CEQA Guidelines, Section 15126(b), requires a description of any significant environmental effects that cannot be avoided if the Project is implemented.
6.1 AESTHETICS
No impacts were concluded to be significant and unavoidable.
6.2 AGRICULTURE AND FORESTRY RESOURCES
No impacts were concluded to be significant and unavoidable.
6.3 AIR QUALITY
No impacts were concluded to be significant and unavoidable.
6.4 BIOLOGICAL RESOURCES
No impacts were concluded to be significant and unavoidable.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 641
Menifee Mayor and City Council November 20, 2024 Page 1487 of 2294 CADO Menifee Industrial Warehouse Project
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations City of Menifee August 2024
52 6.5 CULTURAL RESOURCES
No impacts were concluded to be significant and unavoidable.
6.6 ENERGY
No impacts were concluded to be significant and unavoidable.
6.7 GEOLOGY AND SOILS
No impacts were concluded to be significant and unavoidable.
6.8 GREENHOUSE GAS EMISSIONS
Impact 4.7-1: Significant and Unavoidable Impact
The Project would result in the generation of approximately 1,767 MTCO2e throughout the course of construction. Construction GHG emissions are typically summed and amortized over a 30-year period and then added to the operational emissions. The Project’s amortized construction emissions would be 59 MTCO2e per year. Once construction is complete, the generation of these GHG emissions would cease.
GHG emissions associated with the Project are summarized in Draft EIR Table 4.7-3: Project Greenhouse Gas Emissions. (Draft EIR, pp. 4.7-22 and 4.7-23) As shown in Draft EIR Table 4.7-3, the Project’s unmitigated emissions would be approximately 7,023 MTCO2e annually from both construction and operations and would exceed the SCAQMD 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.
Accordingly, the Project would be required to comply with several Plans, Programs, and Policies (PPP)-1 through PPP-8 and implement MMs GHG-1 through GHG-7 and MM AQ-3 to reduce operational GHG emissions. (Draft EIR, p. 4.7-24) As shown in Draft EIR Table 4.7-3, implementation of MMs and compliance PPPs 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.
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 of Menifee. Thus, the purchase of offset credits is not a feasible mitigation measure to reduce the emissions impact of the Project. Therefore, despite the incorporation of all feasible mitigation, the remaining mobile emissions from the Project cannot feasibly be mitigated because neither the Project applicant nor the City has the regulatory authority to control tailpipe emissions. Since mitigated future mobile source emissions exceed the 3,000 MTCO2e threshold and no additional feasible mitigation beyond MMs AQ-2 through AQ-5 and MMs GHG-1 through Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 642
Menifee Mayor and City Council November 20, 2024 Page 1488 of 2294 CADO Menifee Industrial Warehouse Project
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations City of Menifee August 2024
53 GHG-7 are available to further reduce emissions, this impact remains significant and unavoidable. (Draft EIR, pp. 4.7-21 through 4.7-27)
Mitigation Measures: Based upon the analysis presented in Section 4.2: Air Quality, and Section 4.7, Greenhouse Gas Emissions of the Draft EIR, which is incorporated herein by reference, MMs AQ-2 through AQ-5, listed above, are feasible and are made binding through the MMRP. Imposition of these mitigation measures will not reduce potentially significant greenhouse gas emissions impacts to less than significant.
As such, the impact remains significant and unavoidable. Additionally, the following mitigation measures apply:
MM GHG-1 Prior to issuance of tenant occupancy permits, the Project 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 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 Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 643
Menifee Mayor and City Council November 20, 2024 Page 1489 of 2294 CADO Menifee Industrial Warehouse Project
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations City of Menifee August 2024
54 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 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.
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.
Supportive Evidence: Please refer to Draft EIR pages 4.7-21 through 4.7-27.
Impact 4.7-2: Significant and Unavoidable Impact
As shown in Section 4.7: Greenhouse Gas Emissions, the Project does not conflict with the applicable plans that are discussed above, and therefore, with respect to this particular threshold, the Project does not have a significant impact. However, despite plan consistency, the Project’s long-term operational GHG emissions would exceed the 3,000 MTCO2e per year threshold despite the implementation of MMs AQ-2 through AQ-5 and MMs GHG-1 through 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 Project.
Mitigation Measures: Based upon the analysis presented in Section 4.2, Air Quality, and Section 4.7, Greenhouse Gas Emissions of the Draft EIR, which is incorporated herein by reference, MMs AQ-2 through AQ-5, and GHG-1 through GHG-7 listed above, are feasible and are made binding through the MMRP.
Imposition of these mitigation measures will not reduce potentially significant impacts to less than Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 644
Menifee Mayor and City Council November 20, 2024 Page 1490 of 2294 CADO Menifee Industrial Warehouse Project
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations City of Menifee August 2024
55 significant with respect to greenhouse gas emissions. As such, the impact remains significant and unavoidable. (Draft EIR, 4.7-27 through 4.7-31)
Supportive Evidence: Please refer to Draft EIR pages 4.7-27 through 4.7-31.
6.9 HAZARDS AND HAZARDOUS MATERIALS
No impacts were concluded to be significant and unavoidable.
6.10 HYDROLOGY AND WATER QUALITY
No impacts were concluded to be significant and unavoidable.
6.11 LAND USE AND PLANNING
No impacts were concluded to be significant and unavoidable.
6.12 MINERAL RESOURCES
No impacts were concluded to be significant and unavoidable.
6.13 NOISE
No impacts were concluded to be significant and unavoidable.
6.14 POPULATION AND HOUSING
No impacts were concluded to be significant and unavoidable.
6.15 PUBLIC SERVICES
No impacts were concluded to be significant and unavoidable.
6.16 RECREATION
No impacts were concluded to be significant and unavoidable.
6.17 TRANSPORTATION
No impacts were concluded to be significant and unavoidable.
6.18 TRIBAL CULTURAL RESOURCES
No impacts were concluded to be significant and unavoidable.
6.19 UTILITIES AND SERVICE SYSTEMS
No impacts were concluded to be significant and unavoidable.
6.20 WILDFIRE
No impacts were concluded to be significant and unavoidable.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 645
Menifee Mayor and City Council November 20, 2024 Page 1491 of 2294 CADO Menifee Industrial Warehouse Project
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations City of Menifee August 2024
56 7.0 FINDINGS REGARDING GROWTH INDUCING IMPACTS
CEQA Guidelines Section 15126.2(d) requires that an EIR:
“Discuss the ways in which the proposed project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment.”
Under State CEQA Guidelines section 15126.2(e), a project would be considered to have a growthinducing effect if it would result in any of the following effects:
• Directly or indirectly foster economic or population growth, or the construction of additional housing in the surrounding environment;
• Remove obstacles to population growth (e.g., construction of an infrastructure expansion to allow for more construction in service areas);
• Increases in the population that may tax existing community service facilities, requiring construction of new facilities that could cause significant environmental effects.; or • Encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively.
Here, the Project would not result in significant growth-inducing impacts.
First, the Project would not directly foster population growth as the Project does not involve the construction of residential uses. The Project would generate employment, but the four percent unemployment rate in Riverside County (as of October 2022) suggests that there is a need for local employment opportunities which are anticipated to be filled by people living in the City, surrounding cities, and unincorporated Riverside County. The estimated number of employees for the Project site is 860 to operate the warehouse.1Furthermore, the Project site is served by existing public roadways, and utility infrastructure would be installed beneath the public rights-of-way that abut the Project site. As a result, the Project would not be anticipated to induce substantial population growth in the Project area. (Draft EIR, p. 5-5)
Second, the Project would not remove obstacles to population growth. The Project’s development is localized to the Project site. The construction of the new infrastructure would not amend the land uses or increase density on the parcels adjacent to the Project site. Additionally, the existing residential manufactured homes are proposed to be demolished. The demolition of these structures would induce population growth since they would be replaced with the proposed warehouse facilities consistent with the existing and proposed land use and zoning designations. The Project would be an allowed and expected use within these land use zones and would therefore not create or remove an obstacle for growth. While the development of the Project would involve the expansion and updating of utility facilities such as electricity and water connections and the improvement of existing roadways, these improvements would serve the existing residences and businesses in the City and would improve services to the Project facilities 1 The Project socio-economic daSAAAta was based on median factors for Riverside County from the SCAG Employment Density Survey (October 31, 2001). The SCAG Study recommends a factor of 819 square feet per employee for warehousing uses and 598 square feet per employee for office uses.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 646
Menifee Mayor and City Council November 20, 2024 Page 1492 of 2294 CADO Menifee Industrial Warehouse Project
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations City of Menifee August 2024
57 and City connectivity. Substantial upgrades to the roadway system outside of the general Project area, which would promote further development, are not included as components of the Project. All infrastructure improvements associated with the Project are required of the Project itself, and do not contemplate future development in the area. All future projects in the general area would be subject to providing improvements to serve each project, as necessary. (Draft EIR, pp. 5-5 and 5-6) Third, the Project would not tax existing community service facilities nor require the construction of new or expanded facilities that could cause significant environmental effects. The Project site is predominately vacant with legal nonconforming residential uses, which are subject to demolition. These uses required utility and infrastructure improvements in order to function. The Project would include infrastructure improvements and connections to allow for the efficient use of resources such as natural gas, electricity, and water. Improvements to the Project adjacent streets would also include underground dry utility facilities (e.g., cable, electric, telephone, natural gas, television and fiber optics) along the Project’s frontage streets. The environmental impacts associated with the facility improvements associated with the Project have been analyzed throughout the Draft EIR. In cases where Project design features did not minimize significant impacts, mitigation measures have been implemented that would reduce potential impacts related to Project development to less than significant levels, with the exception of impacts associated with greenhouse gas emissions, which would remain significant and unavoidable. Furthermore, the Project would not require the expansion of utility facilities such as water treatment plants or landfills. (Draft EIR, p. 5-6)
Finally, the Project would not encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively. The Project would not encourage or facilitate other development such as the construction of new housing or other developments that could potentially have a significant effect on the environment. (Draft EIR, p. 5-6) Finding – The City adopts CEQA Finding 1.
The City hereby finds that the Project does not directly result in any significant growth-inducing impacts.
The Project involves the creation of opportunities for industrial development.
Supportive Evidence – Please refer to Draft EIR pages 5-5 through 5-6.
8.0 FINDINGS REGARDING PROJECT ALTERNATIVES
The following alternatives were addressed in the Draft EIR:
1) The No Project Alternative
2) Reduced Square Feet on Two Buildings Alternative
8.1 NO PROJECT ALTERNATIVE (ALTERNATIVE 1)
Description: State CEQA Guidelines Section 15126.6, requires an evaluation of the “No Project” alternative for decision-makers to compare the impacts of approving a project with the impacts of not approving it.
Alternative 1: No Project Alternative (Alternative 1) assumes that the Project site would not be developed, Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 647
Menifee Mayor and City Council November 20, 2024 Page 1493 of 2294 CADO Menifee Industrial Warehouse Project
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations City of Menifee August 2024
58 which means there would be no warehousing facilities, landscape improvements, or surface lot improvements developed on the Project site or off-site, including street improvements.
Although this alternative assumes “No Development” (as required by CEQA), this is considered a speculative assumption as the land is assumed to remain in private ownership (as there are no offers to purchase the land for public open space use). It is more likely that, eventually, the land would be developed with some form of industrial development in keeping with the City’s General Plan land use, Economic Development Corridor – Northern Gateway, and zoning designations.
Finding – The City adopts Finding 3.
The City finds that Alternative 1 would not meet any of the Project objectives, as identified above as the Project site would remain in its existing condition. The Project site would not provide employment opportunities, would not facilitate the movement of goods, would not develop an industrial project/warehouse facility that is Class A and that would attract high-end tenants to increase the City’s tax base.
Supporting Evidence – Please see Draft EIR Pages 6-5 through 6-10.
8.2 REDUCED SQUARE FEET ON TWO BUILDINGS (ALTERNATIVE 2) Description: Alternative 2 assumes the construction of two smaller warehouse buildings totaling approximately 595,031 SF of building space on the same 40.3-acres of land. Each of the two warehouse buildings would be approximately 297,515 SF. Compared to the Project, the total warehouse building space in Alternative 2 would be overall approximately 105,000 SF smaller or (15% smaller) than the Project.
Finding – The City adopts Finding 3.
The City finds that Alternative 2 would likely lead to reduced impacts in air quality, energy, greenhouse gas emissions, transportation, and utilities and service systems. The two smaller buildings would still be consistent with land use designations for the Project site. Utility demand would be decreased due to the smaller building sizes as well, along with the associated fire hazards.
However, Alternative 2 would not significantly mitigate GHG emissions to a less than significant level as emissions would be well in excess of the significance threshold. Also, Alternative 2 does not meet Project Objectives 4,5,6,7 and 10.
Supporting Evidence – Please see Draft EIR Pages 6-10 through 6-16.
9.0 FINDINGS REGARDING THE MITIGATION MONITORING AND
REPORTING PROGRAM
Section 21081.6 of the Public Resources Code requires that when making findings required by Section 21081(a) of the Public Resources Code, the Lead Agency approving a project shall adopt a reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval, in order to ensure compliance with project implementation and to mitigate or avoid significant effects on the environment. The City hereby finds that:
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 648
Menifee Mayor and City Council November 20, 2024 Page 1494 of 2294 CADO Menifee Industrial Warehouse Project
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations City of Menifee August 2024
59 1) A Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the Project, and the mitigation measures therein. The MMRP is incorporated herein by reference and is considered part of the record of proceedings for the Project. 2) The MMRP designates responsibility for implementation and monitoring of proposed mitigation measures. The City’s Community Development Director will serve as the overall MMRP coordinator and will be primarily responsible for ensuring that all mitigation measures are complied with.
3) The MMRP prepared for the Project has been adopted concurrently with these Findings. The MMRP meets the requirements of Section 21021.6 of the Public Resources Code. The City will use the MMRP to track compliance with mitigation measures. The MMRP will remain available for public review during the compliance period.
10.0 OTHER FINDINGS
The City hereby finds as follows:
1) The foregoing statements are true and correct;
2) The City is the “Lead Agency” for the Project evaluated in the CEQA Documents and independently reviewed and analyzed in the Draft EIR and Final EIR for the Project; 3) The Notice of Preparation of the Draft EIR was circulated for public review. It requested that responsible agencies respond as to the scope and content of the environmental information germane to that agency’s specific responsibilities;
4) The public review period for the Draft EIR was for 45 days between March 13, 2024, and April 27, 2024. The Draft EIR and appendices were available for public review during that time.
A Notice of Completion and copies of the Draft EIR were sent to the State Clearinghouse, and notices of availability of the Draft EIR were published by the City. The Draft EIR was available for review on the City’s website. Physical copies of the environmental documents are available at the City of Menifee Community Development Department, Sun City Library, and the Menifee Library;
5) The CEQA Documents were completed in compliance with CEQA; 6) The CEQA Documents reflect the City’s independent judgment; 7) The City evaluated comments on environmental issues received from persons who reviewed the Draft EIR. In accordance with CEQA, the City prepared written responses describing the disposition of significant environmental issues raised. The Final EIR provided adequate, good faith and reasoned responses to the comments. The City reviewed the comments received and responses thereto and has determined that neither the comments received nor the responses to such comments add significant new information to the Draft EIR regarding adverse environmental impacts. The City has based its actions on full appraisal of all viewpoints, including all comments received up to the date of adoption of these Findings, concerning the environmental impacts identified and analyzed in the Final EIR; Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 649
Menifee Mayor and City Council November 20, 2024 Page 1495 of 2294 CADO Menifee Industrial Warehouse Project
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations City of Menifee August 2024
60 8) The City finds that the CEQA Documents, as amended, provide objective information to assist the decision-makers and the public at large in their consideration of the environmental consequences of the Project. The public review period provided all interested jurisdictions, agencies, private organizations, and individuals the opportunity to submit all comments made during the public review period;
9) The CEQA Documents evaluated the following impacts: (1) aesthetics; (2) agriculture and forestry; (3) air quality; (4) biological resources; (5) cultural resources; (6) energy; (7) geology and soils; (8) greenhouse gas emissions; (9) hazards and hazardous materials; (10) hydrology and water quality; (11) land use and planning; (12) mineral resources; (13) noise; (14) population and housing; (15) public services; (16) recreation; (17) transportation and circulation; (18) tribal cultural resources; (19) utilities and service systems; (20) wildfire. Additionally, the CEQA Documents considered, in separate sections, significant irreversible environmental changes and growth-inducing impacts of the Project as well as a reasonable range of project alternatives. All of the significant environmental impacts of the Project were identified in the CEQA Documents; 10) The MMRP includes all of the mitigation measures identified in the CEQA Documents and has been designed to ensure compliance during implementation of the Project. The MMRP provides the steps necessary to ensure that the mitigation measures are fully enforceable; 11) The MMRP designates responsibility and anticipated timing for the implementation of mitigation; the City’s Community Development Director will serve as the MMRP Coordinator;
12) In determining whether the Project may have a significant impact on the environment, and in adopting these Findings pursuant to Section 21081 of CEQA, the City has complied with CEQA Sections 21081.5 and 21082.2;
13) The impacts of the Project have been analyzed to the extent feasible at the time of certification of the CEQA Documents;
14) The City made no decisions related to approval of the Project prior to the initial recommendation of certification of the CEQA Documents. The City also did not commit to a definite course of action with respect to the Project prior to the initial consideration of the CEQA Documents.
15) Copies of all the documents incorporated by reference in the CEQA Documents are and have been available upon request at all times at the offices of the City of Menifee Community Development Department, the custodian of record for such documents or other materials; 16) The responses to the comments on the Draft EIR, which are contained in the Final EIR, clarify and amplify the analysis in the Draft EIR;
17) Having reviewed the information contained in the CEQA Documents and in the administrative record, the City finds that there is no new significant information regarding adverse environmental impacts of the Project in the Final EIR; and Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 650
Menifee Mayor and City Council November 20, 2024 Page 1496 of 2294 CADO Menifee Industrial Warehouse Project
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations City of Menifee August 2024
61 18) Having received, reviewed and considered all information in the CEQA Documents, as well as all other information in the record of proceedings on this matter, these Findings are hereby adopted by the City in its capacity as the CEQA Lead Agency.
11.0 STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to Public Resources Code Section 21081(b), and CEQA Guidelines Section15093(a) and (b), the decision-making agency is required to balance, as applicable, the economic, legal, social, technological, or other benefits of the project against its unavoidable environmental risks when determining whether to approve a project. If the specific economic, legal, social, technological, or other benefits of the project outweigh the unavoidable adverse environmental effects, those effects may be considered “acceptable” (14 C.C.R. § 15093 (a)). CEQA requires the agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are not avoided or substantially lessened. Those reasons must be based on substantial evidence in the FEIR or elsewhere in the administrative record (14 C.C.R. § 15093(b)).
Courts have upheld overriding considerations that were based on a variety of policy considerations including, but not limited to, new jobs, stronger tax base, and implementation of an agency’s economic development goals, growth management policies, redevelopment plans, the need for housing and employment, conformity to community plan, and provision of construction jobs; see Towards Responsibility in Planning v. City Council (1988) 200 Cal App. 3d 671; Dusek v. Redevelopment Agency (1985) 173 Cal App. 3d 1029; City of Poway v City of San Diego (1984) 155 Cal App. 3d 1037; and Markley v. City Council (1982) 131 Cal App.3d 656.
The City finds that all feasible mitigation measures identified in the Final EIR that are within the purview of the City would be implemented with the Project, and that the mitigation measures that may be within another agency’s discretion have been, or can and should be, adopted by that other agency.
In accordance with the requirements of CEQA and the CEQA Guidelines, the City finds that the mitigation measures identified in the Final EIR and the Mitigation Monitoring and Reporting Program (MMRP), when implemented, would avoid, or substantially lessen all of the significant effects identified in the Final EIR for the CADO Menifee Industrial Warehouse Project (Project). However, certain significant impacts of the Project are unavoidable even after incorporation of all feasible mitigation measures. These significant unavoidable impacts would result from greenhouse gas emissions which the Project’s operational mitigated mobile source emissions would continue to exceed the SCAQMD MTCO2e threshold and even with MM AQ-2 through AQ-3 5in Section 4.2: Air Quality and MMs GHG-1 through GHG-7 in Section 4.7:
Greenhouse Gas Emissions, a significant impact would remain.
The City finds that all feasible mitigation measures identified in the Final EIR that are within the purview of the City would be implemented with the Project. As identified below, the City further finds that the remaining significant unavoidable effects are outweighed and are found to be acceptable due to the following specific overriding economic, legal, social, technological, or other benefits, based upon the facts set forth above, the Final EIR, and the record.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 651
Menifee Mayor and City Council November 20, 2024 Page 1497 of 2294 CADO Menifee Industrial Warehouse Project
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations City of Menifee August 2024
62 The City finds that any one of the benefits set forth below is sufficient by itself to warrant approval of the Project. This determination is based on the findings herein and the evidence in the record. Having balanced the unavoidable adverse environmental impacts against each of the benefits, the City hereby adopts this Statement of Overriding Considerations for the following reasons:
1. All feasible mitigation measures have been imposed to lessen Project impacts to less than significant levels; furthermore, alternatives to the Project are infeasible because while they have similar or less environmental impacts, they do not provide the economic benefits of the Project, or are otherwise socially or economically infeasible when compared to the Project, as described in the Statement of Facts and Findings.
2. The Project is consistent with and will contribute to achieving the goals and objectives established by the General Plan. Implementing the City’s General Plan as a policy is a legal and social prerogative of the City. The Project would be consistent with the following General Plan Goals and Policies through the implementation of PDFs and Mitigation Measures.
3. Create employment-generating opportunities for the citizens of the City of Menifee and surrounding communities through construction and operation of the Project’s industrial uses.
Additional employment (estimated to be up to 860 jobs) will improve the jobs-housing balance.
4. Attract businesses that can expedite the delivery of essential goods to consumers and businesses in the City of Menifee and surrounding communities.
5. Increase in property taxes through the development of underutilized parcels, payment of DIFs, Transportation Uniform Mitigation Fees (TUMF), and fair share fees, investment in regional road and flood infrastructure spurring growth leading to increased economic output and permanent City jobs. The sales tax revenues generated on behalf of the City by the local employees within the Project site would represent a boost to the economy.
6. Facilitate the development of underutilized land currently planned for industrial uses that maximize the use of the site and respond to regional market demand.
7. Develop and operate a project that will attract quality tenants and will be competitive with other approved or proposed similar regional facilities.
Goals and policies from the Circulation Element applicable to the Project include:
Goal C-1: A roadway network that meets the circulation needs of all residents, employees, and visitors to the City of Menifee.
Policy C-1.1: Require roadways to:
i. Comply with federal, state, and local design and safety standards. ii. Meet the needs of multiple transportation modes and users. iii. Be compatible with the streetscape and surrounding land uses. iv. Be maintained in accordance with best practices.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 652
Menifee Mayor and City Council November 20, 2024 Page 1498 of 2294 CADO Menifee Industrial Warehouse Project
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations City of Menifee August 2024
63 Policy C-1.5: Minimize idling times and vehicle miles traveled to conserve resources, protect air quality, and limit greenhouse gas emissions.
Goal C-2: A bikeway and community pedestrian network that facilitates and encourages nonmotorized travel throughout the City of Menifee.
Policy C-2.1: 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.
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 noisesensitive land uses.
Policy C-5.3: Support efforts to reduce/eliminate the negative environmental impacts of goods movement.
Goals and policies from the Community Design Element applicable to the Project include:
Goal CD-3: Projects, developments, and public spaces that visually enhance the character of the community and are appropriately buffered from dissimilar land uses so that differences in type and intensity do not conflict.
Policy CD-3.3: Minimize visual impacts of public and private facilities and support structures through sensitive site design and construction. This includes but is not limited to appropriate placement of facilities; undergrounding, where possible; and aesthetic design (e.g., cell tower stealthing).
Policy CD-3.5: Design parking lots and structures to be functionally and visually integrated and connected; off-street parking lots should not dominate the street scene.
Policy CD-3.8: Design retention/detention basins to be visually attractive and well-integrated with any associated project and with adjacent land uses.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 653
Menifee Mayor and City Council November 20, 2024 Page 1499 of 2294 CADO Menifee Industrial Warehouse Project
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations City of Menifee August 2024
64 Policy CD-3.9: Utilize Crime Prevention through Environmental Design (CPTED) techniques and defensible space design concepts to enhance community safety.
Policy CD-3.10: Employ design strategies and building materials that evoke a sense of quality and permanence.
Policy CD-3.14: Provide variations in color, texture, materials, articulation, and architectural treatments. Avoid long expanses of blank, monotonous walls or fences.
Policy CD-3.15: Require property owners to maintain structures and landscaping to high standards of design, health, and safety.
Policy CD-3.16: Avoid use of long, blank walls in industrial developments by breaking them up with vertical and horizontal façade articulation achieved through stamping, colors, materials, modulation, and landscaping.
Policy CD-3.17: Encourage the use of creative landscape design to create visual interest and reduce conflicts between different land uses.
Policy CD-3.19: Design walls and fences that are well integrated in style with adjacent structures and terrain and utilize landscaping and vegetation materials to soften their appearance.
Policy CD-3.20: Avoid the blocking of public views by solid walls.
Goal CD-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.
Policy CD-5.6: Orient building entrance toward the street and provide parking in the rear, when possible.
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.
Goal CD-6: Attractive landscaping, lighting, and signage that conveys a positive image of the community.
Policy CD-6.3: Require property owners to maintain the existing landscape on developed nonresidential sites and replace unhealthy or dead landscaping.
Policy CD-6.4: Require that lighting and fixtures be integrated with the design and layout of a project and that they provide a desirable level of security and illumination.
Policy CD-6.5: Limit light leakage and spillage that may interfere with the operations of the Palomar Observatory.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 654
Menifee Mayor and City Council November 20, 2024 Page 1500 of 2294 CADO Menifee Industrial Warehouse Project
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations City of Menifee August 2024
65 Goals and policies from the Open Space and 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.
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-5.3: 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, 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.
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.
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.
Policy OCS-7.2: Encourage water conservation as a means of preserving 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.
Policy OCS-7.8: Protect groundwater quality by decommissioning existing septic systems and establishing connections to sanitary sewer infrastructure.
Goal OSC-8: Protected biological resources, especially sensitive and special status wildlife species and their natural habitats.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 655
Menifee Mayor and City Council November 20, 2024 Page 1501 of 2294 CADO Menifee Industrial Warehouse Project
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations City of Menifee August 2024
66 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.
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.
Policy OCS-9.2: Buffer sensitive land uses, such as residences, schools, care facilities, and recreation areas from major air pollutant emission sources, including freeways, manufacturing, hazardous materials storage, wastewater treatment, and similar uses.
Policy OCS-9.3: Comply with regional, state, and federal standards and programs for control of all airborne pollutants and noxious odors, regardless of source.
Policy OCS-9.5: Comply with the mandatory requirements of Title 24 Part 1 of the California Building Standards Code (CALGreen) and Title 24 Part 6 Building and Energy Efficiency Standards.
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.
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 Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 656
Menifee Mayor and City Council November 20, 2024 Page 1502 of 2294 CADO Menifee Industrial Warehouse Project
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations City of Menifee August 2024
67 intense or prolonged rainfall events) incorporate mitigation measures designed to mitigate flood 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.
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.
Goals and policies from the Land Use Element applicable to the Project include:
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.
Policy LU-1.4: Preserve, protect, and enhance established rural, estate, and residential neighborhoods by providing sensitive and well-designed transitions (building design, landscape, etc.) between these neighborhoods and adjoining areas.
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.
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.
Goal LU-3: A full range of public utilities and related services that provide for the immediate and long-term needs of the community.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 657
Menifee Mayor and City Council November 20, 2024 Page 1503 of 2294 CADO Menifee Industrial Warehouse Project
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations City of Menifee August 2024
68 Policy LU-3.3: Coordinate public infrastructure improvements through the City’s Capital Improvement Program.
Policy LU-3.4: Require that approval of new development be contingent upon the project's ability to secure appropriate infrastructure services.
Policy LU-3.5: Facilitate the shared use of right-of-way, transmission corridors, and other appropriate measures to minimize the visual impact of utilities infrastructure throughout Menifee.
Policy LU-3.6: Locate site entries and storage bays 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.
Goal LU-4: Ensure development is consistent with the Riverside County Airport Land Use Compatibility Plan.
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).
Policy LU-4.2: Ensure that development proposals within the March Air Reserve Base and Perris Valley Airport areas of influence fully comply with the permit procedures specified in Federal and State law, with the referral requirements of the Airport Land Use Commission (ALUC), and with the conditions of approval imposed or recommended by the Federal Aviation Administration and ALUC, such as land use compatibility criteria, including density, intensity, and coverage standards. This requirement is in addition to all other City development review requirements.
Goals and policies from the Community Design Element applicable to the Project include:
Goal N-1: Noise-sensitive land uses are protected from excessive noise and vibration exposure.
Policy N-1.1: Assess the compatibility of proposed land uses with the noise environment when preparing, revising, or reviewing development project applications.
Policy N-1.2: Require new projects to comply with the noise standards of local, regional, and state building code regulations, including but not limited to the city's Municipal Code, Title 24 of the California Code of Regulations, the California Green Building Code, and subdivision and development codes.
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.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 658
Menifee Mayor and City Council November 20, 2024 Page 1504 of 2294 CADO Menifee Industrial Warehouse Project
Final Environmental Impact Report Findings of Fact and Statement of Overriding Considerations City of Menifee August 2024
69 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:
Land Use (Residential) Interior Standards Exterior Standards 10 p.m. – 7 a.m. 40 Leq (10 minute) 45 Leq (10 minute)
7 a.m. – 10 p.m. 55 Leq (10 minute) 65 Leq (10 minute)
Policy N-1.8: Locate new development in areas where noise levels are appropriate for the proposed uses. Consider federal, state, and city noise standards and guidelines as a part of new development review.
Policy N-1.9: Limit the development of new noise-producing uses adjacent to noise-sensitive receptors and require that new noise-producing land are designed with adequate noise abatement measures.
Policy N-1.13: Require new development to minimize vibration impacts to adjacent uses during demolition and construction.
Although significant impacts will remain, the City will mitigate any significant adverse impacts to greenhouse gas emissions to the maximum extent practicable. In its decision to approve the Project, the Planning Commission has considered the Project benefits to outweigh the environmental impacts.
12.0 CERTIFICATION OF THE FINAL EIR
The Planning Commission certifies that the Final EIR was prepared in compliance with CEQA and the CEQA Guidelines and that the Planning Commission has complied with CEQA’s procedural and substantive requirements.
The Planning Commission further certifies that it has reviewed and considered the EIR in evaluation of the Project and that the EIR reflects the independent judgment and analysis of the Planning Commission. The Planning Commission further finds that no new significant information as defined by CEQA Guidelines Section 15088.5, has been received by the Planning Commission after the circulation of the Draft EIR that would require further recirculation.
Accordingly, the Planning Commission certifies the Final EIR for the CADO Menifee Industrial Warehouse Project.
As the decision-making body for approval, the Planning Commission has reviewed and considered the information contained in the Findings and supporting documentation. The Planning Commission determines that the Findings contain a complete and accurate reporting of the unavoidable impacts and benefits of the Project as detailed in the Statement of Overriding Considerations.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 659
Menifee Mayor and City Council November 20, 2024 Page 1505 of 2294 Item Title: 11.2
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Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 672
Menifee Mayor and City Council November 20, 2024 Page 1518 of 2294 RESOLUTION NO. 24-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA DENYING APPEAL NO. PLN24-0182 AND APPROVING
TENTATIVE PARCEL MAP NO. 38139 (PLN22-0041) TO COMBINE
EIGHT PARCELS INTO ONE PARCEL, AND PLOT PLAN NO. PLN21- 0370 FOR THE 700,037 SQUARE-FOOT WAREHOUSE/INDUSTRIAL
BUILDING ON APPROXIMATELY 40.03 GROSS ACRES LOCATED
NORTH OF CORSICA LANE, SOUTH OF KUFFEL ROAD, EAST OF
WHEAT STREET, AND WEST OF BYERS ROAD.
WHEREAS, on November 15, 2021, the applicant, CADO Menifee, LLC (“Applicant”), filed a formal application with the City of Menifee for the approval of Tentative Parcel Map (TPM) No. 38139 (PLN22-0041) to consolidate eight parcels into one industrial parcel for a total of approximately 40.03 gross acres and 36.81 net acres, and Plot Plan (PP) No. PLN21-0370 for the construction of a 700,037 square-foot warehouse/industrial building with 10,000 square feet of office space and 690,037 square feet of warehouse space on the same 40.03 gross acre site. The Project site is generally located north of Corsica Lane, south of Kuffel Road, east of Wheat Street, and west of Byers Road within the City of Menifee (City), County of Riverside, State of California (APNs: 330-190-002 through -005 and 330-190-010 through -013); and WHEREAS, collectively, all the applications are referred to as the “Project” or “CADO Menifee Industrial Warehouse Project”; and
WHEREAS, Conditions of Approval for TPM No. 38139 (PLN22-0041) and PP No.
PLN21-0370 have been prepared and attached hereto as Exhibit “A” of the resolution; and
WHEREAS, on August 14, 2024, at a legally noticed public hearing, the Planning Commission voted 3-1-1 to certify the Environmental Impact Report (EIR) and approve TPM No. 38139 (PLN22-0041) and PP No. PLN21-0370 for the Project; and WHEREAS, on August 23, 2024, an application to appeal Planning Commission certification of the EIR for the Project and approval of TPM No. 38139 (PLN22-0041) and PP No. PLN21-0370 was submitted by the City of Perris; and WHEREAS, on November 6, 2024, at a legally noticed public hearing, the City Council voted unanimously to continue the public hearing on the Project to a date certain (i.e., November 20, 2024); and
WHEREAS, on November 20, 2024, the City Council held the continued public hearing on the appeal of the Planning Commission’s certification of the EIR and approval of TPM No. 38139 (PLN22-0041) and PP No. PLN21-0370 and Resolution Nos. PC24- 0639 and PC24-0640, which hearing was not required to be re-noticed, because the project was continued to a date certain (i.e., November 20, 2024) at the November 6, 2024 hearing, considered all public testimony as well as all materials in the staff report and accompanying documents; and
WHEREAS, all other legal prerequisites to the adoption of this resolution have occurred.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 673
Menifee Mayor and City Council November 20, 2024 Page 1519 of 2294 CADO Industrial Warehouse – TPM & PP
November 20, 2024
NOW, THEREFORE, the City Council of the City of Menifee resolves as follows:
Section 1: The City of Menifee’s City Council hereby makes the following findings for TPM No. 38139 (PLN22-0041) in accordance with Title 7, Article 2, Chapter 7.20.090 “Findings for Approval for Tentative Maps” of the City of Menifee Subdivision Code:
Finding 1 - The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable specific plan, and the Menifee Municipal Code.
The Project site is designated Economic Development Corridor – Northern Gateway (EDC-NG), according to the City of Menifee General Plan. The proposed TPM would combine eight parcels (APNs 330-190- 002 through -005 and 330-190-010 through -013) totaling 40.03 gross acres into one parcel to accommodate the development of the site. The majority of the Project site is vacant and undeveloped. One of the existing parcels contains two single-family residential structures and associated out-buildings; the existing structures are proposed to be demolished.
Vehicular access to the site is provided via Ethanac Road to Wheat Street or Byers Road. These roadways would provide the necessary fire access roads. The Project meets the requirements of the Development Code and General Plan.
Furthermore, staff has reviewed and conditioned the subdivision for consistency with subdivision ordinance requirements for lot sizes and dimensions, streets, domestic water, fire protection, sewage disposal, and other applicable requirements. The subdivision is consistent with the Subdivision Ordinance requirements.
Finding 2 - The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will be of an adequate size to sustain their agricultural use.
The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965.
Finding 3 - The site is physically suitable for the type of development and the proposed land use of the development.
The proposed Project includes the proposal for a TPM; the subject site is relatively flat and does not contain steep slopes or other features that would be incompatible with the proposed development. The surrounding area is also relatively flat. The Project site has a natural drainage pattern to the northeast corner. The Project proposes to preserve the existing drainage pattern. Therefore, the site is physically suitable for the type of development and the proposed land use of the site.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 674
Menifee Mayor and City Council November 20, 2024 Page 1520 of 2294 CADO Industrial Warehouse – TPM & PP
November 20, 2024
The Project has been reviewed by various Departments to ensure compliance with applicable regulations, including, but not limited to City of Menifee Community Development Department, Engineering and Public Works Department, Police Department, and the Office of the Fire Marshal, as well as the Riverside County Department of Environmental Health. These Departments have provided conditions of approval as appropriate to ensure compliance with applicable regulations.
Finding 4 - The design of the subdivision and the proposed improvements, with conditions of approval, are either:
1. Not likely to cause significant environmental damage or substantially and avoidable injure fish or wildlife or their habitat; or
2. Subject to an environmental impact report under which a finding has been made pursuant to Public Resources Code Section 21081(a)(3) that specific economic, social, or other
considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report.
Pursuant to the California Environmental Quality Act (CEQA), an EIR was prepared for the Project. In the EIR, it was found that with implementation of mitigation measures, the proposed Project would not result in any significant impacts related to biological resources such as plant and animal species or their habitat. A Mitigation Monitoring and Reporting Plan (MMRP) was prepared and identifies all mitigation measures that will be required for the Project.
Biological reports were conducted to determine sensitive plant and animal species onsite and applicable mitigation measures included in the EIR were included for their protection. The EIR also includes additional reports to determine consistency with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) such as riparian/riverine areas, vernal pools, narrow endemic plant species, burrowing owl, and fairy shrimp. Review and mitigation coordination occurred with the applicable state and federal wildlife agencies.
The MSHCP does not identify any covered or special-status fish species as potentially occurring on the Project site. Further, no fish or hydrogeomorphic features (e.g., perennial creeks, ponds, lakes, reservoirs) that would provide suitable habitat for fish were observed on or within the vicinity of the Project site. Therefore, no fish are expected to occur and are presumed absent from the Project site. In addition, the EIR discusses amphibians, reptiles, birds, mammals, and invertebrates. Any significant impacts associated with biological resources have been mitigated to less than significant. In addition, standard conditions of approval pertaining to Stephens Kangaroo Rat and cultural resources still apply in this case and shall be addressed as part of standard monitoring in the Conditions of Approval. As such, the subdivision will not cause environmental damage or injure fish, wildlife, or their habitat.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 675
Menifee Mayor and City Council November 20, 2024 Page 1521 of 2294 CADO Industrial Warehouse – TPM & PP
November 20, 2024
The CADO Menifee Industrial Warehouse Project EIR (State Clearinghouse No. 2022040622) has been completed for the Project and will be certified by the City Council pursuant to a separate resolution. The TPM at issue is consistent with the EIR, which the City Council has considered as part of its proceedings.
Finding 5 - The design of the subdivision and the type of improvements are not likely to cause serious public health problems.
The proposed subdivision is being proposed concurrently with PP No.
PLN21-0370. The Project has been reviewed and conditioned by the City of Menifee Community Development, Engineering, and Police Departments, as well as the Office of the Fire Marshal and the Riverside County Department of Environmental Health to ensure it will not create conditions materially detrimental to the surrounding uses. In addition, environmental impacts resulting from the implementation of the Project and associated subdivision have been analyzed in the EIR. The EIR determined that potential impacts would all be less than significant with the necessary mitigation incorporated, except for significant and unavoidable impacts to Greenhouse Gas (GHG) Emissions. A Statement of Overriding Considerations (SOOC) is included for the EIR stating that the impacts of the Project are outweighed by the benefits of the Project.
With the exception of the environmental category (GHG Emissions), the proposed entitlements are not anticipated to create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the Project vicinity.
Finding 6 - The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible.
This TPM would create one parcel for construction of an industrial building pursuant to PP No. PLN21-0370. The Project will be designed with passive or natural heating opportunities such as solar amenities.
Energy efficiency/energy conservation attributes of the Project would be complemented by increasingly stringent state and federal regulatory actions addressing enhanced building/utilities energy efficiencies mandated under California building codes (e.g., California Code of Regulations Title 24, including requirements for energy efficiency, thermal insulation, and solar panels and California Green Building Standards Code). Compliance with applicable Title 24 standards would ensure that the Project energy demands would not be inefficient, wasteful, or otherwise unnecessary.
Finding 7 - The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 676
Menifee Mayor and City Council November 20, 2024 Page 1522 of 2294 CADO Industrial Warehouse – TPM & PP
November 20, 2024
The subdivision makes provisions for all existing and future easements for all utilities and public use purposes to avoid any conflict.
Finding 8 - The subdivision is consistent with the City’s parkland dedication requirements (per the Quimby Act) as applicable, in accordance with Chapter 7.75 (Parkland Dedication and fees).
This Project is for the subdivision of a proposed industrial development and does not include residential units. For this reason, no Quimby Act fees or dedications are required.
Section 2: The City of Menifee’s City Council hereby makes the following findings for PP No. PLN21-0370 in accordance with Title 9, Article 2, Chapter 9.80.70, “Findings for Approval for Plot Plans” of the City of Menifee Comprehensive Development Code:
Finding 1 - The proposed design and location of the Plot Plan is consistent with the adopted General Plan and any applicable specific plan.
The Project site has a General Plan land use designation of EDC-NG which is intended to provide economic vitality and flexibility in land use options to promote economic development along the City’s major corridors. All development and design standards of the City of Menifee Development Code have been uniformly applied to the entirety of the Project, and the Project is consistent with the General Plan.
In addition, the Project is consistent with the following City of Menifee General Plan policies:
• LU-1.1: Concentrate growth in strategic locations to help preserve rural areas, create place and identity, provide infrastructure efficiently, and foster the use of transit options.
The proposed industrial Project is in close proximity (approximately 300 feet) to Ethanac Road, a designated truck route per the City’s General Plan. Ethanac Road directly connects to the I-215 freeway interchange. The location is well suited for industrial development to promote easily accessible routes for employees and delivery personnel and the location helps concentrate activity and development near the major transit corridors of the City as opposed to the rural areas or traveling through residential areas. • LU-1.5: Support development and land use patterns, where appropriate, that reduce reliance on the automobile and capitalize on multimodal transportation opportunities.
The Project’s infrastructure improvements include new roadways, roadway widening, intersection improvements such as traffic signals and turn lanes, bike routes, and sidewalks. All these improvements will help promote multimodal transportation opportunities for employees and residents surrounding the Project site.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 677
Menifee Mayor and City Council November 20, 2024 Page 1523 of 2294 CADO Industrial Warehouse – TPM & PP
November 20, 2024
• CD-3.5 Design parking lots and structures to be functionally and visually integrated and connected; off-street parking lots should not dominate the street scene.
Perimeter landscaping have been provided to visually screen the parking lots, truck court, and drive aisles from surrounding roadways. • CD-3.9 Utilize Crime Prevention through Environmental Design (CPTED) techniques and defensible space design concepts to enhance community safety.
The Project is required to include security cameras at the entrances as well as within the property and the site has been designed to limit concealed areas to allow for greater visibility and security. • CD-3.12: Utilize differing but complementary forms of architectural styles and designs that incorporate representative characteristics of a given area.
The proposed industrial Project utilizes industrial architecture which focuses on efficiency for processing goods and products. The building is designed to prioritize employee safety and functionality.
Nonetheless, the building is still designed to meet the City’s Industrial Good Neighbor Policies, as well as City of Menifee Design Guidelines such as building form, roof form, massing and articulation, materials and colors, windows, doors, and entries.
• CD-3.14 Provide variations in color, texture, materials, articulation, and architectural treatments. Avoid long expanses of blank, monotonous walls or fences.
The architecture of the Project incorporates varied colors, recesses, material changes, varied roof lines, wall plane changes, accent materials, and other architectural treatments that break up wall areas to avoid long expanses of blank, monotonous walls. Screen walls have also been designed to incorporate architectural elements from the building for compatibility. Additionally, densely perimeter landscaping is proposed to reduce the visual height of the building and truck court walls from the public rights-of-way and to provide a visually pleasing street scene.
Finding 2 - The proposed project meets all applicable standards for development and provisions of this title.
Per section 9.80.020 “Applicability” of the Development code, new construction of non-residential projects of more than 2,500 square feet of floor area requires the processing of a PP. The PP is for the site and architectural review, to allow for the construction of one 700,037 square foot industrial building.
The Project was reviewed against the City’s Development Code, Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 678
Menifee Mayor and City Council November 20, 2024 Page 1524 of 2294 CADO Industrial Warehouse – TPM & PP
November 20, 2024
Industrial Good Neighbor Policies, and Design Guidelines. The design of the Project is consistent with the development standards of the Development Code and the Industrial Good Neighbor Policies and Industrial Design Guidelines. Therefore, the proposed design and location of the PP meets all applicable standards of development and operation of the City’s Zoning Code, including any applicable specific use regulations.
Finding 3 - The establishment, maintenance, or operation of the proposed project will not be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the City.
To ensure the Project would not affect the general health, safety and/or welfare of the community, an EIR was prepared to analyze potential impacts to the surrounding persons residing or working in the community.
The EIR examined the Project including planning, construction and operation and determined potential impacts would all be less than significant with the necessary mitigation incorporated, except for significant and unavoidable impacts to GHG Emissions. A SOOC is included for the EIR stating the impacts of the project are outweighed by the benefits of the Project. With the exception of these environmental categories (GHG Emissions), the proposed entitlements are not anticipated to create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity.
In addition, the Project incorporates quality architecture and landscaping which will enhance the surrounding area. The Project has been reviewed by a variety of Departments to ensure compliance with applicable regulations, including, but not limited to City of Menifee Community Development, Engineering and Public Works, Office of the Fire Marshall, Police, Riverside County Environmental Health, Eastern Municipal Water District, Riverside County Flood Control District, California Department of Transportation, California Fish and Wildlife, and United States Department of Fish and Wildlife Resources. Some of these Departments have provided conditions of approval as appropriate to ensure compliance with applicable regulations.
NOW THEREFORE, the City Council of the City of Menifee hereby approves the following:
1. That the City Council determine that the “Findings” set out above are true and correct.
2. That the City Council determine the environmental review has been completed for the Project in accordance with State and local laws, and CEQA guidelines.
3. That the City Council, pursuant to a separate Resolution, finds the facts presented within the public record provide the basis to certify the CADO Menifee Industrial Warehouse Project FEIR, adopt the Findings of Fact and a SOOC, and Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 679
Menifee Mayor and City Council November 20, 2024 Page 1525 of 2294 CADO Industrial Warehouse – TPM & PP
November 20, 2024
MMRP, which have been completed for the Project.
4. That the City Council finds the facts presented within the public record and within the City Council Resolution provide the basis to deny Appeal No. PLN24-0182 and approve TPM No. 38139 (PLN22-0041) and PP No. PLN21-0370, and that the City Council approve said entitlements.
5. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Community Development Department – Planning Division, 29844 Haun Road, Menifee, CA 92586. This information is provided in compliance with Public Resources Code section 21081.6.
PASSED, APPROVED AND ADOPTED this the 20th day of November 2024. _________________________
Bill Zimmerman, Mayor
Attest:
______________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
______________________________
Jeffrey T. Melching, City Attorney
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 680
Menifee Mayor and City Council November 20, 2024 Page 1526 of 2294 EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Application No.: Plot Plan No. PLN 21-0370 and Tentative Parcel Map No. PLN 22-0041 (“CADO Menifee Industrial Warehouse Project”)
Project Description: Plot Plan No. No. PLN 21-0370 proposes a 700,037 square foot warehouse/industrial building with 10,000 square feet of office space and 690,037 square feet of warehouse space on a 36.8 net acre (40.03 gross acre) site. The project will provide a total of 499 vehicular parking stalls and 245 trailer stalls. There will be three (3) points of access on Byers Road and two (2) points of access on Wheat Street.
Tentative Parcel Map No. PLN 22-0041 (TPM 38139) proposes to consolidate 8 parcels into one (1) industrial parcel. The Project site is approximately 40.03 gross acres and 36.81 net acres.
The project site is located north of Corsica Lane, south of Kuffel Road, east of Wheat Street and west of Byers Road.
State Clearinghouse No.: 2022040622
Assessor's Parcel No.: 330-190-002 through -005 and -010 through -013 MSHCP Category: Non-residential (Industrial)
DIF Category: Industrial
TUMF Category: Determined by Western Riverside Council of Governments (WRCOG)
Quimby Category: N/A
Approval Date: November 20, 2024
Expiration Date: November 20, 2027
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 681
Menifee Mayor and City Council November 20, 2024 Page 1527 of 2294 Section I: Community Development Department Conditions
of Approval
Section II: Engineering/Grading/Transportation Conditions of Approval
Section III: Building and Safety Department Conditions of Approval
Section IV: Riverside County Fire Department Conditions of Approval
Section V: Riverside County Environmental Health
Conditions of Approval
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 682
Menifee Mayor and City Council November 20, 2024 Page 1528 of 2294 Section I:
Community Development Department
Conditions of Approval
Item Title: 11.2
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Menifee Mayor and City Council November 20, 2024 Page 1529 of 2294
GENERAL CONDITIONS
1. Indemnification. Within 48 hours of project approval, the Applicant/developer shall submit the necessary agreements to indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved.
2. Filing Notice of Determination. Within 48 hours of project approval, the Planning Division will determine the appropriate fees for the Notice of Determination (NOD) filing and request the payment of fees to the City of Menifee in the form of a check or cash.
Upon receipt of payment, the Planning Division will file the NOD with the relevant agencies as required under Public Resources Code, California Code of Regulations and California Fish and Game Code.
3. Exhibits. The project shall be constructed as approved by the Planning Commission on August 14, 2024, and as shown in Attachment No. 1 in the accompanying staff report.
Any subsequent changes shall be processed per Menifee Municipal Code Section
9.30.120 Modifications to Previously Approved Permits.
4. Mitigation Monitoring. The applicant shall comply with, prepare and submit a written report to the Community Development Director demonstrating compliance with those conditions of approval and mitigation measures of this Project which must be satisfied prior to the issuance of a grading permit for review and approval. The Community Development Director may require inspection or other monitoring to ensure such compliance.
5. Ninety (90) Days. The applicant has ninety (90) days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project.
6. Subsequent Submittals. Any subsequent submittals required by these Conditions of Approval, including but not limited to grading plan, building plan or mitigation monitoring review shall include appropriate fees paid as may be in effect at the time of submittal, as required by Resolution No. 24-1423 (Cost of Services Fee Study), or any successor thereto. Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with.
Item Title: 11.2
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Menifee Mayor and City Council November 20, 2024 Page 1530 of 2294
7. Expiration Date. This approval shall become null and void three (3) years from the date of approval, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Division inspection, or an extension of time application has been submitted to the Planning Division prior to the expiration date. Extensions may be granted per Menifee Municipal Code.
8. Place of Sale. The General Contractor/Developer is requiring that all contractors and subcontractors on the site direct local tax to the City of Menifee wherever possible. This direction will not increase the contractor’s tax liability; however, it will increase the percentage amount of tax revenue the City will receive. The Developer is requiring the contractors and subcontractors work together with City officials and consultants to achieve an equitable outcome.
The Developer will require the contractors and subcontractors to exercise their option to obtain a California Department of Tax & Fee Administration sub-permit for the job site and allocate all eligible use tax payments to the City of Menifee. This condition applies to only those contractors/sub-contractors with individual contracts over $5 million. Prior to any construction on-site, the developer will require the contractor and subcontractor to provide the City of Menifee with either a copy of their sub-permit that shows their CDTFA account number or a signed statement that sales and use tax does not apply to their portion of the project. The Developer/Contractor will provide the City/County and their consultant with a list of subcontractors associated with the project.
9. Modifications or Revisions. The applicant shall obtain City approval for any modifications or revisions to the approval of this project pursuant to Menifee Municipal Code Section 9.30.120 (Modifications to Previously Approved Permits), and such requests.
10. Comply with Ordinances. This project shall comply with the applicable standards of the City of Menifee Development Code, City of Menifee Municipal Code, City of Menifee Design Guidelines and all other applicable ordinances and State and Federal codes and regulations.
11. Map Act Compliance. This land division shall comply with the State of California Subdivision Map Act and to all requirements of Title 7 of the City of Menifee Municipal Code, unless modified by the conditions listed herein.
12. Causes for Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit may be subject to the City’s authority to initiate applicable permit revocation procedures.
13. Reclaimed Water. The permittee shall connect to a reclaimed water supply for landscape watering purposes if secondary reclaimed water is available to the site at the time of grading permit issuance or as required by Eastern Municipal Water District.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 685
Menifee Mayor and City Council November 20, 2024 Page 1531 of 2294
14. Outside Lighting. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way and so as to prevent either the spillage of lumens or reflection into the sky.
15. Phases. Construction of this project may be done progressively in phases provided a phasing map is submitted with appropriate fees to the Planning Division and approved prior to issuance of any building permits.
16. Development Impact Fees. The applicant shall pay all applicable development impact fees including but not limited to Development Impact (DIF), Multi-Species Habitat Conservation Plan (MSHCP), Quimby, Stephen’s Kangaroo Rat (KRAT), School Fees, Transportation Uniform Mitigation Fee (TUMF), Road and Bridge Benefit District (RBBD), and Area Drainage Plan (ADP).
17. Outside Agencies. The applicant shall comply with all comments and conditions of approval from any responsible agencies as shown in the attached letters from associated agencies.
18. Anti-Graffiti Coating. An anti-graffiti coating shall be provided on all block walls constructed as part of any phase of the Project, and written verification from the developer shall be provided to the Community Development Department.
19. Property Maintenance. All parkways, entryway medians, on-site and off-site landscaping, walls, fencing, recreational facilities, basins, and on-site lighting shall be maintained by the owner or private entity or the City of Menifee Community Facilities District (CFD).
All landscaping and similar improvements not properly maintained by a property owners association, individual property owners, or the common area maintenance director must be annexed into a Lighting and Landscape District, or other mechanism as determined by the City of Menifee.
The land divider, or any successor-in-interest to the land divider, shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems within the land division until such time as those operations are the responsibility of a property owner’s association, or any other successor-in-interest.
The owners of each individual lot shall be responsible for maintaining all landscaping between the curb of the street and the proposed sidewalk and side yard landscaping between the curb of the street and proposed fencing, unless the landscaping is included within a separate common lot maintained by an HOA or other entity acceptable to the City of Menifee.
20. Business Registration. Every person conducting a business within the City of Menifee, as defined in Menifee Municipal Code, Chapter 5.01, shall obtain a business license.
For more information regarding business registration, contact the Finance Department.
21. Cold Storage Prohibited. Per the Environmental Impact Report Mitigation, Monitoring and Reporting Plan, 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 Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 686
Menifee Mayor and City Council November 20, 2024 Page 1532 of 2294 purposes. Cold storage was not included in the Environmental Impact Report and is therefore prohibited.
22. Loading Areas. Loading and/or unloading of goods/supplies shall occur in designated loading areas as shown on the approved exhibits. No loading or unloading is allowed within drive aisles, parking areas, or on adjacent public streets. Loading areas shall be kept free of debris and clean throughout the life of this plot plan.
23. Outdoor Storage. No outdoor storage is allowed unless otherwise approved as part of the project.
24. Screening. Sliding gates into loading areas visible from the street shall be constructed with wrought iron or tubular steel and perforated metal screening or equivalent durable material. The gate shall be painted to complement adjacent walls.
25. Sound Dampening. The design of dock-high loading doors shall minimize noise through installation of devices such as rubber seals and/or other sound-dampening features, and shall be included on the tenant improvement building permit plans.
Landscaping
26. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blow sand nuisance and shall be either planted with interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development Department and the South Coast Air Quality Management District (SCAQMD).
27. Landscape Plans. All landscaping plans shall be prepared in accordance with the City’s Water Efficient Landscape Ordinance. Such plans shall be reviewed and approved by the Community Development Department, and the appropriate maintenance authority.
Archeology
28. 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.
29. 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, parties, and Lead Agencies, will be asked to withhold public disclosure information related to such Item Title: 11.2
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Menifee Mayor and City Council November 20, 2024 Page 1533 of 2294 reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r).
30. 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 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.
31. Cultural Resources Disposition. In the event that Native American cultural resources are discovered during the course of ground disturbing activities (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries:
Item Title: 11.2
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Menifee Mayor and City Council November 20, 2024 Page 1534 of 2294 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, items of Native American Cultural Patrimony, burial goods and Native American human remains. Results concerning finds of any inadvertent discoveries shall be included in the Phase IV monitoring report.
Paleontology
32. Inadvertent Paleontological Find. In the event that fossils or fossil-bearing deposits are discovered during construction, excavations within fifty (50) feet of the find shall be temporarily halted or diverted. The contractor shall notify a qualified paleontologist to examine the discovery. The paleontologist shall document the discovery as needed in accordance with Society of Vertebrate Paleontology standards, evaluate the potential resource, and assess the significance of the find under the criteria set forth in CEQA Guidelines Section 15064.5. The paleontologist shall notify the Community Development Department to determine procedures that would be followed before construction is allowed to resume at the location of the find. If in consultation with the paleontologist, the Project proponent determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of the Project on the qualities that make the resource important. The plan shall be submitted to the Community Development Department for review and approval and the Project proponent shall implement the approval plan.
PRIOR TO ISSUANCE OF GRADING PERMIT
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 689
Menifee Mayor and City Council November 20, 2024 Page 1535 of 2294
33. Processing Fees. Prior to issuance of building permits, the Planning Division shall determine if any deposit-based fees for the project are in a negative balance. If so, any outstanding fees shall be paid by the applicant.
34. Development Impact Fees. The applicant shall pay all applicable development impact fees including but not limited to Development Impact Fee (DIF), Multi-Species Habitat Conservation Plan (MSHCP), Quimby, Stephen’s Kangaroo Rat (KRAT), School Fees (Perris Union High School District, and Romoland School District), Transportation Uniform Mitigation Fee (TUMF), Road and Bridge Benefit District (RBBD), and Area Drainage Plan (ADP).
35. Mitigation Monitoring. The applicant shall prepare and submit a written report to the Community Development Director or review and approval demonstrating compliance with the standard conditions of approval and mitigation measures identified in the Environmental Impact Report (EIR) for this project which must be satisfied prior to issuance of grading permits. The Community Development Director may require inspection or other monitoring to ensure such compliance.
36. 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. a. 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. b. 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.
c. 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 AB52 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 AB52 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:
d. Project grading and development scheduling;
i. 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 Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 690
Menifee Mayor and City Council November 20, 2024 Page 1536 of 2294 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
ii. 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.
37. Native American Monitoring (Pechanga/Soboba). Tribal monitor(s) shall be required on-site during all ground-disturbing activities which are below the depths of the previous mass grading. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Pechanga Band of Indians and Soboba band 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.
The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are of Native American origin, found in the project area for proper treatment and disposition to a curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. The applicant shall be responsible for all curation costs.
38. Paleontologist Required. 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.
Item Title: 11.2
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Menifee Mayor and City Council November 20, 2024 Page 1537 of 2294
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
39. Burrowing Owl Pre-Construction Survey. The Project Developer shall retain a qualified biologist to conduct a pre-construction survey for Burrowing Owl within 30 days prior to the start of construction. The results of the single one-day survey would 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 preconstruction survey, no further mitigation is required. If active burrowing owl burrows are detected during the breeding season, the on-site biologist will review and establish a conservative avoidance buffer surrounding the nest based on their best professional judgment 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.
40. Nesting Bird Pre-Construction Survey. If construction occurs between February 1st and August 31st, a pre-construction clearance survey for nesting birds shall be conducted within three days of the start of any vegetation removal or ground disturbing activities to ensure that no nesting birds will be disturbed during construction. The biologist conducting the clearance survey shall document a negative survey with a brief letter report indicating that no impacts to active avian nests will occur. If an active avian nest is discovered during the pre-construction clearance survey, construction activities 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 Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 692
Menifee Mayor and City Council November 20, 2024 Page 1538 of 2294 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.
41. Stockpiling/Staging. During construction, best efforts shall be made to locate stockpiling and/or vehicle staging areas as far as practicable from existing residential dwellings.
PRIOR TO FINAL MAP
42. Processing Fees. Prior to approval of Final Map, the Planning Division shall determine if any deposit-based fees for the project are in a negative balance. If so, any outstanding fees shall be paid by the applicant.
43. Development Impact Fees. The applicant shall pay all applicable development impact fees including but not limited to Development Impact Fee (DIF), Multi-Species Habitat Conservation Plan (MSHCP), Stephen’s Kangaroo Rat (KRAT), School Fees (Perris Union High School District, and Romoland School District), Transportation Uniform Mitigation Fee (TUMF), Road and Bridge Benefit District (RBBD), and Area Drainage Plan (ADP). T
44. Mitigation Monitoring. The applicant shall prepare and submit a written report to the Community Development Director or review and approval demonstrating compliance with the standard conditions of approval and mitigation measures identified in the Environmental Impact Report (EIR) for this project which must be satisfied prior to issuance of grading permits. The Community Development Director may require inspection or other monitoring to ensure such compliance.
45. Final Map. After the approval of the TENTATIVE MAP and prior to the expiration of said map, the developer/owner shall cause the real property included within the TENTATIVE MAP, or any part thereof, to be surveyed and a FINAL MAP thereof prepared in accordance with the current Engineering Department requirements, the conditionally approved TENTATIVE MAP, and in accordance with Menifee Municipal Code Title 7 Subdivisions.
46. Surveyor. The FINAL MAP shall be prepared by a licensed land surveyor or registered civil engineer.
47. ECS. The developer/owner shall prepare an Environmental Constraints Sheet (ECS) in accordance with Menifee Municipal Code Title 7 Subdivisions, which shall be submitted as part of the plan check review of the FINAL MAP.
48. Dark Sky Ordinance. The following Environmental Constraints Note shall be placed on the ECS:
"This property is subject to lighting restrictions as required by the Menifee Municipal Code Chapter 6.01, the “Dark Sky Ordinance”, which are intended to Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 693
Menifee Mayor and City Council November 20, 2024 Page 1539 of 2294 reduce the effects of night lighting on the Mount Palomar Observatory. All proposed outdoor lighting systems shall be in conformance with the Dark Sky Ordinance.”
49. ECS Note EIR. The following Environmental Constraints Note shall be placed on the ECS:
“An EIR was prepared for this property by Kimley Horn and is on file at the City of Menifee Planning Division (State Clearinghouse No. 2022040622). The property is subject to environmental restrictions based on the results of the reports. A Mitigation Monitoring and Reporting Program (MMRP) was adopted with the EIR and should be referenced to determine project compliance prior to recordation of the final map.”
PRIOR TO BUILDING PERMIT ISSUANCE
50. Processing Fees. Prior to issuance of building permits, the Community Development Department shall determine if the deposit-based fees for the project are in a negative balance. If so, any outstanding fees shall be paid by the applicant.
51. Development Impact Fees. The applicant shall pay all applicable development impact fees including but not limited to Development Impact Fee (DIF), Multi-Species Habitat Conservation Plan (MSHCP), Quimby (Parks and Rec), Stephen’s Kangaroo Rat (KRAT), School Fees (Perris Union High School District, Menifee Union School District and Romoland School District), Transportation Uniform Mitigation Fee (TUMF), Road and Bridge Benefit District (RBBD), and Area Drainage Plan (ADP).
52. Mitigation Monitoring. The applicant shall prepare and submit a written report to the Community Development Director or review and approval demonstrating compliance with the standard conditions of approval and mitigation measures identified in the Environmental Impact Report (EIR) for this project which must be satisfied prior to issuance of grading permits. The Community Development Director may require inspection or other monitoring to ensure such compliance.
53. No Building Permit Prior to Final Map. No building permit shall be issued until the Final Map described above has been recorded.
54. Lighting. Light fixtures shall be decorative and consistent with the City of Menifee Design Guidelines and included in the Building and Safety plans. Architecturally appropriate themed lighting fixtures shall be located along the project roads, project entrances, walkways, open space areas and other focal points on the project site and shall be subject to Community Development Department review and approval.
55. Roof-Mounted Equipment Plans. Prior to issuance of certificate of occupancy, Community Development staff will verify that all roof mounted equipment will be screened in compliance with approved plans.
56. Electrical Cabinets. All electrical cabinets shall be located inside a room that is architecturally integrated into the design of the building.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 694
Menifee Mayor and City Council November 20, 2024 Page 1540 of 2294
57. Screening of Accessory Structures. Screening of accessory structures (including mechanical equipment) shall be compatible in color and materials to primary structures.
58. Double Detectors. Double detector check valve assemblies (backflow preventers) for landscape irrigation and domestic water shall not be located at visually prominent locations (such as the end of drive aisles or at site entries) and shall be well-screened with shrubs, berming, or low screen walls.
59. Crime Prevention through Environmental Design Guidelines. All plants, landscaping and foliage shall fall within current CPTED (Crime Prevention through Environmental Design) guidelines.
60. Break Areas. Outdoor employee break/lunch areas with seating, trash bins, shade and landscaping shall be provided near each office area of each building and located away from loading, storage and trash areas. The exact location and design shall be shown on the landscape and irrigation plans and shall be reviewed and approved by the Community Development Department prior to building permit issuance. An indoor break area can be substituted for an outdoor break area at the discretion of the Community Development Director if the indoor break area is determined to provide superior amenities or if it is determined that there is no acceptable location for an outdoor break area near the office area.
61. Security Systems. Prior to the issuance of Building Permits, the applicant shall prepare a security plan for the site and submit to the Menifee Police Department for review and approval. The security plan for this project shall include a comprehensive security camera system that clearly depicts the entire parking field. This security camera system shall be 4k quality with High-Definition Resolution based in the building containing the management office for this development, or inside a security office or other place acceptable to the City of Menifee Police Department, that is accessible to law enforcement at all times of the day and night. The security camera system shall have a recording capacity to minimally save footage for a period of 30 days or as approved by the Police Department. While not required for all developments, the integration of Automated License Plate Reader (ALPR) technology at vehicle entrance and exit points is strongly recommended. This technology serves as a powerful investigative tool for law enforcement agencies when investigating criminal activity. ALPR cameras are cameras specifically designed to read and record vehicle license plates as they enter and exit this complex. It should be noted that high quality day/night vision LPR cameras are relatively inexpensive. The plan shall be approved prior to issuance of Building Permits. The Police Department and/or Community Development Department shall verify that the security system has been installed prior to final occupancy.
In addition, the trash enclosure shall be properly secured and have a lock as well as a covering to keep unauthorized persons from entering the dumpster area.
62. Utilities Underground. All utilities, except electrical lines rated 33 kV or greater, shall be installed underground. If the applicant provides to the Building and Safety Division and the Planning Division a definitive statement from the utility provider refusing to allow underground installation of the utilities they provide, this condition shall be null and void with respect to that utility.
Landscaping
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 695
Menifee Mayor and City Council November 20, 2024 Page 1541 of 2294
63. Landscaping Submittals. Final landscape plan submittals are divided into two different processes. All on-site landscaping plans shall be submitted to the Planning Department for review and approval. The on-site landscaping shall include any basins, streetscape, open space and planters on private property that is maintained by the property owner or private entity (HOA or Common Maintenance Entity/Association). All off-site landscaping plans shall be submitted to the Engineering and Public Works Department for review and approval. Off-site plans shall include landscaping in areas maintained by the Community Facilities District (CFD) and are located within the City of Menifee Rightof-Way which can include streetscape, basins or slopes.
64. Construction Plans. Prior to building permit issuance, the applicant shall submit the following construction plan applications to the Planning Division (pursuant to Menifee Municipal Code) for review and approval. The fee for each submittal will be determined by Resolution No. 24-1423 Cost of Services Fee Study and Planning Division Fee Schedule at the time of application submittal. Construction Plan Submittals include:
A. On-Site Landscaping – all Property Owner maintained landscaping and irrigation.
Performance Securities will be required prior to approval of this Landscape Construction Plan.
Additional submittal requirements can be found in the submittal checklist found on the Community Development Department’s website. All Landscape Construction Plans must be approved prior to the issuance of any building permit.
65. Landscape Inspections. Prior to issuance of Building Permits, the Applicant shall open a Landscape Deposit Based Fee case and deposit the prevailing deposit amount to cover the pre-installation inspections, installation inspections, Six Month Post Establishment and One Year Post Establishment Landscape Inspections.
66. Performance Securities (Bonds). Performance securities, in amounts to be determined by the Director of Community Development to guarantee the installation of plantings and irrigation system in accordance with the approved plan, shall be filed with the Department of Community Development. Securities may require review by City Attorney and City staff. The applicant holder is encouraged to allow adequate time to ensure that securities are in place. The performance security may be released one year after structural final, inspection report, and the One-Year Post Establishment report confirms that the planting and irrigation components have been adequately installed and maintained. A cash security shall be required when the estimated cost is $2,500.00 or less.
67. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees.
68. Interim Landscaping. Graded but undeveloped land shall be maintained in a condition so as to prevent a dust and/or blown sand nuisance and shall be either planted with Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 696
Menifee Mayor and City Council November 20, 2024 Page 1542 of 2294 interim landscaping or provided with other wind and water erosion control measures as approved by the Community Development Department.
PRIOR TO FINAL INSPECTION .
69. Processing Fees. Prior to final inspection, the Planning Division shall determine if any fees for the project are in a negative balance. If so, any outstanding fees shall be paid by the applicant.
70. Development Impact Fees. The applicant shall pay all applicable development impact fees including but not limited to Development Impact Fee (DIF), Multi-Species Habitat Conservation Plan (MSHCP), Quimby (Parks and Rec), Stephen’s Kangaroo Rat (KRAT), School Fees (Perris Union High School District, Menifee Union School District and Romoland School District), Transportation Uniform Mitigation Fee (TUMF), Road and Bridge Benefit District (RBBD), and Area Drainage Plan (ADP).
71. Mitigation Monitoring. The applicant shall prepare and submit a written report to the Community Development Director or review and approval demonstrating compliance with the standard conditions of approval and mitigation measures identified in the Environmental Impact Report (EIR) for this project which must be satisfied prior to issuance of grading permits. The Community Development Director may require inspection or other monitoring to ensure such compliance
72. Archaeology Report – Phase III and IV. Prior to final inspection of the first building permit associated with each phase of grading, the developer/permit holder shall prompt the Project Archaeologist to submit two copies of the Phase III Data Recovery report (if required 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 copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one copy shall be submitted to the Consulting Tribe(s) Cultural Resources Department(s).
73. Paleontological Monitoring Report. Prior to issuance of a certificate of occupancy, the applicant shall submit to the Community Development Department, an electronic copy of the Paleontology Monitoring Report in accordance with the procedures outlined in the PRIMP. The report shall be certified by a professional paleontologist listed on Riverside County’s Paleontology Consultant List. A deposit for the review of the report will be required.
74. Final Planning Inspection. The applicant shall obtain final occupancy sign-off from the Community Development Department for each building permit issued by scheduling a final Planning inspection prior to the final sign-off from the Building Department.
Planning staff shall verify that all pertinent conditions of approval have been met, including compliance with the approved elevations, site plan, parking lot layout, decorative paving, public plazas, etc. The applicant shall have all required paving, Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 697
Menifee Mayor and City Council November 20, 2024 Page 1543 of 2294 parking, walls, site lighting, landscaping and automatic irrigation installed and in good condition.
Landscaping
75. Soil Management Plan. The applicant shall submit a Soil Management Plan (Report) to the Community Development Department before the Landscape Installation Inspection. The report can be sent in electronically. Information on the contents of the report can be found in the County of Riverside Guide to California Friendly Landscaping page 16, #7, “What is required in a Soil Management Plan?”
76. Landscape Inspections. The applicant shall obtain a final certificate of completion from the Planning Division’s Landscape Inspector for each building permit issued by scheduling a final landscape inspection prior to the final occupancy from the Planning Division.
77. Landscaping. All landscape planting and irrigation shall be installed and inspected in accordance with approved exhibits and Menifee Municipal Code.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 698
Menifee Mayor and City Council November 20, 2024 Page 1544 of 2294 Section II:
Engineering/Grading/Transportation
Conditions of Approval
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 699
Menifee Mayor and City Council November 20, 2024 Page 1545 of 2294
PLOT PLAN CONDITIONS OF APPROVAL
STANDARD POLICIES & PROCEDURES
78. All required public improvements must be constructed and accepted by the City prior to issuance of the first and any subsequent certificate of occupancy, unless approved by City Engineer/Public Works Director. For “public improvements” related to this project, see Section E.
79. Any Engineering Design exceptions shown on the tentative map and associated engineering documents that are not specifically requested are not approved solely by virtue of inclusion on such documents. Engineering Design exceptions to City design standards and policies must be specifically requested in writing and approved by City Engineer/PW Director.
80. The developer is responsible to furnish & install one 2” and one 3” conduit for traffic signal interconnect and broadband purposes, per City of Menifee Standard Detail 1005, along all circulation element roads and intersections. Applicant may request wifi connection to be approved by the City Engineer / PW Director.
81. Subdivision Map Act – The developer / property owner shall comply with the State of California Subdivision Map Act and all other laws, ordinances, and regulations pertaining to the subdivision of land.
82. Engineering Plans / Mylars – All improvement plans and grading plans shall be drawn on twenty-four (24) inch by thirty-six (36) inch Mylar and signed by a licensed civil engineer and/or other registered/licensed professional as authorized by State law.
83. Guarantee for Required Improvements – Prior to grading permit issuance, construction permit issuance, financial security or bonds shall be provided to guarantee the construction of all required improvements within the public right-of-way and grading / water quality management facilities associated with each phase of construction, per the City’s municipal code.
84. If warranted as a result of the project improvements, the Public Works Director may require the dedication and construction of necessary utilities, streets, or other improvements outside the area of any particular map phase if the improvements are needed for circulation, drainage, parking, and access or for the welfare and safety of the public.
85. Bond Replacement, Reduction, and Releases – All requests for bond replacements (such as in changes of property ownerships), reductions (such as in partial completion of improvements), releases (such as in completion of improvements), shall conform to City policies, standards, and applicable City ordinances. It shall be the responsibility of the developer / property owner to notify the City in time when any of these bond changes are necessary. The City shall review all changes in Bond Agreements and the accompanying bonds or security.
86. Existing and Proposed Easements – The final grading plan and improvement plans, as applicable, shall correctly show all existing and proposed easements. Any omission or misrepresentation of these documents may require said plan to be resubmitted for further consideration.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 700
Menifee Mayor and City Council November 20, 2024 Page 1546 of 2294
87. Plan Check Submittals – Appropriate plan check submittal forms shall be completed and submittal check list provided that includes required plan copies, necessary studies / reports, references, fees, deposits, etc. Prior to final approval of improvement plans by the Public Works / Engineering Department, the developer / property owner shall submit to the Public Works / Engineering Department CAD layers of all improvements to be maintained by the City (pavement, sidewalk, streetlights, etc.). A scanned image of all final approved grading and improvement plans on a Universal Serial Bus (USB) drive, also known as a “flash” drive or “thumb” drive, shall be submitted to the Public Works / Engineering Department, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and .dbf) or (c) Geodatabase (made up of ESRI extension .gdb). CAD files created with the latest version shall only be accepted if approved by the Public Works Director / City Engineer. GIS and ACAD files 2004 or later are required for all final maps upon approval.
88. Final Map Submittal Process – Appropriate final map plan check submittal forms shall be completed and appropriate fees or deposits paid. Prior to approval of the final map by the City Council, the developer / property owner shall provide along with the final map mylars, electronic files of the final map on Compact Disc (CD), in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and .dbf) and (c) Geodatabase (made up of ESRI extension .gdb). CAD files created with the latest version shall only be accepted if approved by the Public Works Director / City Engineer.
89. Plan Approvals – Improvement plans and grading plans shall be submitted with necessary supporting documentation and technical studies (hydrology, hydraulics, traffic impact analysis, geotechnical studies, etc.) to the Public Works / Engineering Department for review and approval. All submittals shall be signed and date stamped by the Engineer of Record.
The plans must receive Public Works / Engineering Department approval prior to issuance of any applicable permit as determined by the Public Works Director / City Engineer. All submittals shall include a completed City Fee or Deposit Based Worksheet and the appropriate plan check. For improvements proposed to be owned and maintained by the Riverside County Flood Control and Water Conservation District, improvement plans must receive district approval prior to Building permit issuance or as determined by the District.
All required improvement plans and grading plans must be approved by the Public Works Engineering Department prior to issuance of any construction and/or grading permit, whichever comes first and as determined by the Public Works Director. Supporting City approved studies including, but not limited to, hydrologic and hydraulic studies and traffic studies must be provided prior to approval of plans. All required Citywide Community Facilities District (CFD) landscape plans must be approved prior to building permit issuance.
90. As-Built Plans – Upon completion of all required improvements, the developer/property owner shall cause the civil engineer of record to prepare as-builts of all project plans, and submit project base line of work for all layers on a USB drive to the Public Works / Engineering Department, in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and .dbf) or (c) Geodatabase (made up of ESRI extension .gdb). The timing for submitting the as-built plans shall be as determined by the Public Works Director / City Engineer, and prior to Acceptance of improvements and Performance security/bond release.
91. Construction Times of Operation – The developer / property owner shall monitor, supervise, and control all construction and construction related activities to prevent them from causing a public nuisance including, but not limited to, strict adherence to the following:
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 701
Menifee Mayor and City Council November 20, 2024 Page 1547 of 2294 a. Construction activities shall comply with City of Menifee ordinances relating to construction noise. Any construction within the City limits located 1/4 of a mile from an occupied residence shall be permitted Monday through Saturday, except on nationally recognized holidays, 7:00 a.m. to 7:00 p.m. in accordance with Municipal Code Section
8.01.020. There shall be no construction permitted on Sunday or nationally recognized holidays unless prior approval is obtained from the City Building Official or City Engineer.
b. Removal of spoils, debris, or other construction materials deposited on any public street no later than the end of each working day.
c. The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. Violation of any condition or restriction or prohibition set forth in these conditions shall subject the owner, applicant to remedies as set forth in the City Municipal Code. In addition, the Public Works Director / City Engineer or the Building Official may suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions until such a time it has been determined that all operations and activities are in conformance with these conditions.
d. A Pre-Construction meeting is mandatory with the City’s Public Works Inspection team prior to permit issuance and the start of any construction activities for this site.
92. Dry Utility Installations – Electrical power, telephone, communication, traffic signal, street lighting, and cable television conduits and lines shall be placed underground in accordance with current City Ordinances 460 and 461, and as approved by the Public Works Director / City Engineer. This applies also to existing overhead lines which are 33.6 kilovolts or below along the project frontage and within the project boundaries. In cases where 33.6kV or below lines are collocated with high voltage lines (for example, 115kV), the low voltage lines shall be placed underground even when the high voltage lines are exempt from relocation or undergrounding in accordance with City standards and ordinances. Exemption from undergrounding low voltage lines shall only be by the Public Works Director / City Engineer or as directed by the City Council.
93. All grading activities shall conform to the latest adopted edition of the California Building Code, City Grading Ordinance, Chapter 8.26, applicable City design standards and specifications, City ordinances, policies, rules and regulations governing grading in the City.
94. Regulations and Ordinance on Grading Within the City – In addition to compliance with City Chapter 8.26, grading activities shall also conform to the latest edition of the California Building Code, City General Plan, other City Ordinances, City design standards and specifications and all other relevant laws, rules and regulations governing grading in the City of Menifee. Prior to commencing any grading, clearing, grubbing or any topsoil disturbances, the applicant shall obtain a grading permit from the Public Works / Engineering Department.
Grading activities that are exempt from a grading permit as outlined by the City ordinance may still require a grading permit by the Public Works Director / City Engineer when deemed necessary to prevent the potential for adverse impacts upon drainage, sensitive environmental features, or to protect property, health safety, and welfare.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 702
Menifee Mayor and City Council November 20, 2024 Page 1548 of 2294
95. Dust Control – All necessary measures to control dust shall be implemented by the developer during grading. Fugitive dust shall be controlled in accordance with Rule 403 of the California Air Quality Control Board.
96. 2:1 Maximum Slope – Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by the Public Works / Engineering Department.
97. Slope Setbacks – Observe slope setbacks from buildings and property lines per the California Building Code and City ordinance on grading.
98. Slope Landscaping and Irrigation – All slopes greater than or equal to 3 feet in vertical height shall be irrigated and landscaped with grass or ground cover. All manufactured slopes shall be irrigated and landscaped with grass or approved ground cover, and shall have some type of drainage swale at the toe of the slope to collect runoff. Slopes exceeding 15 feet in vertical height shall be irrigated and planted with shrubs and/or trees per City Grading Ordinance Chapter 8.26. Drip irrigation shall be used for all irrigated slopes.
99. Slope Erosion Control Plan - Erosion control and/or landscape plans are required for manufactured slopes greater than 3 feet in vertical height. The plans shall be prepared and signed by a licensed landscape architect and bonded per applicable City ordinances. 100. Slope Stability Report – A slope stability report shall be submitted to the Public Works / Engineering Department for all proposed cut and fill slopes steeper than 2:1 (horizontal:vertical) or over 20 feet in vertical height, unless addressed in a previously city approved report.
101. Erosion Control Plans – All grading plans shall require erosion control plans prior to approval. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage facilities. Plans showing erosion control measures may be included as part of the grading plans or submitted as a separate set of plans for city review and approval. Graded but undeveloped land shall provide, in addition to erosion control planting, any drainage facilities deemed necessary to control or prevent erosion. Erosion and sediment control Best Management Practices (BMPs) are required year-round in compliance with all applicable City of Menifee Standards and Ordinances and the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit from the California State Water Resources Control Board (SWRCB). Additional Erosion protection may be required during the rainy season.
102. Water Quality Management Plan (WQMP) – All grading plans shall require an approved copy of the Water Quality Management Plan sheet per the approved WQMP, executed report. The developer / property owner shall comply with the requirements of the WQMP report, the NPDES municipal permit in force, and City standards and specifications. 103. Design Grade Criteria – Onsite parking areas shall be designed in accordance with the current version of City of Menifee Standards and Specifications. Non-compliance may require a redesign of the project. Significant redesigns may require a revised Plot Plan. The following design grade criteria shall be followed:
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 703
Menifee Mayor and City Council November 20, 2024 Page 1549 of 2294 a. On-Site Parking – Where onsite parking is designed, such as in common areas, parking stalls and driveways shall not have grade breaks exceeding 4%. A 50’ minimum vertical curve shall be provided where grade breaks exceed 4%. Five percent grade is the maximum slope for any parking area. Where Americans with Disabilities Act (ADA) requirements apply, the ADA requirement shall prevail. b. Down Drains - Concrete down drains that outlet onto parking lot areas are not allowed.
Drainage that has been collected in concrete ditches or swales should be collected into receiving underground drainage system, or should outlet with acceptable velocity reducers into BMP devises.
c. Pavement - Permeable pavement requires the layers of filter material to be installed relatively flat. As such, the permeable pavement areas should have a maximum surface gradient of 2%,or approved by the Public Works Director/City Engineer. 104. Drainage Grade – Minimum drainage design grade shall be 1.5% except on Portland cement concrete surfaces, where 0.50% shall be the minimum for concentrated flow conveyance (for example, ribbon gutters ). The engineer of record must submit a variance request for design grades less than 1% with a justification for a lesser grade. 105. Finish Grade – Shall be sloped to provide proper drainage away from all exterior foundation walls in accordance with City of Menifee Standard Plan 300. 106. Use of Maximum and Minimum ADA Grade Criteria – Actual field construction grades shall not exceed the minimum and maximum grades for ADA and approved project grading design, to allow for construction tolerances. Any improvement that is out of the minimum and maximum values will not be accepted by the City Inspector and will need to be removed and replaced at developer’s or owner’s expense.
107. Licensed Geotechnical Engineer – A California licensed Geotechnical Engineer shall perform final determination of the foundation characteristics of soils within on-site development areas, and per the approved geotechnical report reviewed and approved by the City.
108. Retaining Walls – Sections, which propose retaining walls, will require separate permits.
They shall be obtained prior to issuance of any other building permits – unless otherwise approved by the Building Official and/or the Public Works Director / City Engineer. The walls shall be designed by a licensed civil engineer and conform to City Standards. The plans shall include plan and profiles sheets.
109. Trash Racks – Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris.
110. Riverside County Flood Control and Water Conservation District (RCFCWCD) Encroachment Permit Required – An Encroachment Permit Is required for any work within District right of way or any connection to District facilities. The Encroachment Permit application shall be processed and approved concurrently with the improvement plans. 111. RCFCWCD Submittal of Plans – A copy of the project specific WQMP, improvement plans, grading plans, BMP improvement plans and any other necessary documentation along with supporting hydrologic and hydraulic calculations (drainage report) shall be submitted to Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 704
Menifee Mayor and City Council November 20, 2024 Page 1550 of 2294 the District as reference material for the review and approval of the final drainage report and storm drain plans that propose construction of storm drain facilities that will be owned and maintained by the District.
112. Grading Permit for Clearing and Grubbing – City ordinance on grading requires a grading permit prior to clearing, grubbing, or any topsoil disturbances related to construction grading activities.
113. Compliance with NPDES General Construction Permit – The developer/property owner shall comply with the National Pollutant Discharge Elimination System (NPDES) General Construction Permit (GCP) from the State Water Resource Control Board (SWRCB).
This is in addition to the Municipal permit governing design, WQMPs, and permanent BMPs.
Prior to approval of the grading plans or issuance of any grading permit, the developer/property owner shall obtain a GCP from the SWRCB. Proof of filing a Notice of Intent (NOI) and monitoring plan, shall be submitted to the City; and the WDID number issued by the SWRCB shall be reflected on all grading plans prior to approval of the plans. For additional information on how to obtain a GCP, contact the SWRCB. 114. SWPPP – Prior to approval of the grading plans, the developer/property owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the development. The developer/property owner shall be responsible for uploading the SWPPP into the State’s SMARTS database system and shall ensure that the SWPPP is updated to constantly reflect the actual construction status of the site. A copy of the SWPPP shall be made available at the construction site at all times until construction is completed. The SWRCB considers a construction project complete once a Notice of Termination (NOT) has been issued by SWRCB. The City will require submittal of NOTs for requests to fully release associated grading bonds.
115. SWPPP for Inactive Sites – The developer/property owner shall be responsible for ensuring that any graded area that is left inactive for a long period of time has appropriate SWPPP BMPs in place and in good working conditions at all times until construction is completed and the Regional Board has issued a Notice of Termination (NOT) for the development.
116. Import/Export – In instances where a grading plan involves import or export, prior to obtaining a grading permit, the developer/property owner shall have obtained approval for the import/export location from the Public Works / Engineering Department. If an Environmental Assessment did not previously approve either location, a Grading Environmental Assessment shall be submitted to the Planning Director for review and comment and to the Public Works Director / City Engineer for approval. Additionally, if the movement of import/export occurs using City roads, review, and approval of the haul routes by the Public Works / Engineering Department will be required. Import or export materials shall conform to the requirements of Chapter 8.26.
117. Offsite Grading Easements – Prior to the issuance of a grading permit, the developer/property owner shall obtain all required easements and/or permissions to perform offsite grading, from affected land owners. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works Engineering Department.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 705
Menifee Mayor and City Council November 20, 2024 Page 1551 of 2294 118. Offsite Property and Right of Way – The developer / property owner shall be responsible for acquiring any offsite real property interests that may be required in connection with the development project. Prior to the issuance of a grading permit, the developer shall obtain all required ROW, easements and / or permissions to perform offsite grading, from all affected landowners.
119. Increased Runoff Criteria – The development of this site would increase peak flow rates on downstream properties. Mitigation shall be required to offset such impacts..
A complete drainage study including, but not limited to, hydrologic and hydraulic calculations for the proposed detention basin shall be submitted to the City for review and approval.
Where possible and feasible the onsite flows should be mitigated before combining with offsite flows to minimize the size of the detention facility required.
No outlet pipe(s) will be less than 18" in diameter. Where necessary an orifice plate may be used to restrict outflow rates. Appropriate trash racks shall be provided for all outlets less than 48" in diameter.
The outlet structure(s) must be capable of passing the 100-year storm without damage to the facility.
A viable maintenance mechanism, acceptable to the City should be provided for any flood control facilities to be owned and maintained by the City. Any facilities proposed to be owned by the District, should be provided with a viable maintenance mechanism acceptable to the City and the District. For the City this would be the citywide CFD. Facilities to remain private shall be maintained by commercial property owners association or homeowners associations.
120. Site Drainage – Positive drainage of the site shall be provided, and water shall not be allowed to pond behind or flow over cut and fill slopes. Where water is collected and discharged in a common area, protection of the native soils shall be provided by planting erosion resistant vegetation, as the native soils are susceptible to erosion by running water.
All cut and fill slopes shall have a maximum 2:1 (H:V) grade, 2 horizontal to 1 vertical. 121. Alteration of Drainage Patterns – Prior to grading permit issuance or approval of improvement plans, the final engineering plans submitted by the applicant shall address the following: The project drainage system shall be designed to accept and properly convey all on- and off-site drainage flowing on or through the site. The project drainage system design shall protect downstream properties from any damage caused by alteration of drainage patterns such as concentration or diversion of flow. Concentrated drainage on commercial lots shall be diverted through parkway drains under sidewalks. 122. 100 Year Storm – The 100-year storm flow shall be contained within the street top of curb. 123. 100 Year Drainage Facilities – All drainage facilities shall be designed to accommodate 100-year storm flows as approved by the City of Menifee Public Works / Engineering Department.
124. 100 Year Design Criteria – In final engineering and prior to grading permit issuance, subsurface storage systems shall be designed with emergency overflow inlets to mitigate Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 706
Menifee Mayor and City Council November 20, 2024 Page 1552 of 2294 flows in excess of the 100-year storm event in a controlled manner to the satisfaction of the Public Works / Engineering Department.
125. 100 Year Sump Outlet – Drainage facilities outletting sump conditions shall be designed to convey the tributary 100-year storm flows. Additional emergency escape shall also be provided.
126. Coordinate Drainage Design – Development of this property shall be coordinated with the development of adjacent properties to ensure that watercourses remain unobstructed, and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsite construction and grading. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the Public Works / Engineering Department for review.
127. Interceptor Drain Criteria/Guidelines – The criteria for public maintenance access of terrace/interceptor is as follows: flows between 1-5 cfs shall have a 5-foot wide access road, flows between 6-10 cfs shall be a minimum 6-foot rectangular channel. Terrace/interceptor drains are unacceptable for flows greater than 10 cfs. Flows greater than 10 cfs shall be brought to the street. These guidelines may be modified by the City Engineer/Public Works Director. This condition shall not apply to privately maintained facilities. 128. BMP – Energy Dissipators: Energy Dissipators, such as rip-rap, shall be installed at the outlet of a storm drain system that discharges runoff flows into a natural channel or an unmaintained facility. The dissipators shall be designed to minimize the amount of erosion downstream of the storm drain outlet.
129. Trash Racks – Trash Racks shall be installed at all inlet structures that collect runoff from open areas with potential for large, floatable debris.
130. Perpetuate Drainage Patterns – The property's street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage areas, outlet points and outlet conditions. Otherwise, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the City for review and approval.
131. Perpetual Drainage Patterns – Grading shall be designed in a manner that perpetuates the existing natural drainage patterns and conditions with respect to tributary drainage areas and outlet points. Where these conditions are not preserved, necessary drainage easements shall be obtained from all affected property owners for the release onto their properties of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the Public Works / Engineering Department for review. 132. Protection of Downstream Properties – The developer/property owner shall protect downstream properties from damages that can be caused by alteration of natural drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and securing necessary drainage easements.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 707
Menifee Mayor and City Council November 20, 2024 Page 1553 of 2294 133. Drainage Runoff Emergency Escape – An emergency escape path shall be provided for the stormwater runoff at all inlets for the proposed underground facilities in the event that the inlets become blocked in any way. To prevent flood damage to the proposed structures, all proposed structures in the vicinity of the inlets and along the emergency escape path shall be protected from flooding by either properly elevating the finished floor in relation to the inlets and flow path or by making sure the structures are set back from the inlets to provide adequate flow through area in the event the emergency escape of the stormwater runoff is necessary.
134. Storm Drain Lines 36” and larger – All proposed storm drain lines greater than 36" in diameter may be considered for ownership and maintenance by the Flood Control District.
The applicant shall enter into a cooperative agreement with the Flood Control District regarding the terms of the design, construction and operation of facilities proposed for ownership by the Flood Control District.
135. No Building Permit without Legal Lot – Prior to issuance of any building permit, the developer / property owner shall ensure that the underlying parcels for such buildings are complying with City Ordinances, Codes, and the Subdivision Map Act. 136. No Building Permit Prior to Parcel Map Recordation – Prior to issuance of any building permit, the developer / property owner shall record the parcel map. 137. No Building Permit without Grading Permit – Prior to issuance of any building permit for any new structure or appurtenance, the developer/property owner shall obtain a grading permit and/or approval to construct from the Public Works Engineering Department. 138. Final Rough Grading Conditions – Prior to issuance of each building permit, the developer/property owner shall cause the Civil Engineer of Record and Soils Engineer of Record for the approved grading plans, to submit signed and wet stamped rough grade certification and compaction test reports with 90% or better compaction. The certifications shall use City approved forms and shall be submitted to the Public Works Engineering Department for verification and acceptance.
139. Conformance to Elevations/Geotechnical Compaction – Rough grade elevations for all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical/soils report. 140. Final Grade Certification – The developer/property owner shall cause the Civil Engineer of Record for approved grading plans, to submit signed and wet stamped final grade certification on City-approved form, for each building requesting a certificate of occupancy.
The certification shall be submitted to the Public Works Engineering Department for verification and acceptance.
141. Conform to Elevations – Final grade elevations of all building or structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical/soils report. 142. Plant & Irrigate Slopes – All manufactured slopes shall be irrigated and landscaped with grass or approved ground cover and shall have some type of drainage swale at the toe of Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 708
Menifee Mayor and City Council November 20, 2024 Page 1554 of 2294 the slope to collect runoff. Slopes greater than or equal to 3’ in vertical height shall have erosion control measures provided. Slopes that exceed 15’ in vertical height are to be planted with additional shrubs and trees as approved by the Public Works / Engineering Department.
Drip irrigation shall be provided for all irrigated slopes. 143. Street Design Standards – Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, Ordinances, and all other relevant laws, rules and regulations governing street construction in the City. 144. Concrete Work – All concrete work including curbs, gutters, sidewalks, driveways, cross gutters, catch basins, manholes, vaults, etc. shall be constructed to meet a 28-day minimum concrete strength of 3,250 psi.
145. Intersection Geometrics – All final intersection geometrics may be modified in final engineering as approved by the Public Works Director / City Engineer. 146. Intersection / 50-Foot Tangent – All centerline intersections shall be at ninety (90) degrees, plus or minus five (5) degrees, with a minimum fifty (50) foot tangent for local roads and one hundred (100) foot tangent, measured from flow line / curb face or as approved by the Public Works Director / City Engineer.
147. ADA Compliance – ADA path of travel shall be designed at the most convenient accesses.
148. Public Streetlights Service Points – All proposed public streetlights shall be provided with necessary appurtenances and service points for power, separate from privately owned streetlights. The developer/property owner shall coordinate with the PW Department and with Southern California Edison the assignment of addresses to streetlight service points. Service points for proposed public streetlights shall become public and shall be located within public right of way or within duly dedicated public easements. 149. CFD Maintenance – The property owner shall file for annexation or inclusion into the CFD for street sweeping services, street pavement maintenance, landscaping, street lighting, etc. 150. Offsite Grading – A notarized and recorded agreement, or City-approved documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department.
151. Street Name Sign – The developer/property owner shall install street name sign(s) in accordance with applicable City Standards, or as directed by the Public Works / Engineering Department.
152. Traffic Signal Control Devices – All new traffic signals and traffic signal modifications required for construction by this development project shall include traffic signal communication infrastructure, network equipment, and Advanced Traffic Management System (ATMS) license software. Said traffic signal control devices shall be submitted with the traffic signal design plans and shall be approved by the Public Works Director / City Engineer, prior to testing of a new traffic signal. Traffic signal poles shall be placed at the ultimate locations when appropriate.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 709
Menifee Mayor and City Council November 20, 2024 Page 1555 of 2294 153. Cost participation through Payment of TUMF and DIF for Improvements – The developer/property owner’s TUMF and DIF payment obligations shall be considered as cost participation for Project’s required offsite improvements only when the offsite improvements for which credits are claimed, are eligible TUMF and/or DIF facilities at time of TUMF and DIF payments. Determination for TUMF credits shall be at the discretion of the Western Riverside Council of Governments (WRCOG), the governing authority, which shall include entering a three party TUMF Credit Agreement with the developer, WRCOG and the City of Menifee. Developer shall be eligible, and may apply, for DIF fee credits and reimbursements for facilities that it will construct which are within the DIF program, including entering into a DIF Credit and Reimbursement Agreement with the City of Menifee. 154. Improvement Bonds – Prior to improvement plan approval and issuance of any construction permit for all required onsite and offsite public improvements, the developer/project owner shall enter into a bond agreement and post acceptable bonds or security, to guarantee the completion of all required improvements. The bonds shall be in accordance with all applicable City ordinances, resolutions, and municipal codes. 155. Encroachment Permits – The developer/property owner shall obtain all required encroachment permits and clearances prior to start of any work within City, State, or local agency right-of-way.
156. Annexation to the CFD (CFD 2017-1) –The developer/property owner shall complete the annexation of the proposed development into the boundaries of the City of Menifee CFD.
The CFD shall be responsible for the following:
• The maintenance of public improvements or facilities that benefit this development, including but not limited to, public landscaping, streetlights, traffic signals, streets, pavement maintenance, , street sweeping, , graffiti abatement, and other public improvements or facilities as approved by the Public Works Director.
The developer/property owner shall be responsible for all costs associated with the annexation of the proposed development in the CFD.
157. Assessment Segregation – Should this project lie within any assessment/benefit district, the applicant shall, prior to any building permit issuance, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district. 158. Landscape Improvement Plans for CFD Maintenance – Landscape improvements within public ROW and/or areas dedicated to the City for the citywide CFD to maintain shall be prepared on separate City CFD plans for review and approval by the Public Works / Engineering Department. The plans may be prepared as one plan for the entire development as determined by the PW Director. When necessary, as determined by the PW Director, a separate WQMP construction plan on City title block maybe required for review and approval by the Public Works / Engineering Department prior to issuance of a grading permit. 159. Parkway Landscaping Design Standards – The parkway areas behind the street curb within the public’s right-of-way shall be landscaped and irrigated per City standards and guidelines.
160. CFD Landscape Guidelines and Improvement Plans – All landscape improvements for maintenance by the CFD shall be designed and installed in accordance with City CFD Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 710
Menifee Mayor and City Council November 20, 2024 Page 1556 of 2294 Landscape Guidelines, and shall be drawn on a separate improvement plan on City title block. The landscape improvement plans shall be reviewed and approved by the Public Works / Engineering Department prior to issuance of a construction permit. 161. Maintenance of CFD Accepted Facilities – All landscaping and appurtenant facilities to be maintained by the citywide CFD shall be built to City standards. The developer shall be responsible for ensuring that landscaping areas to be maintained by the CFD have its own controller and meter system, separate from any private controller/meter system.
PROJECT-SPECIFIC CONDITIONS OF APPROVAL
A. GRADING
Prior to Grading Permit Issuance:
162. The following geotechnical report and related documentation was reviewed and conditionally approved by the City:
a. Response to Review Comment, prepared by GeoTek, Inc., dated March 17, 2022. b. Geotechnical and Infiltration Evaluation For Proposed Warehouse Project, APN’s 330-190-002, -003, -004, -005, -010, -011, and -012, Kuffel Road and Wheat Street, Menifee, Riverside County, California, Project No. 2761-CR, prepared by GeoTek, Inc., dated June 14, 2021.
163. A final geotechnical report or supplemental report shall be prepared and submitted during final engineering. This final or supplemental report shall define the specific traffic loading information that is applicable to this project and establish a final pavement design that is based on this traffic loading information. Under no circumstances shall the final pavement design be less than the City standards. The final geotechnical report or supplemental report must be reviewed and approved by the Public Works / Engineering Department prior to the issuance of a grading permit.
164. Two copies of the City-approved final geotechnical / supplemental report and related documentation shall be provided to the Public Works / Engineering Department with the initial submittal of a grading plan. The developer / property owner shall comply with the recommendations of the final geotechnical / supplemental report and City standards and specifications. All grading shall be performed in accordance with the recommendations of the final geotechnical / supplemental report, and under the general direction of a licensed geotechnical engineer.
165. Grading Bonds – Prior to commencing any grading of 50 or more cubic yards of dirt, the applicant shall obtain a grading permit from the Public Works / Engineering Department. Prior to issuance of the permit, adequate performance grading security shall be posted by the developer / property owner with the Public Works / Engineering Department. 166. Import / export – In instances where a grading plan involves import or export, prior to obtaining a grading permit, the developer / property owner shall have obtained approval for the import / export location from the Public Works / Engineering Department. The proposed import / export shall conform with City standards and ordinances, including environmental requirements, and submitted to the Public Works Director / City Engineer for approval.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 711
Menifee Mayor and City Council November 20, 2024 Page 1557 of 2294 Additionally, if the movement of import / export occurs using City roads, review and approval of the haul routes by the Public Works / Engineering Department will be required. Import or export materials shall conform with City standards and ordinances. 167. Offsite Grading – Prior to the issuance of a grading permit, it shall be the sole responsibility of the developer / property owner to obtain all proposed or required easements and / or permissions necessary to perform offsite grading, from affected landowners; including any off-site grading to construct the necessary transitions. Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department.
Prior to Building Permit Issuance:
168. Submit Plans – A copy of the improvement plans, grading plans, BMP improvement plans, and any other necessary documentation along with supporting hydrologic and hydraulic calculations shall be submitted to the Public Works / Engineering Department for review. All submittals shall be date stamped by the engineer and include a completed City Deposit or Fee Based Worksheet and the appropriate plan check fee or deposit. 169. No Building Permit Without Legal Lot – Prior to issuance of any building permit, the developer / property owner shall ensure that the underlying parcels for such buildings are complying with City Ordinances, Codes, and the Subdivision Map Act. 170. Parcel Map – The proposed development includes eight (8) parcels. Prior to issuance of any building permit, the developer / project owner shall consolidate these parcels into a parcel map. The parcel map shall be submitted to the Public Works / Engineering Department for review and approval prior to recordation. (See also the Tentative Parcel Map conditions of approval for this project.)
171. No Building Permit without Grading Permit - Prior to issuance of any building permit for any new structures or appurtenances, the developer / property owner shall obtain a grading permit and / or approval to construct from the Public Works / Engineering Department.
172. Final Rough Grading Conditions – Prior to issuance of a building permit for any new structures or appurtenances, the developer / property owner shall cause the Civil Engineer of Record and Soils Engineer of Record for the approved grading plans, to submit signed and wet stamped rough grade certification and compaction test reports with 90% or better compaction, for the lots for which building permits are requested. The certifications shall use City approved forms, and shall be submitted to the Public Works / Engineering Department for verification and acceptance.
173. Conformance to Elevations / Geotechnical Compaction - Rough grade elevations for all building pads and structure pads submitted for grading plan check approval shall be in substantial conformance with the elevations shown on approved grading plans. Compaction test certification shall be in compliance with the approved project geotechnical/soils report.
Prior to Issuance of Any Certificate of Occupancy:
174. Final Grade Certification – The developer / property owner shall cause the Civil Engineer of Record for the approved grading plans, to submit a signed and wet-stamped final grade Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 712
Menifee Mayor and City Council November 20, 2024 Page 1558 of 2294 certification, on City approved form, for each building for which a certificate of occupancy is requested. The certification shall be submitted to the Public Works / Engineering Department for verification and acceptance.
175. Conform to Elevations - Final grade elevations of all building or structure finish floors submitted for grading plan check approval shall be in substantial conformance with the elevations shown on the approved grading plans.
176. Plant & Irrigate Slopes – All manufactured slopes shall be irrigated and landscaped with grass or approved ground cover, and shall have some type of drainage swale at the toe of the slope to collect runoff. Slopes greater than or equal to 3’ in vertical height shall have erosion control measures provided. Slopes that exceed 15’ in vertical height are to be planted with additional shrubs and trees as approved by the Public Works / Engineering Department.
Drip irrigation shall be provided for all irrigated slopes.
B. DRAINAGE
177. Drainage Study – The following preliminary drainage study was reviewed and approved by the City:
a. Preliminary Drainage Study, prepared by Albert A. Webb Associates, dated October 2021.
Two copies of a final drainage study shall be submitted to the City for review and approval.
The study shall analyze, at a minimum, the following:
• Project site drainage flow.
• All future improvements drainage flow.
• Q10, Q100, pre- and post- condition flow rates.
• Anticipated total drainage flow into existing storm drain and existing storm drain capacity.
• Total drainage flow into and capacity of proposed storm drain and water quality management facilities / BMPs.
The final drainage study shall also be consistent with the approved final water quality management plan (FINAL WQMP).
The project shall comply with all mitigation recommended by the approved drainage study.
A fee for review of the Drainage Study shall be paid to the City, the amount of which shall be determined by City at first submittal of report.
178. Area Drainage Plan (ADP) Fees - The proposed development is located within the bounds of the Homeland / Romoland ADP of the Riverside County Flood Control and Water Conservation District (Flood Control District), for which drainage fees have been established by the Riverside County Board of Supervisors. Applicable ADP fees will be due (in accordance with the Rules and Regulations for Administration of Area Drainage Plans) prior to building permits for this project. The fee due will be based on the fee in effect at the time of payment.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 713
Menifee Mayor and City Council November 20, 2024 Page 1559 of 2294 179. Master Drainage Plan (MDP) – The proposed development is located within the bounds of the Homeland / Romoland MDP of the Flood Control District. 180. Proposed Drainage Concept - The project will generate onsite and offsite drainage flows.
Onsite drainage will flow northerly from the southern boundary of the site to a bioretention / water quality basin at the northern boundary of the site by means of concrete ribbon gutters and a network of onsite storm drain pipe. Offsite drainage from the south will be collected by concrete v-gutters along the retaining wall near the southern boundary of the site and then redirected on both sides of the site to the proposed curb and gutter along Wheat Street and Byers Road.
Stormwater runoff from the street improvements along Wheat Street (centerline to the proposed eastern right of way) will enter a proposed catch basin located at the southeast corner of intersection of Wheat Street and Kuffel Road. Similarly, stormwater from the street improvements along Byers (centerline to the proposed western right of way) will enter a proposed catch basin located at the southeast corner of the intersection of Byers Road and Kuffel Road. Runoff from the south half of the street improvements along Kuffel Road (centerline to the proposed southern right of way) between Wheat Street and Byers Road will also be intercepted by proposed catch basins. Proposed water quality facilities will treat low flows prior to each catch basin, with high flows and treated low flows entering a proposed offsite storm drain lines that all gravity flow to Romoland MDP Line A-14a in Byers Road of the Homeland / Romoland MDP and then discharge directly into the Line A channel of the Homeland / Romoland MDP before discharging to the San Jacinto River.
Drainage from additional impervious area that results from the offsite street improvements will have to be treated and conveyed in accordance with City ordinances and codes and State regulations.
181. Completion of Drainage Improvements - All onsite and offsite water quality / drainage systems must be constructed and operational prior to the issuance of any certificate of occupancy.
182. 10 Year Curb – 100 Year Right-of-Way - The 10-year storm flow shall be contained within the top of curb, and the 100-year storm flow shall be contained within the street right-of-way.
When either of these criteria is exceeded, additional drainage facilities shall be installed. The property shall be graded to drain to the adjacent street or an adequate outlet. 183. 100 Year Drainage Facilities - All drainage facilities shall be designed to accommodate 100-year storm flows as approved by the City of Menifee Public Works / Engineering Department.
184. 100 Year Design Criteria - In final engineering and prior to grading permit issuance, subsurface drainage/BMP facilities shall be designed with emergency overflow inlets to mitigate flows in excess of the 100-year storm event in a controlled manner to the satisfaction of the Public Works / Engineering Department.
185. 100 Year Sump Outlet - Drainage facilities outletting sump conditions shall be designed to convey the tributary 100-year storm flows. Additional emergency escape shall also be provided.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 714
Menifee Mayor and City Council November 20, 2024 Page 1560 of 2294 186. On-Site Storm Drain System - Prior to issuance of a grading permit, the proposed onsite storm drain system shall be designed such that any ponding in the 100-year storm, shall be contained within the site; it shall not encroach onto any adjacent property, and shall maintain a minimum 1-foot freeboard to the proposed building pad elevation. The 100-year storm flow from the site shall not flow over the proposed parkway or within the driveway approach.
C. LANDSCAPING
187. Maintenance of Landscaping – All private landscaping shall be maintained by the individual property owner, or as otherwise established by Covenants, Conditions, and Restrictions (CC&Rs). All landscaping, and similar improvements not properly maintained by the individual property owner must be annexed into a CFD, or other mechanism as determined by the City of Menifee.
D. STREETS AND DEDICATIONS
188. Street Improvements – Street improvements shall conform to all applicable City Design Standards and Specifications, the City General Plan, and all other relevant laws, rules and regulations governing street construction in the City. The development includes improvements to Wheat Street, Byers Road, and Kuffel Road along the project frontage.
Turning movements at driveways will be as approved by the Public Works Director / City Engineer. The developer / property owner shall obtain all right-of-way necessary to accommodate the required improvements.
a. Wheat Street – Wheat Street shall be improved along the project frontage to an Industrial Collector (2-lane) designation with an ultimate half-width right-of-way of 39 feet, a paved curb-to-centerline width of 28 feet, and an 11-foot landscaped parkway that includes a 6-foot sidewalk. The improvements shall include the necessary offsite transitions to the existing pavement width, as approved by the Public Works Director / City Engineer.. Prior to the issuance of a building permit, the developer shall construct or guarantee the construction of the public street improvements fronting the property to the centerline plus an additional 12 feet past the centerline, including the necessary offsite transitions, as approved by the Public Works Director / City Engineer. The design of the street improvements shall be reviewed and approved by the City Engineer. If needed, it shall be the sole responsibility of the developer / property owner to obtain all proposed or required easements and / or permissions necessary to perform offsite grading, from affected landowners where necessary to construct the street improvements.
Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department. b. Byers Road – Byers Road shall be improved along the project frontage to an Industrial Collector (2-lane) designation with an ultimate half-width right-of-way of 39 feet, a paved curb-to-centerline width of 28 feet, and an 11-foot landscaped parkway that includes a 6-foot sidewalk. The improvements shall include the necessary offsite transitions to the existing pavement width, as approved by the Public Works Director / City Engineer. Class III Community On-Street bike lanes shall also be provided. Prior to the issuance of a building permit, the developer shall construct or guarantee the construction of the public street improvements fronting the property to the centerline plus an additional 12 feet past the median or Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 715
Menifee Mayor and City Council November 20, 2024 Page 1561 of 2294 centerline, including the necessary offsite transitions, as approved by the Public Works Director / City Engineer. The design of the street improvements shall be reviewed and approved by the City Engineer. If needed, it shall be the sole responsibility of the developer / property owner to obtain all proposed or required easements and / or permissions necessary to perform offsite grading, from affected landowners where necessary to construct the street improvements.
Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department. c. Kuffel Road Dedication - The developer / property owner shall construct or guarantee the construction of Kuffel Road fronting the development to the General Local (2 lane) designation with an ultimate half-width Right of Way of 30 feet, 20 feet curb-to-centerline paved width, and a 10-foot landscaped parkway that includes a 6-foot sidewalk. If additional right of way is needed, the developer / property owner shall dedicate the necessary right of way fronting the development. 189. Soils and Pavement Report - Street pavement structural designs shall comply with the recommendations in the City-approved project geotechnical report, and must meet minimum City standards and specifications, as approved by the Public Works Director / City Engineer.
The preliminary pavement design shown on the plans shall be based on R-Value testing of representative soils. The final pavement design shall be performed following grading and be based on R-Value testing of subgrade soils at locations approved by the City’s Public Works Inspector, and the approved Traffic Index (T.I.).
190. Driveways - Final driveway geometrics may be modified in final engineering as approved by the Public Works Director / City Engineer. Driveways shall meet current standard radii on all existing and proposed commercial drive approaches used as access to the proposed development. The developer shall adhere to all City standards and regulations for access and ADA guidelines. As outlined in the following conditions, medians may be required to restrict turning movements for public safety purposes as determined by the Public Works Director / City Engineer.
191. Acceptance of Public Roadway Dedication and Improvements – Easements and rightof way for public roadways shall be granted to the City through an acceptable recordable instrument. The easements shall be submitted to the Public Works / Engineering Department for review and approval prior to recordation.
192. ADA Compliance – ADA path of travel shall be designed at the most convenient accesses and the shortest distance to the buildings in accordance with ADA design standards and to the satisfaction of the Public Works Director / City Engineer and the City Building Official. 193. Paving or Paving Repairs – The applicant shall be responsible for obtaining the paving inspections required by City standards and ordinances. Paving and / or paving repairs for utility street cuts shall be per City of Menifee standards and ordinances and as approved by the Public Works Director / City Engineer.
194. Signing and Striping – A signing and striping plan for Wheat Street and Byers Road is required for this project. The applicant shall be responsible for any additional paving and / or striping removal caused by the striping plan.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 716
Menifee Mayor and City Council November 20, 2024 Page 1562 of 2294 195. Street Light Plan – Street lights requiring relocations, or any required new street lights shall be designed in accordance with current City Standards for LS-3 type streetlights. Street light construction plans shall be prepared as separate plans or combined with the public street improvement plans as approved by the Public Works Director / City Engineer. 196. Street Sweeping and Pavement Maintenance - The property owner shall file for annexation or inclusion into the CFD for street sweeping services and street pavement maintenance.
Prior to Issuance of Building Permit:
197. Encroachment Permits – The developer / property owner shall obtain all required encroachment permits and clearances prior to start of any work within City, State, or local agency right-of-way.
198. Improvement Bonds – Prior to issuance of any construction permit for all required onsite for grading and landscape improvements and offsite public improvements, the developer/project owner shall post acceptable bonds or security to guarantee the construction of all required improvements. The bonds shall be in accordance with all applicable City ordinances, resolutions and municipal codes.
Wheat Street Dedication - The developer / property owner shall construct or guarantee the construction of Wheat Street fronting the development to the Industrial Collector (2 lane) designation with an ultimate half-width Right of Way of 39 feet, 28 feet curb-to-centerline paved width, and an 11-foot landscaped parkway that includes a 6-foot sidewalk. If additional right of way is needed, the developer / property owner shall dedicate the necessary right of way fronting the development.
Byers Road Dedication - The developer / property owner shall construct or guarantee the construction of Byers Road fronting the development to the Industrial Collector (2 lane) designation with an ultimate half-width Right of Way of 39 feet, 28 feet curb-to-centerline paved width, Class III Community On-Street bike lanes, and an 11-foot landscaped parkway that includes a 6-foot sidewalk. If additional right of way is needed, the developer / property owner shall dedicate the necessary right of way fronting the development Prior to Issuance of Any Certificate of Occupancy:
199. Wheat Street Improvements – Improvements on Wheat Street fronting the development shall be completed to the Industrial Collector (2 lanes) designation with an ultimate half-width Right of Way of 39 feet, 28 feet curb-to-centerline paved width, and an 11-foot landscaped parkway that includes a 6-foot sidewalk, prior to issuance of the Certificate of Occupancy.
The improvements shall be adequately transitioned to the existing or proposed street improvements. It shall be the sole responsibility of the developer / property owner to obtain all proposed or required easements and / or permissions necessary to perform offsite grading, from affected landowners where necessary to construct the street improvements.
Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department. 200. Byers Road Improvements – Improvements on Byers Road fronting the development shall be completed to the Industrial Collector (2 lanes) designation with an ultimate half-width Right of Way of 39 feet, 28 feet curb-to-centerline paved width, and an 11-foot landscaped Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 717
Menifee Mayor and City Council November 20, 2024 Page 1563 of 2294 parkway that includes a 6-foot sidewalk, prior to issuance of the Certificate of Occupancy.
The improvements shall be adequately transitioned to the existing or proposed street improvements. It shall be the sole responsibility of the developer / property owner to obtain all proposed or required easements and / or permissions necessary to perform offsite grading, from affected landowners where necessary to construct the street improvements.
Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department. 201. Kuffel Road Improvements – Improvements on Kuffel Road fronting the development shall be completed to the General Local (2-lane) designation with an ultimate half-width rightof-way of 30 feet, a paved curb-to-centerline width of 20 feet, and a 10-foot landscaped parkway that includes a 6-foot sidewalk, prior to issuance of the Certificate of Occupancy.
The improvements shall be adequately transitioned to the existing or proposed street improvements. It shall be the sole responsibility of the developer / property owner to obtain all proposed or required easements and / or permissions necessary to perform offsite grading, from affected landowners where necessary to construct the street improvements.
Notarized and recorded agreement or documents authorizing the offsite grading shall be submitted to the Public Works / Engineering Department. 202. Driveways and Driveway Approaches – Driveways and Driveway Approaches as shown on the approved plot plan shall be designed and constructed prior to issuance of Certificate of Occupancy. The driveways shall be designed and constructed in accordance with City of Menifee standards and specifications and meet spacing requirements as well as other City requirements.
E. TRAFFIC ENGINEERING
203. Traffic Study – The development shall comply with all the improvements and mitigation measures identified to be constructed or provided in the traffic study approved by the Public Works / Engineering Department. The following Traffic Study was reviewed and approved by the City:
a. Traffic Study for the CADO Warehouse Project In the City of Menifee, prepared by Kimley Horn, dated September 2023.
All required improvements and mitigations identified in the City-approved traffic study shall be included in all improvement plans for review and approval by the Public Works / Engineering Department. Additional improvements may be required to address public safety and welfare, as determined by the Public Works Director / City Engineer.
Prior to Issuance of Construction Permit:
204. Sight Distance Analysis – Sight distance analysis shall be conducted at all project roadway entrances for conformance with City sight distance standards. The analysis shall be reviewed and approved by the Public Works Director / City Engineer, and shall be incorporated in the final the grading plans, street improvement plans, and landscape improvement plans.
205. Signing and Striping Plan – Prior to issuance of a construction permit, any necessary signing and striping for Wheat Street and Byers Road or any offsite improvements shall be Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 718
Menifee Mayor and City Council November 20, 2024 Page 1564 of 2294 approved by the Public Works Director / City Engineer in accordance with City ordinances, standards and specifications, and with the latest edition of the CAMUTCD. 206. Driveway Geometrics – Final driveway geometrics may be modified in final engineering as approved by the City Engineer / Public Works Director. Driveways shall meet current standard radii on all existing and proposed commercial drive approaches used as access to the proposed development. The developer shall adhere to all City standards and regulations for access and ADA guidelines.
207. Construction Traffic Control Plan – Prior to start of any project related construction, the developer / property owner shall submit to the Public Works / Engineering Department for review and approval, a Construction Traffic Control Plan in compliance with all applicable City ordinances, standards and specifications, and the latest edition of the CAMUTCD. This traffic control plan shall address impacts from construction vehicular traffic, noise, and dust and shall propose measures to mitigate these effects. The traffic control plan shall include a Traffic Safety Plan for safe use of public roads right of way during construction. The plan shall specify the following mitigation measures to address the following:
a. Dust and dirt fallout from truck loads that gets entrained onto City roadways:
(1) Biweekly street sweeping during construction activity, and daily during all grading operations. (2) Approved BMPs shall be installed at all approved construction entrances as part of the SWPPP.
b. Noise from construction truck traffic: Include construction time and operation of vehicles through surrounding residential streets.
c. Traffic safety within the road right-of-way: Include temporary traffic control measures and devices.
208. Fair Share Cost Estimates – The developer / property owner shall contribute fair share costs for associated intersection geometrics and roadway improvements. A fair share cost estimate shall be prepared by developer / property owner that reflects costs at the time of project construction and be based on conceptual exhibits showing the proposed improvements overlaid onto the existing roadway in order to determine the construction cost of said improvement. The developer / property owner shall submit the conceptual exhibits and cost estimates to the Engineering Department for review, and the cost exhibits shall be approved prior to issuance of an encroachment permit for construction.
Prior to Issuance of Any Certificate of Occupancy:
209. Construction of Roadway Improvements – The developer / property owner shall design and construct the following roadway improvements. The improvements shall be complete prior to any certificate of occupancy.
• Wheat Street Frontage Improvements:
a. Construct Wheat Street as a 2-lane Industrial Collector (78 feet total rightof-way width). The improvements shall extend to the centerline plus an additional 12 feet past the centerline, including the necessary offsite transitions to the existing pavement as approved by the Public Works Director / City Engineer. The design shall be finalized in final engineering.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 719
Menifee Mayor and City Council November 20, 2024 Page 1565 of 2294 b. Modify the existing northbound shared lane to a right-turn only lane, such that no left turns are allowed at the intersection of Wheat Street and Ethanac Road.
• Byers Road Frontage Improvements:
a. Construct Byers Road as a 2-lane Industrial Collector (78 feet total rightof-way width). The improvements shall extend to the centerline plus an additional 12 feet past the centerline, including the necessary offsite transitions to the existing pavement as approved by the Public Works Director / City Engineer. The design shall be finalized in final engineering. • Kuffel Road Frontage Improvements:
a. Construct Kuffel Road as a 2-lane General Local (60 feet total right-of-way width). The improvements shall extend to the centerline plus an additional 12 feet past the centerline, including the necessary offsite transitions to the existing pavement as approved by the Public Works Director / City Engineer. The design shall be finalized in final engineering. • Traffic Signal and Related Improvements at Intersection of Ethanac Road and Byers Road:
a. Install a traffic signal. The traffic signal shall provide protected westbound left-turn phasing.
b. Modify the existing northbound shared lane to a right-turn only lane. c. Add a dedicated northbound left-turn lane.
d. Increase the left-turn pocket length to 350 feet.
• Traffic Signal and Related Improvements at Intersection of Murrieta Road and Ethanac Road:
a. Add a dedicated northbound right-turn lane.
b. Modify the existing traffic signal as follows:
• Add northbound right-turn overlap phasing.
• Modify the northbound / southbound phasing from “split” to “protected”.
c. Add an eastbound right-turn lane.
d. Add a dedicated northbound left-turn lane.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 720
Menifee Mayor and City Council November 20, 2024 Page 1566 of 2294 • Traffic Signal and Related Improvements at Intersection of Evans Road and Ethanac Road:
a. Install a traffic signal. The traffic signal shall provide northbound right-turn overlap phasing.
b. Modify the existing northbound shared lane to a right-turn lane. c. Add a northbound left-turn lane.
210. RBBD Reimbursement for Traffic Signal and Related Improvements at Intersection of Murrieta Road and Ethanac Road – In the event where a Road and Bridge Benefit District (RBBD) is established that includes improvements constructed by this project at the intersection of Murrieta Road and Ethanac Road, the developer / property owner may enter into an RBBD Agreement with the City of Menifee providing reimbursement for applicable improvements in the form of credit to required RBBD payments. In the event where the constructed improvements exceed the project’s RBBD obligations, the project shall receive reimbursement for said improvements upon receipt of RBBD fees from applicable adjacent projects.
211. RBBD Reimbursement for Traffic Signal and Related Improvements at Intersection of Evans Road and Ethanac Road – In the event where a Road and Bridge Benefit District (RBBD) is established that includes improvements constructed by this project at the intersection of Evans Road and Ethanac Road, the developer / property owner may enter into an RBBD Agreement with the City of Menifee providing reimbursement for applicable improvements in the form of credit to required RBBD payments. In the event where the constructed improvements exceed the project’s RBBD obligations, the project shall receive reimbursement for said improvements upon receipt of RBBD fees from applicable adjacent projects.
212. Fair Share Cost Participation for Offsite Improvements – The developer / property owner shall pay fair share costs for the offsite improvements listed below. If a listed improvement is part of the City of Menifee DIF program, then developer / property owner may pay DIF fees, and such payment shall constitute full satisfaction of this fair share condition for that improvement. If an improvement is part of the TUMF program, then developer / property owner may pay TUMF fees, and such payment shall constitute full satisfaction of this fair share condition for that improvement. If an improvement is not part of the DIF or TUMF programs, then the developer / property owner shall pay a fair share cost for that improvement which shall be calculated as set forth in Condition No. 233 based on the percentage of fair share listed below for each improvement:
a. I-215 Southbound Ramps at Ethanac Road: Improve intersection geometrics at a fair share cost of 22.1% of the total cost of the improvements.
The intersection improvements are as follows:
a. Add a second eastbound through lane.
b. Add a second westbound left-turn lane.
c. Modify the southbound approach to provide one left-turn lane, one rightturn lane, and one shared left / thru / right lane.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 721
Menifee Mayor and City Council November 20, 2024 Page 1567 of 2294 d. Add a free eastbound right-turn lane.
b. I-215 Northbound Ramps at Ethanac Road: Improve intersection geometrics at a fair share cost of 15.9% of the total cost of the improvements. The intersection improvements are as follows:
a. Add a second eastbound through lane.
b. Add a second westbound through lane.
c. Add a dedicated westbound right-turn lane.
d. Add a second eastbound left-turn lane.
e. Add a second northbound left-turn lane.
c. Intersection of Trumble Road and Ethanac Road: Improve intersection geometrics at a fair share cost of 5.2% of the total cost of the improvements.
The intersection improvements are as follows:
a. Add a second eastbound through lane.
b. Add a second westbound through lane.
d. Traffic Signal and Related Improvements at Intersection of Sherman Road and Ethanac Road: Improve intersection geometrics at a fair share cost of 5.2% of the total cost of the improvements. The intersection improvements are as follows:
a. Install a traffic signal. The traffic signal shall provide protected left-turn phasing on the eastbound / westbound approaches, as well as split phasing on the northbound / southbound approaches.
b. Add a second eastbound through lane.
c. Add a second westbound through lane.
d. Modify the northbound approach to include a dedicated left-turn lane and a shared left / thru / right lane.
e. Add a dedicated southbound left-turn lane.
f. Add a dedicated eastbound left-turn lane.
g. Add a dedicated westbound left-turn lane.
e. Traffic Signal at Intersection of Murrieta Road and Rouse Road: Improve intersection geometrics at a fair share cost of 10.2% of the total cost of the improvements. The intersection improvements are as follows:
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 722
Menifee Mayor and City Council November 20, 2024 Page 1568 of 2294 a. Install a traffic signal.
f. I-215 Southbound Ramps at McCall Boulevard: Improve intersection geometrics at a fair share cost of 6.4% of the total cost of the improvements.
The intersection improvements are as follows:
a. Add a second southbound right-turn lane.
b. Add a southbound left-turn lane.
g. I-215 Northbound Ramps at McCall Boulevard: Improve intersection geometrics at a fair share cost of 1.9% of the total cost of the improvements.
The intersection improvements are as follows:
a. Add a second northbound right-turn lane.
Additional Improvements – The City Engineer will determine whether the following additional improvements will be constructed or funded through a fair share cost participation by the Developer:
a. Traffic Signal and Related Improvements at Intersection of Murrieta Road and Ethanac Road:
i. Add a dedicated northbound right-turn lane.
ii. Modify the existing traffic signal as follows:
1. Add northbound right-turn overlap phasing.
2. Modify the northbound / southbound phasing from “split” to “protected”.
iii. Add an eastbound right-turn lane.
b. Traffic Signal and Related Improvements at Intersection of Evans Road and Ethanac Road:
i. Install a traffic signal. The traffic signal shall provide northbound right-turn overlap phasing.
ii. Modify the existing northbound shared lane to a right-turn lane. iii. Add a northbound left-turn lane.
213. RBBD Replacement of Fair Share Contributions – In the event where a RBBD is established prior to the fair share contribution requirements, the project’s RBBD obligation shall supersede any applicable fair share requirement.
F. NPDES and WQMP
214. Stormwater Management – All City of Menifee requirements for NPDES and Water Quality Management Plans (WQMP) shall be met per City of Menifee Municipal Code Chapter 15.01 for Stormwater/Urban Runoff Management Program and as determined and approved by the Public Works Director / City Engineer. This project is required to submit a project specific WQMP prepared in accordance with the latest WQMP guidelines approved by the Regional Water Quality Control Board.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 723
Menifee Mayor and City Council November 20, 2024 Page 1569 of 2294 215. Trash Enclosures Standards and Specifications – Storm runoff resulting in direct contact with trash enclosure, or wastewater runoff from trash enclosure are prohibited from running off a site onto the City MS4 without proper treatment. Trash enclosures in new developments and redevelopment projects shall meet new storm water quality standards including:
a. Provision of a solid impermeable roof with a minimum clearance height to allow the bin lid to completely open.
b. Constructed of reinforced masonry without wooden gates. Walls shall be at least 6 feet high.
c. Provision of concrete slab floor, graded to collect any spill within the enclosure. d. All trash bins in the trash enclosure shall be leak proof with lids that are continuously kept closed.
e. The enclosure area shall be protected from receiving direct rainfall or run-on from collateral surfaces.
f. The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access.
Any standing liquids within the trash enclosures without floor drain must be cleaned up and disposed of properly using a mop and a bucket or a wet/dry vacuum machine. All nonhazardous liquids without solid trash may be put in the sanitary sewer as an option, in accordance with Eastern Municipal Water District (EMWD) criteria.
An alternate floor drain from the interior of the enclosure that discharges to the sanitary sewer may be constructed only after obtaining approval from EMWD. This option requires the following:
a. The trash enclosure shall be lockable and locked when not in use with a 2-inch or larger brass resettable combination lock. Only employees and staff authorized by the enclosure property owner shall be given access. This requirement may not be applicable to commercial complexes with multiple tenants.
b. A waterless trap primer shall be provided to prevent escape of gasses from the sewer line and save water.
c. Hot and cold running water shall be provided with a connection nearby with an approved backflow preventer. The spigot shall be protected and located at the rear of the enclosure to prevent damage from bins.
216. SWRCB, TRASH AMENDMENTS - The State Water Resources Control Board (State Board) adopted amendments to the Water Quality Control Plan for Ocean Waters of California and the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries – collectively referred to as the “Trash Amendments.” Applicable requirements per these amendments shall be adhered to with implementation measures, prior to building Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 724
Menifee Mayor and City Council November 20, 2024 Page 1570 of 2294 permit issuance. Projects determined to be within Priority Land Uses as defined in the Trash Amendments, shall provide trash full capture devices to remove trash from all Priority Land Use areas that will contribute storm water runoff to the City of Menifee’s MS4. All trash full capture devices shall be listed on the State Board’s current list of certified full capture devices posted on their website:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/trash_implementation. shtml
All trash full capture devices shall be approved by State or Regional Water Quality Control Board staff. Storm water runoff from privately owned Priority Land Use areas shall be treated by full capture devices located within privately owned storm drain structures or otherwise located on the privately owned property, whenever possible. Runoff from Priority Land Use areas created or modified by the project, and which are proposed to be City owned, shall be treated by full capture devices located within city-owned storm drains or otherwise located within the public right of way.
Prior to Grading Permit Issuance:
217. Final Project-Specific Water Quality Management Plan (Final WQMP) – The following report was reviewed and approved by the City:
a. Project Specific Preliminary Water Quality Management, prepared by Albert A.
Webb Associates, dated October 15, 2021.
Prior to issuance of a grading permit, a FINAL project-specific WQMP in substantial conformance with the approved PRELIMINARY WQMP, shall be reviewed and approved by the Public Works / Engineering Department. Additionally, the FINAL WQMP shall also include the following:
a. A signed Owner’s / Preparer’s Certification.
b. Biotreatment units (Modular Wetlands) in place of the catch basins that are proposed to capture and route the offsite flows to the onsite bioretention basin. c. City-approved construction plans in Appendix 2.
d. The City-approved final geotechnical / supplemental report in Appendix 3. e. The City-approved Phase I ESA in Appendix 4.
f. Design calculations for the biotreatment units in Appendix 6. g. Project-specific source control information in Appendix 8. h. The operation and maintenance plan and documentation of finance, maintenance, and recording mechanisms in Appendix 9.
i. BMP Fact Sheets, maintenance guidelines, and other end-user BMP information in Appendix 10.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 725
Menifee Mayor and City Council November 20, 2024 Page 1571 of 2294 The final developed project construction plans shall implement all structural and nonstructural BMPs specified in the approved FINAL WQMP. One copy of the approved FINAL WQMP on a CD-ROM or USB in PDF format shall be submitted to the Public Works / Engineering Department for review and approval.
218. Revising the FINAL WQMP - In the event the Final WQMP requires design revisions that will substantially deviate from the approved preliminary WQMP, a revised or new WQMP shall be submitted for review and approval by the Public Works / Engineering Department.
The cost of reviewing the revised/new WQMP shall be charged on a time and materials basis.
The fixed fee to review a FINAL WQMP shall not apply, and a deposit shall be collected from the applicant to pay for reviewing the substantially-revised WQMP. 219. WQMP Maintenance Agreement – All water quality features or BMPs that address onsite drainage shall be located within the property limits, and the maintenance shall be the full responsibility of the developer / project owner. Prior to, or concurrent with the approval of the FINAL WQMP, the developer / property owner shall record Covenants, Conditions and Restrictions (CC&R’s) that addresses the implementation and maintenance of proposed WQMP BMPs, or enter into an acceptable maintenance agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP.
Prior to Issuance of Any Certificate of Occupancy:
220. WQMP/BMP Education – Prior to issuance of any Certificate of Occupancy, the developer / project owner shall provide the City proof of notification to future occupants of all BMP’s and educational and training requirements for said BMP’s as directed in the approved FINAL WQMP. Proof of notification shall be provided to the Public Works / Engineering Department in forms determined acceptable by the Public Works Director / City Engineer.
Public Education Program materials may be obtained from the Flood Control District’s NPDES Section through their website at www.rcwatershed.org.
A copy of the notarized affidavit must be placed in the FINAL WQMP. The Public Works / Engineering Department MUST also receive the original notarized affidavit with the plan check submittal in order to clear the appropriate condition. Placing a copy of the affidavit without submitting the original will not guarantee clearance of the condition. 221. Implement WQMP - All structural BMPs described in the FINAL WQMP shall be constructed and installed in conformance with approved plans and specifications. It shall be demonstrated that the applicant is prepared to implement all BMPs described in the approved FINAL WQMP and that copies of the approved FINAL WQMP are available for the future owners/occupants. The City will not release occupancy permits for any portion of the project until all proposed BMPs described in the approved FINAL WQMP, to which the portion of the project is tributary to, are completed and operational. 222. Inspection of BMP Installation – Prior to issuance of any Certificate of Occupancy, all structural BMPs included in the approved FINAL WQMP shall be inspected for completion of installation in accordance with approved plans and specifications, and the FINAL WQMP.
The Public Works Stormwater Inspection team shall verify that all proposed structural BMPs are in working conditions, and that a hard copy and / or digital copy of the approved FINAL WQMP are available at the site for use and reference by future owners/occupants. The inspection shall ensure that the FINAL WQMP at the site includes the BMP Operation and Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 726
Menifee Mayor and City Council November 20, 2024 Page 1572 of 2294 Maintenance Plan, and shall include the site in a City-maintained database for future periodic inspection.
G. WATER, SEWER, and RECYCLED WATER
223. EMWD Minimum Standards – All public water, sewer and recycled water improvements shall be designed per City standards and ordinances and Eastern Municipal Water District (EMWD) standards and specifications, including required auxiliaries and appurtenances. The final design, including pipe sizes and alignments, shall be subject to the approval of EMWD and the City of Menifee.
224. Utility Improvement Plans – Public Water, Sewer and Recycled Water improvements shall be drawn on City title block for review and approval by the Public Works / Engineering Department and EMWD.
225. Onsite and Offsite Sewer, Water and Recycled Water Improvements – All public onsite and offsite sewer, water and recycled water improvements shall be guaranteed for construction prior to building permit and approval of improvement plans. 226. Sewer Lines – Any new public sewer line alignments or realignments shall be designed such that the manholes are aligned with the center of lanes or on the lane line and in accordance with City standards and ordinances and EMWD standards and specifications. 227. Water Mains and Hydrants - All water mains and fire hydrants providing required fire flows shall be constructed in accordance with City standards and ordinances, as well as those of the Riverside County Fire Department and EMWD standards and specifications.
H. CFD
Prior to Final Map Recordation:
228. Annexation to the CFD – Prior to final map recordation, the developer / property owner shall complete the annexation of the proposed development, into the boundaries of the City of Menifee CFD. The CFD shall be responsible for:
a. The maintenance of public improvements or facilities that benefit this development, including but not limited to, the following: Public landscaping, streetlights, streets, drainage facilities, water quality BMPs, graffiti abatement, and other public improvements or facilities as approved by the Public Works Director / City Engineer.
b. The developer / property owner shall be responsible for all costs associated with the annexation of the proposed development in the CFD. 229. CFD Annexation Agreement – In the event timing for this development’s schedule prevents the developer / property owner from complying with the above condition of approval for CFD annexation, the developer shall enter into a CFD annexation agreement to allow the annexation to complete after map recordation but prior to the issuance of a building permit.
The developer shall be responsible for all costs associated with the preparation of the CFD annexation agreement. The agreement shall be approved by the City Council prior to issuance of a building permit.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 727
Menifee Mayor and City Council November 20, 2024 Page 1573 of 2294 230. Landscape Improvement Plans for CFD Maintenance – Landscape improvements within public ROW and / or areas dedicated to the City for the citywide CFD to maintain shall be prepared on a separate City CFD plan for review and approval by the Public Works / Engineering Department.
231. CFD Landscape Guidelines and Improvement Plans – All landscape improvements for maintenance by the CFD shall be designed and installed in accordance with City CFD Landscape Guidelines and shall be drawn on a separate improvement plan on City title block.
The landscape improvement plans shall be reviewed and approved by the Public Works / Engineering Department prior to issuance of a construction permit. 232. Landscaping Within the Public Right-of-Way – The parkway areas around the sidewalk within the public right-of-way fronting the entire property shall be landscaped and irrigated per City standards and guidelines. These areas shall be maintained by the CFD. 233. Maintenance of CFD Accepted Facilities – All landscaping and appurtenant facilities to be maintained by the citywide CFD shall be built to City standards. The developer shall be responsible for ensuring that landscaping areas to be maintained by the CFD have its own controller and meter system, separate from any private controller/meter system.
I. WASTE MANAGEMENT
Prior to Building Permit Issuance:
234. Recyclables Collection and Loading Area Plot Plan - Prior to the issuance of a building permit for each building, the applicant shall submit three (3) copies of a Recyclables Collection and Loading Area plot plan to the City of Menifee Engineering/Public Works Department for review and approval. The plot plan shall show the location of and access to the collection area for recyclable materials, along with its dimensions and construction detail, including elevation/façade, construction materials and signage. The plot plan shall clearly indicate how the trash and recycling enclosures shall be accessed by the hauler.
The applicant shall provide documentation to the Community Development Department to verify that Engineering and Public Works has approved the plan prior to issuance of a building permit.
235. Waste Recycling Plan - Prior to the issuance of a building permit for each building, a Waste Recycling Plan (WRP) shall be submitted to the City of Menifee Engineering/Public Works Department for approval. Completion of Form B “Waste Reporting Form” of the Construction and Demolition Waste Diversion Program may be sufficient proof of WRP compliance, as determined by the Public Works Director / City Engineer. At a minimum, the WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and / or reduce the amounts of materials, the facilities and / or haulers that will be utilized, and the targeted recycling or reduction rate. During project construction, the project site shall have, at a minimum, two (2) bins; one for waste disposal and the other for recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used to further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept.
Arrangements shall be made through the City’s franchise hauler, Waste Management.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 728
Menifee Mayor and City Council November 20, 2024 Page 1574 of 2294 Prior to Issuance of Any Certificate of Occupancy:
236. Waste Management Clearance - Prior to issuance of an occupancy permit for each building, evidence (i.e., receipts or other type of verification) shall be submitted to demonstrate project compliance with the approved WRP to the Engineering and Public Works Department in order to clear the project for occupancy permits. Receipts must clearly identify the amount of waste disposed and Construction and Demolition (C&D) materials recycled. Completion of Form C, “Waste Reporting Form” of the Construction and Demolition Waste Diversion Program along with the receipts may be sufficient proof of WRP compliance, as determined by the Public Works Director / City Engineer.
The developer shall use the City’s franchise hauler, Waste Management.
J. FEES, DEPOSITS and DEVELOPMENT IMPACT FEES
237. Fees and Deposits – Prior to approval of grading plans, improvement plans, issuance of building permits, map recordation, and / or issuance of certificate of occupancy, the developer / property owner shall pay all fees, deposits as applicable. These shall include the regional Transportation Uniform Mitigation Fee (TUMF), Development Impact Fees (DIF), and any applicable regional fees including potential Road and Bridge Benefit District (RBBD) Fees. Said fees and deposits shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances. 238. Road Bridge Benefit District – The applicant shall pay the RBBD fees based on the designated land use and areas, prior to the issuance of a building permit. Should the project proponent choose to defer the time of payment, a written request shall be submitted to the City, deferring said payment from the time of issuance of a building permit to issuance of a certificate of occupancy. Fees which are deferred shall be based upon the fee schedule in effect at the time of issuance of the permit of each parcel. 239. TUMF Fees – Prior to the issuance of an occupancy permit, the developer / property owner shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of issuance, pursuant to adopted City Ordinance governing the TUMF program.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 729
Menifee Mayor and City Council November 20, 2024 Page 1575 of 2294 Tentative Parcel Map Conditions of Approval
Standard Policies and Procedures
240. Subdivision Map Act – The developer / property owner shall comply with the State of California Subdivision Map Act and all other laws, ordinances, and regulations pertaining to the subdivision of land.
241. Existing and Proposed Easements – The final map shall correctly show all existing easements, traveled ways, drainage courses, and encumbrances. Any omission or misrepresentation of these documents may require said map to be resubmitted for further consideration.
242. Final Map Submittal Process – Appropriate final map plan check submittal forms shall be completed and appropriate fees or deposits paid. Prior to approval of the final map by the City Council, the developer / property owner shall provide along with the final map mylars, electronic files of the final map on Compact Disc (CD), in one of the following formats: (a) Auto CAD DXF, (b) GIS shapefile (made up of ESRI extensions .shp, .shx and .dbf) and (c) Geodatabase (made up of ESRI extension .gdb). CAD files created with the latest version shall only be accepted if approved by the Public Works Director / City Engineer.
A. GENERAL CONDITIONS
243. Parcel Map – The proposed development includes eight (8) parcels that will be consolidated into one (1) parcel, and as such, the developer / project owner shall prepare and file a parcel map. The parcel map shall be submitted to the Public Works / Engineering Department for review and approval prior to recordation.
B. DEDICATIONS
244. Street Dedications – Street dedications shall conform to all applicable City Design Standards and Specifications, the City General Plan, and all other relevant laws, rules and regulations governing street construction in the City.
a. Wheat Street – The dedication for Wheat Street along the project frontage shall be for an Industrial Collector (2-lane) designation with an ultimate half-width right-of-way of 39 feet.
b. Byers Road – The dedication for Byers Road along the project frontage shall be for an Industrial Collector (2-lane) designation with an ultimate half-width right-of-way of 39 feet.
c. Kuffel Road – The dedication for Kuffel Road along the project frontage shall be for a General Local (2-lane) designation with an ultimate half-width right-ofway of 30 feet.
C. FEES, DEPOSITS and DEVELOPMENT IMPACT FEES
245. Fees and Deposits – Prior to map recordation, the developer / property owner shall pay all fees, deposits as applicable. These shall include the regional Transportation Uniform Mitigation Fee (TUMF), Development Impact Fees (DIF), and any applicable regional fees Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 730
Menifee Mayor and City Council November 20, 2024 Page 1576 of 2294 including potential Road and Bridge Benefit District (RBBD) Fees. Said fees and deposits shall be collected at the rate in effect at the time of collection as specified in current City resolutions and ordinances.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 731
Menifee Mayor and City Council November 20, 2024 Page 1577 of 2294 Section III:
Building and Safety Department
Conditions of Approval
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 732
Menifee Mayor and City Council November 20, 2024 Page 1578 of 2294
GENERAL REQUIREMENTS
246. Final Building & Safety Conditions. Final Building & Safety Conditions will be addressed when building construction plans are submitted to Building & Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 247. Compliance with Code. All Design components shall comply with applicable provisions of the 2019 edition of the California Building, Plumbing and Mechanical Codes; 2019 California Electrical Code; California Administrative Code, 2019 California Energy Codes, 2019 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Menifee Municipal Code. If a code cycle changes prior to submission of any plans or documents, the plans submitted shall be updated to the current State of California, Title 24, Code of Regulations, City of Menifee Ordinance, or any other state, federal, or city requirements.
248. ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include:
a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entrance of the building.
c. Accessible path of travel from parking to the furthest point of improvement. d. Path of accessibility from parking to furthest point of improvement. e. Accessible path of travel from public right of way to all public areas on site, such as enclosures, clubhouses and picnic areas.
249. California Green Building Code Requirements.
a. The plans shall clearly indicate the location and total amount of Clean Air Vehicle (CAV) parking stalls as required, if applicable.
b. The plans shall clearly indicate the location and total amount of future electric vehicle (EV) parking stalls within the site.
250. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at the time of plan review, a complete exterior site lighting plan with a “photometric study” showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building & Safety Department. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin and below. 251. Street Name Addressing. Applicant must obtain street name addressing for all proposed buildings by requesting street name addressing and submitting a site plan for commercial, residential/tract, or multi-family residential projects. 252. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 253. Obtaining Separate Approvals and Permits. Temporary construction/sales trailers, temporary power poles/generators, trash enclosures, patio covers, light standards, building and monument signage, and any block walls will require separate approvals and permits.
Solid covers are required over new and existing trash enclosures.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 733
Menifee Mayor and City Council November 20, 2024 Page 1579 of 2294 254. Sanitary Sewer and Domestic Water Plan Approvals. On-site sanitary sewer and domestic water plans will require separate approvals and permits from Building and Safety.
A total of 6 sets shall be submitted.
255. Demolition. (If applicable) Demolition permits require separate approvals and permits.
AQMD notification and approval may be required.
256. Hours of Construction. Signage shall be prominently posted at the entrance of the project indicating the hours or construction, as allowed by the City of Menifee Municipal Ordinance 8.01.010, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday 6:30am to 7:00pm. No work is permitted on Sundays and nationally recognized holidays unless approval is obtained from the City Building Official or City Engineer.
257. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed.
AT PLAN REVIEW SUBMITTAL
258. Submitting Plans and Calculations. Applicant must submit to Building & Safety one (1) complete set of each document listed below for electronic submittals or, seven (7) complete sets of plans and two (2) sets of supporting documents, two (2) sets of calculations for review including:
All plans shall be submitted on minimum 24” x 36” size paper or digital equivalent.
General Requirements
a. All sheets of the plans and the first sheet of the calculations are required to be signed by the licensed architect or engineer responsible for the plan preparation. (Business & Professions Code 5802), (Business & Professions Code 5536.1, 5802, & 6735)
Cover Sheet
b. Vicinity Map
c. Parcel number and Site Address
d. Business Name
e. Building data: Building Type of Construction, Square Feet of leased area intended use/occupancy, occupant loads, Building Code Data: 2019 California Building Code, 2019 California Electrical Code, 2019 California Mechanical Code, 2019 California Plumbing Code, 2019 California Green Building Code, 2019 California Energy Code, and 2019 California Fire Code. f. List any flammable/combustible materials, chemicals, toxics, or hazardous materials used or stored and total quantities or each, including MSDS reports. g. Indicate if the building has a fire sprinkler system.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 734
Menifee Mayor and City Council November 20, 2024 Page 1580 of 2294 h. Sheet Index
Plot Plans
a. North Arrow
b. Property Lines/Easements
c. Street/Alleys
d. Clearly dimension building setbacks from property lines, street centerlines, and from all adjacent buildings and structures on the site plan.
PRIOR TO ISSUANCE OF BUILDING PERMITS
259. All associated Building Fees to be paid.
260. Each Department is required to Approve, with a signature.
PRIOR TO START OF CONSTRUCTION
261. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction.
PRIOR TO TEMPORARY CERTIFICATE OF OCCUPANCY (IF APPLICABLE) 262. Temporary Certificate of Occupancy. Application and deposit to be submitted, a minimum of 5 working days prior to effective date. Each department is required to provide an Exhibit’ clearly identifying those Conditions of Approval that remain outstanding with a signature.
PRIOR TO CERTIFICATE OF OCCUPANCY
263. Each department is required to Review and Approve with a signature once ALL Conditions of Approval have been Met/Approved.
PRIOR TO FINAL INSPECTION
264. Each department that has conditions shall have completed and approved their final inspection prior to requesting the final inspection by the Building and Safety Department.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 735
Menifee Mayor and City Council November 20, 2024 Page 1581 of 2294 Section IV:
Office of the Fire Marshal
Conditions of Approval
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 736
Menifee Mayor and City Council November 20, 2024 Page 1582 of 2294 It is the responsibility of the recipient of these Fire Department conditions to forward then to all interested parties. The permit number (as it is noted above) is required on all correspondence.
Additional information is available at our website: www.rvcfire.org Questions should be directed to the Riverside County Fire Department, Office of the Fire Marshal at City of Menifee 29714 Haun Rd., Menifee, CA 92586. Phone (951)723-3767
COMMENTS
265. Surface Load and Capabilities- Fire apparatus access roads shall be designed to support the impose loads of fire apparatus [80,000 pound live load (gross vehicular weight) distributed over two axles] and shall be surfaced so as to provide all-weather driving capabilities [rear wheel drive apparatus] for the length and grade(s) of the fire apparatus access road.
266. Aerial Fire Apparatus Access Roads- Where the vertical distance between grade plane and the highest roof surface exceeds 30 feet, approved aerial fire apparatus access roads shall be provided. Aerial fire apparatus access roads shall have unobstructed width of 26 feet, exclusive of shoulders, in the immediate vicinity of the building or portion thereof, with an unobstructed vertical clearance of 13 feet 6 inches. 267. Minimum Required Fire Flow - The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings in accordance with Ordinance 787 and the California Fire Code. A fire flow of 4000 gpm for a 4-hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. A minimum number of 5 Super fire hydrant(s) (6”x4”x2½”x2½”) shall be provided for this project. Additional fire hydrants may be required to meet the spacing requirements of the California Fire Code.
268. Hydrant System - A combination of on-site and off-site super fire hydrants (6”x4”x2½”x2½”) on a looped system shall be provided spaced an average of 300 feet between fire hydrants and in no case shall fire hydrants be further than 180 feet from any portion of on a street or road frontage as measured along approved vehicular travel ways.
Fire hydrant(s) shall be located so that no portion of the building is farther than 250 feet from any hydrant(s) as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 269. Additional Required Hydrants - Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants shall be provided at spacing not to exceed 1,000 feet to provide for transportation hazards.
270. Gates - Gate entrances shall be at least two feet wider than the width of the traffic lanes serving the gate. Any gate providing access from a road to a driveway shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, 38 feet turning radius shall be used. 271. Auto Gates- Gates shall be automatic minimum 26 feet in width. Gate access shall be equipped with a rapid entry system to include OPTICOM and Knox Electric switches. Plan Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 737
Menifee Mayor and City Council November 20, 2024 Page 1583 of 2294 shall be submitted to the Fire Department for approval prior to installation. Automatic/manual gate pins shall be rated with shear pin force, not to exceed 30 pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system.
272. Fire Department Access - Fire apparatus access roads shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. 273. Turn Around - Turn arounds shall be provided to all building sites on fire apparatus access roads over 150 feet in length and shall be within 50 feet of the building. The minimum outside turning radius for a turnaround shall be 38 feet, not including parking. If a hammerhead is used instead, the top of the “T” shall be a minimum of 110 feet in length. 274. Sprinkler System- Buildings or structures exceeding 3600 sq. ft are required to have approved CFC and NFPA 13 compliant fire sprinkler systems installed. ESFR system to be required for a project of this size.
275. Building Access - Shall comply per Table 3206.2 California Fire Code, fire apparatus access roads in accordance with Section 503 shall be provided within 150 feet of all portions of the exterior walls of buildings used for high pile storage. 276. Access Doors - Where building access is required by Table 3206.2, fire department access doors shall be provided in accordance with this section. Access doors shall be accessible without the use of a ladder.
277. Number of Doors Required - The required fire department access doors shall be distributed such that the lineal distance between adjacent fire department access door does not exceed 125 ft measured center to center.
278. Smoke and Heat Removal - Where smoke and heat removal is required by Table 3206.2 it shall be in accordance with Section 910.
If any of the conditions are unclear, difficult to understand, or you would like to set up a meeting, please contact me at (951) 723-3765 so that I can better assist you in the approval of this project.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 738
Menifee Mayor and City Council November 20, 2024 Page 1584 of 2294 Section V:
Riverside County Environmental Health
Conditions of Approval
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 739
Menifee Mayor and City Council November 20, 2024 Page 1585 of 2294 Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 740
Menifee Mayor and City Council November 20, 2024 Page 1586 of 2294 Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 741
Menifee Mayor and City Council November 20, 2024 Page 1587 of 2294 The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. _______________________________________________ ___________________ Signed Date
_______________________________________________ ___________________ Name (please print) Title (please print)
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 742
Menifee Mayor and City Council November 20, 2024 Page 1588 of 2294 City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Ricky Estrada, District 2
Lesa Sobek, District 3
Dean Deines, District 4 AGENDA
Menifee City Council
Regular Meeting Agenda
Wednesday, November 6, 2024
4:30 PM Closed Session
6:00 PM Regular Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City Attorney
Stephanie Roseen, Acting City Clerk
11.1 Appeals of the Planning Commission Decision for the CADO Menifee Industrial Warehouse Project
RECOMMENDED ACTION
1. Uphold the Planning Commission’s certification of an Environmental Impact Report and approval of Tentative Parcel Map No. 38139 (PLN22-0041) and Plot Plan No.
PLN21-0370 for CADO Menifee Industrial Warehouse Project, located west of Interstate 215 and south of Ethanac Road; and
2. Adopt a resolution denying Appeal No. PLN24-0169 submitted by The Golden State Environmental Justice Alliance; and
3. Adopt a resolution denying Appeal No. PLN24-0182 submitted by the City of Perris.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 743
Menifee Mayor and City Council November 20, 2024 Page 1589 of 2294
CITY OF MENIFEE
SUBJECT: Appeals of the Planning Commission Decision for the CADO Menifee Industrial Warehouse Project
MEETING DATE: November 6, 2024
TO: Mayor and City Council
PREPARED BY: Ryan Fowler, Principal Planner
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
APPELLANTS: Golden State Environmental Justice Alliance and City of Perris
--------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Uphold the Planning Commission’s certification of an Environmental Impact Report and approval of Tentative Parcel Map No. 38139 (PLN22-0041) and Plot Plan No. PLN21-0370 for CADO Menifee Industrial Warehouse Project, located west of Interstate 215 and south of Ethanac Road; and
2. Adopt a resolution denying Appeal No. PLN24-0169 submitted by The Golden State Environmental Justice Alliance; and
3. Adopt a resolution denying Appeal No. PLN24-0182 submitted by the City of Perris.
DISCUSSION
Background
On August 14, 2024, the Planning Commission held a duly noticed public hearing and voted 3- 1-1 (Commissioner Long voting no and Chair LaDue absent) to approve Tentative Parcel Map (TPM) No. 38139 (PLN22-0041) and Plot Plan (PP) No. PLN21-0370 – CADO Menifee Industrial Warehouse Project along with the related environmental analysis. On August 20, 2024, the City received an application from the Golden State Environmental Justice Alliance to appeal the Planning Commission decision. On August 23, 2024, the City received a second application from the City of Perris to appeal the Planning Commission decision. For more information on the project, the August 14, 2024 Planning Commission staff report is attached.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 744
Menifee Mayor and City Council November 20, 2024 Page 1590 of 2294 City of Menifee Staff Report
Appeals of CADO Menifee Industrial Warehouse Project
November 6, 2024
TPM No. 38139 (PLN22-0041) was approved by the Planning Commission for the consolidation of eight parcels into one industrial parcel. The Project site is approximately 40.03 gross acres and
36.81 net acres.
PP No. PLN21-0370 was approved by the Planning Commission for construction and operation of a 700,037 square-foot warehouse/industrial building with 10,000 square feet of office space and 690,037 square feet of warehouse space on a 36.8-net acre (40.03 gross acre) site. There would be three points of access on Byers Road and two points of access on Wheat Street.
Associated facilities and improvements of the Project include on-site landscaping, parking, regional Project access, and off-site improvements (roadway improvements, storm drain, utilities).
The Project is generally located west of Interstate 215 (I-215) and south of Ethanac Road, within the City of Menifee (City), County of Riverside, State of California. The Project is north of Corsica Lane, south of Kuffel Road, east of Wheat Street, and west of Byers Road. The Project site is located in the Economic Development Corridor-Northern Gateway (EDC-NG) zone of the City and is currently bordered by a scattering of existing rural residential properties (1-5 acres) and vacant land. The Project site consists of eight parcels (Assessor Parcel Numbers: 330-190-002 through -005 and 330-190-010 through -013).
Project Location
Wheat St.
Byers St.
Ethanac Rd.
Kuffel Rd.
Corsica Ln.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 745
Menifee Mayor and City Council November 20, 2024 Page 1591 of 2294 City of Menifee Staff Report
Appeals of CADO Menifee Industrial Warehouse Project
November 6, 2024
Appeal No. PLN24-0182
The City of Perris filed an appeal of the Planning Commission’s August 14, 2024 approval of TPM No. 38139 (PLN22-0041) and PP No. PLN21-0370, claiming areas of the Project (as outlined below), including the environmental analysis, were not adequately analyzed/addressed. The appeal letter raises concerns with the following:
1. Incomplete Project Description
2. Insufficient Analysis of Transportation Impacts
3. Insufficient Analysis of Greenhouse Gas (GHG) Emissions
4. Insufficient Analysis of Air Quality Impacts
5. Insufficient Analysis of Noise Impacts
6. Inadequate Project Alternatives Analysis
In response to the City of Perris appeal letter, staff, in conjunction with the City’s California Environmental Quality Act (CEQA) Consultant, has prepared detailed responses to each topic as an attachment to this report. A summary of the appellant’s concerns are provided below:
1. Incomplete Project Description
The appeal letter asserts there are multiple aspects of the Project, particularly offsite improvements, which were not presented in the Project Description of the Environmental Impact Report (EIR) and therefore the potential impacts of those aspects were not evaluated.
However, the City of Perris does not provide sufficient evidence that supports how the Final EIR failed to address their concerns or why the EIR is an inadequate environmental document pursuant to CEQA as it relates to an incomplete Project Description.
A Project Description should not supply extensive detail beyond that needed for evaluation and review of the environmental impact. Because the off-site improvements associated with the proposed Project do not involve significant construction that would impact any of the analyses or conclusions in the EIR, mention of off-site improvements is not required to be included in the Project Description. The off-site improvements associated with the proposed Project are not considered intensive construction work that would expand the scope of project construction impacts already discussed thoroughly in the Draft EIR.
2. Insufficient Analysis of Transportation Impacts.
The appeal letter raises concerns regarding the environmental impact analysis performed for the Project regarding traffic impacts, specifically related to geometric hazards, the preparation of a global traffic study, existing traffic volumes, Project trip generation rates, particular intersection operations, and the improvement requirements for direct impacts.
Regarding geometric hazards and intersection operations, the intersection of Barnett Road/Case Road at Ethanac Road operates as one intersection and it was determined that it should be analyzed as one for analysis purposes. The Project does not take direct access from Barnett Road and would add eastbound and westbound through traffic on Ethanac Road at the intersection of Ethanac Road at Barnett Road/Case Road. Therefore, the Project would not directly impact the turn pockets at the intersection, as is stated, and would not create hazards due to geometric design features. In addition, contrary to Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 746
Menifee Mayor and City Council November 20, 2024 Page 1592 of 2294 City of Menifee Staff Report
Appeals of CADO Menifee Industrial Warehouse Project
November 6, 2024
comments in the appeal letter, no improvements are necessary of the Project at this intersection and the Project would not create hazards due to geometric design features.
For the comment related to a global traffic study, Ethanac Road is currently a truck route and the potential for a truck corridor south of Ethanac Road is uncertain. Therefore, the Project Traffic Study analyzed a worst-case scenario based on the potential use and the items known certain at the time of the preparation of the Project Traffic Study.
In regard to the existing traffic volumes, traffic counts in the Project Traffic Study were determined to be reasonable, as well as conservative in some locations as noted and described in more detail in the attached responses.
In addition, the appeal letter argues the trip generation rates that were used are outdated.
Staff disagrees with this assessment as the rates used are widely accepted and used by many cities in the Inland Empire. In addition, basing the trip estimates on the South Coast Air Quality Management District (SCAQMD) methodology (inclusive of ITE 11th Edition for the passenger car/truck splits), as is suggested, would not change the significance determinations in the Draft EIR and would not require new or modified mitigation measures.
3. Insufficient Analysis of GHG Emissions.
The appeal letter cites concerns related to what it describes as unassessed and unevaluated improvements, particularly the offsite improvements not contained in the Project Description of the EIR, and outdated modeling of GHG emissions.
Refer to Subpoint 1 above regarding City of Perris’ argument that the off-site improvements were absent from the Project Description of the EIR and that the GHG analysis was flawed.
The appeal also notes the GHG Emissions Assessment used CalEEMod version 2020.4 and acknowledges SCAQMD recommended all air quality analyses conducted after December 21, 2022 use the latest version of CalEEMod. Consistent with SCAQMD’s recommendations, the air quality and GHG modeling for the Project was initially completed in August 2022 with additional modeling completed in October 2022 to incorporate mitigation required by the Health Risk Assessment (HRA). Therefore, all modeling for the Project was completed before CalEEMod 2022 was approved for full release. As a result, CalEEMod version 2020.4 was the latest available software at the time the analysis was conducted.
The appeal letter also states that the installation, maintenance and regular testing of one or more emergency fire water pumps was not assessed. This comment is incorrect, as these emissions are addressed by the backup generator emissions evaluated in the Draft EIR. Further details are provided in the attached detailed responses.
4. Insufficient Analysis of Air Quality Impacts.
The appeal letter cites concerns related to what it describes as unevaluated improvements and mitigation lacking adequate performance standards. Specifically, the letter references Mitigation Measure (MM) AQ-3.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 747
Menifee Mayor and City Council November 20, 2024 Page 1593 of 2294 City of Menifee Staff Report
Appeals of CADO Menifee Industrial Warehouse Project
November 6, 2024
Again, refer to Subpoint 1 above regarding City of Perris’ argument that the off-site improvements were absent from the Project Description of the EIR and that the air quality analysis was flawed.
Regarding the City of Perris’ argument that the MM AQ-3 lacks adequate performance standards, MM AQ-3 requires the Project operator to submit a Transportation Demand Management (TDM) program to the City. The TMD program which would provide employees with information regarding the use of public transportation, carpooling/vanpooling, and walking or biking to work, rather than driving to work every day. The development and submission of this TDM is the performance standard for this mitigation measure and will help to reduce vehicle miles traveled (VMT). In addition, although not acknowledged by the commenter, MM AQ-4, which requires all cargo handling equipment to be zero emissions, is the main source of air quality pollutant emission reduction. Implementation of these mitigation measures will reduce the air quality impacts to a less than significant level.
5. Insufficient Analysis of Noise Impacts.
The appeal letter cites concerns related to what it describes as incorrect thresholds and methodology related to noise impacts.
The commenter seems to suggest that a cumulative noise analysis was not prepared for the Project; however, cumulative noise impacts are discussed on pages 4.11-25 through
4.11-27 of the Draft EIR. The comment incorrectly states the Draft EIR does not identify a significant impact. However, as detailed in the attached responses, the Draft EIR identified the cumulative noise impact. However, the Draft EIR determines this impact would not be cumulatively considerable.
6. Inadequate Project Alternatives Analysis.
The appeal letter states the City failed to analyze a reasonable range of potentially feasible alternatives.
As stated in Final EIR Response to Comment, CEQA Guidelines Section 15126.6 requires a project provide a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project and evaluate the comparative merits of the alternatives. An EIR need not consider every conceivable alternative to a project. Rather it must consider a reasonable range of potentially feasible alternatives that will foster informed decision making and public participation. The City deemed that having two alternatives for the Project provides an adequate range of alternatives pursuant to CEQA Guidelines Section 15126.6, because those were the alternatives determined which could reduce the Project’s significant effects while still meeting most of the basic Project objectives.
Appeal No. PLN24-0169
The Golden State Environmental Justice Alliance (GSEJA) filed an appeal of the Planning Commission’s August 14, 2024 approval of TPM No. 38139 (PLN22-0041) and PP No. PLN 21- 0370, claiming the Planning Commission erred in its decision to approve the Project by Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 748
Menifee Mayor and City Council November 20, 2024 Page 1594 of 2294 City of Menifee Staff Report
Appeals of CADO Menifee Industrial Warehouse Project
November 6, 2024
determining the Project would not result in further impacts on an already pollution-burdened citizenry. GSEJA provided information depicting the severity of the level of pollution and health hazards the City of Menifee and its citizens are experiencing. The appeal letter reaffirms its concerns that were presented in its original letter dated April 26, 2024 (and again on August 11, 2024), which were responded to by staff, in conjunction with our CEQA Consultant, in the Final EIR.
The commenter provides a table of data which gives the false impression that the area surrounding the Project site is disproportionately impacted. However, the proposed Project would not result in significant and unavoidable air quality impacts. Localized air quality impacts would be less than significant and there are no significant air quality impacts to local residents as a result of approval of the proposed Project.
The original April 26, 2024 comment letter on the Draft EIR contained concerns from GSEJA regarding air quality, GHG emissions, land use and planning, transportation and traffic, growth inducing impacts, alternatives, and population and housing. In the appeal letter, GSEJA does not specifically argue with the adequacy of any of those City responses contained in the Final EIR.
As such, the previous responses to these resource topics are still appropriate, and no additional points were raised in the appeal letter which would require further analysis.
Environmental Determination
The Planning Commission adopted Resolution No. PC24-639 certifying an EIR on August 14, 2024 determining the Project will have a significant effect on the environment (related to GHG Emission). However, an EIR was prepared for this Project pursuant to the provisions of the CEQA.
Mitigation measures were made a condition of the approval of the Project and a Mitigation Reporting or Monitoring Plan was adopted for this Project. A Statement of Overriding Considerations was adopted for this Project and findings were made pursuant to the provisions of CEQA. Following the Project’s approval, a Notice of Determination (NOD) was filed with the Riverside County Clerk’s Office on August 16, 2024.
The Final EIR, as well as all its technical appendices, can be accessed for review on the City website: https://www.cityofmenifee.us/325/Environmental-Notices-Documents.
Public Notice
Public notices were distributed on October 27, 2024 for the November 6, 2024 City Council hearing. Notices were published in The Press Enterprise and notices were sent to owners within 300 feet of the Project site boundaries and to all relevant agencies, interested parties, and all who commented on the environmental document. On-site postings were provided.
STRATEGIC PLAN OBJECTIVE
Thriving Economy
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 749
Menifee Mayor and City Council November 20, 2024 Page 1595 of 2294 City of Menifee Staff Report
Appeals of CADO Menifee Industrial Warehouse Project
November 6, 2024
ATTACHMENTS
1. Resolution – City of Perris
2. Appeal Letter (Bracketed) – City of Perris
3. City Response to Appeal Letter – City of Perris
4. Resolution – GSEJA
5. Appeal Letter (Bracketed) – GSEJA
6. City Response to Appeal Letter - GSEJA
7. Amended COAs – Adopted by Planning Commission
8. August 14, 2024 Planning Commission Staff Report
9. Public Hearing Notice
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 750
Menifee Mayor and City Council November 20, 2024 Page 1596 of 2294 RESOLUTION NO. 24-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA DENYING APPEAL NO. PLN24-0182 OF THE CADO
MENIFEE INDUSTRIAL WAREHOUSE PROJECT (TENTATIVE
PARCEL MAP NO. PLN22-0041 AND PLOT PLAN NO. PLN21-0370) WHEREAS, on November 15, 2021, the applicant, CADO Menifee, LLC (“Applicant”), filed a formal application with the City of Menifee for the approval of Tentative Parcel Map (TPM) No. 38139 (PLN22-0041) to consolidate eight parcels into one industrial parcel for a total of approximately 40.03 gross acres and 36.81 net acres, and Plot Plan (PP) No. PLN21-0370 for the construction of a 700,037 square-foot warehouse/industrial building with 10,000 square feet of office space and 690,037 square feet of warehouse space on the same 40.03 gross acre site (the “Project”). The Project site is generally located north of Corsica Lane, south of Kuffel Road, east of Wheat Street, and west of Byers Road within the City of Menifee (City), County of Riverside, State of California (APNs: 330-190-002 through -005 and 330-190-010 through -013); and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared to analyze and mitigate the Project's potentially significant environmental impacts; and WHEREAS, on August 14, 2024, at a legally noticed public hearing, the Planning Commission voted 3-1-1 to certify the EIR and approve TPM No. 38139 (PLN22-0041) and PP No. PLN21-0370 for the Project; and
WHEREAS, on August 23, 2024, an application to appeal Planning Commission certification of the EIR for the Project and approval of TPM No. 38139 (PLN22-0041) and PP No. PLN21-0370 was submitted by the City of Perris; and WHEREAS, on November 6, 2024, the City Council of the City of Menifee held a public hearing on the appeal of the Planning Commission’s certification of the EIR and approval of TPM No. 38139 (PLN22-0041) and PP No. PLN21-0370 and Resolution Nos. PC24-0639 and PC24-0640, considered all public testimony as well as all materials in the staff report and accompanying documents for the appeal, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, notice to property owners within 300 feet of the Project boundaries, on-site posting at the Project site, and to persons requesting public notice.
NOW THEREFORE, the City Council of the City of Menifee hereby approves the following:
1. That the City Council finds the facts presented within the public record and within the Resolution provides the basis to deny Appeal No. PLN24-0182 and uphold the Planning Commission certification of the EIR and approval of TPM No. 38139 (PLN22-0041) and PP No. PLN21-0370 and Resolution Nos. PC24-0639 and PC24-0640.
Item Title: 11.2
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2. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at the Community Development Department – Planning Division, 29844 Haun Road, Menifee, CA 92586. This information is provided in compliance with Public Resources Code section 21081.6.
PASSED, APPROVED AND ADOPTED this 6th day of November 2024. _________________________
Bill Zimmerman, Mayor
Attest:
______________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
______________________________
Jeffrey T. Melching, City Attorney
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CADO Menifee Industrial Warehouse Project
Perris Appeal Comments and Responses
A-1 This comment explains that this letter is the City of Perris’ appeal letter in objection to the City of Menifee Planning Commission’s August 14, 2024 decision approving the Tentative Parcel Map and Plot Plan to permit the construction and operation of the CADO Menifee Industrial Warehouse Project (Project) and the Final Environmental Impact Report (EIR) approved for the Project. This comment does not raise any substantive issues with the Final EIR and therefore no further response is needed. The following responses were prepared to address the substantive comments raised in the rest of the City of Perris’ appeal letter. Please refer to Responses to Comments A-2 through A-64.
A-2 This comment summarizes the Project and does not raise any specific comments regarding the Final EIR. No further response is warranted.
A-3 This comment is a general description of the Green Valley Specific Plan (GVSP), a master-planned community within the City of Perris. No specific comments concerning the deficiency of the Final EIR were made, and, therefore, no further response is warranted.
A-4 The City of Perris notes the residential units within the GVSP and the vicinity of the Project site but makes no specific claims on how the Final EIR did not adequately address impacts to surrounding residences. As addressed in the Final EIR Response to Comments G14, G16 and G18, Ethanac Road is currently a truck route. A global Traffic Study for the Menifee Economic Development Corridor (MEDC) area, including the addition of a truck corridor south of Ethanac Road, is currently being prepared in coordination with the City of Menifee and the City of Perris.
Any improvements to portions of intersections or roadways shared with the City of Perris would be coordinated between the City of Menifee and City of Perris prior to final engineering for the Project.
A-5 The City of Perris states that the City of Menifee did not adequately address the City of Perris’ concerns expressed in the Project’s Notice of Preparation (NOP) scoping process, Draft EIR public review period, and following the Final EIR, but does not provide further detailed information why their concerns were not adequately addressed. No further response is warranted. Additionally, the City of Menifee believes all previous responses to Perris’s Draft EIR comment letter were thorough and adequate.
A-6 This comment reiterates that the City of Perris’ letter constitutes an appeal of the Planning Commission’s approval of the Project but does not raise any specific deficiencies. Please refer to the following Responses to Comments A-7 through A-64 prepared in response to the City of Perris’ comments.
A-7 This comment states that the City of Perris provided comments dated April 26 and August 14 on the Draft EIR’s Project Description. This comment is acknowledged, and the City of Menifee responded to all comments on the Draft EIR - see Response to Comments G3 through G7 in the Final EIR that were prepared in response to the City of Perris’ comment on the Project Description Item Title: 11.2
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Menifee Mayor and City Council November 20, 2024 Page 1700 of 2294 being inadequate. This comment does not provide any evidence how the Final EIR failed to address their comments or is an inadequate environmental document pursuant to the CEQA.
A-8 The Project Traffic Study recommended that the intersection of Wheat Street at Ethanac Road (intersection #9) is anticipated to be right-in-right-out (RIRO) access. With this improvement, the intersection operates at an acceptable LOS and a traffic signal is not warranted. Therefore, no other improvements were recommended at intersection #9. Also, the Traffic Study recommended that a traffic signal be installed at the intersection of Ethanac Road at Byers Road (intersection #10). The recommended improvements for intersection #9 and intersection #10 were imposed on the Project as conditions of approval by the Planning Commission (see Condition of Approval 209).
Pursuant to CEQA Guidelines Section 15124, a Project Description should not supply extensive detail beyond that needed for evaluation and review of the environmental impact. Because the off-site improvements associated with the proposed Project do not involve significant construction that would impact any of the analyses or conclusions in the EIR, mention of off-site improvements is not required to be included in the Project Description. The off-site improvements associated with the proposed Project are not considered intensive construction work that would expand the scope of project construction impacts already discussed thoroughly in the Draft EIR.
A-9 Because the improvement of a 350-foot westbound left-turn lane at the intersection of Ethanac Road and Byers Road does not involve significant construction that would impact any of the analyses or conclusions in the EIR, mention of this off-site improvement is not required to be included in the Project Description. The comment incorrectly assumes that off-site impacts were not evaluated but does not provide any substantial evidence to support this claim. The impacts of project construction, include roadway improvements (i.e. noise, air quality, etc.), were included in the assumptions underlying the technical studies. The City explained in its Responses to Comments in the FEIR (G18 and G21) that there would be no operational/roadway geometric hazards caused by the 350 foot westbound left-turn lane. As such, the DEIR and FEIR adequately incorporated the 350-foot westbound left-turn lane at the intersection of Ethanac Road at Byers Road and all impacts associated therewith.
A-10 See Responses to Comments A-8 and A-9.
A-11 See Response A-9. As noted in Final EIR Response to Comment G7, the analysis included in the Draft EIR concerning this proposed improvement was provided for informational purposes only for the City’s use in evaluating the Project and considering conditions of approval outside of CEQA’s framework. The implementation of this improvement would be based on direct discussion between City staff and the Applicant and would be imposed via the Conditions of Approval process, not through CEQA. Nevertheless, any improvements to portions of intersections or roadways shared with the City of Perris would be coordinated between the City of Menifee and City of Perris prior to final offsite engineering for the Project. Additionally, the improvements associated with the proposed Project are not considered intensive construction work that would expand the scope of Project construction impacts already discussed thoroughly in the Draft EIR.
A-12 The comment incorrectly assumes that off-site impacts were not evaluated but does not provide any substantial evidence to support this claim. Page 2-3 of the Draft EIR describes the Project site Item Title: 11.2
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Menifee Mayor and City Council November 20, 2024 Page 1701 of 2294 as 40.03 gross acres. However, CalEEMod output files in Appendix B1 and Appendix G, show that a total of 43.42 acres of development were analyzed as part of air quality and greenhouse gas assessments. The additional acres were included in the analysis under “other asphalt surfaces” to capture construction emissions associated with offsite roadway and infrastructure improvements. As a result, all potential offsite impacts including air quality impacts, energy use, and greenhouse gas emissions were evaluated in the Draft EIR.
A-13 The Project includes an early-suppression fast-response (EFSR) fire sprinkler system and will use an electric or diesel-powered fire pump to provide additional water pressure. If an electric fire pump is installed, in the event that the building loses electricity, power for the electric fire pump will be provided by the emergency backup generator. As noted on page 4.2-17 and page 4.7-21 of the Draft EIR, emissions from emergency backup generators are included in the operational air quality and GHG analysis of the Project. The comment therefore incorrectly indicates that emergency fire water pump emissions are not addressed, as these emissions are addressed by the backup generator emissions in the Draft EIR.
However, diesel fuel consumption from the generator was not included in the energy analysis.
Conservatively assuming the emergency generator is tested for one hour per week as modeled in the air quality and GHG sections of the EIR instead of the half hour per week as required, the generator would consume 1,970 gallons of diesel per year. This would increase diesel fuel consumption by 0.99 percent, increasing from 199,539 gallons to 201,509 gallons per year. Due to the small increase in diesel consumption associated with the operation of the generator, the percentage increase of diesel fuel in Riverside County, associated with the Project would remain
0.08 percent as identified in Table 4.5-4: Project Annual Energy Use During Operations of the Draft EIR and impacts associated with energy would remain the same.
A-14 The commenter notes that diesel powered fire pumps must be tested on a weekly basis for a minimum of 30 minutes. Conservatively, the analysis for this Project assumed that diesel generators would operate for one hour every week and included those emissions in Table 4.2-9 and 4.2-10 of the Air Quality Section and Table 4.7-3 of the GHG Section of the Draft EIR.
Therefore, the Draft EIR analysis conservatively overestimates the contribution from stationary diesel emissions sources by assuming one hour of testing rather than 30 minutes of testing.
A-15 Refer to Responses A-13 and A-14. No further response is warranted.
A-16 Refer to Responses A-13, A-14, and A-15 above. All analysis and technical studies for the Draft EIR have been prepared following the appropriate methodologies. All potential impacts have been addressed.
A-17 The City of Perris prior comment letters raised concerns regarding traffic safety hazards due to queuing on Ethanac Road at Byers Road that will be constructed by the Project (G-18, G-21), the configuration of Barnett Road and Case Road (G-25), and queuing along Ethanac Road at the I-215 interchange (G-31). See Responses to Comments G-18, G-21, G-25, and G-31 in the Final EIR how the Project will not create safety hazards due to geometric design.
In addition, Ethanac is generally a straight and flat road, with good visibility, no visual obstructions, and no sharp curves. It should also be noted that the Project would add only eastbound and Item Title: 11.2
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Menifee Mayor and City Council November 20, 2024 Page 1702 of 2294 westbound through traffic at the intersection of Ethanac Road at Barnett Road/Case Road; therefore, the project would not impact or worsen the potential issue of the northbound/southbound offset between Barnett Road and Case Road. Further, based on the Project Traffic Study, the intersection of Ethanac Road at Barnett Road/Case Road does not decline to an unacceptable Level of Service with the addition of Project traffic. Therefore, the City of Perris' reliance on LOS/queuing analysis to prove a safety impact at the intersection of Ethanac Road at Barnett Road/Case Road has no support.
Also, queuing progression and congestion does not automatically mean there is a safety hazard.
As such, for the reasons noted above in this response, there is no evidence that those occurrences will create safety hazards in this case and the City of Perris has not provided any evidence to the contrary.
It should be noted that the Project will be directly constructing several of the Traffic Study’s recommended improvements (imposed as conditions of approval by the Planning Commission), including constructing a traffic light and the 350’ turn pocket on Ethanac Road at Byers Road, modifying Wheat Street at Ethanac Road to a right-in, right-out (RIRO) only access, adding a traffic signal at the intersection of Ethanac Road at Evans Road, as well as adding turn lanes and road widening. These improvements will further improve safety conditions in the study area and would not create hazards due to geometric design features.
A-18 Ethanac Road is currently a truck route. A global Traffic Study for the Menifee Economic Development Corridor (MEDC) and surrounding area, including the possible addition of a truck corridor south of Ethanac Road, is currently being prepared in coordination with the City of Menifee and the City of Perris. However, the global Traffic Study has not been completed nor has any roadway other than Ethanac Road been designated as a truck route that can serve the Project, and thus this Project cannot speculate on or study alternative trucks routes that may or may not later be identified. Therefore, it is appropriate that the Project Traffic Study analyzes trucks utilizing Ethanac Road to determine recommended improvements along Ethanac Road at full buildout of the MEDC and surrounding area.
Based on discussion with City of Perris staff, it is understood that the Traffic Impact Analysis prepared by RK Engineering in June 2023 is in reference to a supplemental queuing analysis conducted by RK Engineering along Ethanac Road at the intersection of Ethanac Road at Barnett Road/Case Road as part of an Comment Letter in support of Appeal, prepared by the City of Perris, for the Ethanac and Barnett Development Project in the City of Menifee. As noted in Response to Comment A-17, Ethanac is generally a straight and flat road, with good visibility, no visual obstructions, and no sharp curves. The Project would add only eastbound and westbound through traffic at the intersection of Ethanac Road at Barnett Road/Case Road; therefore, the project would not impact or worsen the potential issue of the northbound/southbound offset between Barnett Road and Case Road. Therefore, the City of Perris' reliance on a queuing analysis to prove a safety impact caused by the Project at the intersection of Ethanac Road at Barnett Road/Case Road has no support.
A-19 Refer to Response to Comment G-17 in the Final EIR regarding review of compliance with the City of Perris Level of Service standards and significance criteria for study intersections located entirely or a majority within the City of Perris. As Level of Service is no longer a CEQA threshold for Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 857
Menifee Mayor and City Council November 20, 2024 Page 1703 of 2294 transportation impacts, the analysis to confirm compliance with the City of Perris Level of Service standards and significance criteria was not included in the DEIR.
The City of Perris General Plan Circulation Element does not provide traffic safety impact criteria relevant to the Project and the City of Perris did not provide enough specifics in their comment to evaluate this comment further.
A-20 The City of Menifee has responded to all comments raised by City of Perris regarding traffic safety hazards due to a geometric design feature. Refer to Response to Comment A-17. No further response is warranted. For impacts related to air quality and noise, refer to Response to Comment A-12.
A-21 Refer to Response to Comment A-17. No further response is warranted.
A-22 Refer to Response to Comment A-17. No further response is warranted.
A-23 Refer to Response to Comment A-17. No further response is warranted.
A-24 Refer to Response to Comment A-17. No further response is warranted.
A-25 Refer to Response to Comment A-17. No further response is warranted.
A-26 Refer to Response to Comment A-17. No further response is warranted.
A-27 Ethanac Road is currently a truck route. A global Traffic Study for the Menifee Economic Development Corridor (MEDC) and surrounding area, including the possible addition of a truck corridor south of Ethanac Road, is currently being prepared in coordination with the City of Menifee and the City of Perris. However, the global Traffic Study has not been completed nor has any roadway other than Ethanac been designated as a truck route that can serve the Project, and thus this Project cannot speculate on or study alternative trucks routes that may or may not later be identified. Therefore, it is appropriate that the Project Traffic Study analyzes trucks utilizing Ethanac Road to determine recommended improvements along Ethanac Road at full buildout of the MEDC and surrounding area. Additionally, there is no reason to include a failure analysis as part of the global Traffic Study.
A-28 The February 2023 traffic counts for overlapping intersections in the Project Traffic Study are provided in Attachment B to this Response to Comment matrix. Based on comparison of the February 2023 volumes and the October 2021 volumes used in the Project Traffic Study, it is noted that, compared to February 2023 volumes, the October 2021 volumes are higher at the intersections of Ethanac Road at I-215 SB Ramps (Intersection #14) and Ethanac Road at I-215 NB Ramps (Intersection #15), as well as lower at the intersection of Murrieta Road at Ethanac Road (Intersection #11). The variance in existing volumes between the October 2021 and February 2023 at the three noted locations are within 10%. As such, the traffic counts in the Project Traffic Study are considered reasonable, as well as conservative in some locations as noted above.
A-29 The City of Fontana Truck Trip Generation Study is not considered outdated in the industry and is widely accepted and used by many cities in the Inland Empire, including as noted in the City of Menifee LOS Traffic Study Guidelines (October 2020), as a method for obtaining truck trips and truck splits. Further, the truck mix in the Fontana Truck Trip Generation Study is comparable to Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 858
Menifee Mayor and City Council November 20, 2024 Page 1704 of 2294 the SCAQMD truck mix recommendations. Also, as noted in the Project Traffic Study, the passenger car/truck splits are based on the ITE Trip Generation Manual (10th Edition Supplement), which is comparable to the passenger car/truck splits in the ITE Trip Generation Manual (11th Edition). Nevertheless, in order to address this comment, the passenger car/truck split and truck mix for the proposed Project have been reviewed based on the ITE Trip Generation Manual (11th Edition) for the passenger car/truck splits and the SCAQMD Warehouse Truck Trip Study Data Results and Usage (dated July 17, 2014) for the truck mix (i.e. 2-axle, 3-axle, 4+axle trucks) . A copy of the noted resources is provided in Attachment A (Passenger Car/Truck Splits and Truck Mix Information) to this response matrix.
The passenger car equivalent (PCE) factors as noted in the Traffic Study were also applied to these trip generation estimates. Based on the methodology noted above, the Project is estimated to generate approximately 4,719 daily PCE trips, with 632 PCE trips (512 inbound and 120 outbound) in the morning peak hour and 860 PCE trips (335 inbound and 525 outbound) in the evening peak hour.
Compared to the trip estimates in the approved Traffic Study, the trip estimates based on the SCAQMD methodology (inclusive of ITE 11th Edition for the passenger car/truck splits) is estimated to generate 3 additional daily PCE trips, with 7 fewer PCE trips in the morning peak hour and 19 fewer PCE trips in the evening peak hour.
Accordingly, as described above, the use of ITE 11th Edition passenger car/truck splits and SCAQMD truck mix percentages would not change the significance determinations in the Draft EIR and would not require new or modified mitigation measures. Therefore, the Final EIR and approved Traffic Study are not flawed and do not need to be modified.
A-30 Refer to Response to Comment A-29. No further response is warranted.
A-31 Refer to Response to Comment A-29. No further response is warranted.
A-32 The study intersections in the Project’s Traffic Study are based on the Traffic Scoping Agreement approved by the City of Menifee. The intersection of Green Valley Parkway and Ethanac Road was not part of the approved list of study intersections as it is a future intersection that does not provide direct access to the Project. It should also be noted that the Project would add only eastbound and westbound through traffic on Ethanac Road at the future intersection of Green Valley Parkway and Ethanac Road and would therefore not directly impact the Green Valley Parkway approach at the future intersection.
A-33 Acknowledged. At the time of data collection (October 2021), the southbound approach for Intersection #11 (Murrieta Road at Ethanac Road) reflected one dedicated left-turn lane, one through lane, and one dedicated right-turn lane. As a result, the existing lane geometry was reflected as such in the Project Traffic Study. Based on review of applying the updated lane geometry to Intersection #11 under Opening Year 2024 Cumulative Plus Project conditions, the overall intersection delay for Intersection #11 would nominally increase as noted below:
• AM Peak Hour
o 2021 SB Approach: 119.3 sec/vehicle
o Current SB Approach: 120.3 sec/vehicle
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 859
Menifee Mayor and City Council November 20, 2024 Page 1705 of 2294 • PM Peak Hour
o 2021 SB Approach: 543.1 sec/vehicle
o Current SB Approach: 550.4 sec/vehicle
Intersection analysis worksheets for Intersection #11 under Opening Year Cumulative Plus Project conditions is provided as an Attachment to this Response to Comment matrix. As noted above, the lane geometry update to the SB approach of Intersection #11 would not change the recommended improvements at Intersection #11. With the noted recommended improvements in the Project Traffic Study, Intersection #11 would operate at an acceptable LOS.
A-34 The walk and pedestrian clearance time is accounted for in the Vistro traffic modeling software based on standard HCM defaults for walk time (4-7 seconds) and pedestrian crossing speed (3.5 feet per second).
A-35 The walk and pedestrian clearance time is accounted for in the Vistro traffic modeling software based on standard HCM defaults for walk time (4-7 seconds) and pedestrian crossing speed (3.5 feet per second). The City of Menifee has responded to all comments raised by City of Perris regarding traffic safety hazards due to a geometric design feature. Refer to Response A-17. No further response is warranted.
A-36 A separate signalized intersection typically has its own traffic signal cabinet, which is located on a corner of the intersection to which the signal cabinet is connected to. The traffic signal cabinet assigns phasing, signal timing, and cycle length that direct the operation of the individual traffic signal. In the case of the intersection of Ethanac Road at Barnett Road/Case Road, there is only one traffic signal cabinet located south of Ethanac Road between the two offset legs of the intersection. As such, while the northbound and southbound approaches are offset, the intersection operates as one signalized intersection that has connected phasing, signal timing, and cycle length. As a result, the intersection of Barnett Road/Case Road at Ethanac Road operates as one intersection and should be analyzed as one for analysis purposes. The comment suggests that the offset nature of Barnett Road and Case Road (the north/south roads at this intersection) causes a safety hazard and that the Project will exacerbate those issues. It should be noted that the Project does not take direct access from Barnett Road and would add only eastbound and westbound through traffic on Ethanac Road at the intersection of Ethanac Road at Barnett Road/Case Road. Therefore, the Project would not directly impact the turn pockets at the intersection and would not create or exacerbate turning hazards due to geometric design features.
A-37 The analysis does account for the “no right-turn on red” sign. In the traffic analysis model used for the Project Traffic Study, there is an input to indicate vehicles making a right turn on red, which typically would lower the overall delay of the intersection. As a conservative analysis in the Project Traffic Study, this input was not selected and no "right turn on red" vehicles were assumed on any of the approaches at the Intersection #13 (Barnett Road/Case Road at Ethanac Road).
A-38 It should be noted that the Project would only add eastbound and westbound through traffic at the intersection of Barnett Road/Case Road at Ethanac Road. Therefore, the Project would not directly impact the turn pockets or turning movement at the intersection and thus would not create or exacerbate turning hazards due to geometric design features at this intersection.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 860
Menifee Mayor and City Council November 20, 2024 Page 1706 of 2294 Further, based on review of the SWITRS data noted in the Comment from 2015-2017, there were three rear-end collisions for vehicles traveling eastbound or westbound at the intersection.
Generally, improvements are recommended based on accident data for safety purposes if there are at least five accidents that are similar in nature (i.e. rear end) within a consecutive 12-month period where the accident could be mitigated with a geometric improvement (California Manual on Uniform Traffic Control Devices, CA MUTCD). Based on review of the SWITRS data noted above and the TIMS data reference in the Comment from 2020-2023, there is not at least five accidents that are similar in nature within a consecutive 12-month period that would be caused or enhanced by the addition of eastbound and westbound through Project traffic at the intersection of Barnett Road/Case Road at Ethanac Road (Intersection #13). Therefore, no improvements are required of the Project at this intersection and the Project would not create hazards due to geometric design features.
A-39 Refer to Response to Comment A-36. No further response is warranted.
A-40 It is noted that the overall intersection delay improves with the addition of Project traffic under Existing Plus Project conditions at Intersection #6 (SR-74 at Sherman Road), Intersection #7 (Goetz Road at Fieldstone Drive), Intersection #13 (Barnett Road/Case Road at Ethanac Road), and at Intersection #23 (Sun City Boulevard at McCall Boulevard). Delay at signalized intersections is calculated based on the overall average of delay on each approach. The decrease in overall average delay for the noted intersections is due to the addition of Project traffic to an approach with a lower delay than the other approaches, which brings the overall average of all delay down for the intersection.
A-41 See Response to Comment A-36. Based on the Project Traffic Study, the intersection of Barnett Road/Case Road at Ethanac Road (Intersection #13) would operate at an acceptable LOS under Opening Year 2024 Cumulative Plus Project conditions. Therefore, no improvements are recommended at this study intersection in the Project Traffic Study. The Project Traffic Study only provides recommended improvements to study intersections and roadway segments that would cause the deficient study locations to operate at an acceptable LOS and would more than offset the Project-related effect.
A-42 The Project Traffic Study only provides recommended improvements to study intersections and roadway segments that would cause the deficient study locations to operate at an acceptable LOS and would more than offset the Project-related effect. The implementation of improvements is based on direct discussion between City staff and the Applicant via the Conditions of Approval process. Condition of Approval 209 for the proposed Project notes that the Project is conditioned to construct all improvements recommended in the Project Traffic Study for the following intersections:
• #9 - Wheat Street at Ethanac Road
• #10 - Byers Road at Ethanac Road
• #12 - Evans Road at Ethanac Road
Based on Table 4 of the Project Traffic Study, the intersection of I-215 NB Ramps at Ethanac Road (#15) would have a direct project effect. Due to the regional nature and scope of Intersection #15 as part of the Ethanac Road/I-215 interchange, the Project will be contributing a fair-share Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 861
Menifee Mayor and City Council November 20, 2024 Page 1707 of 2294 payment per Condition of Approval #212, instead of directly constructing improvements. It should be noted that the Ethanac Road/I-215 interchange has been identified as a Western Riverside Council of Governments (WRCOG) Transportation Uniform Mitigation Fee (TUMF) project.
Therefore, the Project's payment of TUMF fees will cover additional costs to TUMF projects, such as the Ethanac Road/I-215 interchange. Nevertheless, the recommended improvements to deficient study locations are to address automobile delay, which are no longer CEQA impacts and therefore, not required improvements to mitigate CEQA-related impacts. A-43 Refer to Response A-42. No further response is warranted.
A-44 Refer to Response A12 regarding offsite improvements. Refer to Response A14 regarding the testing of diesel-powered fire pumps and/or diesel generators.
A-45 The commenter notes that the Greenhouse Gas Emissions Assessment used CalEEMod version 2020.4 and acknowledges that SCAQMD recommended that all air quality analyses conducted after December 21, 2022 use the latest version of CalEEMod. Consistent with SCAQMD’s recommendations, the air quality and greenhouse gas modeling for the Project was initially completed in August 2022 with additional modeling completed in October 2022 to incorporate mitigation required by the Health Risk Assessment (HRA). Therefore, all modeling for the Project was completed before CalEEMod 2022 was approved for full release. As a result, CalEEMod version 2020.4 was the latest available software at the time the analysis was conducted.
A-46 Refer to Response A-12.
A-47 MM AQ-3 requires the Project operator to submit a TDM program to the City. This measure provides employees with information regarding the use of public transportation, carpooling/vanpooling, and walking or biking to work, rather than driving to work every day. The development and submission of this plan is the performance standard for this mitigation measure, as the Project cannot compel employees not to drive their own vehicles to work. As a result, it is not possible to require an absolute VMT reduction as a mitigation target, however TDM programs are commonly used in the industry and are supported by CAPCOA,1 CARB,2 SCAQMD,3 and SCAG4 as a VMT (and thus air quality and GHG) reduction strategy. The commenter implies that this mitigation measure is the main source of NOX reductions that reduced emission to less than significant levels, however CalEEMod only took credit for 0.3 percent reduction of NOX emissions associated with MM AQ-3. Although not acknowledged by the commenter, MM AQ-4, which requires all cargo handling equipment to be zero emissions, is the main source of NOX emission reduction which resulted in less than significant levels.
A-48 As discussed in Response A-12, the CalEEMod modeling for the Project included an additional 3.39 acres to conservatively include all offsite improvements associated with the Project. CalEEMod provides a list of typical construction equipment based on the size of the Project site and the types of land uses proposed. As a result, all construction equipment necessary for the offsite 1 California Air Pollution Control Officers Association. page 76. https://www.airquality.org/ClimateChange/Documents/Handbook%20Public%20Draft_2021-Aug.pdf 2 California Air Resources Board. page 100. https://ww2.arb.ca.gov/sites/default/files/2019- 11/Final%20SCS%20Program%20and%20Evaluation%20Guidelines%20Appendices.pdf 3 South Coast AQMD. page 4-52. https://www.aqmd.gov/docs/default-source/clean-air-plans/air-quality-management-plans/2022- air-quality-management-plan/final-2022-aqmp/07-ch4.pdf?sfvrsn=6 4 Southern California Association of Governments. https://scag.ca.gov/TDM Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 862
Menifee Mayor and City Council November 20, 2024 Page 1708 of 2294 improvements identified in the Traffic Study, located in Appendix K of the Draft EIR, have been included in the construction noise model. As shown in Table 4.11-9: Project Construction Noise Levels of the Draft EIR, construction noise would not exceed noise thresholds and therefore would not result in a significant noise impact.
A-49 The commenter seems to suggest that the cumulative noise threshold used in the analysis was not correct but does not provide details regarding what threshold the commenter believes is appropriate. Cumulative noise impacts are discussed on pages 4.11-25 through 4.11-27 of the Draft EIR. As discussed in response A-50 below, consistent with CEQA, a two-step process for determining cumulative noise impacts was used in the analysis.
A-50 In accordance with CEQA Guidelines, the Draft EIR addresses the cumulative noise impacts by addressing the following two step process: (1) whether the effects of the Project combined with other projects are cumulatively significant and (2) whether the Project’s incremental contribution to the impact is cumulatively considerable. Draft EIR Table 4.11-13: Cumulative Off-Site Traffic Noise Levels identifies both the combined and incremental noise increases.
Draft EIR Table 4.11-13 shows the combined traffic noise levels of the Project and other future projects would increase noise levels over 3 dBA above existing conditions at two roadway segments on Ethanac Road, one between Wheat Street and Murrietta Road and the other between Murrieta Road and Evans Road. These two roadway segments satisfy the first step, in identifying cumulative impacts. Therefore, the Draft EIR identifies the cumulative impact.
However, the Project’s incremental contribution to these impacts is not cumulatively considerable as the incremental contribution must exceed 1.0 dBA to be considered significant.
As shown in Table 4.11-13, the incremental increase associated with the Project at these roadway segments are 0.99 dBA and 0.72 dBA. As discussed previously, to be considered a cumulatively significant impact, an impact must satisfy both conditions of the two-step cumulative process. As shown in Table 4.11-13, none of the roadway segments satisfy both conditions, therefore the Project’s incremental effect would not be cumulatively considerable, and the Project would not result in cumulatively significant impacts.
The comment incorrectly states that the Draft EIR does not identify a significant impact. As noted above, the Draft EIR identified the cumulative impact. However, the Draft EIR determines that this impact would not be cumulatively considerable and therefore not significant.
A-51 As stated in Final EIR Response to Comment G10, CEQA Guidelines Section 15126.6 requires that a project provide a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project and evaluate the comparative merits of the alternatives. An EIR need not consider every conceivable alternative to a project.
Rather it must consider a reasonable range of potentially feasible alternatives that will foster informed decision making and public participation. The City deemed that, for this Project, having two alternatives for the Project provides an adequate range of alternatives pursuant to CEQA Guidelines Section 15126.6, because those were the alternatives determined which could reduce the Project’s significant effects while still meeting most of the basic Project objectives.
A-52 Refer to Response to Comment A-51 above.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 863
Menifee Mayor and City Council November 20, 2024 Page 1709 of 2294 A-53 This comment is a conclusion of the City of Perris’ appeal letter and does not raise any substantive issues. No further response is warranted.
A-54 This comment is an attachment of the City of Perris’ letter submitted to the City of Menifee containing initial comments on December 22, 2021. Those initial comments were addressed in the Draft EIR. No further response is warranted.
A-55 This comment is an attachment of the City of Perris’ letter submitted to the City of Menifee on the NOP on May 16, 2022. The comments on the NOP were taken into consideration and incorporated as appropriate into the Draft EIR. No further response is warranted.
A-56 This comment is an attachment of the City of Perris’ letter submitted to the City of Menifee during the public review period of the Draft EIR on April 26, 2024. This letter was fully responded to as part of the Final EIR for the project dated August 2024. No further response is warranted.
A-57 Refer to Response to Comment A-54 above.
A-58 Refer to Response to Comment A-55 above.
A-59 This comment is an attachment of the City of Perris’ letter submitted to the City of Menifee in consideration of the Final EIR approval by City of Menifee Planning Commission on August 14, 2024. No further response is warranted.
A-60 The City of Perris’s email correspondence with the City of Menifee from June 11, 2024 has been noted and no further response is warranted.
A-61 Refer to Response to Comment A-54 above.
A-62 Refer to Response to Comment A-55 above.
A-63 Refer to Response to Comment A-56 above.
A-64 Refer to Response to Comment A-56 above. The comment also includes FEIR Responses to Comments to the City of Perris’ letter. No further response is warranted.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 864
Menifee Mayor and City Council November 20, 2024 Page 1710 of 2294 RESOLUTION NO. 24-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA DENYING APPEAL NO. PLN24-0169 OF THE CADO
MENIFEE INDUSTRIAL WAREHOUSE PROJECT (TENTATIVE
PARCEL MAP NO. PLN22-0041 AND PLOT PLAN NO. PLN21-0370) WHEREAS, on November 15, 2021, the applicant, CADO Menifee, LLC (“Applicant”), filed a formal application with the City of Menifee for the approval of Tentative Parcel Map (TPM) No. 38139 (PLN22-0041) to consolidate eight parcels into one industrial parcel for a total of approximately 40.03 gross acres and 36.81 net acres, and Plot Plan (PP) No. PLN21-0370 for the construction of a 700,037 square-foot warehouse/industrial building with 10,000 square feet of office space and 690,037 square feet of warehouse space on the same 40.03 gross acre site (the “Project”). The Project site is generally located north of Corsica Lane, south of Kuffel Road, east of Wheat Street, and west of Byers Road within the City of Menifee (City), County of Riverside, State of California (APNs: 330-190-002 through -005 and 330-190-010 through -013); and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared to analyze and mitigate the Project's potentially significant environmental impacts; and WHEREAS, on August 14, 2024, at a legally noticed public hearing, the Planning Commission voted 3-1-1 to certify the EIR and approve TPM No. 38139 (PLN22-0041) and PP No. PLN21-0370 for the Project; and
WHEREAS, on August 20, 2024, an application to appeal Planning Commission certification of the EIR for the Project and approval of TPM No. 38139 (PLN22-0041) and PP No. PLN21-0370 was submitted by the Golden State Environmental Justice Alliance; and
WHEREAS, on November 6, 2024, the City Council of the City of Menifee held a public hearing on the appeal of the Planning Commission’s certification of the EIR and approval of TPM No. 38139 (PLN22-0041) and PP No. PLN21-0370 and Resolution Nos. PC24-0639 and PC24-0640, considered all public testimony as well as all materials in the staff report and accompanying documents for the appeal, which hearing was publicly noticed by a publication in The Press Enterprise, a newspaper of general circulation, an agenda posting, notice to property owners within 300 feet of the Project boundaries, on-site posting at the Project site, and to persons requesting public notice.
NOW THEREFORE, the City Council of the City of Menifee hereby approves the following:
1. That the City Council finds the facts presented within the public record and within the Resolution provides the basis to deny Appeal No. PLN24-0169 and uphold the Planning Commission certification of the EIR and approval of TPM No. 38139 (PLN22-0041) and PP No. PLN21-0370 and Resolution Nos. PC24-0639 and PC24-0640.
Item Title: 11.2
Appeal of the CADO Menifee Industrial Warehouse Project Item Page Number: 865
Menifee Mayor and City Council November 20, 2024 Page 1711 of 2294 Appeal of CADO Menifee Industrial Warehouse Project - GSEJA October 2, 2024