous materials;
• 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; • Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school; • 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;
• 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; • Impair implementation of or physically interfere within an adopted emergency response plan or emergency evacuation plan;
• Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires.
8 City of Menifee. (2022). Local Hazard Mitigation Plan. Retrieved from: https://www.cityofmenifee.us/DocumentCenter/View/17212/LHMPResolution-Signed?bidId= (accessed August 2023).
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 396
Menifee Mayor and City Council November 20, 2024 Page 1242 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.8-19 4.8 | Hazards and Hazardous Materials Methodology and Assumptions
The Project is evaluated against the aforementioned significance criteria in order to determine the level of impacts related to hazards and hazardous materials. This analysis also considers existing regulations, laws and standards that serve to avoid or reduce potential environmental impacts, as well as recommendations from existing site evaluations. Where significant impacts may remain, feasible mitigation measures are recommended, where warranted, to avoid or lessen the potential for significant adverse impacts to occur.
Approach to Analysis
This analysis of impacts from hazards and hazardous materials examines the Project’s temporary (i.e., construction) and permanent (i.e., operational) effects based on application of the significance criteria/thresholds outlined above. Each criterion is discussed in the context of the Project site and the surrounding characteristics/geography. The impact conclusions consider the potential for changes in environmental conditions, as well as compliance with the regulatory framework enacted to protect the environment.
The baseline conditions and impact analyses are based on available information in public databases including local planning documents; a site evaluation of the Project site; review of Project maps and drawings; and analysis of aerial and ground‐level photographs. The determination that a Project component would or would not result in “substantial” adverse effects on standards related to hazards and hazardous materials considers the available policies and regulations established by local and regional agencies and the amount of deviation from these policies in the Project’s components.
4.8.5 Impacts and Mitigation Measures
Impact 4.8-1 Would the Project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Level of Significance: Less Than Significant
Construction
The Project site is not anticipated to result in the release of hazardous materials into the environment.
Construction activities would include the use of materials such as fuels, lubricants, and greases in construction equipment and coatings used in construction. However, the materials used would not be in such quantities or stored in such a manner as to pose a significant safety hazard. 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.
Compliance with applicable laws and regulations concerning hazardous materials would ensure that all potentially hazardous materials are used and handled in an appropriate manner and would minimize the potential for safety impacts. Therefore, hazards to the public or the environment arising from the routine transport, use, or disposal of hazardous materials during Project construction would be less than significant.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 397
Menifee Mayor and City Council November 20, 2024 Page 1243 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.8-20 4.8 | Hazards and Hazardous Materials Grading Activities
Grading activities conducted during Project construction would lead to the disturbance of on-site soils.
The handling and transport of these materials and exposure to contaminated soils for workers and the surrounding environment could result in a significant impact. Contaminated soils encountered during grading would be required to be removed and disposed of off-site in accordance with all applicable regulatory guidelines. Additionally, the on-site septic tanks were determined not to be a significant environmental concern and would be removed prior to grading activity. There are no USTs/ASTs identified on-site. Therefore, impacts would be less than significant.
Demolition
Demolition of buildings and equipment on the Project site has the potential to expose and disturb ACMs, PCBs, and LBPs. The removal of these hazardous materials, such as PCBs, shall be completed in accordance with applicable regulations pursuant to 40 CFR 761 (PCBs), as outlined in 29 CFR 1910.120 and 8 CCR 5192.
The removal of LBP material shall be implemented in accordance with CCR, Title 8 § 1532.1, the CFR (Title 40, Part 745, and Title 29, Part 1926), the EPA’s Lead Renovation, Repair and Painting Program Rules and Residential Lead-Based Paint Disclosure Program, and §§ 402/404 and 403, and Title IV of the TSCA. As discussed previously, during the on-site inspection, no evidence of PCB contamination was identified.
Based on the age of the existing structures on the Project site, it is unlikely that ACMs and LBPs are present.
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. Department of Transportation, 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.
Mandatory compliance with laws and regulations, would ensure that operational impacts would be less than significant.
Mitigation Measures
No mitigation is necessary.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 398
Menifee Mayor and City Council November 20, 2024 Page 1244 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.8-21 4.8 | Hazards and Hazardous Materials Impact 4.8-2 Would the Project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Level of Significance: Less Than Significant
Construction
The construction of new developments such as the Project site could result in hazards to the public or the environment through the accidental upset or release of hazardous materials caused by accidental spillage of hazardous materials used during construction, or as a result of the exposure of contaminated soil during grading activities. Database searches did not reveal any LUSTs, USTs or ASTs located on the Project site.
The Phase I ESA did not identify any RECs. Furthermore, the Project site itself is not on the Cortese list.9 Additionally, the Project site has not been cited or issued violation notices by any environmental regulatory agency for improper use or disposal of hazardous materials.
Compliance with applicable laws and regulations concerning hazardous materials would ensure that all potentially hazardous materials are used and handled in an appropriate manner and would minimize the potential for safety impacts. For example, all spills or leakage of petroleum products during construction activities are required to be immediately contained, the hazardous material identified, and the material remediated in compliance with applicable regulations, such as RCRA, for the cleanup and disposal of that contaminant. All contaminated waste would be required to be collected and disposed of at an appropriately licensed disposal or treatment facility under SCAQMD Rule 1166. Furthermore, strict adherence to all emergency response plan requirements set forth by Riverside County Fire Department would be required through the duration of the Project construction phase. Project construction workers would also be required to conduct safe handling of hazardous material, as stated previously. Therefore, impacts would be less than significant.
Operation
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 4.8-1 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. Prior to Project approval, a HMBP also would be required for approval to show conformance with all applicable materials handling protocols. Adherence to these regulations is overseen and enforced by the Riverside County Department of Environmental Health Hazardous Materials Branch. As stated previously, the CUPA program provided by the County is designed to consolidate, coordinate, and uniformly and consistently administer permits, inspection activities, and enforcement activities throughout Riverside County. Furthermore, household hazards such as cleaners and solvents 9 DTSC. (2023). Hazardous Waste and Substances Site List (Cortese List). Retrieved from:
https://www.envirostor.dtsc.ca.gov/public/search?cmd=search&reporttype=CORTESE&site_type=CSITES,FUDS&status=ACT,BKLG,COM&rep orttitle=HAZARDOUS+WASTE+AND+SUBSTANCES+SITE+LIST+%28CORTESE%29 (accessed August 2023).
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 399
Menifee Mayor and City Council November 20, 2024 Page 1245 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.8-22 4.8 | Hazards and Hazardous Materials contain such low quantities of liquid and material that they do not pose a significant threat related to the release of hazardous materials into the environment. A less than significant impact would occur.
Mitigation Measures
No mitigation is necessary.
Impact 4.8-3 Would the Project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
Level of Significance: Less Than Significant
Construction and Operation
No existing or proposed schools are located within one-quarter mile of the Project site. The nearest school to the Project site is Hans Christensen Middle School located approximately 1.4 miles to the southeast at 27625 Sherman Road, Menifee, California 92585. Ethanac Road provides a direct route between the Project site and Interstate 215 (I-215). Transport associated with the Project taking this route would not pass within one-quarter mile of any schools. The Project does not propose any industrial uses which could generate hazardous emissions or involve the handling of hazardous materials, substances, or waste in significant quantities that would have an impact to surrounding schools. The types of hazardous materials that would be routinely handled would be limited to cleaners, paints, solvents, and fertilizers and pesticides for site landscaping. However, the Project would be required to adhere to all applicable federal, state, and local regulations regarding handling, transport, and disposal of hazardous materials to reduce public safety hazards.
Refer to Section 4.2, Air Quality for analysis pertaining to human health risks associated with the Project’s air pollutant emissions. These health risks include harmful levels of exposure to school-children located more than one-quarter mile from the Project site. As concluded in the Project’s Air Quality Impact Analysis (Appendix B1), results of the Localized Significance Threshold analysis indicate that the Project would not exceed the SCAQMD localized significance thresholds during construction. The Health Risk Assessment (Appendix B2) concluded that the Project would not exceed South Coast Air Quality Management Plan localized significance thresholds during construction. Therefore, sensitive receptors would not be exposed to substantial pollutant concentrations during Project construction. Additionally, the Project would not exceed the South Coast Air Quality Management District localized significance thresholds during operational activity. Further Project traffic would not create or result in a CO “hotspot.” Therefore, sensitive receptors would not be exposed to substantial pollutant concentrations as the result of Project operations. Therefore, impacts would be less than significant.
Mitigation Measures
No mitigation is required.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 400
Menifee Mayor and City Council November 20, 2024 Page 1246 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.8-23 4.8 | Hazards and Hazardous Materials Impact 4.8-4 Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code § 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Level of Significance: Less Than Significant
Construction and Operation
According to the DTSC EnviroStor, the Project site is not included on the Waste and Substances Site List (Cortese).
10 Additionally, the Phase I ESA concluded that the Project site is not included on the hazardous sites list compiled pursuant to CGC § 65962.5.11 In addition, the Phase I ESA did not identify any environmental concerns for the Project site. Therefore, impacts would be less than significant.
Mitigation Measures
No mitigation is required.
Impact 4.8-5 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?
Level of Significance: Less Than Significant
Construction and Operation
Portions of the City are in the AIA of the March Air Reserve Base and the Perris Valley Airport governed by the 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 the 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. 12 The Project site is located in Zone E of the Perris Valley ALUCP. With regard to noise impacts, the Project site is beyond the 55-CNEL contour. The Project would be in accordance with the Perris Valley Compatibility Zone within each respective airport and all state, county, and local goals, policies, and regulations. Furthermore, any the Project be reviewed by the ALUC which would ensure that future development would be compatible with the ALUCP and therefore, would not result in a significant impact.
Therefore, impacts would be less than significant.
Mitigation Measures
No mitigation is required.
10 Ibid.
11 Ibid.
12 Riverside County ALUC. (2010). Perris Valley Airport Compatibility Plan. Retrieved from:
https://rcaluc.org/sites/g/files/aldnop421/files/2023-06/Perris%20Valley.pdf (accessed August 2023).
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 401
Menifee Mayor and City Council November 20, 2024 Page 1247 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.8-24 4.8 | Hazards and Hazardous Materials Impact 4.8-6 Would the Project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Level of Significance: Less Than Significant
Construction and Operation
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 EOP13 to identify evacuation routes, emergency facilities, and City personnel and equipment available to effectively deal with emergency situations. Mitigation is also provided in the EOP to minimize identified risks. Project development would be congruent with the land use designations of the Project area and would therefore remain consistent with the analysis provided in the EOP. No revisions to the adopted EOP would be required as a result of the Project. Additionally, the Project site is not located along a City evacuation route, and would not obstruct evacuation. 14 The Project proposes improvements to
nearby roadways 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 4.13, Transportation.
Additionally, as further discussed in Section 4.12, Public Services, response times from the Riverside County Fire Department Station 5 and 7 would not be impaired by Project implementation because primary access would be provided through the improvement of Kuffel and Byers Roads and Wheat Street.
Additionally, the improvement of Kuffel and Byers Roads and Wheat Street would improve future response times in this area, as these two roads are currently unimproved. The Project would also require that the Project to pay development impact fees which constitutes as adequate mitigation because through implementation of the DIF program, the City of Menifee 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 applicant’s compliance with all required design regulations, would further minimize the demand for fire protection and emergency public services impacts. Refer to Section 4.12, Public Services.
Because both Project construction and operations would not disrupt or interfere with emergency access to nearby roadways, would not interfere with the City’s emergency response plan, and would comply with design standards for emergency services, impacts would be less than significant.
Mitigation Measures
No mitigation is required.
13 City of Menifee. (2021). Emergency Operations Plan. Retrieved from: https://cityofmenifee.us/DocumentCenter/View/12396/EmergencyOperations-Plan-EOP?bidId= (accessed August 2023). 14 City of Menifee. (2014). Menifee General Plan Exhibit S-9 Evacuation Routes. Retrieved from:
https://www.cityofmenifee.us/DocumentCenter/View/14711/Evacaution-Routes (accessed October 2023).
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 402
Menifee Mayor and City Council November 20, 2024 Page 1248 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.8-25 4.8 | Hazards and Hazardous Materials Impact 4.8-7 Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? Level of Significance: Less Than Significant
Construction and Operation
As previously stated, according to CAL FIRE, the Project site is not located in an SRA or VHFHSZ. 15 While the Project site is located in an area with vegetation that can be prone to fire, due to the presence of surrounding development, scattered nature of the existing undeveloped areas, presence of area roadways(to be improved as part of Project), lack of steep slopes, vegetation maintenance, graded nature of the development site to the north, and concrete construction of development, it is not likely to be affected by a wildfire during construction or operations. In addition, the undeveloped areas around the Project site would be separated from the Project area by roads, parking, drive aisles, and fire-resistant landscaping. This buffer would ensure an appropriate width to reduce the risk of potential fire hazards.
Prior to final plan check approval, the City in coordination with the Riverside County Fire Department and CAL FIRE would review the Project-specific site plan to ensure adequate design features are implemented to reduce the potential impacts from wildfires. Overall, with design compliance with fire codes and Menifee GP goal and policies, the Project would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires. Impacts would be less than significant.
Mitigation Measures
No mitigation is required.
4.8.6 Cumulative Impacts
Impacts associated with hazardous materials are often site-specific and localized. The EIR evaluates environmental hazards in connection with the warehouses and surrounding areas. Regarding the off-site environmental hazards, the database search documents the findings of various governmental database searches regarding properties with known or suspected releases of hazardous materials within a search radius of up to one mile from the site and serves as the basis for defining the cumulative impacts study area.
Cumulative impacts related to hazards and hazardous materials would result from projects that combine to increase exposure to hazards and hazardous materials. The potential for cumulative impacts to occur is limited since the impacts from hazardous materials use on-site are site-specific. Although some of the cumulative projects and other future projects associated with buildout of the surrounding communities also have potential impacts associated with hazardous materials, the environmental concerns associated 15 CAL FIRE. (2023). FHSZ Viewer. Available at: https://calfireforestry.maps.arcgis.com/apps/webappviewer/index.html?id=988d431a42b242b29d89597ab693d008 (accessed August 2023).
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 403
Menifee Mayor and City Council November 20, 2024 Page 1249 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.8-26 4.8 | Hazards and Hazardous Materials with hazardous materials are typically site-specific. It is expected that future development within the area must comply with all federal, state, and local statutes and regulations applicable to hazardous materials.
Each project is required to address any issues related to hazardous materials or wastes on a projectspecific basis. With adherence to applicable federal, state, and local regulations governing hazardous materials, the potential risks associated with hazardous materials would be less than significant. The incremental effects of the Project in relation to hazards and hazardous materials, if any, are anticipated to be minimal, and any effects would be site-specific.
Therefore, considering the above, Project impacts would be less than significant, and the Project’s contribution to cumulative impacts is not otherwise considered to be “cumulatively considerable.”.
4.8.7 Significant Unavoidable Impacts
No significant unavoidable impacts were identified.
4.8.8 References
CAL FIRE. ND. FHSZ Viewer. Available at: https://egis.fire.ca.gov/FHSZ/.
City of Menifee. (2021). Emergency Operations Plan. Retrieved from:
https://cityofmenifee.us/DocumentCenter/View/12396/Emergency-Operations-Plan-EOP?bidId= City of Menifee. (2014). Exhibit LU-5b, March Air Reserve Base Land Use Compatibility Map. Retrieved from: https://cityofmenifee.us/DocumentCenter/View/6010/COM---GP-Exhibit-LU-5a-c?bidId= City of Menifee. (2014). Exhibit LU-5c, Perris Valley Airport Land Use Compatibility Map. Retrieved from:
https://cityofmenifee.us/DocumentCenter/View/6010/COM---GP-Exhibit-LU-5a-c?bidId=.
City of Menifee. (2014). Exhibit S-6: High Fire Hazard Areas. Retrieved from:
https://www.cityofmenifee.us/DocumentCenter/View/1033/S6_HighFireHazardAreas_HD0913?bidId=.
City of Menifee. (2014). Menifee General Plan Exhibit S-9 Evacuation Routes. Retrieved from:
https://www.cityofmenifee.us/DocumentCenter/View/14711/Evacaution-Routes (accessed October 2023).
DTSC. (2023). Hazardous Waste and Substances Site List (Cortese List). Retrieved from:
https://www.envirostor.dtsc.ca.gov/public/search?cmd=search&reporttype=CORTESE&site_type= CSITES,FUDS&status=ACT,BKLG,COM&reporttitle=HAZARDOUS+WASTE+AND+SUBSTANCES+SITE+ LIST+%28CORTESE%29.
Riverside County ALUC. (2010). Perris Valley Airport Compatibility Plan. Retrieved from:
https://rcaluc.org/sites/g/files/aldnop421/files/2023-06/Perris%20Valley.pdf.
WRCOG. ND. WRCOG/SBCTA Sustainability Toolkit Evacuation Routes. Retrieved from:
https://www.arcgis.com/apps/webappviewer/index.html?id=4168a1efbdca40f889ea9dba43e04b 4e&extent=-13138981.0556%2C4022288.1589%2C-12669351.9538%2C4239369.3193%2C102100 (accessed August 2023).
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 404
Menifee Mayor and City Council November 20, 2024 Page 1250 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.9-1 4.9 | Hydrology and Water Quality
4.9 HYDROLOGY AND WATER QUALITY
4.9.1 Introduction
This section of the Draft Environmental Impact Report (EIR) describes the hydrologic and water quality conditions on and surrounding the CADO Menifee Industrial Warehouse Project (Project) site and evaluates whether Project implementation would result in significant adverse environmental effects concerning such resources. The setting, context, and impact analysis in this section is based on the Project Specific Water Quality Management Plan (WQMP) and the Preliminary Drainage Study, prepared for the Project site by Albert A. Webb Associates. Additional background information for this section was obtained from the City of Menifee’s (City) General Plan (GP) and Menifee GP EIR. The information and analysis rely on the following reports found in Appendix I and Appendix L. • Albert A. Webb Associates. 2022. Preliminary Drainage Study (Appendix I1); • Albert A. Webb Associates. 2022. Project Specific Water Quality Management Plan (Appendix I2); and
• Eastern Municipal Water District (EMWD). 2022. Water Supply Assessment Report (Appendix L).
4.9.2 Environmental Setting
Regional Drainage
The City of Menifee is located within the San Jacinto Subbasin of the larger Santa Ana River Watershed.
The Watershed includes much of Orange County, much of the western portion of Riverside County, part of southwestern San Bernardino County, and a small portion of Los Angeles County. The Santa Ana River Watershed is bounded by the Santa Margarita watershed to the south, the Salton Sea and Southern Mojave watersheds to the east, and the Mojave and San Gabriel watersheds to the north and west, respectively. The watershed covers approximately 2,800 square miles, with about 700 miles of rivers and major tributaries. The San Jacinto River originates in the San Jacinto Mountains and flows approximately 42 miles west to Lake Elsinore. However, during flooding and heavy storms, Lake Elsinore overflows into Temescal Creek, which flows northwest and discharges into the Santa Ana River. The southeast corner of the City is in the Warm Springs Creek Watershed, part of the larger Santa Margarita Watershed.1
Local Drainage2
Salt Creek
Salt Creek drainage occupies the southernmost part of the San Jacinto River Basin, reaching nearly all of the City. Salt Creek bisects the City area and has a large impact on zoning, development, and flood-hazard management. The lowlands around Salt Creek have experienced numerous floods over the past century, due to the flatness of the valleys and the constricted entrance to the hills at the western edge of the City. 1 City of Menifee. (2013). General Plan Draft EIR; Section 5.9, Hydrology and Water Quality, Page 5.9-1. Available at:
https://www.cityofmenifee.us/DocumentCenter/View/1109/Ch-05-09-HYD?bidId= (accessed January 2023). 2 City of Menifee. (2013). General Plan Draft EIR; Section 5.9, Hydrology and Water Quality, Page 5.9-2. Available at:
https://www.cityofmenifee.us/DocumentCenter/View/1109/Ch-05-09-HYD?bidId= (accessed January 2023).
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 405
Menifee Mayor and City Council November 20, 2024 Page 1251 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.9-2 4.9 | Hydrology and Water Quality
The potential for Salt Creek to flood surrounding properties in the City area has been reduced in recent years by the development of flood control measures that include channelization and land use restrictions.
However, because many of the road crossings are not designed to convey major storm flows, Salt Creek remains problematic. The Salt Creek channel discharges into the Railroad Canyon Reservoir at the corporate boundary between the City and Canyon Lake.
Ethanac Wash
Ethanac Wash includes the southwestern flank of the rugged Lakewood Mountains, in addition to the communities of Romoland and Homeland within the City. The drainage network begins in the Juniper Flats area within the highest part of the mountains and includes numerous steep-sided channels that are generally dry, except during storms or where springs are present. Upon reaching the alluvial fan surface, the drainage channels become increasingly less well defined, and the runoff eventually coalesces into sheet flow across the valley floor. Runoff that crosses the Romoland portion of the City, eventually reaches the San Jacinto River; however, the flow is impeded by the Burlington Northern Santa Fe (BNSF) railroad tracks and Interstate 215 (I-215), causing ponding of water upstream of these structures.
Quail Valley
The community of Quail Valley within the City occupies a small drainage basin that is a tributary of Railroad Canyon. Flooding problems on the floor of Quail Valley occur due to the original layout of the streets and homes in the 1950s, which consists of a grid pattern superimposed on the natural, irregular drainage network.
Other Drainages
The southeastern corner of the City area is in the Santa Margarita River Watershed and drains southward via numerous small tributaries to Warm Springs Creek. This creek passes through a small gap in the hills in the southeastern corner of the City. In the southwestern corner, a drainage divide located just inside the City boundary separates the Salt Creek watershed from streams flowing toward the Elsinore Valley.
Project Site Hydrology
The Project site is comprised of eight parcels. The Project site is located south of Kuffel Road, east of Wheat Street, west of Byers Road, and north of Corsica Lane in the City, within Riverside County (refer to Section 2.0, Project Location, Exhibit 2-1: Regional Vicinity Map).
The Project proposes an industrial warehouse (approximately 700,037 square feet) on approximately 36.8 acres of vacant land. Existing elevations across the site vary from 1,450.8 feet (ft) above mean sea level (amsl) at the southwest corner to 1,424.5 ft amsl at the northeast corner (NAVD88 datum).3The site currently slopes down at approximately 3.0 percent grade to the northeast corner. Drainage within the Project site and the general area is characterized by sheet flow to the northeast towards Ethanac Road.
To reduce or eliminate sediment and other pollutants in stormwater and non-stormwater runoff from the Project site the Project would also incorporate Best Management Practices (BMPs). Construction BMPs 3 Albert A. Webb Associates. (2022). Preliminary Drainage Study. (Appendix I1) Item Title: 11.2
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would include, but not be limited to the following: minimization of disturbed areas to the portion of the Project site necessary for construction; stabilization of exposed or stockpiled soils and cleared or graded slopes; and establishment of permanent re-vegetation or landscaping as early as is feasible; see Impact 4.9-1 for additional Project BMPs.
The site is vegetated with a sparse covering of grass. The Project site is designated as Economic Development Corridor (EDC). Land uses surrounding the Project site include residential, and small portions of open space, and vacant properties.4
There are no existing storm drain inlets near the perimeter of the Project site and the surrounding streets are undeveloped. However, the Perris Valley Storm Drain is located approximately 7.5 miles north of the Project site. Line A-14a would be constructed as part of the Project and sized to convey any additional flow. Discharge from the proposed bioretention basin would ultimately flow directly to the proposed storm drain Line A-14a of the Perris Valley Master Drainage Plan (MDP) and discharge directly into Line A before reaching the San Jacinto River (refer to Exhibit 4.9-1, Receiving Waterbodies).5 4 City of Menifee. (2023). General Plan – Land Use Map. Available at: https://www.cityofmenifee.us/DocumentCenter/View/11043/GeneralPlan--Land-Use-Map---March-2023?bidId= (accessed March 2023). 5 Albert A. Webb Associates. (2022). Preliminary Drainage Study (Appendix I1).
Item Title: 11.2
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Menifee Mayor and City Council November 20, 2024 Page 1253 of 2294 Not to scale
Exhibit 4.9-1: Receiving Water Bodies
City of Menifee
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Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 408
Menifee Mayor and City Council November 20, 2024 Page 1254 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.9-5 4.9 | Hydrology and Water Quality
Groundwater
According to the WQMP,
6 groundwater was not encountered within any of the test borings drilled at the site. Based on the presence of shallow granitic bedrock and the lack of groundwater at the borings, it is estimated that the depth to high groundwater at the site is greater than approximately 50 feet below grade. Based on the results of the field exploration, review of the site area geomorphology and geology, groundwater is not anticipated to adversely affect the proposed improvements.
Recent water level data was obtained from the California Department of Water Resources Water Data Library website, http://wdl.water.ca.gov/. The nearest monitoring well (EMWD25758) that contains available groundwater data is located approximately 2,385 feet northwest of the Project site. The site code for this well is 337473N1171789W001 and the well depth was recorded to be 190 feet below ground surface (bgs).
According to information obtained from the Regional Water Quality Control Board (RWQCB) and topographic map interpretation, the depth to groundwater in the vicinity of the subject property is inferred to be approximately 60 to 90 feet bgs and groundwater flow is inferred to be toward the northnortheast. According to the City’s Groundwater Basins Map,7 much of the City overlies the Perris South and Menifee Management Zones of the San Jacinto Groundwater Basin. The Project site is within the San Jacinto Groundwater Basin, underlying the Santa Ana River Watershed. The San Jacinto Groundwater Basin underlies several valleys in the southwestern portion of Riverside County. The basin is bounded on the southeast by the Vandeventer Flat Groundwater Basin and otherwise bounded by impermeable rocks of the San Jacinto Mountains. The valley is drained by the South Fork of the San Jacinto River and receives an average annual precipitation ranging from about 14 to 28 inches. Groundwater in the basin is found in Quaternary age younger and older alluvium that consists of clay, silt, sand, and gravel. Groundwater is also produced from residuum and from fractured crystalline rocks below the basin. Recharge is likely from percolation of precipitation and runoff, and subsurface flow from the San Jacinto Mountains and Lake Perris.
The EMWD would provide water and sewer services to the Project. Water and sewer improvements would be in accordance with EMWD’s standards, specifications, and Master Plan. Currently EMWD has no plans to construct water and sewer system improvements in the vicinity of the subject parcels, and they would need to be sponsored by the property owner/developer.
The majority of the EMWD’s potable water demand is supplied by imported water from the Metropolitan Water District of Southern California (MWD) through the Colorado River Aqueduct and connections to the State Water Project. EMWD would be able to provide adequate water supplies to meet the potable water demand for the Project as part of its existing and future demands.8EMWD 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. 6 Albert A. Webb Associates. (2022). Project Specific Water Quality Management Plan (Appendix I2). 7 City of Menifee. (2013). City of Menifee General Plan Draft EIR; Groundwater Basins Map, Page 5.9-5. Available at:
https://www.cityofmenifee.us/DocumentCenter/View/1109/Ch-05-09-HYD?bidId=. (accessed January 2023). 8 EMWD. (2022). Water Supply Assessment Report. (Appendix L) Item Title: 11.2
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Flood Zones
Two parts of the City are in 100-year flood zones mapped by the Federal Emergency Management Agency (FEMA). One is an east–west band across the Perris Valley in the northern part of the City. The second extends east–west along Salt Creek through the central part of the City and includes tributary areas both north and south of Salt Creek. Some drainages in the southern part of the City are also in Riverside County Flood Hazard Zones—in the Paloma Valley and in hills on the south flank of the Paloma Valley.
FEMA Flood Insurance Rate Map (FIRM) shows the Project site being covered by one map panel:
06065C2055H (effective 8/18/2014).9 Based on a review of this map panel, the Project site is largely within a Flood Boundary, identified as Zone X which indicates that the Project is located in a minimal flood hazard zone, which are areas outside the Special Flood Hazard Area (SFHA) and higher than the elevation of the
0.2-percent-annual-chance flood.
10 Seismically Induced Dam Inundation
Secondary effects of seismic shaking considered as potential hazards include several types of ground failure as well as induced flooding. Seismically induced flooding is normally a consequence of a tsunami (seismic sea wave), a seiche (i.e., a wave-like oscillation of surface water in an enclosed basin that may be initiated by a strong earthquake), or failure of a major reservoir or retention system up gradient of the site. Seismically induced inundation refers to flooding that occurs when water retention structures, such as dams, fail due to an earthquake. The West, East, and Saddle Dams of Diamond Valley Lake are located upstream from the City. However, the Project site is not located within a dam inundation zone for Diamond Valley lake.
11 Therefore the potential for inundation from dam failure would be considered low.
Additionally, the Project site is at an elevation of more than 1,400 feet amsl and is located more than 30 miles inland from the nearest coastline of the Pacific Ocean, the potential for seismically induced flooding due to a tsunami is considered nonexistent.
Mudflows
A mudflow is a landslide composed of saturated rock debris and soil with a consistency of wet cement.
Landslide debris was not observed during the subsurface exploration and no ancient landslides are known to exist on the Project site. Due to the generally flat terrain, the potential for seismic induced landslides or lateral spreading is considered nil. No landslides are known to exist, or have been mapped, in the vicinity of the Project site.
9 FEMA. (2020). Flood Insurance Rate Map. Available at: https://hazardsfema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b5529aa9cd&extent=- 117.19036396779732,33.7418625623032,-117.18517121114374,33.744092920211955 (accessed January 2023). 10 FEMA. (2020). Flood Zones. Available at: https://www.fema.gov/glossary/flood-zones. (accessed January 2023). 11 Department of Water Resources - Division of Safety of Dams. N.D. Dam Breach Inundation Map. Available at:
https://fmds.water.ca.gov/webgis/?appid=dam_prototype_v2 (accessed March 2023).
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 410
Menifee Mayor and City Council November 20, 2024 Page 1256 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.9-7 4.9 | Hydrology and Water Quality
4.9.3 Regulatory Setting
Federal
Federal Clean Water Act
The Project would be subject to federal permit requirements under the Federal Clean Water Act (CWA).
The primary goals of the CWA are to maintain the chemical, physical, and biological integrity of the nation’s waters and to make all surface waters fishable and swimmable. The CWA forms the basic national framework for the management of water quality and the control of pollution discharges; it provides the legal framework for several water quality regulations, including the National Pollutant Discharge Elimination System (NPDES), effluent limitations, water quality standards, pretreatment standards, antidegradation policy, nonpoint-source discharge programs, and wetlands protection. The U.S. Environmental Protection Agency (U.S. EPA) has delegated the administrative responsibility for portions of the CWA to State and regional agencies. In California, the State Water Resources Control Board (SWRCB) administers the NPDES permitting program and is responsible for developing NPDES permitting requirements. The SWRCB works in coordination with the RWQCBs to preserve, protect, enhance, and restore water quality.
Under the NPDES permit program, the U.S. EPA establishes regulations for discharging stormwater by municipal and industrial facilities and construction activities. Section 402 of the CWA prohibits the discharge of pollutants to “Waters of the United States” from any point source unless the discharge complies with an NPDES Permit.
The Anti-degradation Policy under U.S. EPA’s Water Quality Standards Regulations (48 Federal Register (FR) 51400, 40 Code of Federal Regulations [CFR] 131.12, November 8, 1983), requires states and tribes to establish a three-tiered anti-degradation program to prevent a decrease in water quality standards. • Tier 1—Maintains and protects existing uses and water quality conditions that support such uses.
Tier 1 is applicable to all surface waters.
• Tier 2—Maintains and protects “high quality” waters where existing conditions are better than necessary to support “fishable/swimmable” waters. Water quality can be lowered in such waters but not to the point at which it would interfere with existing or designed uses. • Tier 3—Maintains and protects water quality in outstanding national resource waters (ONRWs).
Water quality cannot be lowered in such waters except for certain temporary changes.
Anti-degradation was explicitly incorporated into the federal CWA through 1987 amendments, codified in § 303(d)(4)(B), requiring satisfaction of anti-degradation requirements before making certain changes in NPDES permits.
Section 303(d) of the CWA requires the SWRCB to list impaired water bodies that are too polluted or otherwise degraded to meet the water quality standards set by states, territories, or authorized tribes.
The law requires that these jurisdictions establish priority rankings for waters on the lists and develop Total Maximum Daily Loads for these waters.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 411
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Section 404 of the CWA is administered and enforced by the U.S. Army Corps of Engineers (USACE).
Section 404 establishes a program to regulate the discharge of dredged and fill material into waters of the U.S., including wetlands and coastal areas below the mean high tide. USACE administers the day-to-day program, and reviews and considers individual permit decisions and jurisdictional determinations. USACE also develops policy and guidance and enforces Section 404 provisions.
State
California Porter-Cologne Water Quality Control Act (Porter-Cologne Act) The Porter-Cologne Act (California Water Code [CWC] § 13000 et seq) is the principal law governing water quality regulation in California. It established a comprehensive program to protect water quality and the beneficial uses of water. The Porter-Cologne Act applies to surface waters, wetlands, and groundwater and to both point and nonpoint sources of pollution. Pursuant to the Porter-Cologne Act the policy of the State is as follows:
• That the quality of all the waters of the State shall be protected, • That all activities and factors affecting the quality of water shall be regulated to attain the highest water quality within reason, and
• That the State must be prepared to exercise its full power and jurisdiction to protect the quality of water in the State from degradation.
The Porter-Cologne Act established nine RWQCB’s (based on hydrogeologic barriers) and the SWRCB, which are charged with implementing its provisions and which have primary responsibility for protecting water quality in California. The SWCRB provides program guidance and oversight, allocates funds, and reviews RWQCB decisions. In addition, the SWRCB allocates rights to the use of surface water. The RWQCBs have primary responsibility for individual permitting, inspection, and enforcement actions within each of nine hydrology regions. The SWRCB and RWQCBs have numerous nonpoint source pollution (NPS)- related responsibilities, including monitoring and assessment, planning, financial assistance, and management.
The RWQCBs regulate discharges under the Porter-Cologne Act primarily through issuance of NPDES permits for point source discharges and waste discharge requirements (WDRs) for NPS discharges. Anyone discharging or proposing to discharge materials that could affect water quality (other than to a community sanitary sewer system regulated by an NPDES permit) must file a report of waste discharge. The SWRCB and the RWQCBs can make their own investigations or may require dischargers to carry out water quality investigations and report on water quality issues. The Porter-Cologne Act provides several options for enforcing WDRs and other orders, including cease and desist orders, cleanup and abatement orders, administrative civil liability orders, civil court actions, and criminal prosecutions.
The Porter-Cologne Act also implements many provisions of the CWA, such as the NPDES permitting program. Section 401 of the CWA gives the SWRCB the authority to review any proposed federally permitted or federally licensed activity that may impact water quality and to certify, condition, or deny the activity if it does not comply with State water quality standards. If the SWRCB imposes a condition on its certification, those conditions must be included in the federal permit or license. Except for dredge and Item Title: 11.2
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fill activities, injection wells, and solid waste disposal sites, waste discharge requirements may not “specify the design, location, type of construction, or particular manner in which compliance may be had….” (Porter Cologne Act § 13360). Thus, waste discharge requirements ordinarily specify the allowable discharge concentration or load or the resulting condition of the receiving water, rather than the manner by which those results are to be achieved. However, the RWQCBs may impose discharge prohibitions and other limitations on the volume, characteristics, area, or timing of discharges and can set discharge limits such that the only practical way to comply is to use management practices. RWQCBs can also waive waste discharge requirements for a specific discharge or category of discharges on the condition that management measures identified in a water quality management plan approved by the SWRCB or RWQCBs are followed.
The Porter-Cologne Act also requires adoption of water quality control plans that contain the guiding policies of water pollution management in California. A number of statewide water quality control plans have been adopted by the SWRCB. In addition, regional water quality control plans (basin plans) have been adopted by each of the RWQCBs and are updated as necessary and practical. These plans identify the existing and potential beneficial uses of waters of the State and establish water quality objectives to protect these uses. The basin plans also contain implementation, surveillance, and monitoring plans.
Statewide and regional water quality control plans include enforceable prohibitions against certain types of discharges, including those that may pertain to nonpoint sources. Portions of water quality control plans, the water quality objectives and beneficial use designations, are subject to review by the U.S. EPA.
When approved they become water quality standards under the CWA.
State Water Resources Control Board
National Pollution Discharge Elimination System
The SWRCB administers water rights, water pollution control, and water quality functions throughout the State, while the RWQCBs conduct planning, permitting, and enforcement activities. The City of Menifee and Project area is within the jurisdiction of the Santa Ana RWQCB.
The NPDES permit is divided into two Phases: Phase I and Phase II. Phase I requires medium and large cities, or certain counties with populations of 100,000 or more to obtain NPDES permit coverage for their stormwater discharges. Phase II requires regulated small Municipal Separate Storm Sewer Systems (MS4s) in urbanized areas, as well as small MS4s outside the urbanized areas that are designated by the permitting authority, to obtain NPDES permit coverage for their stormwater discharges. Concerning the Project, the NPDES permit is divided into two parts: construction and post-construction. The construction permitting is administered by the SWRCB, while the post-construction permitting is administered by the RWQCB. Development projects typically result in the disturbance of soil that requires compliance with the NPDES General Permit, Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activities (Order No. 2012-0006-DWQ, NPDES Number CAS000002) (General Construction Permit). This Statewide General Construction Permit regulates discharges from construction sites that disturb one or more acres of soil.
The SWRCB has issued and periodically renews a statewide General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (GCASP) and a statewide General Industrial Item Title: 11.2
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Activities Stormwater Permit (GIASP) for projects that do not require an individual permit for these activities. The GCASP was adopted in 2009 and further revised in 2022 (Order No. 2022-0057-DWQ). The most recent GIASP (Order No. 2014-0057-DWQ) was adopted in April 2014 (and thereafter amended) and requires dischargers to develop and implement a Stormwater Pollution Prevention Plan (SWPPP) to reduce or prevent industrial pollutants in stormwater discharges, eliminate unauthorized non-storm discharges, and conduct visual and analytical stormwater discharge monitoring to verify the effectiveness of the SWPPP and submit an annual report.
By law, all stormwater discharges associated with construction activity where clearing, grading, and excavation results in soil disturbance of at least one acre of total land area must comply with the provisions of this NPDES Permit and develop and implement an effective SWPPP. The SWPPP is required to contain a site map(s), which shows the construction site perimeter, existing and proposed buildings, lots, roadways, stormwater collection and discharge points, general topography both before and after construction, and drainage patterns across the Project site. The SWPPP is required to list Best Management Practices (BMPs) the discharger will use to protect stormwater runoff and the placement of those BMPs. Additionally, the SWPPP must contain a visual monitoring program; a chemical monitoring program for “non-visible” pollutants to be implemented if there is a failure of BMPs; and a sediment monitoring plan if the site discharges directly to a water body listed on the 303(d) list for sediment.
Construction General Permit Section A describes the elements that must be contained in a SWPPP. A project applicant must submit a Notice of Intent (NOI) to the SWRCB to be covered by the NPDES General Permit and prepare the SWPPP before beginning construction. SWPPP implementation starts with the commencement of construction and continues through project completion. Upon project completion, the applicant must submit a Notice of Termination (NOT) to the SWRCB to indicate that construction is completed.
For industrial uses, the NPDES program requires certain industrial land uses to prepare a SWPPP for operational activities and to implement a long-term water quality sampling and monitoring program unless an exemption has been granted. This began on April 1, 2014 when the SWRCB adopted an updated new NPDES permit for storm water discharge associated with industrial activities (referred to as the “Industrial General Permit”). The new Industrial General Permit, which is more stringent than the former Industrial General Permit, became effective on July 1, 2015. Under this currently effective NPDES Industrial General Permit, industrial uses including but not limited to manufacturing, transportation facilities, and other uses with typically heavy industrial uses would require permitting. These facilities are subject to stormwater effluent limitations. While warehousing uses are not specifically included if a covered use is implemented, the Project could require NPDES coverage under this order (2014-0057-DWQ).
Municipal Stormwater Permitting Program
The Municipal Stormwater Permitting Program regulates stormwater discharges from MS4s. Most of these permits are issued to a group of co-permittees encompassing an entire metropolitan area. The MS4 permits require the discharger to develop and implement a Stormwater Management Plan/Program with the goal of reducing the discharge of pollutants to the maximum extent practicable (MEP). MEP is the performance standard specified in CWA § 402(p). The management programs specify what BMPs will Item Title: 11.2
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be used to address certain program areas. The program areasinclude public education and outreach; illicit discharge detection and elimination; construction and post-construction; and good housekeeping for municipal operations.
For construction activities that would result in the disturbance of one acre or more, permittees must develop, implement, and enforce a program to reduce pollutant runoff in stormwater. This includes: (1) a program to prevent illicit stormwater discharges; (2) structural and non-structural BMPs to reduce pollutants in runoff from construction sites; and (3) preventing discharges from causing or contributing to violations of water quality standards. Permittees are required to review construction site plans to determine potential water quality impacts and ensure proposed controls are adequate. These include preparation and submission of an Erosion and Sediment Control Plan (ESCP) with elements of an SWPPP, prior to issuance of building or grading permits. The 2012 MS4 permit requires that the ESCP be developed by a Qualified SWPPP Developer. Permittees are required to develop a list of BMPs for a range of construction activities.
Regional
Riverside County
The Project is located within the larger Santa Ana Watershed which encompasses much of northern Riverside County and drains to the Santa Ana River. On January 29, 2010, the Santa Ana RWQCB issued a fourth-term area wide NPDES MS4 Permit to the Riverside County Flood Control and Water Conservation District (RCFCWCD), the County of Riverside, and the cities of Beaumont, Calimesa, Canyon Lake, Corona, Hemet, Lake Elsinore, Moreno Valley, Menifee, Norco, Perris, Riverside, San Jacinto and Wildomar (Permittees). Watersheds are based on geography and do not follow jurisdictional boundaries and as a result these agencies are working together to improve water quality through implementation of water quality protection measures.
Accordingly, these efforts led to development of a Water Quality Management Plan (County WQMP) that was approved in October of 2012. The County WQMP was intended to be a guidance document to assist RCFCWCD which is considered the Principal Permittee, and co-permittees including the City of Menifee to design water quality protection projects and measures in compliance with the Santa Ana RWQCB for Priority Development Projects. These requirements are specified in the NPDES MS4 permit, discussed above and issued to the RCFCWCD, and other cities within the Santa Ana River watershed in the 2010 MS4 Permit.
The Santa Ana MS4 Permit is for the portion of the Santa Ana River watershed located within Riverside County (Order No. R8-2010-0033, NPDES No. CAS618033). The Permittees’ stormwater programs are designed to ensure compliance with this permit. In addition, the County WQMP is intended to protect, preserve, enhance, and restore water quality of receiving water bodies, which would be accomplished through an adaptive planning and management process. The process identifies high priority water quality conditions within the watershed and implements strategies to address them. The County WQMP also includes typical measures and design recommendation that are required for all projects. Accordingly, the co-permittees, including the City of Menifee work cooperatively to implement the requirements of the permitting process.
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Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 415
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Riverside County Drainage Area Master Plan
The Riverside County Drainage Area Master Plan (DAMP) for the Santa Ana Region and the Riverside County’s Water Quality Management Plan (RCWQMP) were developed to further address postconstruction urban runoff from new development and significant redevelopment projects under the jurisdiction of the co-permittees. The DAMP is intended to provide guidelines for project-specific postconstruction BMPs and for regional and sub-regional source control BMPs and structural BMPs to address management of urban runoff quantity and quality to protect receiving waters. The DAMP also illustrates the jurisdictions covered by the Riverside County RWQCB, each of which was issued a MS4 permit for their respective jurisdiction. The RCWQMP identifies the BMPs, including design criteria for treatment control BMPs that may be applicable when considering any map or permit for which discretionary approval is sought. Examples may include tentative tract maps, parcel maps with land-disturbing activity, conditional permits, and discretionary grading permits where the project is not part of a master plan of development.
The RCWQMP provides guidelines for the management of urban runoff quantity and quality and the protection of receiving waters through identification and implementation of source control and structural BMPs on a regional and sub-regional level. Design criteria for treatment control BMPs are also given for application on a project-level basis to minimize potential impacts of urban runoff.
Water Quality Control Plan, Santa Ana River Basin
The Water Quality Control Plan for the Santa Ana River Basin, updated in June 2019, establishes water quality standards for groundwater and surface water in the basin; that is, standards for both beneficial uses of specific water bodies and the water quality levels that must be maintained to protect those uses.
The basin plan includes an implementation plan describing actions by the Santa Ana RWQCB and others needed to achieve and maintain the water quality standards. The Santa Ana RWQCB regulates waste discharges to minimize and control their effects on the quality of the region’s groundwater and surface waters. The Basin Plan lists water quality problems for the region, along with causes, where they are known. Plans for improving water quality are included for water bodies with quality below the levels needed to enable all the beneficial uses of the water.
Part of the southeast corner of the City is in the territory of the San Diego RWQCB; however, discharges to municipal storm drains throughout the City of Menifee are regulated by the Santa Ana RWQCB.
Local
City of Menifee General Plan
Open Space & Conservation Element
The City of Menifee's Open Space & Conservation Element provides policy direction for Menifee's parks and open space areas, recreational trails, and the conservation, development, and utilization of the City's natural resources with an overall goal of maintaining the high quality of life Menifee residents have enjoyed for generations, while also preserving and protecting the numerous nonrenewable and unique cultural and historic resources located within the city.12 12 City of Menifee. (2013). Menifee General Plan Open Space & Conservation Element. Available at: https://www.cityofmenifee.us/250/OpenSpace-Conservation-Element. (accessed January 2023).
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 416
Menifee Mayor and City Council November 20, 2024 Page 1262 of 2294 City of Menifee
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Goals and policies from the Open Space & Conservation Element applicable to the Project include:
Goal OSC-7: A reliable and safe water supply that effectively meets current and future user demands.
Policy OCS-7.1 Work with the Eastern Municipal Water District to ensure that adequate, high-quality potable water supplies and infrastructure are provided to all development in the community.
Policy OCS-7.2 Encourage water conservation as a means of preserving water resources.
Policy OCS-7.8 Protect groundwater quality by decommissioning existing septic systems and establishing connections to sanitary sewer infrastructure.
4.9.4 Impact Thresholds and Significance Criteria
The CEQA Guidelines Appendix G Environmental Checklist Form, includes questions concerning hydrology and water quality. The questions presented in the Environmental Checklist Form have been utilized as significance criteria in this section. The Project would have a significant effect on the environment if it would:
• Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality;
• Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impeded sustainable groundwater management of the basin; • 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:
▪ Result in substantial erosion or siltation on- or off-site; ▪ Substantially increase the rate or amount of surface run-off in a manner which would result in flooding on- or off-site;
▪ Create or contribute run-off water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; ▪ Impede or redirect flood flows;
• In flood hazard, tsunami, or seiche zones, risk release or pollutants due to project inundation; or • Conflict with or obstruct implementation of a water quality control plan or sustainable ground water management plan.
Methodology and Assumptions
The Project is evaluated against the aforementioned significance criteria/thresholds, as the basis for determining the impact’s level of significance concerning hydrology and water quality. This analysis also considers the existing regulatory framework (i.e., laws, ordinances, regulations, and standards) that avoid Item Title: 11.2
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or reduce the potentially significant environmental impact. Where significant impacts remain despite compliance with the regulatory framework, feasible mitigation measures are recommended, to avoid or reduce the Project’s potentially significant environmental impacts.
Approach to Analysis
This analysis of impacts on hydrology and water quality examines the Project’s temporary (i.e., construction) and permanent (i.e., operational) effects based on application of the significance criteria/thresholds outlined above. Each criterion is discussed in the context of the Project site and the surrounding characteristics/geography. The impact conclusions consider the potential for changes in environmental conditions, as well as compliance with the regulatory framework enacted to protect the environment.
The baseline conditions and impact analyses are based on available information in public databases including local planning documents; a site evaluation of the Project site; review of Project maps and drawings; and analysis of aerial and ground‐level photographs. The determination that a Project component would or would not result in “substantial” adverse effects on standards related to hydrology and water quality considers the available policies and regulations established by local and regional agencies and the amount of deviation from these policies in the Project’s components.
Hydrological Analysis
Hydrologic calculations were performed in accordance with the RCFCWCD Hydrology Manual, dated April 1978. The Rational Method was utilized in determining peak flow rates. The hydrological parameters, including rainfall values and soil types were derived from the RCFCWCD Hydrology Manual as well.
Rational Method calculations were performed using a computer program developed by CivilDesign Corporation and Joseph E. Bonadiman and Associates Inc. The computer program is commonly referred to as CivilD which incorporates the hydrological parameters outlined in the RCFCWCD Hydrology manual.
The 10- and 100-year existing and proposed condition rational method results are included in Appendix I1.
Stormwater runoff from the site discharges to MDP Line A-14a before discharging directly to an engineered channel (MDP Line A). The engineered channel discharges to an adequate sump (San Jacinto River). Due to the fact that the downstream conveyance from the site is engineered and an MS4 facility, Hydrologic Conditions of Concern (HCOC) mitigation is not required. Therefore, a unit hydrograph analysis and routing is not required for the site.13
4.9.5 Impacts and Mitigation Measures
Impact 4.9-1 Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? Level of Significance: Less than Significant with Mitigation Incorporated 13 Albert A Webb Associates. (2022). Project Specific Water Quality Management Plan.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 418
Menifee Mayor and City Council November 20, 2024 Page 1264 of 2294 City of Menifee
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Construction
Ground disturbing activities associated with Project construction may impact water quality due to sheet erosion of exposed soils and subsequent deposition of particulates in nearby drainages. Grading activities, in particular, lead to exposed areas of loose soil sediment stockpiles, that are susceptible to uncontrolled sheet flow. Although erosion occurs naturally in the environment, primarily from weathering by water and wind action, improperly managed construction activities can lead to substantially accelerated rates of erosion that are detrimental to the environment. Grading activities during construction would be typical of what is found in other warehousing development. Bare soils would be exposed, and stockpiles would be created. Fuels, lubricants, and solid and liquid wastes would be stored within active construction areas.
Although grading activities could potentially lead to accelerated rates of erosion, the Project is required to comply with the NPDES Construction General Permit, the water quality policies of the City’s General Plan (GP), and the Riverside County DAMP, all which require the preparation and implementation of a SWPPP prior to the issuance of grading and building permits. The SWPPP shall identify site-specific construction BMPs to reduce or eliminate sediment and other pollutants in stormwater and nonstormwater runoff from the Project site. Construction BMPs would include, but not be limited to, the following:
• Minimization of disturbed areas to the portion of the Project site necessary for construction; • Stabilization of exposed or stockpiled soils and cleared or graded slopes; • Establishment of permanent re-vegetation or landscaping as early as is feasible; • Removal of sediment from surface runoff before it leaves the Project site by silt fences or other similar devices around the site perimeter;
• Diversion of upstream runoff around disturbed areas of the Project site; • Protection of all storm drain inlets on-site or downstream of the Project site to eliminate entry of sediment;
• Prevention of tracking soils and debris off-site through use of a gravel strip or wash facilities, which will be located at all construction exits from the Project site; • Proper storage, use, and disposal of construction materials, such as solvents, wood, and gypsum; and
• Continual inspection and maintenance of all BMPs through the duration of construction.
BMPs are designed to control and prevent discharges of pollutants that can adversely impact the downstream surface water quality.
Buildout of the Project would include off-site road improvements which would involve grading and roadway construction equipment. These construction activities would not cause any long-term impacts to water quality standards in consideration of the above (NPDES permitting and associated SWPPP measures, including Mitigation Measure (MM) HYD-1).
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 419
Menifee Mayor and City Council November 20, 2024 Page 1265 of 2294 City of Menifee
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Construction of the sewer service improvements and the off-site storm drains would not cause any significant water quality impacts. Construction would be temporary, gradually moving down the length of the roads as trenching occurs and then is backfilled and the roads are resurfaced. Off-site construction would utilize the same BMPs as the on-site construction, listed above. Per MM HYD-2, the Project Applicant shall prepare a Final Project-Specific WQMP with Operations and Maintenance (O&M) Plan which would identify Project-specific BMPs.
Construction activities would also be required to comply with the City’s Stormwater/Urban Runoff Ordinance14, the City’s Grading Ordinance15, and other required regulations. With the implementation of BMPs as described in the SWPPP, the required permits prior to grading, and implementation of the described mitigation measures, the Project would not violate water quality standards during construction and a less than significant impact would occur.
Operations
On-site runoff would sheet flow through the Project site through an extensive drainage plan utilizing ribbon gutters and a storm drain network system. On-site runoff would then drain from the south of the property to the open bioretention basin along the north side of the property. However, this basin is purely a water quality basin and does not provide any flow mitigation. Furthermore, off-site flows from the south of the property would be collected utilizing a series of v-gutters along the retaining wall located at the south end of the property, which would redirect the runoff to the proposed curb and gutter along Wheat Street and Byers Road. Runoff from street improvements along Wheat Street would be conveyed to a proposed catch basin located at the northwest corner of the property utilizing a curb and gutter system, and would eventually discharge on-site into the open bioretention basin. Runoff from street improvements along Byers Road would be conveyed to a proposed catch basin located at the northeast corner of the property utilizing a curb and gutter system, and would eventually discharge on-site into the open bioretention basin. Discharge from the open bioretention basin would flow directly to the proposed storm drain Line A-14a before reaching the San Jacinto River.
Typical stormwater-related pollutants of concerns for warehousing development include the following:
• Pesticides and herbicides and an increase in nutrients from fertilizers used for the landscaped areas;
• Trash/debris from the trash enclosures and break areas; and • Fluids from vehicles (motor oil, transmission fluid, antifreeze, brank fluid, gasoline, etc.) spilled onto paved areas.
As previously mentioned, the Project would comply with the NPDES Permit, the City 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 14 City of Menifee. (2023). Municipal Code Chapter 15.01, Stormwater/Urban runoff Ordinance. Available at:
https://codelibrary.amlegal.com/codes/menifee/latest/overview. (accessed January 2023). 15 City of Menifee. (2023). Municipal Code. Chapter 8.26.060 Erosion Control Plan. Available at:
https://codelibrary.amlegal.com/codes/menifee/latest/menifee_ca/0-0-0-28708#JD_8.26.060. (accessed January 2023).
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 420
Menifee Mayor and City Council November 20, 2024 Page 1266 of 2294 City of Menifee
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prepared for the Project. The Project-Specific WQMP (refer to Appendix I2) has incorporated combined low-impact development (LID) treatment, hydrologic control BMPs, and sediment supply BMPs. A final WQMP will be required to address BMP sizing and O&M plan.
The WQMP is intended to comply with the requirements of the City’s Municipal Code Section 15.01, Storm Water/Urban Runoff, which includes the requirement for the preparation and implementation of a Project-Specific WQMP and has outlined all BMPs designed to meet water quality standards and mitigate any adverse impacts; see MM HYD-2. 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.
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 Item Title: 11.2
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actual water sampling in cases where verification of contaminant reduction or elimination (such as inadvertent petroleum release) is required by the Santa Ana RWQCB to determine adequacy of the measure.
G. In the event of significant construction delays or delays in final landscape installation, native grasses or other appropriate vegetative cover shall be established on the construction site as soon as possible after disturbance, as an interim erosion control measure throughout the duration of construction.
H. Prior to the issuance of the first grading permit, the Project Applicant shall submit the Final Tentative Parcel Map that includes the water quality BMPs for approval by the City of Menifee Engineer. The City of Menifee Engineer shall ensure that all applicable water quality standards are met before approving the SWPPP.
MM HYD-2: The Project Applicant shall prepare a Final Project-Specific Water Quality Management Plan (WQMP) with O&M Plan for submittal together with the associated grading and improvement plans which must be approved prior to the issuance of a building or grading permit. These documents shall be prepared in accordance with applicable City (Menifee) and County (Riverside) water quality requirements, for review and approval by the City of Menifee Engineering Department, including the following:
▪ Site Design BMPs
▪ Source Control BMPs
▪ Treatment Control BMPs
▪ BMP Sizing
▪ Equivalent Treatment Control Alternatives
▪ Regionally-Based Treatment Control BMPs
O&M Responsibility for Treatment Control BMPs
Impact 4.9-2 Would the Project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
Level of Significance: Less than Significant
Construction and Operations
As previously mentioned, the Project site overlies the San Jacinto Groundwater Basin. Groundwater was not encountered within any of the test borings drilled at the site. Based on the presence of shallow granitic bedrock and the lack of groundwater in the borings, it is estimated that the depth to high groundwater at the site is greater than about 50 feet below grade. Based on the results of the field exploration and review of site area geomorphology and geology, groundwater is not anticipated to adversely affect the proposed improvements.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 422
Menifee Mayor and City Council November 20, 2024 Page 1268 of 2294 City of Menifee
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The Project is within the service area of the EMWD and may be conditioned to construct on- and off-site water facilities needed to distribute water throughout the Project area. Based on current information and the assurance that the MWD is engaged in identifying solutions that, when combined with the rest of its supply portfolio, would ensure a reliable long-term water supply for its member agencies, the EMWD has determined that it will be able to provide adequate water supplies to meet the potable water demand for the Project as part of its existing and future demands. Considering current and projected water demand through the year 2045 in both normal, single, and multiple dry year scenarios, the EMWD has the 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. The EMWD plans to supply new water demands in its service area, including the Project, through a combination of additional imported water purchases from MWD, as well as ongoing projects and programs expanding EMWD’s local water supply portfolio.16 Therefore, new developments, including the Project, may be supplied with a combination of additional imported water and/ or projects and programs expanding EMWD’s local supplies, including groundwater. The Project would not directly draw water from the groundwater basin. Accordingly, implementation of the Project in this regard would not substantially deplete or decrease groundwater supplies.
Although 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 Water Quality Management Plan (WQMP). These measures include, but are not limited to, LID BMPs and other stormwater drainage controls. LID BMPs have been incorporated into the site design to fully address all Drainage Management Areas (DMAs). No alternative compliance measures are required. The LIDs would be engineered to capture and control run-off prior to being released downstream. This would increase the duration that water is held on-site prior to being released to downstream receiving waters. This timed-release allows water to slowly infiltrate the ground and helps facilitate recharge. In addition, LIDs that include permeable materials, enable run-off to immediately infiltrate and begin the recharge process. Lastly, the Project site also includes areas that will be landscaped with permeable surfaces in accordance with EMWD’s Water Efficient Guidelines for New Development, which also would facilitate groundwater recharge. Therefore, since the Project would include BMPs to assist with the recharge of groundwater with the required measures in place, the loss of the permeable area would not be substantial.
In conclusion, the Project would not substantially deplete groundwater supplies or substantially interfere with groundwater recharge, and a less than significant impact would occur.
Mitigation Measures
No mitigation is necessary.
16 EMWD. (2022). Water Supply Assessment Report. (Appendix L) Item Title: 11.2
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Impact 4.9-3 Would the Project 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? Level of Significance: Less than Significant with Mitigation Incorporated Construction and Operations
The existing drainage pattern for the site and the general area is characterized by sheet flow to the northeast towards Ethanac Road. The existing topography currently slopes to the northeast corner of the Project site and there is no existing storm drain inlets near the perimeter of the property and the surrounding streets are undeveloped.
The Project site was initially zoned to drain partially to Line A-15a and Line A-14a. However, the proposed site drainage pattern would direct all of the stormwater runoff from the site to Line A-14a. As such, only Line A-14a would be constructed as part of this project and sized to convey the additional flow since no part of the proposed development drains towards Line A-15a.
The Project would generate on-site and off-site flows. On-site runoff would sheet flow through the Project site utilizing ribbon gutters and storm network systems and drain from the south of the property to the northeast corner to the bioretention basin. The basin is purely a water quality basin and does not provide any flow mitigation. Off-site flows from the south of the property would be collected by v-gutters along the retaining wall at the south end of the property and redirect the runoff to the proposed curb and gutter along Wheat Street and Byers Road. Stormwater runoff from the street improvements along Wheat Street from the center line to the easterly curb and gutter would enter a proposed catch basin located at the northwest corner of the property before discharging on-site into the open bioretention basin. Stormwater from the street improvements along Byers Road from the center line to westerly curb and gutter would enter a proposed catch basin located at the northeast corner of the property before discharging on-site to the open bioretention basin. Runoff from the south half of the street improvements along Kuffel Road between Wheat Street and Byers Road would also flow to a catch basin at the northeast corner of the property before discharging on-site to the open bioretention basin. Discharge from the basin would flow directly to proposed storm drain Line A-14a of the Perris Valley MDP and discharge directly into Line A before reaching the San Jacinto River. In addition, due to the fact that the downstream conveyance from the site is engineered and an MS4 facility, the Project would not be subject to limits on the rate of stormwater flow leaving the site.
Additionally, an NPDES Construction Stormwater Permit shall be obtained and a SWPPP would be implemented to minimize soil erosion and siltation on and off the site; see MM HYD-1. BMPs as outlined in the WQMP (Appendix I2) would also be implemented during construction and operation of the site to minimize erosion and sedimentation (see MM HYD-2). In addition to the SWPPP and WQMP, the Project would comply with other applicable local and regional water quality requirements described in the Regulatory Setting discussion. The Project would include street improvements along the west, east, and north side of the property and mimic the existing drainage pattern. Overall drainage patterns would remain consistent, with flows directed to the Santa Ana Watershed Region, with water quality measures Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 424
Menifee Mayor and City Council November 20, 2024 Page 1270 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.9-21 4.9 | Hydrology and Water Quality
applicable to the respective watershed. In consideration existing regulations, and with implementation of MM HYD-1 and MM HYD-2, no significant impacts are anticipated.
Mitigation Measures
Refer to MM HYD-1 and MM HYD-2 above.
Impact 4.9-4 Would the Project 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? ii) Substantially increase the rate or amount of surface run-off in a manner which would result in flooding on- or off-site?
Level of Significance: Less than Significant with Mitigation Incorporated Construction and Operations
The Project site is within a Flood Boundary, identified as Zone X which indicates that the Project is located in a minimal flood hazard zone, which are areas outside the SFHA and higher than the elevation of the
0.2-percent-annual-chance flood.
17 Surface water on the Project site is the result of precipitation or possible run-off from surrounding areas.18Zone X is determined to be outside of the 500-year flood and protected by levee from 100-year flood. Design features pursuant to the BMPs in the WQMP and SWPPP would be implemented to collect any excess runoff that may flow through the site. Implementation of the Project would introduce impervious surfaces on the site; therefore, increasing the amount and rate of surface runoff.
To address this concern, the Project Applicant prepared a Preliminary Drainage Study (Appendix I1) based on the RCFCWCD’s Hydrology Manual criteria. The Preliminary Drainage Study shows that the proposed drainage improvements would adequately convey flows to the open bioretention basin and provide flood protection for the 100-year storm event. The Project’s drainage has been designed to ensure that runoff flows leaving the site do not exceed existing conditions, thereby avoiding impacts to downstream facilities. Additionally, the Project would implement MM HYD-3 which would require that the Project Applicant submit final grading and drainage plans for review and approval by the City and the EMWD, prior to issuance of any grading permit, to ensure that the Project does not result in increased flows offsite or otherwise significantly impact downstream drainage facilities. The drainage design would prevent flooding on- and off-site due to an increase in surface water runoff. Therefore, with proposed on-site and off-site improvements and implementation of MM HYD-3, the Project would not cause additional flooding or substantial runoff, exceed the capacity of existing drainage facilities, or impede or redirect flood flows such that on-site or off-site areas are significantly impacted. Impacts would be mitigated to a less than significant level. Water quality effects of the Project are addressed under Impact 4.9-1 above. 17 FEMA. (2020). Flood Zones. Available at: https://www.fema.gov/glossary/flood-zones (accessed January 2023). 18 Albert A Webb Associates. (2022). Project Specific Water Quality Management Plan. (Appendix I2).
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 425
Menifee Mayor and City Council November 20, 2024 Page 1271 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.9-22 4.9 | Hydrology and Water Quality
Mitigation Measures
MM HYD-3: Prior to issuance of grading permits, the Project Applicant shall submit final grading plans for review and approval by the City of Menifee, including final drainage design plans supported by a final drainage study. The tract maps, grading plans, and final drainage study shall demonstrate compliance with applicable City and County drainage plans, policies, design guidelines and regulations including but not limited to City of Menifee Municipal Code Chapter 8.26 Grading Regulations.
Impact 4.9-5 Would the Project 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? iii) Create or contribute run-off water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted run-off?
Level of Significance: Less Than Significant with Mitigation Incorporated Construction and Operations
According to the PWQMP, the existing drainage pattern for the site and the general area is characterized by sheet flow to the northeast towards Ethanac Road. There are no existing storm drain inlets near the site perimeter and the surrounding streets are undeveloped. The Project would include street improvements along the north, east, and west sides of the site and mimic the existing drainage pattern.
As previously mentioned in Impact 4.9-1, on-site runoff would sheet flow through the Project site through an extensive drainage plan utilizing ribbon gutters and a storm drain network system. On-site runoff would then drain from the south of the property to the open bioretention basin along the north side of the property. However, this basin is purely a water quality basin and does not provide any flow mitigation.
Furthermore, off-site flows from the south of the property would be collected utilizing a series of v-gutters along the retaining wall located at the south end of the property, which would redirect the runoff to the proposed curb and gutter along Wheat Street and Byers Road. Runoff from street improvements along Wheat Street would be conveyed to a proposed catch basin located at the northwest corner of the property utilizing a curb and gutter system and would eventually discharge on-site into the open bioretention basin. Runoff from street improvements along Byers Road would be conveyed to a proposed catch basin located at the northeast corner of the property utilizing a curb and gutter system and would eventually discharge on-site into the open bioretention basin. Discharge from the open bioretention basin would flow directly to the proposed storm drain line A-14a before reaching the San Jacinto River. The proposed drainage improvements would adequately convey flows to the water quality basin and provide flood protection for the 100-year storm event.
Pursuant to MM HYD-1, the Project site must comply with the requirements of the NPDES General Permit, which helps control water pollution by regulating point and non-point sources that discharge pollutants into receiving waters.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 426
Menifee Mayor and City Council November 20, 2024 Page 1272 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.9-23 4.9 | Hydrology and Water Quality
The Project would be required to obtain a General Construction Permit. The General Construction Permit requires implementation of a SWPPP, which would include BMPs designated to protect the quality of storm water run-off. Preparation, implementation, and participation with both the NPDES General Permit and the General Construction Permit, including the SWPPP and BMPs, would reduce the potential for storm water flows, and any potential contaminants contained within those flows, to be conveyed off-site during construction of the Project. As a result, short-term construction-related impacts associated with creating or contributing to run-off and additional sources of polluted run-off would be less than significant.
Conformance with these requirements would be verified prior to any Project approval and included as conditions of approval to any future project. Additionally, MM HYD-2, the Project Applicant shall prepare a Final Project-Specific WQMP with Operations and Maintenance (O&M) Plan which would identify Project-specific BMPs.
As mandated by the RWQCB and through implementation of the SWQMP, the Project would include new storm water drainage system facilities that would be engineered, designed, and installed to satisfy all the water quality requirements. These measures would include maximizing natural infiltration practices and preserving existing drainage patterns; re-vegetating disturbed areas with landscaping; and minimizing unnecessary compaction of stormwater infiltration areas.
To ensure that the new storm water drainage improvements are planned and designed to satisfy these requirements as well as all other applicable standards and requirements, plans would be verified by the City and EMWD pursuant to MM HYD-3, prior to the issuance of any construction permit. Implementation of MMs HYD-1 through HYD-3 would ensure that impacts are minimized to a less than significant level.
Mitigation Measures
MMs HYD-1 through MM HYD-3 apply.
Impact 4.9-6 Would the Project 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? iv) Impede or redirect flood flows?
Level of Significance: Less than Significant Impact
Refer to the previous impact 4.9-4. The Project site is within a Flood Boundary, identified as Zone X which indicates that the Project is located in a minimal flood hazard zone. The Project Applicant would develop approximately 700,037 square feet (SF) of warehouse space (including office space) within one building on a total of 36.8 net acres with industrial uses and associated infrastructure that could change absorption rates, drainage patterns, and the rate and amount of surface water runoff that could impede or redirect flood flows. However, per the Project’s Drainage Study, subsurface storm drains and associated inlets would be used to convey on-site flows to the water quality bioretention basin located along the north end of the property. Off-site runoff would be conveyed to the open bioretention basin as well. The Drainage Study conducted for the Project site concluded the proposed drainage improvements would adequately convey flows to the basin and provide flood protection for the 100-year storm event. The Drainage study also concluded the Project would not impact flooding conditions to upstream or downstream properties.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 427
Menifee Mayor and City Council November 20, 2024 Page 1273 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.9-24 4.9 | Hydrology and Water Quality
The Project is located within the Perris Valley MDP and the Santa Ana watershed area. On-site flows would discharge to proposed MDP Line A-14a along Ethanac Road, and discharge to existing MDP Line A before reaching the San Jacinto River. Additionally, off-site runoff would be collected on-site within the water quality basin before discharging to MDP Line A-14a. On-site flows generated by the Project would sheet flow through the Project site utilizing ribbon gutters and a storm drain network system. On-site runoff would drain from the south of the property to the northeast corner to the open bioretention basin along the north side of the property. The basin is purely a water quality basin and does not provide any flow mitigation. Off-site flows from the south side of the property would be collected by v-gutters along the retaining wall at the south end of the property and redirect the runoff to the proposed curb and gutter along Wheat Street and Byers Road. Stormwater runoff from the street improvements along Wheat Street from the center line to the easterly curb and gutter would enter a proposed catch basin located at the northwest corner of the property before discharging on-site into the open bioretention basin. Similarly, stormwater from the street improvements along Byers Road from the center line to westerly curb and gutter would enter a proposed catch basin located at the northeast corner of the property before discharging on-site to the open storage basin. Runoff from the south half of the street improvements along Kuffel Road between Wheat Street and Byers Road would also flow to a catch basin at the northeast corner of the property before discharging on site to the bioretention basin. Discharge from the basin would flow directly to proposed storm drain Line A-14a of the Perris Valley MDP and discharge directly into Line A before reaching the San Jacinto River.
Stormwater runoff from the site discharges to MDP line A-14a before discharging directly to an engineered channel (MDP Line A). The engineered channel discharges to an adequate sump (San Jacinto River). Due to the fact that the downstream conveyance from the Project site is engineered and an MS4 facility, HCOC mitigation is not required. Therefore, a less than significant impact would occur in regard to redirecting flood flows, and no mitigation is required.
Mitigation Measures
No mitigation is necessary.
Impact 4.9-7 Would the Project in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
Level of Significance: Less than Significant with Mitigation Incorporated Construction and Operations
The Project is inland and is not at risk for inundation due to a tsunami since it is more than 30 miles from the Pacific Ocean. The Project site is not within a seiche zone, since no large bodies of water border the Project site.
A review of the FEMA FIRMs was conducted to determine whether the Project site is largely located within a flood zone. According to Map No. 06065C2055H (effective 8/18/2014),19 the Project site is largely within 19 FEMA. (2020). Flood Insurance Rate Map. Available at: https://hazardsfema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b5529aa9cd&extent=- 117.19036396779732,33.7418625623032,-117.18517121114374,33.744092920211955 (accessed January 2023).
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 428
Menifee Mayor and City Council November 20, 2024 Page 1274 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.9-25 4.9 | Hydrology and Water Quality
a Flood Boundary, identified as Zone X which indicates that the Project is located in a minimal flood hazard zone, which are areas outside the SFHA and higher than the elevation of the 0.2-percent-annual-chance flood.20 As previously discussed, The West, East, and Saddle Dams of Diamond Valley Lake are located upstream from the City. However, the Project site is not located within a dam inundation zone for Diamond Valley Lake.
21 Therefore the potential for inundation from dam failure would be considered low.
Additionally, BMPs have been incorporated into the site design to fully address all DMAs. Along with the implementation of the proposed DMAs, runoff would be conveyed to a proposed bioretention basin, which would be provided at the north end of the property to detain on-site and off-site runoff. Overflow from the site would discharge directly to the constructed open channel north of Ethanac Road. The Project would implement BMP’s and efficient design measures pursuant to the Project’s WQMP and SWPPP (MM HYD-1; MM HYD-2; MM HYD-3), that includes, but is not limited to, the pretreatment of runoff through the proposed open bioretention basin. Therefore, the Project ‘s impacts regarding the risk of pollutants would be reduced to less than significant levels.
Mitigation Measures
MMs HYD-1 through MM HYD-3 apply.
Impact 4.9-8: Would the Project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Level of Significance: Less than Significant Impact
Construction and Operations
As discussed in the Impacts above, the Project is located within the Perris Valley MDP and the Santa Ana River watershed area underlain by the San Jacinto Groundwater Basin. 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 above, the Project’s components are not anticipated to obstruct groundwater facilities as groundwater facilities are not planned by EMWD for this Project. Furthermore, it was concluded that the Project would not substantially deplete or decrease groundwater supplies or directly impact groundwater supplies. Thus, the Project would not conflict with the Hemet/San Jacinto Groundwater Management Plan or the West Jacinto Groundwater Basin Management Plan.
Mitigation Measures
No mitigation is necessary.
20 FEMA. (2020). Flood Zones. Available at: https://www.fema.gov/glossary/flood-zones (accessed January 2023). 21 Department of Water Resources - Division of Safety of Dams. N.D. Dam Breach Inundation Map. Available at:
https://fmds.water.ca.gov/webgis/?appid=dam_prototype_v2 (accessed March 2023).
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 429
Menifee Mayor and City Council November 20, 2024 Page 1275 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.9-26 4.9 | Hydrology and Water Quality
4.9.6 Cumulative Impacts
Cumulative impacts concerning hydrology and water quality could occur as existing uses and new development or redevelopment occurs within a specific watershed. This includes the Project and other past, present, and future projects. Due to the urbanized nature of the watershed, growth would consist of a mix of residential and non-residential development, consistent with past and present growth trends.
Cumulative development in conjunction with the Project would result in the increase of impervious surfaces, and thus could generate an increase of run-off. Thus, cumulative development, including the Project, are required to develop SWPPPs and site specific WQMPs with BMPs to control erosions and stormwater run-off in accordance with all required water quality permits and the Water Quality Control Plans. This would minimize run-off, erosion, and storm water pollution, and Projects would be required to implement and maintain source controls, and treatment measures to minimize and prevent run-off increases that could potentially degrade water quality. As part of these requirements, projects would be required to implement and maintain sources controls, and treatment measures to minimize polluted discharge and prevent increases in run-off flows that could substantially decrease water quality.
Complying with these measures would aid in minimizing runoff and stormwater pollutants. Therefore, related projects are not expected to cause substantial increases in storm water pollution. With compliance with State and local mandates, cumulative impacts would be less than significant. Furthermore, the Project would implement the BMPs discussed above in Impact 4.9-1, along with efficient design measures in accordance with all applicable federal, state, and local regulations. Therefore, the Project’s impacts would not be cumulatively considerable.
4.9.7 Significant Unavoidable Impacts
No significant unavoidable hydrology and water quality impacts were identified.
4.9.8 References
Albert A. Webb Associates. 2022. Preliminary Drainage Study. (Appendix I1) Albert A Webb Associates. 2022. Project Specific Water Quality Management Plan. (Appendix I2) City of Menifee. (2013). General Plan Draft EIR; Section 5.9, Hydrology and Water Quality, Page 5.9-1.
Available at: https://www.cityofmenifee.us/DocumentCenter/View/1109/Ch-05-09-HYD?bidId=.
City of Menifee. (2023). General Plan – Land Use Map. Available at:
https://www.cityofmenifee.us/DocumentCenter/View/11043/General-Plan--Land-Use-Map--- March-2023?bidId=.
City of Menifee. (2023). Municipal Code Chapter 15.01, Stormwater/Urban runoff Ordinance. Available at:
https://codelibrary.amlegal.com/codes/menifee/latest/overview.
City of Menifee. (2023). Municipal Code. Chapter 8.26.060 Erosion Control Plan. Available at:
https://codelibrary.amlegal.com/codes/menifee/latest/menifee_ca/0-0-0-28708#JD_8.26.060.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 430
Menifee Mayor and City Council November 20, 2024 Page 1276 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.9-27 4.9 | Hydrology and Water Quality
Department of Water Resources - Division of Safety of Dams. N.D. Dam Breach Inundation Map. Available at: https://fmds.water.ca.gov/webgis/?appid=dam_prototype_v2.
EMWD. (2022). Water Supply Assessment Report. (Appendix L).
FEMA. (2020). Flood Insurance Rate Map. Available at: https://hazardsfema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0adb51996444d4879338b5529aa 9cd&extent=-117.19036396779732,33.7418625623032,-
117.18517121114374,33.744092920211955 (accessed January 2023).
FEMA. (2020). Flood Zones. Available at: https://www.fema.gov/glossary/flood-zones.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 431
Menifee Mayor and City Council November 20, 2024 Page 1277 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.10-1 4.10 | Land Use and Planning
4.10 LAND USE AND PLANNING
4.10.1 Introduction
This section of the Draft Environmental Impact Report (EIR) discusses the potential land use impacts associated with the implementation of the CADO Menifee Industrial Warehouse Project (Project). The existing land uses of the Project site and surrounding areas along with applicable regional and local regulations will be described in order to contextualize the Project’s potential to result in land use impacts.
In the event that a potentially significant environmental impact is identified, mitigation measures would be proposed in order to reduce the impacts to less than significant levels.
4.10.2 Environmental Setting
Existing and Surrounding Land Uses
The Project is located within eight parcels in the northwestern portion of the City of Menifee (City). The Assessor’s Parcel Numbers (APNs) associated with the Project site are included in Table 2-1, and here in Table 4.10-1: Assessor’s Parcel Numbers.
Table 4.10-1: Assessor’s Parcel Numbers
Parcel APN
1 330-190-002
2 330-190-003
3 330-190-004
4 330-190-005
5 330-190-010
6 330-190-011
7 330-190-012
8 330-190-013
Source: County of Riverside. (2023). Map My County.
https://gis1.countyofriverside.us/Html5Viewer/index.html?viewer=MMC_Public_v11 (accessed August 2023).
Existing land uses surrounding the Project site includes scattered existing rural residential homes and outbuildings, and vacant land. See Table 2-2: Surrounding Land Uses and here in Table 4.10-2:
Surrounding Land Uses, for surrounding land uses as well as existing land use designations and zoning classifications.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 432
Menifee Mayor and City Council November 20, 2024 Page 1278 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.10-2 4.10 | Land Use and Planning
Table 4.10-2: Surrounding Land Uses
Location Existing Land Use General Plan Land Use
Designation
Zoning Classification
North
Vacant undeveloped land
Single-family residential
Stormwater treatment basin
Economic Development
Corridor-Northern Gateway
EDC-NG
Economic Development Corridor-Northern
Gateway
EDC-NG
East
Vacant undeveloped land
Single-family residential
Economic Development
Corridor-Northern Gateway
EDC-NG
Economic Development Corridor-Northern
Gateway
EDC-NG
South
Vacant undeveloped land
Single-family residential
Economic Development
Corridor-Northern Gateway
EDC-NG
Economic Development Corridor-Northern
Gateway
EDC-NG
West
Vacant undeveloped land and
Commercial Development
Economic Development
Corridor-Northern Gateway
EDC-NG
Economic Development Corridor-Northern
Gateway
EDC-NG
Sources: City of Menifee. (2023). General Plan Land Use Map. Retrieved at:
https://www.cityofmenifee.us/DocumentCenter/View/11043/General-Plan--Land-Use-Map---March-2023?bidId= (accessed August 2023).
City of Menifee. (2023). Zoning Map. Retrieved at: https://www.cityofmenifee.us/DocumentCenter/View/11042/Zoning-Map---March2023?bidId= (accessed August 2023).
The majority of the Project site consists of vacant, undeveloped land. There are also two existing singlefamily residences and associated out structures located on parcel 330-190-013. North of the Project site is Kuffel Road and existing land uses include existing rural residential homes and outbuildings. East of the Project site is Byers Road and existing land uses include vacant undeveloped land and a single-family residence with associated out structures. South of the Project site is Corsica Lane and vacant undeveloped land and a single-family residence with associated out structures. Lastly, west of the Project site is Wheat Street and beyond is a mix of vacant and developed land. Developed land includes a mix of single family residential, Carreon Automotive Repair and Tanzer German Shepherd Dogs. See Exhibit 2-2: Local Vicinity Map for existing Project site and surrounding land uses.
General Plan Land Use Designations and Zoning Classifications The Project site’s existing land use designation is Economic Development Corridor-Northern Gateway (EDC-NG) (see Exhibit 2-3: Existing General Plan Land Use Designations). The Menifee GP (GP) Land Use Map was amended March 23, 2023.
1 The Project site’s existing zoning classifications is EDC-NG (see Exhibit 2-4: Existing Zoning). The City’s Zoning Map was amended March 23, 2023. 2 The EDC designation is intended to provide economic vitality and flexibility in land use options to promote economic development along the City's major corridors. The goal of the EDC is to provide and promote Economic Development Corridors that are visually distinctive and vibrant and combine commercial, industrial, residential, civic, cultural, and recreational uses. It is intended that the majority of the City's new development will be located in these areas, to promote infill development and to preserve the rural areas that are an integral part of the City’s community character. The Northern Gateway (Ethanac Road) subarea is anticipated to develop as relatively intensive industrial uses and would require thoughtful 1 City of Menifee. (2023). General Plan Land Use Map. Retrieved at: https://www.cityofmenifee.us/DocumentCenter/View/11043/GeneralPlan--Land-Use-Map---March-2023?bidId= (accessed August 2023). 2 City of Menifee. (2023). Zoning Map. Retrieved at: https://www.cityofmenifee.us/DocumentCenter/View/11042/Zoning-Map---March2023?bidId= (accessed August 2023).
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 433
Menifee Mayor and City Council November 20, 2024 Page 1279 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.10-3 4.10 | Land Use and Planning
buffering from adjacent land uses.3The EDC-NG allow for the development of industrial and warehousing related uses which the proposed Project is consistent with.
4.10.3 Regulatory Setting
Regional
Southern California Association of Governments
Southern California Association of Governments (SCAG) is a council of governments representing Los Angeles, Orange, San Bernardino, Riverside, Ventura, and Imperial counties. SCAG is the Federally recognized Metropolitan Planning Organization (MPO) for this region. SCAG is a regional planning agency and a forum for addressing regional issues concerning transportation, the economy, community development, and the environment. SCAG is also the regional clearinghouse for projects requiring environmental documentation under Federal and State law. In this role, SCAG reviews proposed development and infrastructure projects to analyze their impacts on regional planning programs. As the southern California region’s MPO, SCAG cooperates with the South Coast Air Quality Management District, the California Department of Transportation, and other agencies in preparing regional planning documents. SCAG has developed the Regional Comprehensive Plan, the Regional Housing Needs Assessment, and the Regional Transportation Plan /Sustainability Communities Strategy (RTP/SCS). 2020-2045 Regional Transportation Plan/Sustainable Communities Strategies SCAG’s 2020-2045 RTP/SCS also referred to as the Connect SoCal, provides the long-range vision of the SCAG region. The RTP/SCS expands land use and transportation strategies established from previous cycles to increase mobility options and achieve a more sustainable growth pattern. The Connect SoCal contains plans and projections for the region’s future, from 2020 through the horizon year of 2045. Like other RTP/SCS publications, the Connect SoCal provides a policy framework for preparing local plans and handling issues of regional significance, such as land use and housing, open space and biological habitats, water, energy, air quality, solid waste, transportation, security and emergency preparedness, economy, and education. Specifically, the plan also strives to achieve broader regional objectives, such as the preservation of natural lands, improvement of public health, increased roadway safety, support for the region’s vital goods movement industries, and more efficient use of resources.
The Connect SoCal advances regional planning by incorporating an integrated approach between SCAG, State and local governments, transportation commissions, resources agencies and conservation groups, the private sector, and the general public.
Connect SoCal can be found here: https://scag.ca.gov/read-plan-adopted-final-plan.
Local
City of Menifee General Plan
3 City of Menifee. (2020). General Plan Community Design Element. Available at: https://cityofmenifee.us/882/Community-Design-Element (accessed August 2023).
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 434
Menifee Mayor and City Council November 20, 2024 Page 1280 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.10-4 4.10 | Land Use and Planning
The Menifee GP contains includes goals and policies intended to provide benefits to the City through longrange planning. The Menifee GP was adopted in 2013 to provide planning framework to guide the City’s growth and development through 2030. The GP is comprised of the following elements: Land Use; Housing; Circulation; Open Space & Conservation; Community Design; Economic Development; Safety; and Noise. Goals and policies applicable to the Project are identified in Table 4.10-4: City of Menifee General Plan Consistency.
The Menifee GP can be found here: https://www.cityofmenifee.us/221/General-Plan.
City of Menifee Municipal Code
The City of Menifee Municipal Code (MC) Title 9: Planning and Zoning is the Menifee Development Code.
The Menifee Development Code assists the Menifee GP by providing driving policies that reinforce the goals set by the GP. By complying with the standards set in the development code, the City will more efficiently achieve sustainable growth. This document outlines the City’s guidelines and requirements for developments for each zoning type.
The Menifee MC can be found here: https://codelibrary.amlegal.com/codes/menifee/latest/overview.
4.10.4 Impact Thresholds and Significance Criteria
The State of California Environmental Quality Act (CEQA) Guidelines Appendix G has been utilized as significance criteria in this section. Accordingly, the Project would have a significant environmental impact if one or more of the following occurs:
• Physically divide an established community or
• 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.
Methodology and Assumptions
The Project is evaluated against the aforementioned significance criteria/thresholds, as the basis for determining the impact’s level of significance concerning land use and planning. This analysis considers the existing regulatory framework (i.e., laws, ordinances, regulations, and standards) that avoid or reduce a potentially significant environmental impact. Where significant impacts remain despite compliance with the regulatory framework, feasible mitigation measures are recommended to avoid or reduce the Project’s potentially significant environmental impacts.
Approach to Analysis
This analysis of impacts on land use and planning components examines the Project’s temporary (i.e., construction) and permanent (i.e., operational) effects based on application of the significance criteria/thresholds outlined above. Each criterion is discussed in the context of the Project site and the surrounding characteristics/geography. The impact conclusions consider the potential for changes in environmental conditions, as well as compliance with the regulatory framework enacted to protect the environment.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 435
Menifee Mayor and City Council November 20, 2024 Page 1281 of 2294 City of Menifee
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The baseline conditions and impact analyses are based on field observations conducted by Kimley-Horn; review of Project maps and drawings; analysis of aerial and ground‐level photographs; and review of various data available in public records, including local planning documents. The determination that a Project component would or would not result in “significant” adverse effects on land use and planning standards considers the available policies and regulations established by local and regional agencies and the amount of deviation from these policies in the Project’s components.
4.10.5 Impacts and Mitigation Measures
Impact 4.10-1 Would the Project physically divide an established community? Level of Significance: Less Than Significant
Construction and Operation
The Project site is zoned EDC-NG which allows for the development of industrial uses. The Project site includes existing mixed single residential structures and associated out buildings that would be demolished for the development of the proposed 700,037 square feet of industrial warehouse development with associated office space.
The Project would not physically divide an established community, because it would use existing owned parcels that are already inaccessible for pedestrian or vehicular through traffic. In addition, although residential uses will be demolished, these are intermixed with other vacant land. As a result, there is a substantial lack of geographic neighborhood cohesion. The Project would add no additional barriers than those that already exist (i.e., fencing throughout some of the homes and portions of the Project site).
Therefore, impacts would be less than significant. The Project would not involve the removal of vital roadways or points of connection for residents but would improve Project area roadways.
Lastly, the Project’s proposed uses would be consistent with all applicable City General Plan goals and policies and specific development standards contained in the Menifee Municipal Code (Menifee MC).
Therefore, impacts would be less than significant.
Mitigation Measures
No mitigation is necessary.
Impact 4.10-2 Would the Project 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?
Level of Significance: Less Than Significant
Construction and Operation
Consistency with SCAG Connect SoCal Strategies
The Project has been designed to be compatible with the strategies proposed by SCAG in their Connect SoCal These strategies were a collaborative effort between SCAG and local agencies with the intention of Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 436
Menifee Mayor and City Council November 20, 2024 Page 1282 of 2294 City of Menifee
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not only managing regional growth, but also maximizing ecological health. Table 4.10-3: Project Compatibility with SCAG Connect SoCal Strategies below describes the Project’s compatibility with the land use strategies proposed in SCAG’s Connect SoCal.
Table 4.10-3: Project Compatibility with SCAG Connect SoCal Strategies RTP/SCS Strategies [1] Project Compatibility
Goal 1: Encourage
regional economic
prosperity and global
competitiveness
Consistent: The City’s GP Draft EIR accounted for the change of residential land use designations within the northern portions of the City to Economic Development Corridor (EDC), which was envisioned for nonresidential uses with residential uses playing a supporting role. The Project would be developed with warehouse uses and associated infrastructure in support of the EDC designation. Furthermore, the Project would provide both temporary and permanent jobs at a rate similar to the proposed growth in population within the City.
Goal 2: Improve mobility,
accessibility, and travel
safety for people and
goods.
Consistent: The Project would include both on-site and off-site roadway improvements to Byers Road, Wheat Street, and Kuffel Road, that would improve mobility, accessibility, and travel safety for people and goods in the area. The proposed improvements to the City’ roadways would not increase roadway/travel hazards. The Project’s potential transportation-related impacts are further discussed in Section 4.13, Transportation of this Draft EIR.
Goal 3: Enhance the
preservation, security, and
resilience of the regional
transportation system
Consistent: See response to Goal 2 above. The Project would provide roadway improvements in support on the preservation, security, and resilience of the City’s roadway system.
Goal 4: Increase person
and goods movement and
travel choices within the
transportation system.
Consistent: The Project proposes one warehouse building and associated infrastructure that would not diminish the movement of people but promote the movement of goods in an area considered rural.
Goal 5: Reduce
greenhouse gas emissions
and improve air quality
Consistent: The Project includes an analysis of the Project’s potential greenhouse gas emissions, climate effects, and air quality impacts in Section 4.2, Air Quality and Section 4.7, Greenhouse Gas Emissions of this Draft EIR. The Project is located within an urban area in proximity to existing tuck routes and freeways. Location of the Project is within a developed area and would reduce trip lengths. This would reduce GHG and air quality emissions.
Goal 6: Support healthy
and equitable
communities.
Consistent: Consistent with the Menifee GP Draft EIR conclusion, implementation of the Project would not divide established communities along these corridor areas but would help provide the community with a job source and additional income for the City which would ultimately support healthy and equitable communities. The Project would adhere to the policies outlined in the City’s General Plan and specific development standards outlined in the Menifee MC.
Goal 7: Adapt to a
changing climate and
support an integrated
regional development
pattern and
transportation network.
Consistent: As stated in response to Goal 5 above, the Project includes an analysis of the Project’s potential risks in relation to climate change.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 437
Menifee Mayor and City Council November 20, 2024 Page 1283 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.10-7 4.10 | Land Use and Planning
RTP/SCS Strategies [1] Project Compatibility
Goal 8: Leverage new
transportation
technologies and datadriven solutions that
result in more efficient
travel.
Consistent: The Project includes various off-site improvements that would improve the efficiency of the City’s existing roadway system and is further discussed in Section 4.13, Transportation of this Draft EIR.
Source: SCAG. (2020). Connect SoCal. Available at: https://scag.ca.gov/sites/main/files/file-attachments/0903fconnectsocalplan_0.pdf?1606001176 (accessed August 2023).
General Plan and Municipal Code Consistency Analysis
City of Menifee General Plan
The Menifee GP is the City’s long-term planning document that contains goals and policies to assist the future buildout of the City. A summary of the Project’s consistency with applicable goals and policies of Menifee GP is provided in Table 4.10-4, Consistency with the City’s General Plan.
Table 4.10-4: Consistency with the City’s General Plan
General Plan Goals/Policies Project Consistency
LAND USE ELEMENT
Goal LU-1: Land uses and building types that result in a community where residents at all stages of life, employers, workers, and visitors have a diversity of options of where they can live, work, shop, and recreate within Menifee.
Policy LU-1.1: Concentrate growth in strategic locations to help preserve rural areas, create place and identity, provide infrastructure efficiently, and foster the use of transit options.
Consistent: The Project site’s existing land use designation is Economic Development Corridor-Northern Gateway
(EDC-NG). The City’s GP envisions the EDC-NG as an
industrial park area with more intensive industrial uses, the Project would be consisted with the City’s GP.4
Policy LU-1.4: Preserve, protect, and enhance
established rural, estate, and residential
neighborhoods by providing sensitive and welldesigned transitions (building design, landscape, etc.) between these neighborhoods and adjoining areas.
Consistent: The Project would include, but not be limited to, landscape screening and setbacks to screen the
proposed building from nearby residential
neighborhoods. The Project’s aesthetic-related impacts
are discussed further in Section 4.1, Aesthetics.
Policy LU-1.6: Coordinate land use, infrastructure, and transportation planning and analysis with regional,
county, and other local agencies to further regional and subregional goals for jobs-housing balance
Consistent: The Project would provide new jobs
consistent with the rate of population/housing growth in support of the City’s job to housing ratio.
Policy LU-1.10: 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,
and similar uses.
Consistent: The Project site’s existing land use designation is EDC-NG, which is intended to be an industrial park area, with more intensive industrial uses.
Goal LU-3: A full range of public utilities and related services that provide for the immediate and long-term needs of the community.
Policy LU-3.3: Coordinate public infrastructure
improvements through the City’s Capital Improvement
Program.
Consistent: The Project’s proposed on- and off-site utility infrastructure improvements would be developed in
accordance with the City’s Capital Improvement Program. 4 City of Menifee. (2023). General Plan Land Use Element. Page 24. Retrieved at:
https://www.cityofmenifee.us/DocumentCenter/View/17714/FINAL_Land-Use-Element_11823?bidId= (accessed October 2023).
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 438
Menifee Mayor and City Council November 20, 2024 Page 1284 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.10-8 4.10 | Land Use and Planning
General Plan Goals/Policies Project Consistency
Policy LU-3.4: Require that approval of new
development be contingent upon the project’s ability
to secure appropriate infrastructure services
Consistent: As discussed in Section 4.15, Utilities and Service Systems, the Project would be adequately served by existing utilities and service systems.
Policy LU-3.5: Facilitate the shared use of right-of-way, transmission corridors, and other appropriate
measures to minimize the visual impact of utilities
infrastructure throughout Menifee.
Consistent: The Project would comply with the Menifee
GP goals and policies listed in Section 4.1.3 as they pertain to aesthetics and scenic quality. Existing and proposed aerial utilities would be undergrounded as part of the
Project, minimizing visual impacts from utilities
infrastructure in this portion of City.
Policy LU-3.6: Locate site entries and storage bays to
minimize conflicts with adjacent residential
neighborhoods.
Consistent: The Project would include screening trees
around the perimeter of the Project site to minimize
conflicts with adjacent residential neighborhoods.
Policy LU-3.18: Require setbacks and other design
elements to buffer residential units to the extent
possible from the impacts of abutting roadway,
commercial, agricultural, and industrial uses.
Consistent: The Project would incorporate, but not be
limited to, landscape screening and setbacks to screen the proposed building from nearby residential
neighborhoods.
Policy LU-4.1: Ensure that land use decisions within the March Air Reserve Base and Perris Valley Airport areas
of influence are consistent with applicable Airport Land Use Compatibility Plans. Comply with State law
regarding projects subject to review by the Riverside
County Airport Land Use Commission (ALUC).
Consistent: The Project is located with Zone E influence area of the Perris Valley Airport. Thus, the Project would be consistent with the establishes policies applicable
policies within the Airport Land Use Compatibility Plan (ALUCP) for the Perris Valley Airport planning area. The Project would be subject to review by the ALUC.
Policy LU-4.2: Ensure that development proposals
within the March Air Reserve Base and Perris Valley
Airport areas of influence fully comply with the permit procedures specified in Federal and State law, with the referral requirements of the Airport Land Use
Commission (ALUC), and with the conditions of
approval imposed or recommended by the Federal
Aviation Administration and ALUC, such as land use
compatibility criteria, including density, intensity, and coverage standards. This requirement in addition to all other City development review requirements.
Consistent: The Project would comply with all applicable permit procedures specified in Federal and State law with any conditions of approval imposed or recommended by
the Federal Aviation Administration and ALUC, such as
land use compatibility criteria, including density, intensity, and coverage standards in addition to all other City
development review requirements.
CIRCULATION ELEMENT
Goal C-1: A roadway network that meets the circulation needs of all residents, employees, and visitors to the City of Menifee.
Policy C-1.1: Require roadways to:
• Comply with federal, state, and local design and
safety standards.
• Meet the needs of multiple transportation
modes and users.
• Be compatible with the streetscape and
surrounding land uses.
• Be maintained in accordance with best practices.
Consistent: All internal and external roadways would
comply with all applicable federal, state, and local design and safety standards.
Policy C-1.5: Minimize idling times and vehicle miles
traveled to conserve resources, protect air quality, and limit greenhouse gas emissions.
Consistent: Refer to Impact 4.13-2 that discusses the
Project impacts on VMT. It is not anticipated for the
Project to create a significant impact on VMT as the
baseline project VMT per service population and the
cumulative project VMT are both lower than the City
threshold. Further, the Project would reduce VMT within Item Title: 11.2
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General Plan Goals/Policies Project Consistency
the City boundary under baseline and cumulative
conditions. Therefore, the Project would have a less than significant impact on VMT.
Goal C-2: A bikeway and community pedestrian network that facilitates and encourages nonmotorized travel throughout the City of Menifee.
Policy C-2.1: Require on- and off-street pathways to:
• Comply with federal, state, and local design and
safety standards.
• Meet the needs of multiple types of users
(families, commuters, recreational beginners,
exercise experts) and meet ADA standards and
guidelines.
• Be compatible with the streetscape and
surrounding land uses.
Be maintained in accordance with best practices.
Consistent: The Project is designed to enhance pedestrian access and circulation. The Project would provide
sidewalks along the Project site perimeters. The proposed pedestrian facilities would meet the needs of multiple
types of users, be Americans with Disabilities Act
Standards compliant, and connect communities
surrounding the Project site.
Policy C-2.2: Provide off-street multipurpose trails and on-street bike lanes as our primary paths of citywide
travel, and explore the shared use of low-speed
roadways for connectivity wherever it is safe to do so.
Policy C-2.3: Require walkways that promote safe and
convenient travel between residential areas,
businesses, schools, parks, recreation areas, transit
facilities, and other key destination points.
Goal C-5: An efficient flow of goods through the city that maximizes economic benefits and minimizes negative impacts.
Policy C-5.1: Designate and maintain a network of city
truck routes that provides for the effective transport of goods while minimizing negative impacts on local
circulation and noise-sensitive land uses.
Consistent: The Project could allow for the efficient flow of goods locally and regionally that maximizes the
economic benefit of the City and region. The Project is also sited near Interstate 215 (I-215) and therefore, would
provide easy access to and from the site.
Policy C-5.3: Support efforts to reduce/eliminate the
negative environmental impacts of goods movement.
Consistent: The Project’s impacts are discussed through Section 4.1, Aesthetics through Section 4.15, Utilities and Service Systems Where feasible, mitigation measures are implemented to reduce potentially significant
unavoidable impacts to less than significant levels.
COMMUNITY DESIGN ELEMENT
Goal CD-3: Projects, developments, and public spaces that visually enhance the character of the community and are appropriately buffered from dissimilar land uses so that differences in type and intensity do not conflict.
Policy CD-3.3: Minimize visual impacts of public and
private facilities and support structures through
sensitive site design and construction. This includes but is not limited to: appropriate placement of facilities; undergrounding, where possible; and aesthetic design
(e.g., cell tower stealthing).
Consistent: Refer to Section 4.1, Aesthetics.
Undergrounding of existing and proposed aerial utilities would be conducted. Design of the Project would be of
neutral coloration and aesthetically pleasing. Landscaping would be incorporated throughout the Project site.
Policy CD-3.5: Design parking lots and structures to be functionally and visually integrated and connected; offstreet parking lots should not dominate the street scene.
Consistent: The Project would comply with the Menifee
GP goals and policies listed in Section 4.1.3 as they pertain to aesthetics and scenic quality. Parking, loading, trash and service areas shall be screened by structures or
landscaping, consisting of trees, shrubs, walls, and fencing.
Refer to the Conceptual Landscape Plan for further detail.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 440
Menifee Mayor and City Council November 20, 2024 Page 1286 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.10-10 4.10 | Land Use and Planning
General Plan Goals/Policies Project Consistency
Policy CD-3.8: Design retention/detention basins to be
visually attractive and well-integrated with any
associated project and with adjacent land uses.
Consistent: Refer to Section 4.9, Hydrology and Water
Quality. To collect surface water and runoff from the
impervious areas, an extensive drainage plan would be in place which includes ribbon gutters, subsurface storm
drains, curb cuts, u-channels, and detention basins. The basins are designed to weaken the flow of postdevelopment runoff to pre-development conditions, and have been designed to treat runoff for pollutants,
pursuant to SWRCB regulations.
Policy CD-3.9: Utilize Crime Prevention through
Environmental Design (CPTED) techniques and
defensible space design concepts to enhance
community safety.
Consistent: Refer to Section 4.12, Public Services. The Menifee Police Department (MPD) would be provided the
opportunity to review the Project’s design to verify that all feasible CPTED strategies are incorporated. CPTED is a way of designing the built environment to create a safer built environment. CPTED elements include the strategic use of nighttime security lighting, avoidance of landscaping and fencing that limit sightlines, and use of a single, clearly identifiable point of entry.
Policy CD-3.10: Employ design strategies and building
materials that evoke a sense of quality and
permanence.
Consistent: Refer to Section 4.1, Aesthetics. The Project would comply with the Menifee GP goals and policies
listed in Section 4.1.3 as they pertain to aesthetics and scenic quality. Parking, loading, trash and service areas shall be screened by structures such as iron fencing and decorative walls, and landscaping consisting of trees,
shrubs, and ground cover. Outside storage shall be
screened with structures, screen walls, and landscaping.
Landscaping shall be placed in a manner adjacent to the exterior boundaries of the area so that materials stored are screened from view. All new utilities shall be
underground. All lighting, including spotlights, floodlights, electrical reflectors and other means of illumination for signs, structures, landscaping, parking, loading, unloading and similar areas shall be focused, directed, and arranged to prevent glare or direct illumination on streets or
adjoining property.
Policy CD-3.14: Provide variations in color, texture,
materials, articulation, and architectural treatments.
Avoid long expanses of blank, monotonous walls or
fences.
Consistent: Project development will consist of variations in color, texture, materials, articulation, and architectural treatments (refer to Architectural and Elevation Plans).
Policy CD-3.15: Require property owners to maintain
structures and landscaping to high standards of design, health, and safety.
Consistent: Refer to the Project’s Conceptual Landscape Plan, which incorporates a high standard of design, health and safety and for structures through the design
review/discretionary City approval process.
Improvements for signage, perimeter walls, fencing,
pilaster, etc. shall be maintained by an owner’s association or private owner(s).
Policy CD-3.16: Avoid use of long, blank walls in
industrial developments by breaking them up with
vertical and horizontal façade articulation achieved
through stamping, colors, materials, modulation, and
landscaping.
Consistent: Refer to Section 4.1, Aesthetics. The Project would comply with the Menifee GP goals and policies as
they pertain to aesthetics and scenic quality. Project
development will consist of variations in color, texture, materials, articulation, and architectural treatments
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 441
Menifee Mayor and City Council November 20, 2024 Page 1287 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.10-11 4.10 | Land Use and Planning
General Plan Goals/Policies Project Consistency
(refer to Architectural and Elevation Plans). Project
development areas shall be screened by structures such as decorative walls, and landscaping consisting of trees,
shrubs, and varying ground cover.
Policy CD-3.17: Encourage the use of creative
landscape design to create visual interest and reduce
conflicts between different land uses.
Consistent: Refer to the Project’s Conceptual Landscape Plan. The Project site will consist of varying species of tree, flora, and shrubbery.
Policy CD-3.19: Design walls and fences that are well
integrated in style with adjacent structures and terrain and utilize landscaping and vegetation materials to
soften their appearance.
Consistent: . The Project fences and walls would be
designed in accordance with applicable state and local
regulations including, but not limited to the Menifee GP Policies and MC industrial design guidelines.
Policy CD-3.20: Avoid the blocking of public views by
solid walls.
Consistent: Refer to Section 4.1: Aesthetics. The Project components would be designed in accordance with
applicable state and local regulations including, but not limited to Menifee GP Policies and MC industrial design guidelines. This would ensure that the Project does not substantially degrade the existing visual character or
quality of public views of the site and its surroundings.
Public views of the Project site would be obscured by
screening trees, see Exhibit 2-7: Conceptual Landscape
Plan for additional details.
Goal CD-5: Economic Development Corridors that are visually distinctive and vibrant and combine commercial, industrial, residential, civic, cultural, and recreational uses.
Policy CD-5.4: Locate building access points along
sidewalks, pedestrian areas, and bicycle routes, and
include amenities that encourage pedestrian activity in the EDC areas where appropriate.
Consistent: The Project would be designed in compliance with this policy as the Project would provide and extend pedestrian facilities throughout the sites. These
pedestrian facilities would also encourage bicycle
transportation.
Policy CD-5.6: Orient building entrance toward the
street and provide parking in the rear, when possible.
Consistent: The Project would be designed in compliance with this policy as Project sites entrances would be located along side streets.
Policy CD-5.8: Encourage adjacent commercial and
industrial buildings to share open, landscaped, and/or
hardscaped areas for visual relief, access, and outdoor employee gathering places.
Consistent: The Project would be designed in compliance with this policy as the Project proposes to include
approximately 273,885 square feet of combined on-site
and perimeter landscaping.
Goal CD-6 Attractive landscaping, lighting, and signage that conveys a positive image of the community.
Policy CD-6.3: Require property owners to maintain the
existing landscape on developed nonresidential sites
and replace unhealthy or dead landscaping.
Consistent: Refer to the Project’s Conceptual Landscape Plan. Improvements for signage, perimeter walls, fencing, pilaster, etc. shall be maintained by the association or private owner(s).
Policy CD-6.4: Require that lighting and fixtures be
integrated with the design and layout of a project and
that they provide a desirable level of security and
illumination.
Consistent: Refer to Section 4.1, Aesthetics. The Project’s lighting would be consistent with Menifee GP Policy CD6.4 and MC Chapter 9.205, Lighting Standards which states that all lighting, including spotlights, floodlights, electrical reflectors, and other means of illumination for signs,
structures, landscaping, parking, loading, unloading and similar areas shall be focused, directed, and arranged to prevent glare or direct illumination on streets or adjoining property.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 442
Menifee Mayor and City Council November 20, 2024 Page 1288 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.10-12 4.10 | Land Use and Planning
General Plan Goals/Policies Project Consistency
Policy CD-6.5: Limit light leakage and spillage that may interfere with the operations of the Palomar
Observatory.
Consistent: Refer to Section 4.1, Aesthetics, Impact 4.1 4.
Once operational, the buildings would use interior lighting and exterior security and parking lot lighting. Consistent with MC Chapter 9.205, Lighting Standards, all lighting, including spotlights, floodlights, electrical reflectors and other means of illumination for signs, structures,
landscaping, parking, loading, unloading and similar areas shall be focused, directed, and arranged to prevent glare or direct illumination on streets or adjoining property.
OPEN SPACE AND CONSERVATION ELEMENT
Goal OSC-4: Efficient and environmentally appropriate use and management of energy and mineral resources to ensure their availability for future generations.
Policy OCS-4.1: Apply energy efficiency and
conservation practices in land use, transportation
demand management, and subdivision and building
design.
Consistent: Refer to Section 4.5, Energy. The energy
conservation policies and plans relevant to the Project include the California Title 24 energy standards and the CALGreen Building Code. The Project would be required to comply with these existing energy standards. Compliance with state and local energy efficiency standards would
ensure that the Project meets all applicable energy
conservation policies and regulations. As such, the Project would not conflict with applicable plans for renewable
energy or energy efficiency. SCAG’s 2020-2045 Regional
Transportation Plan/Sustainable Communities Strategy
(Connect SoCal) (RTP/SCS), adopted in September 2020,
integrates transportation, land use, and housing to meet GHG reduction targets set by CARB. The document
establishes GHG emissions goals for automobiles and
light-duty trucks, as well as an overall GHG target for the region consistent with both the target date of AB 32 and the post-2020 GHG reduction goals of SB 375. The Project would not conflict with the stated goals of the RTP/SCS.
Potential impacts are considered less than significant.
Policy OCS-4.2: Evaluate public and private efforts to
develop and operate alternative systems of energy
production, including solar, wind, and fuel cell.
Consistent: Refer to Section 4.5, Energy.
Goal OSC-5: Archaeological, historical, and cultural resources are protected and integrated into the city's built environment.
Policy OCS-5.1: Preserve and protect archaeological
and historic resources and cultural sites, places,
districts, structures, landforms, objects and native
burial sites, traditional cultural landscapes and other features, consistent with state law and any laws,
regulations or policies which may be adopted by the
city to implement this goal and associated policies.
Consistent: The Project’s impacts on cultural resources are analyzed within Section 4.4, Cultural Resources.
Policy OCS-5.3: Preserve sacred sites identified in
consultation with the appropriate Native American
tribes whose ancestral territories are within the city, such as Native American burial locations, by avoiding
activities that would negatively impact the sites, while maintaining the confidentiality of the location and
nature of the sacred site
Consistent: Pursuant to Assembly Bill (AB) 52, the City entered into consultation with applicable Native American tribes whose ancestral territories reside within or near the Project site. Refer to Section 4.14, Tribal Cultural
Resources for more information.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 443
Menifee Mayor and City Council November 20, 2024 Page 1289 of 2294 City of Menifee
CADO Menifee Industrial Warehouse Project Draft Environmental Impact Report March 2024 4.10-13 4.10 | Land Use and Planning
General Plan Goals/Policies Project Consistency
Policy OCS-5.4: Establish clear and responsible policies and best practices to identify, evaluate, and protect
previously unknown archaeological, historic, and
cultural resources, following applicable CEQA and NEPA
procedures and in consultation with the appropriate
Native American tribes who have ancestral lands within
the city.
Consistent: The Project’s impacts on cultural and tribal resources are analyzed within Section 4.4, Cultural
Resources and 4.14, Tribal Cultural Resources,
respectively..
Policy OCS-5.5: Develop clear policies regarding the
preservation and avoidance of cultural resources
located within the city, in consultation with the
appropriate Native American tribes who have ancestral
lands within the city.
Consistent: Refer to response to Policy OCS-5.3.
Goal OSC-7: A reliable and safe water supply that effectively meets current and future user demands.
Policy OCS-7.1: Work with the Eastern Municipal Water
District (EMWD) to ensure that adequate, high-quality
potable water supplies and infrastructure are provided
to all development in the community.
Consistent: The Project would receive potable water from EMWD. Section 4.15, Utilities and Service Systems
determined that EMWD will have adequate supply to
support the Project’s water demand in conjunction with
cumulative development. Refer to Section 4.15, Utilities and Service Systems for more information.
Policy OCS-7.2: Encourage water conservation as a
means of preserving water resources.
Consistent: Refer to Section 4.9, Hydrology and
Section 4.15, Utilities and Service Systems for more
information. The Project would comply with the RCWQMP
for the Santa Ana River Region of Riverside County, which would minimize impacts on receiving water quality by
incorporating post-construction BMPs into Project design, including LID site design, hydromodification measures,
source control, and treatment control. Implementation of the BMPs as PDFs would reduce the impacts of the Project to receiving water quality in both the construction and operation phases, encouraging the use of water
conservation and preservation of the surrounding water
resources.
Policy OCS-7.5: Utilize a wastewater collection,
treatment, and disposal system that adequately serves
the existing and long-term needs of the community.
Consistent: The Project includes wastewater, water, and sewer infrastructure improvements and connections in
accordance with Policy OCS-7.5.
Policy OCS-7.8: Protect groundwater quality by
decommissioning existing septic systems and
establishing connections to sanitary sewer
infrastructure.
Consistent: The Project would connect to the City’s sewer system.
Goal OSC-8: Protected biological resources, especially sensitive and special status wildlife species and their natural habitats.
Policy OCS-8.2: Support local and regional efforts to
evaluate, acquire, and protect natural habitats for
sensitive, threatened, and endangered species
occurring in and around the city.
Consistent: The Project’s impacts to biological resources are evaluated in Section 4.3, Biological Resources of this Draft EIR. Where necessary, mitigation measures are
implemented to reduce impacts to less than significant
levels.
Policy OCS-8.4: Support local and regional efforts to
evaluate, acquire, and protect natural habitats for
sensitive, threatened, and endangered species
occurring in and around the city.
Item Title: 11.2
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General Plan Goals/Policies Project Consistency
Policy OCS-8.5: Recognize the impacts new
development will have on the city's natural resources
and identify ways to reduce these impacts.
Goal OSC-9: Reduced impacts to air quality at the local level by minimizing pollution and particulate matter.
Policy OCS-9.1: Meet state and federal clean air
standards by minimizing particulate matter emissions
from construction activities.
Consistent: The Project’s impacts to air quality were
evaluated in Section 4.2, Air Quality of this EIR. Where necessary, mitigation measures are implemented to
reduce impacts to less than significant levels.
Policy OCS-9.2: Buffer sensitive land uses, such as
residences, schools, care facilities, and recreation areas from major air pollutant emission sources, including
freeways, manufacturing, hazardous materials storage,
wastewater treatment, and similar uses.
Consistent: Refer to response to Goal OSC-9.1 above.
Sensitive land uses surrounding the Project consist mostly of residential uses. The nearest sensitive receptors to the Project are single-family residential buildings located approximately 90 feet (27 meters) to the north of the
Project site. Localized effects of on-site Project emissions on nearby receptors were found to be less than significant.
The LSTs represent the maximum emissions from a project that are not expected to cause or contribute to an
exceedance of the most stringent applicable state or
federal ambient air quality standard. The ambient air
quality standards establish the levels of air quality
necessary, with an adequate margin of safety, to protect public health, including protecting the health of sensitive populations. Neither the SCAQMD nor any other air
district currently have methodologies that would provide Lead Agencies and CEQA practitioners with a consistent, reliable, and meaningful analysis to correlate specific health impacts that may result from a proposed project’s mass emissions. Information on health impacts related to exposure to ozone and particulate matter emissions can
be found here: http://www.capcoa.org/health-effects/.
Policy OCS-9.3: Comply with regional, state, and federal standards and programs for control of all airborne
pollutants and noxious odors, regardless of source.
Consistent: Refer to response to Goal OSC-9.1 above.
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 proposed 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 the solid waste regulations. The Project would also be required to comply with SCAQMD Rule 402
to prevent occurrences of public nuisances.
Policy OCS-9.5: Comply with the mandatory
requirements of Title 24 Part 1 one of the California
Building Standards Code (CALGreen) and Title 24 Part 6
Building and Energy Efficiency Standards.
Consistent: Refer to response to Goal OSC-9.1 above, and refer to Section 4.2, Air Quality, Section 4.5, Energy, and Section 4.7, Greenhouse Gas Emissions for how the
Project is compliant with the mandatory requirements of Item Title: 11.2
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General Plan Goals/Policies Project Consistency
Title 24. The 2019 version of Title 24 was adopted by the CEC and became effective on January 1, 2020. It should be noted that the analysis herein assumes compliance with
the 2019 Title 24 Standards. It should be noted that the CEC anticipates that nonresidential buildings would use approximately 30 percent less energy compared to the
prior code. As such, the CalEEMod defaults for Title 24 – Electricity and Lighting Energy were reduced by 30 percent in order to reflect consistency with the 2019 Title 24
standard. The Project would use energy from SCE, which
have committed to diversify their portfolio of energy
sources by increasing energy from wind and solar sources.
No feature of the Project would interfere with
implementation of SB 350. Additionally, the Project would be designed and constructed to implement the energy
efficiency measures for new industrial developments and would include several measures designed to reduce
energy consumption. 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 January 1, 2020. Because the Project
would be constructed after January 1, 2020, the 2019
CALGreen standards are applicable to the Project and
require, among other items.
SAFETY ELEMENT
Goal S-1: A community that is minimally impacted by seismic shaking and earthquake-induced or other geologic hazards.
Policy S-1.1: Require all new habitable buildings and
structures to be designed and built to be seismically
resistant in accordance with the most recent California Building Code adopted by the City.
Consistent: The Project’s proposed buildings would be
designed in accordance with the latest California Building Code which includes, but is not limited to, seismicresistant design standards. Refer to Section 4.6, Geology and Soils for more information.
Goal S-2: A community that has used engineering solutions to reduce or eliminate the potential for injury, loss of life, property damage, and economic and social disruption caused by geologic hazards such as slope instability; compressible, collapsible, expansive or corrosive soils; and subsidence due to groundwater withdrawal.
Policy S-2.1: Require all new developments to mitigate
the geologic hazards that have the potential to impact
habitable structures and other improvements.
Consistent: Section 4.6, Geology and Soils, analyzed
existing seismic shaking and other geologic hazards and the Project’s effects on them. Project development would be required to comply with all applicable state and local design standards, regulations, goals, and policies. Refer to Section 4.6, for more information.
Policy S-2.2: Monitor the losses caused by geologic
hazards to existing development and require studies to
specifically address these issues, including the
implementation of measures designed to mitigate
these hazards, in all future developments in these areas Consistent: Refer to Section 4.6, Geology and Soils, for more information. None of the Project characteristics
would affect or influence the geotechnical hazards for offsite development and any cumulative development would be required to comply with the same applicable state and local design standards, regulations, goals, and policies. For these reasons, no significant cumulative geotechnical
impacts would occur for the Project.
Item Title: 11.2
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General Plan Goals/Policies Project Consistency
Policy S-2.3: Minimize grading and modifications to the natural topography to prevent the potential for maninduced slope failures.
Consistent: Refer to Section 4.6, Geology and Soils, for more information. No major grading or excavation would
be needed to substantially alter the slope of the site, create, or remove steep slopes, create retaining walls, or make other landform modifications. Nevertheless, grading and earthwork activities during construction would
expose soils to potential short-term erosion by wind and water. During construction, the Project site would be
required to comply with erosion and siltation control
measures.
Goal S-3: A community that is minimally disrupted by flooding and inundation hazards.
Policy S-3.1: Require that all new developments and
redevelopments in areas susceptible to flooding (such
as the 100-year floodplain and areas known to the City
to flood during intense or prolonged rainfall events)
incorporate mitigation measures designed to mitigate
flood hazards.
Consistent: The Project would develop a stormwater
management protection plan (SWPP) which includes Best
Management Practices (BMPs) that would help minimize
impacts from flooding hazards.
Goal S-4: A community that has effective fire mitigation and response measures in place, and as a result is minimally impacted by wildland and structure fires.
Policy S-4.1: Require fire-resistant building
construction materials, the use of vegetation control
methods, and other construction and fire prevention
features to reduce the hazard of wildland fire.
Consistent: Refer to Section 4.12, Public Services. The Project would include a minimum of fire safety and fire suppression features, including type of building
construction, fire sprinklers, a fire hydrant system, and paved access.
Policy S-4.4: Review development proposals for
impacts to fire facilities and compatibility with fire
areas or mitigate.
Consistent: Station 7 is approximately 2.7miles southwest of the Project site and Station 54 is approximately five miles northeast of the Project site. Stations 7 and 54 are the closest to the Project site. Based on the Project site’s proximity to two existing fire stations, the Project would be served by fire protection services from these stations.
Service response times provided by The Department of
Forestry and Fire Protection (Cal Fire) concluded that the response times from these stations currently do not meet the City’s 4-minute response time goal and therefore, fire protection services are currently inadequate to service the Project. However, payment of Development Impact Fees
(DIF) constitutes adequate mitigation because through
implementation of the DIF program, the City of Menifee
collects DIF from development projects and is mandated
to use the DIF funds to construct new fire and emergency service facilities. Additionally, the Project would be
designed in accordance with the Menifee MC’s fire safety and fire suppression features, including type of building construction, fire sprinklers, a fire hydrant system, and paved access. The proposed building would be of concrete tilt-up construction that contains a low fire hazard risk rating. Fire protection apparatus ingress and egress would be available via four driveways and the Project site’s
internal circulation (a 26-foot-wide fire lane with red curbs and signage per fire department standards) would allow
fire apparatus access around the building. Overall, the Item Title: 11.2
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General Plan Goals/Policies Project Consistency
Project would receive adequate fire protection service and would not result in adverse physical impacts. Because no fire protection facilities exist on the Project site,
development of the Project would not conflict with
existing fire structures or require modification of fire protection facilities. Compliance with applicable local and state regulations would ensure that Project
implementation would result in a less than significant
impact to fire protection services. Therefore, the Project would be consistent with Policy S-4.4.
Goal S-5: A community that has reduced the potential for hazardous materials contamination.
Policy S-5.1: Locate facilities involved in the production, use, storage, transport, or disposal of hazardous
materials away from land uses that may be adversely
impacted by such activities and areas susceptible to
impacts or damage from a natural disaster.
Consistent: Refer to Section 4.8, Hazards and Hazardous Materials. 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.
Policy S-5.4: Ensure that all facilities that handle
hazardous materials comply with federal and state laws
pertaining to the management of hazardous wastes
and materials.
Consistent: Refer to Section 4.8, Hazards and Hazardous Materials. Project construction would involve the use,
storage, transport, and disposal of hazardous materials and would therefore be required to conform to existing
laws and regulations. Compliance with applicable laws and regulations concerning hazardous materials (California
Fire Code, OSHA, Construction Safety Orders § 1529
(pertaining to ACM) and § 1532.1 (pertaining to LBP) from Title 8 of the CCR and Part 61, Subpart M, of the CFR
(pertaining to ACM), CCR Title 8 § 1529, etc.) would ensure that all potentially hazardous materials are used and
handled in an appropriate manner and would minimize
the potential for safety impacts. Therefore, hazards to the public or the environment arising from the routine
transport, use, or disposal of hazardous materials during Project construction would be less than significant. The Project 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. Department of Transportation, 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. Mandatory compliance with laws and regulations, would ensure that operational impacts would be less than significant.
Item Title: 11.2
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General Plan Goals/Policies Project Consistency
Policy S-5.5: Require facilities that handle hazardous
materials to implement mitigation measures that
reduce the risks associated with hazardous material
production, storage, and disposal.
Consistent: Refer to response above and Section 4.8,
Hazards and Hazardous Materials. Compliance with
applicable laws and regulations concerning hazardous
materials would ensure that all potentially hazardous
materials are used and handled in an appropriate manner and would minimize the potential for safety impacts.
Therefore, hazards to the public or the environment
arising from the routine transport, use, or disposal of hazardous materials during Project construction would be less than significant.
NOISE ELEMENT
Goal N-1: Noise-sensitive land uses are protected from excessive noise and vibration exposure.
Policy N-1.1: Assess the compatibility of proposed land uses with the noise environment when preparing,
revising, or reviewing development project
applications.
Consistent: The Project’s noise-related impacts were
evaluated in Section 4.11, Noise. An acoustical
assessment was prepared for this Project to determine
noise impacts associated with the Project’s proposed
short-term and long-term activities (see Appendix I).
Policy N-1.2: Require new projects to comply with the
noise standards of local, regional, and state building
code regulations, including but not limited to the city's Municipal Code, Title 24 of the California Code of
Regulations, the California Green Building Code, and
subdivision and development codes.
Consistent: The Project would comply with this policy.
Policy N-1.3: Require noise abatement measures to
enforce compliance with any applicable regulatory
mechanisms, including building codes and subdivision
and zoning regulations, and ensure that the
recommended mitigation measures are implemented.
Consistent: As applicable, the Project would implement
noise abatement measures, consistent with this policy.
Policy N-1.7: Mitigate exterior and interior noises to
the levels listed in the table below to the extent
feasible, for stationary sources adjacent to sensitive
receptors
Consistent: The Project would be required to adhere to
the stationary source noise standards set within this
policy.
Policy N-1.8: Locate new development in areas where
noise levels are appropriate for the proposed uses.
Consider federal, state, and city noise standards and
guidelines as a part of new development review.
Consistent: Refer to Section 4.11, Noise
Policy N-1.9: Limit the development of new noiseproducing uses adjacent to noise-sensitive receptors and require that new noise-producing land uses are
designed with adequate noise abatement measures.
Consistent: Refer to Section 4.11, Noise
Policy N-1.13: Require new development to minimize
vibration impacts to adjacent uses during demolition
and construction.
Consistent: Refer to Section 4.11, Noise.
Source: City of Menifee. (2013). City of Menifee General Plan. Retrieved from: https://www.cityofmenifee.us/221/General-Plan (accessed August 2023).
Consistency with City of Menifee Zoning
As stated in Section 4.10.2 above, the Project’s existing General Plan land use designation and zoning designations are both EDC-NG. The Project’s proposed land uses would be consistent with the EDC land use designation. In addition, the Project would be compliant with the City’s Zoning designation for the Item Title: 11.2
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Project site. Furthermore, the Project would also be designed consistently with all applicable planning policies and design standards set within the Menifee MC.
Overall, the Project would not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation and is anticipated to cause a less than significant impact without the need for mitigation.
Mitigation Measures
No mitigation is necessary.
4.10.6 Cumulative Impacts
For purposes of cumulative land use and planning impact analysis, cumulative impacts are considered for cumulative development according to the related projects; see Table 3-1: Cumulative Projects List. Those projects described in Table 3-1 represent past, present, and potential future projects that could lead to cumulative impacts once combined with this Project. The geographic context for the land use and planning cumulative impact analysis includes the jurisdiction of local and regional agencies including the City, County of Riverside, and SCAG.
Implementation of the Project, when considered in conjunction with other existing and planned developments listed in Table 3-1, would result in the development of warehouse uses and associated infrastructure and off-site improvements. The Project would be compatible with existing land use and zoning designations and would not conflict with applicable plans or policies. Future cumulative development, like the proposed Project, would be required to be reviewed for consistency with adopted planning documents and policies associated with the previously listed agencies, in accordance with the requirements of CEQA, the California Zoning and Planning Law, and the California Subdivision Map Act, all of which require findings of plan and policy consistency prior to approval of entitlements for development.
Overall, the cumulative impact of the Project with respect to future development will not be cumulatively considerable and is, therefore, less than significant.
4.10.7 Significant Unavoidable Impacts
No significant unavoidable impacts were identified.
4.10.8 References
City of Menifee. (2020). General Plan Community Design Element. Available at:
https://cityofmenifee.us/882/Community-Design-Element
City of Menifee. (2023). General Plan Land Use Map. Retrieved at:
https://www.cityofmenifee.us/DocumentCenter/View/11043/General-Plan--Land-Use-Map--- March-2023?bidId=
City of Menifee. (2023). Zoning Map. Retrieved at:
https://www.cityofmenifee.us/DocumentCenter/View/11042/Zoning-Map---March-2023?bidId= Item Title: 11.2
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County of Riverside. (2023). Map My County.
https://gis1.countyofriverside.us/Html5Viewer/index.html?viewer=MMC_Public_v11 SCAG. (2020). Connect SoCal. Available at: https://scag.ca.gov/sites/main/files/fileattachments/0903fconnectsocal-plan_0.pdf?1606001176 Item Title: 11.2
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4.11 NOISE
4.11.1 Introduction
The section of the Draft Environmental Impact Report (EIR) discusses potential noise impacts associated with the development and implementation of the CADO Menifee Industrial Warehouse Project (Project).
This section identifies existing conditions in the Project area and evaluates the Project’s potential to generate a substantial temporary or permanent increase in ambient noise; generate groundborne vibration or noise; or, if located in the vicinity of an airport, expose people to excessive noise levels. In the case where impacts were found to be potentially significant, mitigation will be proposed to reduce their significance. The current conditions were observed as the baseline for the analysis along with relevant federal, state, and local noise regulations.
This analysis is based primarily on the following technical report in Appendix J, Acoustical Assessment. • Kimley-Horn and Associates. (2024). Acoustical Assessment.
Sound and Environmental Noise
Acoustics is the science of sound. Sound can be described as the mechanical energy of a vibrating object transmitted by pressure waves through a medium (e.g., air) to human (or animal) ear. If the pressure variations occur frequently enough (at least 20 times per second), they can be heard and are called sound.
The number of pressure variations per second is called the frequency of sound and is expressed as cycles per second, or hertz (Hz).
Noise is defined as loud, unexpected, or annoying sound. In acoustics, the fundamental model consists of a noise source, a receptor, and the propagation path between the two. The loudness of the noise source, obstructions, or atmospheric factors affecting the propagation path, determine the perceived sound level and noise characteristics at the receptor. Acoustics deal primarily with the propagation and control of sound. A typical noise environment consists of a base of steady background noise that is the sum of many distant and indistinguishable noise sources. Superimposed on this background noise is the sound from individual local sources. These sources can vary from an occasional aircraft or train passing by to continuous noise from traffic on a major highway. Perceptions of sound and noise are highly subjective from person to person.
Measuring sound directly in terms of pressure would require a large range of numbers. To avoid this, the decibel (dB) scale was devised. The dB scale uses the hearing threshold of 20 micropascals (µPa) as a point of reference, defined as 0 dB. Other sound pressures are then compared to this reference pressure, and the logarithm is taken to keep the numbers in a practical range. The dB scale allows a million-fold increase in pressure to be expressed as 120 dB, and changes in levels correspond closely to human perception of relative loudness. Table 4.11-1, Typical Noise Levels provides typical noise levels.
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Table 4.11-1: Typical Noise Levels
Common Outdoor Activities Noise Level (dBA) Common Indoor Activities – 110 – Rock Band
Jet fly-over at 1,000 feet
– 100 –
Gas lawnmower at 3 feet
– 90 –
Diesel truck at 50 feet at 50 miles per hour Food blender at 3 feet – 80 – Garbage disposal at 3 feet
Noisy urban area, daytime
Gas lawnmower, 100 feet – 70 – Vacuum cleaner at 10 feet Commercial area Normal Speech at 3 feet
Heavy traffic at 300 feet – 60 –
Large business office
Quiet urban daytime – 50 – Dishwasher in next room
Quiet urban nighttime – 40 – Theater, large conference room (background) Quiet suburban nighttime
– 30 – Library
Quiet rural nighttime Bedroom at night, concert hall (background) – 20 –
Broadcast/recording studio
– 10 –
Lowest threshold of human hearing – 0 – Lowest threshold of human hearing Source: Kimley-Horn and Associates. (2022). Acoustical Assessment. Page 6 - Table 1 Noise Descriptors
The dB scale alone does not adequately characterize how humans perceive noise. The dominant frequencies of a sound have a substantial effect on the human response to that sound. Several rating scales have been developed to analyze the adverse effect of community noise on people. Because environmental noise fluctuates over time, these scales consider that the effect of noise on people is largely dependent on the total acoustical energy content of the noise, as well as the time of day when the noise occurs. The equivalent noise level (Leq) represents the continuous sound pressure level over the measurement period, while the day-night noise level (Ldn) and Community Equivalent Noise Level (CNEL) are measures of energy average during a 24-hour period, with dB weighted sound levels from 7:00 p.m. to 7:00 a.m. Most commonly, environmental sounds are described in terms of Leq that has the same acoustical energy as the summation of all the time-varying events. Each is applicable to this analysis and defined in Table 4.11-2, Definitions of Acoustical Terms.
Table 4.11-2: Definitions of Acoustical Terms.
Term Definitions
Decibel (dB) A unit describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure. The reference pressure for air is 20.
Sound Pressure Level Sound pressure is the sound force per unit area, usually expressed in µPa (or 20 micronewtons per square meter), where 1 pascals is the pressure resulting from a force of 1 newton exerted over an area of 1 square meter. The sound pressure level is expressed in dB as 20 times the logarithm to the base 10 of the ratio between the pressures exerted by the sound to a reference sound pressure (e.g., 20 µPa). Sound pressure level is the quantity that is directly measured by a sound level meter.
Frequency (Hz) The number of complete pressure fluctuations per second above and below atmospheric pressure. Normal human hearing is between 20 Hz and 20,000 Hz. Infrasonic sound are below 20 Hz and ultrasonic sounds are above 20,000 Hz.
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Term Definitions
A-Weighted Sound Level (dBA) The sound pressure level in dB is measured on a sound level meter using the A-weighting filter network. The A-weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the frequency response of the human ear and correlates well with subjective reactions to noise.
Equivalent Noise Level (Leq) The average acoustic energy content of noise for a stated period of time. Thus, the Leq of a time-varying noise and that of a steady noise are the same if they deliver the same acoustic energy to the ear during exposure. For evaluating community impacts, this rating scale does not vary, regardless of whether the noise occurs during the day or the night.
Maximum Noise Level (Lmax)
Minimum Noise Level (Lmin)
The maximum and minimum dBA during the measurement period.
Exceeded Noise Levels
(L01, L10, L50, L90)
The dBA values that are exceeded 1%, 10%, 50%, and 90% of the time during the measurement period.
Day-Night Noise Level (Ldn) A 24-hour average Leq with a 10 dBA weighting added to noise during the hours of 10:00 p.m. to 7:00 a.m. to account for noise sensitivity at nighttime. The logarithmic effect of these additions is that a 60 dBA 24-hour Leq would result in a measurement of 66.4 dBA Ldn.
Community Noise Equivalent
Level (CNEL)
A 24-hour average Leq with a 5 dBA weighting during the hours of 7:00 a.m. to 10:00 a.m. and a 10 dBA weighting added to noise during the hours of 10:00 p.m. to 7:00 a.m. to account for noise sensitivity in the evening and nighttime, respectively. The logarithmic effect of these additions is that a 60 dBA 24-hour Leq would result in a measurement of 66.7 dBA CNEL.
Ambient Noise Level The composite of noise from all sources near and far. The normal or existing level of environmental noise at a given location.
Intrusive That noise which intrudes over and above the existing ambient noise at a given location.
The relative intrusiveness of a sound depends on its amplitude, duration, frequency, and time of occurrence and tonal or informational content as well as the prevailing ambient noise level.
Source: Kimley-Horn and Associates. (2022). Acoustical Assessment. Page 7 - Table 2 The dBA sound level scale gives greater weight to the frequencies of sound to which the human ear is most sensitive. Because sound levels can vary markedly over a short period of time, a method for describing either the average character of the sound or the statistical behavior of the variations must be utilized. Most commonly, environmental sounds are described in terms of an average level that has the same acoustical energy as the summation of all the time-varying events.
The scientific instrument used to measure noise is the sound level meter. Sound level meters can accurately measure environmental noise levels to within about plus or minus 1 dBA. Various computer models are used to predict environmental noise levels from sources, such as roadways and airports. The accuracy of the predicted models depends on the distance between the receptor and the noise source.