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City of Menifee
Northern Gateway Logistics Center Project
Comments and Responses
Appeal Letter B: Aleshire & Wynder in c/o City of Perris B-1: Our firm serves as the City Attorney for the City of Perris ("Perris"). On behalf of Perris this letter is submitted to explain the basis for Perris' Appeal of the Menifee Planning Commission's May 14, 2025 decision to approve Planning Case PLN23-0040 to permit the construction and operation of the Northern Gateway Logistics Center in the City of Menifee ("Menifee") totaling approximately 398,041 square feet on 20.17 acres located south of Ethanac Road between Evans Road and Barnett Road ("Project") and certify the Final Environment Impact Report ("EIR") prepared for the Project.
Response B-1: Comment noted.
B-2: The City of Perris ("Perris") submits this appeal following the Planning Commission's improper approval of the Project due to non-compliance with the California Environmental Quality Act ("CEQA") regarding the environmental impacts of the Project. The Project square footage will include Building 1 (northern building), 45 feet -I inch in height and approximately 99,326 square feet of warehousing space with 6,000 square feet of office space for a total of 105,326 square feet and Building 2, 45 feet - 7 inches in height and approximately 277,715 of warehousing space, 8,000 square feet of office space and a 7,000 square -foot mezzanine for a total of 292,715 square feet. Both warehouses have a combined total of approximately 398,041 square feet. The Project proposes to include 52 dock -high doors (Building 1- 15 and Building 2-37) and four grade-level truck doors (two per building). It also proposes 15 trailer stalls (including dock spaces) on the truck court on Building 1, 78 trailer stalls on Building 2, 108 p assenger car spaces on Building l's site, and 244 passenger car spaces on Building 2's site.
The Project is located south of the Green Valley Specific Plan (GVSP) in the City of Perris. The GVSP is a master-planned community totaling, 1,269 acres of land envisioned to be developed with 3,460 single-family detached homes, 750 multi-family residential units, 42 .3 acres of business and professional office space, 72. 7 acres of commercial retail, 108. 7 acres of industrial, 24 acres for three school sites, and 51.1 acres of public parks.
Response B-2: Comment noted.
Exhibit A
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City of Menifee
Northern Gateway Logistics Center Project
Comments and Responses
B-3: Although there are some industrial zones in the GVSP, they are located adjacent to the Perris Valley Airport north of the San Jacinto River, which has land use density limitations. All the development in the GVSP south of the San Jacinto River to Ethanac Road is residential, with some commercial development towards the 1-215 Freeway. Due to the proximity of residential uses to Ethanac Road, industrial development in the City of Perris is not allowed to utilize Ethanac Road as a truck route.
Response B-3: Comment noted.
B-4: On July 22, 2024, Perris submitted to Menifee an initial comment letter identifying many of the same concerns at issue in this appeal. On May 14, 2025, Perris submitted to Menifee another comment letter, also identifying many of the same concerns at issue in this appeal that were not addressed in the letter dated July 22, 2024. Menifee provided responses to Perris' letter dated July 22, 2024, as part of the Final Environmental Impact Report ("Menifee Response"); however, the concerns raised by Perris in the July 22, 2024, letter were not adequately addressed by the Menifee Response. The July 22, 2024 letter and May 14, 2025 letter are attached hereto as Exhibit A and are incorporated herein by this reference.
Response B-4: 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 adequate ly 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.
B-5: Therefore, City of Perris submits this appeal due to the Project's unaddressed impacts on I the City of Perris' residential neighborhoods, public safety concerns, inadequacy of the Final EIR, and increased truck traffic on Ethanac Road. Specifically, the City of Perris appeals as set forth below.
Response B -5: 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 B-7 through A-22 prepared in response to the City of Perris’ comments.
B-6: The following are the basis for the City of Perris' appeal of the Planning Commission's May 14, 2025, approval of Plot Plan No. PLN23-0040.
Response B-6: Comment noted.
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City of Menifee
Northern Gateway Logistics Center Project
Comments and Responses
B-7: Pursuant to Senate Bill 330, local jurisdictions are prohibited from downzoning unless they upzone an equivalent amount elsewhere. Although no downzoning is technically proposed, the Project site is located in the Economic Development Corridor (EDC) Northern Gateway, where 5% of the land is intended to be preserved for residential development, while the remaining land is designated for industrial development (Refer to Menifee's General Plan Land Use Element Exhibit LU-B2B: Northern Gateway below).
Response B -7: The appeal letter asserts the Project and EIR does not comply with Senate Bill 330 or the Economic Development Corridor General Plan and Zoning designation where 5% of the land is intended to be preserved for residential development while the remaining land is designated for industrial development. Senate Bill 330 requires that jurisdictions must replace lost units due to downzoning. The units can be replaced by either upzoning or rezoning a different property by the same amount as the lost units.
This Project does not include a change in zone nor contributes to the loss of residential units as the Project site is vacant, therefore the Project is not subject to the requirements of Senate Bill 330. Additionally, the 5% intended for residential in the Economic Development Corridor Northern Gateway is intended for the preservation of existing residential in the area which exceeds the 5% required by the General Plan. This Project is proposed on vacant land and will not result in the loss of units and therefore is consistent with the Economic Development Corridor General Plan and Zoning Designation.
B-8: As there are projects in process or have been recently approved in the Economic Development Corridor that will remove existing residential tracts or remove homes, the zoning designation has no implementation program to monitor and ensure the loss of residential capacity does not drop below 5%.
Response B-8: Refer to Response B-7, above.
B-9: Therefore, the EIR would need to analyze and discuss how the City intends to preserve or monitor that 5% of the land use will be retained for future residential uses. Without an implementation plan /monitoring program in place, the Project, in combina tion with other projects in the pipeline, would have the potential net effect of eliminating housing without providing for a provision in place to ensure that 5 percent of the land is preserved for future residential development as envisioned EDC Northern Response B-9: Refer to Response B -7, above. The EIR fully analyzed all impacts of the proposed Project. As stated above, the Project does not include the removal of residential uses for non -residential uses, nor does it propose a Zone Change and/or General Plan Amendment to allow for non-residential uses. The Project would not eliminate housing of any kind nor would it downzone any property within the Project boundaries. 6/25/2025 Page 13
City of Menifee
Northern Gateway Logistics Center Project
Comments and Responses
Gateway identified in Menifee's General Plan. Therefore, the Project would effectively downzone the property.
B-10:
Response B-10: Refer to Response B-7, above.
B-11: B. Transportation Impacts
This project is located within "Island 7" of the Economic Development Corridor-Northern Gateway (EDC -NG) area. As part of the study, several deficiencies in roadway facilities were identified (within both the City of Menifee & City of Perris), and corresponding improvements were identified to offset these deficiencies. Since this Project is part of the EDC -NG and will Response B-11: The Project's effect on the surrounding roadway network was analyzed as part of the approved Traffic Study. As part of the Traffic Study scoping process, it was determined that the impacts at Ethanac Rd & Evans Rd, Ethanac Rd & Barnett Rd/Case Rd, Ethanac Rd & I -215 SB ramps, and Ethanac Rd & I-215 NB ramps be analyzed, as well as segments of Ethanac Rd within the Project vicinity. Per City of Menifee LOS Traffic Study Guidelines (October 2020), the Traffic Study study area shall include
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City of Menifee
Northern Gateway Logistics Center Project
Comments and Responses
contribute to the overall degradation of these roadway facilities, the Project shall be responsible for its fair share contribution towards all of these improvements.
streets where 50 or more peak hour trips are added. In the highest trip - generating peak hour (PM) the Project is estimated to generate 101 total trips. The proposed trip distribution encompassed just 30% of passenger car trips west of Evans Rd, and 10% of passenger trips east of I -215; all truck trips approached and departed the site via I -215. Accordingly, the number of trips outside of the limits of the studied intersections/roadway segments was far below the threshold for analysis, and impacts outside of the study area would be minimal. Furthermore, the remaining trips outside of the study area would be westboun d and eastbound through movements only. Therefore, the fair share costs to be paid for by the Project shall be contained to those specified in the approved Traffic Study.
B-12: Allowing the proposed industrial development would generate truck traffic along Ethanac Road, as trucks are anticipated to access the site via Evans Road. The existing westbound left tum pocket on Ethanac Road at Evans Road was not designed for queuing of trucks to minimize impacts to existing and future residential development. To avoid land use impacts, it is recommended that trucks be required to access the site via Barnett Road only, as access via Evans Road would place queuing of trucks directly across the already entitled residential development in the GVSP area in the City of Perris.
Response B -12: Anticipated westbound left -turn truck queues at the intersection of Evans Rd and Ethanac Rd were evaluated as part of the Traffic Study to assess potential impacts. On page 42 of the approved Traffic Study, it is recommended that the existin g westbound left -turn pocket be extended to 475 feet, to ensure typical worst -case queues can be accommodated, and thereby westbound through traffic along Ethanac Rd is unaffected. Furthermore, the Traffic Study recommends a traffic signal be installed at this intersection. Accordingly, these improvements would mitigate impacts for westbound left-turning trucks from Ethanac Rd to Evans Rd.
B-13: Specifically, the traffic study and FEIR fail to properly (or entirely) assess the following critical issues:
Response B-13: B-13 introduces questions B -14 through B-19. Please see respective responses below.
B-14: a. The traffic study incorrectly utilizes Ethanac Road as a two-way truck access route to/from the project from Evans Road.
Response B-14: Ethanac Rd is currently designated as a truck route by the City of Menifee, and is designated as a truck route east of Barnett Rd by the City of Perris. The Project proposes truck driveway access along Evans Rd. In order to safely and efficiently access the Evans Rd driveway, truck access is required via Evans Rd from Ethanac Rd. As mentioned previously, improvements are recommended to mitigate deficiencies on the bas is of queueing and Level of Service (LOS), which would provide for safe and efficient truck ingress and egress. Furthermore, the City of Perris alluded to the Economic Development Corridor – Northern Gateway (EDC-NG) in 6/25/2025 Page 15
City of Menifee
Northern Gateway Logistics Center Project
Comments and Responses
comment B -11; this development is zoned for 95% residential development spanning along the southern limits of Ethanac Rd, terminating at Goetz Rd to the west. If trucks are not permitted to use Ethanac Rd to access the future industrial uses, they would need to utilize McLaughlin Rd via Barnett Rd. McLaughlin Rd provides primary access to residential developments, has a maximum of one travel lane in each direction, and is not designated as a truck route at any point. It is not advisable to intentionally sen d truck trips on a road with these characteristics, as opposed to a road such as Ethanac, which is already a majority truck route, has far greater capacity, and would provide more direct access to the industrial projects. Therefore, two-way truck access is essential to the efficient and safe operation of the proposed Project, as well as future EDC-NG developments.
B-15: b. The traffic study fails to consider the findings of the EDC-NG Master Circulation Plan a traffic study for alternative truck routes and cumulative deficiencies.
Response B -15: The EDC -NG Master Circulation Plan is currently in progress and is not yet complete, meaning findings from the study are not yet available as of June 2025. As the approved Traffic Study was drafted in October 2023, the study did not encompass findings from the EDC -NG Master Circulation Plan, and still cannot assess findings at the present time. It should also be noted that the approved traffic study analysis included projected traffic for several developments within the EDC -NG limits.
B-16: c. The analysis methodology utilized for the Case Road/Barnett Road at Ethanac Road offset intersections fails to fully analyze the unique characteristics of these offset intersections and ultimately understates how the project will contribute to the degradation of traffic safety at this location.
Response B-16: The intersection of Ethanac Rd and Case Rd/Barnett Rd operates as a single offset intersection. There is one signal controller at the intersection, which manages timing for Ethanac Rd, Case Rd and Barnett Rd simultaneously as part of a standard 8 -phase NEMA system.
The northbound (Barnett Rd) and southbound (Case Rd) approaches operate under split phasing, meaning only one approach will be given the green light at a time. These operations were modeled consistently using Vistro traffic modeling software. The City of Menifee and the City of Perris require evaluation of intersection LOS using the latest Highway Capacity Manual (HCM) methodology, which evaluates intersections on the basis of delay. The Vistro model was run, and results were genera ted using HCM methodology. Both the City of Menifee and the City of Perris define an 6/25/2025 Page 16
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Northern Gateway Logistics Center Project
Comments and Responses
acceptable intersection LOS to be LOS D or better for intersections, and LOS E or better for I -215 ramp intersections. Furthermore, both cities define a project impact to be significant if a project adding 50 or more peak hour trips to an intersection incr eases intersection delay by 2 seconds or more, and causes the intersection to operate at an unacceptable LOS. The traffic study showed that with addition of project traffic, the delay added to the Ethanac Rd at Case Rd/Barnett Rd intersection was less than 2 seconds, and LOS was D or better in all “Plus Project” scenarios. Therefore, the Ethanac Rd at Case Rd/Barnett Rd and potential project impacts at the intersection were correctly analyzed by both City of Menifee and City of Perris standards.
B-17: d. The FEIR states that LOS/queuing is no longer considered under CEQA, but it is still ultimately required with respect to General Plan consistency/Menifee's traffic study guidelines. Additionally, several traffic safety issues are not properly analyzed, which is a CEQA requirement.
Response B -17: The approved traffic study encompassed both LOS and queueing analyses at Ethanac Rd & Evans Rd, Ethanac Rd & Barnett Rd/Case Rd, Ethanac Rd & I -215 SB ramps, and Ethanac Rd & I -215 NB ramps, as well as the proposed project driveways. These analyses were conducted consistent with modeling and methodology guidelines set forth in the City of Menifee LOS Traffic Study Guidelines (October 2020), which were reviewed and approved by City staff. While the City of Perris’ comment does not elaborate on the context of the “several traffic safety issues” that were not properly analyzed, the analysis was completed in accordance with City of Menifee guidelines. Furthermore, and as previously mentioned, the LOS performance and project impact criteria defined by the City of Menifee are consistent with the criteria utilized by the City of Perris for similar traffic studies. The approved traffic study sufficiently assesses deficiencies and impacts per City standards.
B-18: e. The traffic study does not properly analyze/address the excessive queuing along Ethanac Road.
Response B -18: The approved traffic study encompassed queueing analyses for left -turns at Ethanac Rd & Evans Rd, Ethanac Rd & Barnett Rd/Case Rd, and Ethanac Rd & I -215 NB ramps. These analyses were conducted consistent with modeling and methodology guidelines set forth in the City of Menifee LOS Traffic Study Guidelines (October 2020), which were reviewed and approved by City staff. While the City of Perris’ comment does not elaborate on how “the traffic study does not properly analyze” excessive queueing on Ethanac Rd, the analysis was completed in 6/25/2025 Page 17
City of Menifee
Northern Gateway Logistics Center Project
Comments and Responses
accordance with City of Menifee guidelines. The study provided recommendations for increasing turn pocket storage to alleviate queueing deficiencies and proposed improvements on the basis of LOS to further improve operations along Ethanac Rd. Furthermore, the queues studied were determined by City staff and were analyzed for all scenarios.
B-19: f. The traffic study limits the recommended roadway improvements to site-adjacent roadways only. The project shall contribute to all improvements identified in the EDC-NG Master Circulation Plan traffic study.
Response B -19: Please refer to response to comment B -11 regarding reasoning for the studied limits. Furthermore, refer to response to comment B-15 regarding the EDC -NG Master Circulation Plan. As project impacts of significance were only deemed to be within the traffic study roadway network, th e fact estimated trips for several EDC -NG developments were included in the approved traffic study, and the fact that the EDC -NG Master Circulation Plan is still in development, the improvements recommended in the approved traffic study sufficiently address the proposed impacts of the project.
B-20: C. Previously Approved Surrounding Industrial Development The proximity of this project, in conjunction with the previously approved Menifee's I Phelan project, located northeast of the project site, exacerbates a public safety and traffic issue without fair share funding for the 1 -215 Interchange and fixing the Barnett/Ethanac realignment.
Response B -20: The approved traffic study demonstrated that the intersection of Ethanac Rd and Case Rd/Barnett Rd operates at an acceptable LOS both with and without the proposed project, in accordance with City of Menifee guidelines. Additionally, the traffic study does include a fair share calculation for improvements at both the I -215 NB and SB ramps – please refer to page 41 of the approved traffic study.
B-21: The City of Perris asks that the Menifee City Council reverse the Planning Commission decision and deny the Project Plan in light of the significant deficiencies in the Project and Final EIR described above. The City of Perris looks forward to working with Menifee to facilitate the preparation and consideration of a Project and proper Final EIR that meets the requirements of applicable state housing laws and the California Environmental Quality Act.
Response B-21: Comment noted.
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City of Menifee
Northern Gateway Logistics Center Project
Comments and Responses
B-22: Refer to Bracketed Appeal Letter B for the entire comment. Response B-22: Comment noted.