RESOLUTION NO. 13-347

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR AN COMPREHENSIVE UPDATE TO THE CITY'S GENERAL PLAN, ADOPTING THE ASSOCIATED CEQA FINDINGS OF FACT, A STATEMENT OF OVERRIDING CONSIDERATIONS WITH RESPECT TO CERTAIN SIGNIFICANT IMPACTS IDENTIFIED IN THE ENVIRONMENTAL IMPACT REPORT, AND THE MITIGATION MONITORING AND REPORTING PROGRAM AS OUTLINED IN THE ENVIRONMENTAL IMPACT REPORT AND ADOPTING A NEW GENERAL PLAN TO REPLACE, IN ITS ENTIRETY, THE CITY'S CURRENT GENERAL PLAN.

WHEREAS, the Riverside County Integrated Project (RCIP) Land Use Map and associated goals, policies and implementation actions were adopted as the City of Menifee General Plan by the City Council following incorporation of the City in October of 2008; and

WHEREAS, the Municipal Code of the City of Menifee was adopted by the City Council on October 1, 2008, establishing the steps and procedures necessary to either adopt or amend provisions or portions of the General Plan or the Development Code; and

WHEREAS, the City of Menifee retained the services of The Planning Center, a land use consulting firm, to draft and assist the City in the creation of a new General Plan, Implementation Actions and Environmental Impact Report, as well as associated supporting technical documents, for the community; and

WHEREAS, the City Council established the General Plan Advisory Committee (GPAC), tasking this group with assisting the Planning Commission and City Council in gathering citizen and interested party input on the draft General Plan Land Use Map, as well as goals and policies; and

WHEREAS, following numerous community meetings and Study Sessions, all open to the public, the General Plan Advisory Committee in December of 2010 officially forwarded its recommendations to the Planning Commission and City Council regarding the Land Use map that would form the basis for the draft General Plan Update, General Plan Implementation Actions and draft Environmental Impact Report; and

WHEREAS, there is no specific development project proposed as part of the General Plan Update; and

WHEREAS, pursuant to Section 15105 of the CEQA Guidelines, the Draft Environmental Impact Report (DEIR) was circulated for a forty-five (45)-day public review and comment period, September 13, 2013 and ending October 28, 2013. It was also provided to the State Clearinghouse (SCH No. 2012071033) during the same time period for review by State Agencies.

WHEREAS, comments on the DEIR were received from eight (8) public and private agencies as well as individual members of the public and pursuant to Section 15088 of the CEQA Guidelines, the City prepared responses to the comments received concerning the DEIR and included both the comments and the City's response to these comments within the Final Environmental Impact Report (FEIR); and

WHEREAS, a series of errata to the analysis in the DEIR, based on such comments and the response to these comments and including minor changes in format, typography and Resolution No. 13-347 General Plan

phraseology, none requiting additional impacts to be analyzed, were prepared and included in the FEIR; and

WHEREAS, several changes to the Chapters and Elements of the General Plan, as well as the Land Use Map, were discussed by City Council and Planning Commission, some were minor changes in format, typography and phraseology, none requiring additional impacts to be analyzed, while others resulted in changes as directed by the Council, with the discussion and decisions listed below; and

• Goetz Road properties remain a commercial use and all properties will be required to be in conformance. The Council voted to retain these parcel's current Riverside County Integrated Plan (RCIP) commercial General Plan designations (not changing them to the proposed residential).

• Discuss land use net versus gross values and detail them in the zoning code, not the General Plan. The Council voted to establish the definitions of net and gross in the zoning code, not within the General Plan.

• Keep the current EDC definition. The Council voted to retain the Economic Development Corridor (EDC) definition as currently written within the text of the proposed General Plan, with the deletion of the word "not" from the definition to correct a typographical error, as recommended by the Planning Commission.

• Include a reference to Romoland in the introduction, strike the language "waste water plant" as one does not currently exist within the City, and leaving in the "biosolids" reference in the Safety Element background documents. The Council voted to amend the portions of the General Plan text identified herein as recommended by the Planning Commission.

• Allow the request of RR1/2 for property owner's land use request #1 on Mapes Road. The Council voted to support the designation of the property along Mapes Road as Rural Residential one-half acre minimum lot size (RR Yz) as recommended by the Planning Commission.

• Include a reference to a regional park, with a minimum of twenty-five (25) acres, in both Chapter ten (10), Open Space and Conservation as an implementation action and a regional park will be included as a policy statement. The Council voted to include the reference to the regional park, its minimum size, and reference this park within both the Open Space Chapter and General Plan Policies as recommended by the Planning Commission.

• Wong property designation of RR1 , 1 acre minimum. The Council voted to designate the Wong Property as Rural Residential two acre minimum lot size (RR 2).

• The EDC designation within the GPA 1040 area will stop at Howard Road. The Council voted to support the Planning Commission's recommendation and place the EDC area western edge limitation at Howard Road along Scott Road. Properties that had been proposed in this area as EDC shall retain their current RCIP General Plan designations.

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• Consider adjusting the designation of the property north of "The Club" to a residential density consistent with The Club's designation (8 .1 to 14 DU/Ac) and adjust the land use designation for that property south of Salt Creek Wash and west of Bradley Road owned by Mr. Womble ("Womble Property") from Economic Development Corridor (EDC) to Residential, 20.1 to 24 DU/Ac. Comments from The Planning Center were that such a change would not have an adverse effect upon the proposed Housing Element. The Council voted to designate that property north of The Club as Residential 8.1 to 14 Dwelling Units per Acre (DU/Ac); voted to designate the Womble Property as Residential 8.1 to 14 Dwelling Units per Acre; and voted to change the designation of the property illustrated as Option #4 at the December 4th Council meeting, property along Mathews Road, as Residential 20.1to24 DU/Ac as offered by the consultants.

• Bell Mountain designation. The Council voted to remove the proposed Open Space­ Conservation designation on the privately held Bell Mountain properties and instead to designate these parcels as Rural Residential five acre minimum lot size (RR 5). In addition, the Council voted to remove the Open Space-Conservation designation from all privately held properties, except Bell Mountain properties, under the current General Plan proposal, retaining instead these properties current (RCIP) designations.

WHEREAS, after duly advertised and noticed Public Hearings on October 22, 2013 and November 12, 2013 regarding the adoption of a new General Plan for the City of Menifee, the Planning Commission adopted Commission Resolution No. 2013-153, forwarding a recommendation that the City Council certify the Environmental Impact Report (and associated supporting technical documents) and adopt the comprehensive update to the City's General Plan and the stand alone General Plan Implementation Actions; and

WHEREAS, on November 4, 2013, a Public Hearing for the comprehensive update to the City's General Plan was duly noticed in the Press-Enterprise, a newspaper of general circulation within the City of Menifee; and

WHEREAS, after duly advertised and noticed Public Hearings on November 20, 2013, December 4, 2013 and December 18, 2013, the City Council of the City of Menifee received public testimony on the Environmental Impact Report and comprehensive update to the General Plan to replace, in its entirety, the City's existing General Plan; and

WHEREAS, at said Public Hearing, the Council, following receipt of public input, deliberated the proposed Environmental Impact Report, and associated technical documents, and the comprehensive update to the General Plan and associated General Plan Implementation Actions; and

WHEREAS, after said Public Hearing, the City Council of the City of Menifee in its review of the Environmental Impact Report for the comprehensive update to the General Plan on the basis of the whole record before it (including any comments received at the Public Hearings), has identified the "Findings" mandated under CEQA Section 15091 and addresses these Findings within "Exhibit A" "CEQA Findings of Fact" attached to the Final Environmental Impact Report; and

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WHEREAS, the proposed comprehensive update to the City of Menifee General Plan by way of the documents presented to and considered by the City Council is consistent with the current Goals and Policies of the City of Menifee General Plan and the City's adopted Municipal Code and shall promote the health, safety and general welfare of the property owners, residents and visitors to the City of Menifee; and

WHEREAS, to achieve the goals and policies of the proposed comprehensive update to the City's General Plan specific implementation strategies have been created to assist and monitor the City's efforts and progress at achieving these Goals and Policies; and

WHEREAS, the City Council of the City of Menifee in its review of the proposed General Plan Amendment by way of PC 09-53 adopts the following "Findings":

A. Although the proposal before the City Council is a complete update to the City's General Plan, this update is consistent with the Goals and Policies of the current General Plan relative to the nature of such a document (the delineation of land uses and establishment of Goals and Policies to guide the future growth of the community). Decisions on those Goals and Policies are policy decisions of the City Council which shall be established with the new General Plan. As such, the comprehensive update to the General Plan, adopting an entirely new General Plan, is consistent with the Goals and Policies as established within the new General Plan.

B. The proposed comprehensive update to the General Plan, to update and completely replace the City's current General Plan, establishes reasonable standards and controls for the future development of the City of Menifee to ensure compatibility and integrity of new uses with other established uses within the community.

C. Adoption of the proposed comprehensive update to the City's current General Plan and the stand alone General Plan Implementation Actions establishes reasonable development rights and opportunities for all property owners within the community, while assuring that environmental issues and concerns are raised, considered and addressed before such uses are established. Concern for and safeguards to assure protection of environmentally sensitive land uses and species are established with the comprehensive update to the General Plan and through adoption of the Final Environmental Impact Report and associated documents.

D. The proposed comprehensive update to the General Plan establishes land uses and community Goals and Policies to guide the growth of the community for at least the next twenty (20) years. Measures have been included within the proposed update to assure that future development occurs in a manner that can be clearly seen as protecting the general health, safety and welfare of the residents, property owners and visitors to the City of Menifee.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA TAKES THE FOLLOWING ACTIONS:

Sectjon 1. Based upon review of the proposed comprehensive update to the City's adopted General Plan, the City Council finds that the Environmental Impact Report, and associated documents, conforms to the requirements of State law and is in compliance with the California Environmental Quality Act (CEQA).

4 Resolution No. 13-347 General Plan

Sectjon 2. The City Council finds that the proposed comprehensive update to the City's current General Plan is consistent with the current Goals and Policies of the City of Menifee General Plan and the Municipal Code of the City of Menifee and that adoption of the proposed comprehensive update to the General Plan shall promote the health, safety and general welfare of the property owners, residents and visitors to the City of Menifee.

Sectjon 3. The City Council approves and adopts the "Findings" required for approval for a comprehensive update to the City's General Plan Amendment as stated above.

Sectjon 4. The City Council in its review of the comprehensive update to the City's General Plan and associated Environmental Impact Report considered and adopted those comments and recommendations of the Planning Commission detailed within Planning Commission Resolution No. 2013-153, that the Council found in keeping with the goals and policies of the community as established by the City Council.

Sectjon 5. The City Council adopts the changes to the Chapters and Elements of the General Plan, as well as the Land Use Map, as discussed by City Council and Planning Commission, some being minor changes in format, typography and phraseology, none requiring additional impacts to be analyzed, while others resulted in changes as directed by the Council and as listed below:

• For properties along Goetz Road proposed to be changed to a commercial land use designation, said properties shall retain their current Riverside County Integrated Plan (RCIP) commercial General Plan designations.

• A definition for net verses gross lot area shall be established within the City's zoning code.

• Retain the EDC definition as currently written within the text of the proposed General Plan, with the deletion of the word "not".

• Amend the portions of the General Plan text to include a reference to Romoland in the introduction of the Plan, strike the language "waste water plant", and retain the "biosolids" reference in the Safety Element background documents.

• Amend the Land Use Map to designate the property along Mapes Road (identified as APN 327-260-021) as Rural Residential one-half acre minimum lot size (RR%).

• Include a reference to a regional park, with a minimum of twenty-five (25) acres, in both Chapter ten (10), Open Space and Conservation as an implementation action and a regional park will be included as a policy statement.

• Amend the Land Use Map to designate the property commonly referred to as the Wong property (APN 372-090-016) as Rural Residential two acre minimum lot size (RR 2).

• Amend the Land Use Map to terminate the Economic Development Corridor (EDC) designation along Scott Road at Howard Road, with properties that had been proposed as in this area to be EDC shall retain their current RICP General Plan designations.

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• Amend the Land Use Map to designate the property north of The Club (APN 331-090-008) as Residential 8.1 to 14 Dwelling Units per Acre (DU/Ac); designate the Womble property (APNs 338-150-029 and -031) as Residential 8.1 - 14 DU/Ac; and designate the property illustrated as Option #4 at the December 4th Council meeting, along Mathews Road (APNs 331-250-008, -010, -011, -013, -014, -015, -016, -018, -019, and -020), as Residential 20.1 to 24 DU/Ac.

• Designate the properties on Bell Mountain proposed as Open Space-Conservation as Rural Residential five acre minimum lot size (RR 5). Further, change the designation for all properties, except Bell Mountain properties, proposed to be assigned as Open Space­ Conservation, to retain their current Riverside Integrated Community Plan (RICP) designations.

Section 6. The City Council of the City of Menifee further directs that those changes to the Open Space-Conservation Element recommended by the Pechanga Band of Luiseno Indians shall be accepted and incorporated into the final Open Space-Conservation Element approved by the City Council.

Sectjon 7, The City Council of the City of Menifee certifies the Final Environmental Impact Report (FEIR) (attached hereto and incorporated by reference) for the comprehensive update to the City's General Plan, which includes the City's responses to comments received, as well as Exhibit "A" CEQA Findings of Fact, Exhibit "B" CEQA Statement of Overriding Consideration and Exhibit "C" Mitigation Monitoring and Reporting Program attached thereto.

Sectjon 8. That the City Council of the City of Menifee adopts the comprehensive update to the City's General Plan to replace, in its entirety, the current City of Menifee General Plan, including all errata, changes and corrections and the stand alone General Plan Implementation Actions.

Section 9. Notice of Adoption. The City Clerk of the City of Menifee shall certify to the adoption of this Resolution.

Section 10. Effective Date. This Resolution shall become effective 30 days following its adoption.

Section 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications and, to this end, the provisions of this Resolution are declared to be severable.

Scott A. Mann, Mayor Attest: K~ Clerk

6 Resolution No . 13-347 General Plan

Approved as to Form:

7 CEQA FINDINGS OF FACT

FOR THE MENIFEE GENEAL PLAN

FINAL ENVIRONMENTAL IMPACT REPORT

STATE CLEARINGHOUSE NO. 2012071033

Exhibit A

I. BACKGROUND

The California Environmental Quality Act (CEQA) requires that a number of written findings be made by the lead agency in connection with certification of an environmental impact report (EIR) prior to approval of the project, pursuant to Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code. This document provides the findings required by CEQA and the specific reasons for considering the project acceptable even though the project has significant impacts that are infeasible to mitigate.

The lead agency is responsible for the adequacy and objectivity of the EIR. The City of Menifee, as lead agency, has subjected the Draft EIR (DEIR) and Final EIR (FEIR) to its own review and analysis. The City of Menifee Council certifies that the DEIR, FEIR, and Findings of Fact reflect the independent judgment of the City.

A. PROJECT SUMMARY

The proposed project is the preparation of the City of Menifee’s first General Plan. As required by Government Code Section 65302, seven elements must be included in general plans: land use, circulation, housing, conservation, open space, noise, and safety. The General Plan would include the seven mandatory elements and two additional elements: community design and economic development.

The Menifee General Plan includes forecasts of long-term conditions and outlines development goals and policies. It guides growth and development in the City by designating land uses and a long-term vision for the City. The Menifee General Plan designates land use for up to 63,754 dwellings and up to 10,751,227 square feet of commercial retail and 41,569,476 square feet of nonretail uses (office, industrial, business park).

B. PROJECT OBJECTIVES

. Adopt a new General Plan that establishes the goals and policies to create a built environment that fosters the enjoyment, financial stability, and well-being of the entire community.

. Preserve a diverse mix of neighborhoods that provide an array of housing choices for a variety of life stages and lifestyles.

. Preserve the City’s rural character, where appropriate.

______City of Menifee General Plan - 1 - CEQA Findings of Fact December 2013 . Create a vibrant downtown, complete with a Community Center that serves as the central facility for our annual community celebrations and a gathering place for a broad spectrum of interests and ages.

. Preserve and promote historic and cultural resources that are unique to the City.

. Provide for adequate open space, recreational and cultural amenities to serve existing and future residents.

. Provide access to rail, bus rapid transit, local shuttle services and develop a citywide golf cart/neighborhood electric vehicle plan to minimize vehicular trips that improve air quality.

. Improve the community’s jobs-housing balance and fiscal sustainability by planning for a diversified employment base, supported by a variety of commercial, industrial, and mixed-use land uses through creation of the Economic Development Corridor (EDC) land use designation.

. Create a plan that promotes long-term economic vitality and fiscal responsibility.

. Reconcile General Plan buildout projections with regional and subregional estimates for growth.

. Incorporate housing sites identified in the Housing Element into the Land Use Element.

. Ensure consistency with AB 32, SB 375, and other federal, State, and local mandates.

. Incorporate goals, policies, and programs that integrate multiple modes of transportation and meet the requirements of the Complete Streets Act.

C. ENVIRONMENTAL REVIEW PROCESS

The FEIR includes the DEIR dated September 2013, written comments on the DEIR that were received during the public review period, and written responses to those comments and changes to the DEIR (hereinafter referred to collectively as the FEIR). In conformance with CEQA and the State CEQA Guidelines, the City conducted an extensive environmental review of the proposed project. The environmental review process has included:

. Completion of an Initial Study (IS) and Notice of Preparation (NOP), which concluded that an EIR would be prepared. The NOP was released for a 30-day public review period from July 11, 2012, to August 10, 2012. The NOP was posted at the Riverside County Clerk’s office on July 11, 2012. Copies of the IS were made available for public review at the City of Menifee, Sun City Library, Paloma Valley Library, and Romoland Library.

. Completion of the scoping process, where the public was invited by the City to participate in a scoping meeting held on August 2, 2012, at the City Hall Council Chambers. The notice of a public scoping meeting was included in the NOP for the City.

. Preparation of a DEIR, which was made available for a 45-day public review period from September 13, 2013, to October 28, 2013. Because this is the first General Plan for the City of Menifee, all 17 environmental topics were analyzed in the EIR. The Notice of ______City of Menifee General Plan - 2 - CEQA Findings of Fact December 2013 Availability for the DEIR (NOA) and the DEIR were sent to agencies, interested persons and organizations, and to the Governor’s Office of Planning and Research, State Clearinghouse for distribution to state agencies. The NOA was posted at the City of Menifee and published in the local newspaper twice. The NOA was posted at the Riverside County Clerk’s office on September 13, 2013. Copies of the NOA and DEIR were made available for public review at the City of Menifee, Sun City Library, Paloma Valley Library, and Romoland Library.

. Preparation of an FEIR, including the DEIR written comments and responses to comments. The FEIR contains comments on the DEIR, responses to those comments, and revisions to the DEIR. The FEIR was released for a 10-day agency review period prior to certification of the FEIR.

. Public hearings were held for the proposed project, including three Planning Commission Meetings (September 24, October 22, and November 12, 2013) and three City Council hearings (November 20, December 4, and December 18, 2013).

D. RECORD OF PROCEEDINGS

For purposes of CEQA and these Findings, the record of proceedings for the proposed project consists of the following documents and other evidence, at a minimum:

. The NOP, NOA, and all other public notices issued by the City in conjunction with the proposed project.

. The FEIR, which includes the DEIR, for the proposed project.

. All written comments submitted by agencies or members of the public during the DEIR public review comment period.

. All responses to written comments submitted by agencies or members of the public during the public review comment period on the DEIR.

. All written and verbal public testimony presented during the noticed public scoping meeting and hearings for the proposed project.

. The mitigation monitoring and reporting program.

. The reports and technical memoranda included or referenced in the FEIR.

. All documents, studies, EIRs, or other materials incorporated by reference in the FEIR.

. The resolutions adopted by the City in connection with the proposed project, and all documents incorporated by reference therein.

. Matters of common knowledge to the City, including but not limited to federal, state, and local laws and regulations.

. Any documents expressly cited in these Findings.

. Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e). ______City of Menifee General Plan - 3 - CEQA Findings of Fact December 2013 E. CUSTODIAN AND LOCATION OF RECORDS

The documents and other material that constitute the record of proceedings on which these findings are based are located at the City of Menifee, 29714 Haun Road, Menifee, CA 92586. The custodian for these documents is the City of Menifee. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 California Code of Regulations Section 15091(e).

II. FINDINGS AND FACTS AND OVERRIDING CONSIDERATIONS

The City of Menifee, as lead agency, is required under CEQA to make written findings concerning each alternative and each significant environmental impact identified in the DEIR and FEIR.

Specifically, regarding findings, Guidelines Section 15091 provides:

(a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:

1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the FEIR.

2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.

3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the FEIR.

(b) The findings required by subsection (a) shall be supported by substantial evidence in the record.

(c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives.

(d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. ______City of Menifee General Plan - 4 - CEQA Findings of Fact December 2013 (e) The public agency shall specify the location and custodian of the documents or other material which constitute the record of the proceedings upon which its decision is based.

(f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section.

The “changes or alterations” referred to in Section 15091(a)(1) may include a wide variety of measures or actions, as set forth in Guidelines Section 15370, including:

(a) Avoiding the impact altogether by not taking a certain action or parts of an action.

(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation.

(c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment.

(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.

(e) Compensating for the impact by replacing or providing substitute resources or environments.

Format

This document summarizes the significant environmental impacts of the project, describes how these impacts are to be mitigated, and discusses various alternatives to the proposed project, which were developed in an effort to reduce the remaining significant environmental impacts. All impacts are considered potentially significant prior to mitigation unless otherwise stated in the findings.

This document is divided into the following sections:

Section A, Summary of Environmental Impacts, presents the summary of impacts of the proposed project.

Section B, Findings on Impacts Determined to Be Less Than Significant, presents the impacts of the proposed project that were determined in the EIR to be less than significant without the addition of mitigation measures and presents the rationales for these determinations.

Section C, Findings on Impacts Mitigated to Less Than Significant, presents significant impacts of the proposed project that were identified in the FEIR, the mitigation measures identified in the Mitigation Monitoring and Reporting Program, and the rationales for the findings.

Section D, Findings on Significant Unavoidable Impacts, presents significant impacts of the proposed project that were identified in the FEIR, the mitigation measures identified in the Mitigation Monitoring and Reporting Program, the findings for significant impacts, and the rationales for the findings.

______City of Menifee General Plan - 5 - CEQA Findings of Fact December 2013 Section E, Findings on Growth-Inducing Impacts and Significant Irreversible Effects, presents the growth-inducing impacts and significant irreversible effects of the proposed project and the rationales for these determinations.

Section F, Findings on the Project Alternatives, presents alternatives to the project and evaluates them in relation to the findings set forth in Section 15091(a)(3) of the State CEQA Guidelines, which allows a public agency to approve a project that would result in one or more significant environmental effects if the project alternatives are found to be infeasible because of specific economic, social, or other considerations.

A. SUMMARY OF ENVIRONMENTAL IMPACTS

Based on the NOP and DEIR, the following is a summary of the environmental topics considered to have no impact, a less than significant impact, a less than significant impact with incorporation of mitigation measures, and a significant and unavoidable impact.

Less Than Significant Impact

. Aesthetics . Geology and Soils . Hazards and Hazardous Materials . Hydrology and Water Quality . Land Use and Planning . Mineral Resources . Noise (Construction and Vibration) . Population and Housing . Public Services . Recreation . Utilities and Service Systems

Less Than Significant Impact with Mitigation Incorporated

. Biological Resources . Cultural Resources . Transportation and Traffic

Significant and Unavoidable Impact

. Agriculture and Forestry Resources

. Air Quality (AQMP Consistency, Operational Emissions, Construction Emissions, Localized Emissions)

. Greenhouse Gas Emissions

. Noise (Operational Traffic)

. Transportation and Traffic (conflict with Congestion Management Program)

______City of Menifee General Plan - 6 - CEQA Findings of Fact December 2013 B. IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT

It was determined that several potential environmental effects would not result from the proposed project, or would result but would not have a significant impact on the environment. This determination was made based on the findings of the NOP and DEIR prepared for the project. The following summary briefly describes those environmental topics that were found not to be significant with implementation of existing regulations, as detailed in each respective topical section of Chapter 5.0 of the DEIR.

Aesthetics

Impact 5.1-1 Future development under the General Plan would alter the visual appearance of the City but would not substantially degrade the existing scenic vistas, visual character, or quality of the City or its surroundings.

Support for this environmental impact conclusion is fully discussed starting on page 5.1-10 of Section 5.1, Aesthetics, of the DEIR.

At full General Plan buildout, development in many parts of the City would intensify urban development in currently undeveloped areas. Some of the greatest changes in land use, and thus in visual appearance, would be along the I-215 in the southern part of the City. Much of that corridor is currently vacant land and farmland; the area would be developed under the Economic Development Corridor (EDC) designation with a mix of residential, commercial, industrial, and institutional uses.

Development in all areas of the City would be required to comply with regulations in the City’s Municipal Code, policies in the proposed General Plan, and other existing City policies that protect scenic vistas, scenic resources, and the intended character of the City. The Municipal Code has regulations that require retention of important natural features, preservation of views, and new development and landscaping that is sensitive to visual resources: in particular, the code’s Siting of Wireless Communication Facilities (Chapter 9.08) and Administrative Nuisance Abatement (Chapter 11.20).

Policies of the proposed General Plan give substantial consideration to the preservation of scenic vistas, including those that protect undisturbed slopes, hillsides, and other natural landforms that enhance the City’s environmental setting, found in the Open Space and Conservation Element. A list of proposed General Plan policies relating to aesthetic resources is included in Appendix C. Upon implementation of these policies and adherence to the Municipal Code, implementation of the proposed General Plan would not substantially degrade scenic vistas in Menifee. Scenic vista and community character impacts would be less than significant.

The environmental impacts would be the same under the Expanded EDC Scenario.

Finding: Upon implementation of these policies and adherence to the Municipal Code, implementation of the proposed General Plan would not substantially degrade scenic vistas in Menifee. Scenic vista and community character impacts would be less than significant.

______City of Menifee General Plan - 7 - CEQA Findings of Fact December 2013 Impact 5.1-2 Implementation of the General Plan would not damage scenic resources within a state scenic highway.

Support for this environmental impact conclusion is fully discussed starting on page 5.1-11 of Section 5.1, Aesthetics, of the DEIR.

There are no officially designated scenic highways in or near the City of Menifee. State Route 74 (SR-74) passes through the northern part of the City and is considered an “Eligible State Scenic Highway – Not Officially Designated” by the California Department of Transportation. The nearest designated state scenic highway to the City is a portion of SR-74 in the San Jacinto Mountains about 17 miles east of the city (Caltrans 2010).

Due to the visual significance of some areas, several roadways in Menifee have been officially recognized as Eligible County Scenic Highways, that is, county highways that have outstanding scenic qualities. Although there is no official list of county highways eligible for scenic designation (as there is with state highways), they are considered eligible and do not require legislative action like state highways. The status of a proposed County Scenic Highway changes from eligible to officially designated when the local governing body applies to Caltrans for scenic highway approval, adopts a Corridor Protection Program, and receives notification that the highway has been officially designated a Scenic Highway.

New and/or intensified uses along these roadways would not fully obstruct visual resources such as the hillsides or distant mountains and would not require substantial changes in topography. Allowed uses in these areas would be regulated by City Design Guidelines, Municipal Code development standards, and proposed General Plan policies that limit the height and bulk of buildings.

Implementation of the proposed General Plan would not result in damage to any historic buildings or significant rock outcroppings within a state scenic highway. However, implementation of the proposed General Plan would make improvements to McCall Boulevard and Menifee Road, including widening to six lanes, curb, gutter, NEV/bike lanes, sidewalks, landscaped parkways. Also, Ethanac Road/SR-74 would be widened to six to eight lanes. Development of these improvements would involve the removal of ornamental and natural landscapes. As part of the roadway cross-section, landscaping would be installed along roads. The City is committed to preserving the environment and its natural resources, which are important to the heritage, character, economy, and overall quality of life of the community. The City’s goal is that scenic highway corridors are preserved and protected from change which would diminish the aesthetic value of lands adjacent to the designated routes. Policies and actions in the proposed General Plan express the City’s vision for balanced growth and ensure that new development is integrated into the natural topography. Adherence to the design standards of the City’s ordinances and commercial design guidelines and implementation of the policies of the General Plan would ensure that future development accommodated by the General Plan would be developed in a manner that would not cause significant impacts on scenic resources. New projects would be required to preserve viewsheds and view corridors.

Views from eligible scenic highways within the City would significantly change because vast open spaces would be developed and views of low-lying valleys, mountains, and rock formations would be obstructed. However, because these scenic highways are not officially designated, impacts are considered less than significant.

______City of Menifee General Plan - 8 - CEQA Findings of Fact December 2013 The environmental impacts would be the same under the Expanded EDC Scenario.

Finding: Policies and actions in the proposed General Plan express the City’s vision for balanced growth and ensure that new development is integrated into the natural topography. Adherence to the design standards of the City’s ordinances and commercial design guidelines and implementation of the policies of the General Plan would ensure that future development accommodated by the General Plan would be developed in a manner that would not cause significant impacts on scenic resources. Views from eligible scenic highways within the city would significantly change because vast open spaces would be developed and views of low-lying valleys, mountains, and rock formations would be obstructed. However, because these scenic highways are not officially designated, impacts are considered be less than significant.

Impact 5.1-3 Implementation of the General Plan would generate additional light and glare.

Support for this environmental impact conclusion is fully discussed starting on page 5.1-13 of Section 5.1, Aesthetics, of the DEIR.

Future development in accordance with the proposed General Plan would allow for development of currently undeveloped parcels and alteration, intensification, and redistribution of some existing land uses. Because the City and surrounding area are largely undeveloped, the lighting associated with improvements and structures of future development projects could increase nighttime light and glare within the City. There are portions of the City that would be developed with more light-intensive land uses under the proposed General Plan (e.g., conversion of vacant land or underutilized areas into residential, commercial, or industrial uses). Sources of light and glare from new development or redevelopment would include lighting needed to provide nighttime street and building illumination, security lighting, nighttime traffic, sign illumination, and lighting associated with construction activities.

Undeveloped portions of the City; redevelopment of underutilized areas; and replacement, expansion, or refurbishment of existing development in other areas would introduce new sources of light and glare that may adversely affect day or nighttime views and impact sensitive biological resource areas such as wildlife corridors, open space, and conservation areas.

The County of Riverside General Plan Harvest Valley/Winchester and Sun City/Menifee Valley Area Plans recognize that the nighttime sky is an attraction for residents of the valley. The plan also recognizes that wildlife habitat areas can be adversely impacted by artificial lighting. Nighttime lighting from the Menifee area also has an impact on views from the Mount Palomar Observatory in San Diego County, which requires darkness for clear nighttime viewing. Chapter 6.01 of the City’s Municipal Code, “Dark Sky, Light Pollution,” requires restrictions on outdoor lighting, including low-pressure sodium lighting as the preferred lamp type; shielding of fixtures; and limited hours of operation of most outdoor lighting.

Additionally, all future development projects that would be accommodated by the proposed General Plan would be required to comply with California’s Building Energy Efficiency Standards for Residential and Nonresidential Buildings (Title 24, Part 6, of the California Code of Regulations), which outlines mandatory provisions for lighting control devices and luminaires.

Adherence to county and City regulations and implementation of the policies of the proposed General Plan would ensure that light and glare from new development and redevelopment ______City of Menifee General Plan - 9 - CEQA Findings of Fact December 2013 projects accommodated by the General Plan would be minimized and that significant impacts would not occur.

The environmental impacts would be the same under the Expanded EDC Scenario.

Finding: Adherence to county and City regulations and implementation of the policies of the proposed General Plan would ensure that light and glare from new development and redevelopment projects accommodated by the General Plan would be minimized and that significant impacts would not occur.

Agriculture and Forestry Resources

Impact 5.2-3 General plan buildout would not convert forest to nonforest uses.

Support for this environmental impact conclusion is fully discussed starting on page 5.2-13 of Section 5.2, Agriculture and Forestry Resources, of the DEIR.

The City has three types of forest vegetation types: southern coast live oak riparian forest, southern cottonwood/willow riparian forest, and southern sycamore/alder riparian woodland. These vegetation types are limited and scattered in the City. About 10 acres of southern cottonwood/willow riparian forest and an additional 20 acres of coast live oak woodland were identified in the City. Southern Coast Live Oak Riparian Forest is described as a “woodland” by the California Department of Fish and Wildlife (CDFW), and the two communities occur in similar settings (bottomlands in canyons and valleys). Thus, these two community descriptions are considered equivalent.

The General Plan would change land use designations on the southern cottonwood/willow riparian forest from Business Park to EDC. Land use designations on the coast live oak woodland would convert from Estate Residential to Rural Residential; however, those designations permit residential development at similar densities. General Plan approval would not directly impact forest land; forest land could be impacted by projects approved pursuant to the General Plan.

Projects impacting southern cottonwood/willow riparian forest and southern coast live oak riparian forest in riparian habitats would require a Streambed Alteration Agreement (SAA) from the CDFW; mitigation for impacts would be required as a condition for an SAA.

The total amount of forests and woodlands in the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) area is about 34,300 acres. The potential conversion of up to 30 acres of forest land in the City of Menifee would not be regionally significant.

No forest land is mapped in the additional area that would be designated EDC in the Expanded EDC scenario. Under the Expanded EDC Scenario, impacts would be the same as for buildout of the proposed General Plan. There is no existing forest zoning in the City. Impacts related to conversion of forest to nonforest would be less than significant.

Finding: The potential conversion of up to 30 acres of forest land in the City of Menifee would not be regionally significant considering about 34,400 acres of forest and woodlands in the Western Riverside County Multiple Species Habitat Conservation Plan.

______City of Menifee General Plan - 10 - CEQA Findings of Fact December 2013 Biological Resources

Impact 5.4-4 The proposed project would not affect wildlife movement.

Support for this environmental impact conclusion is fully discussed starting on page 5.4-62 of Section 5.4, Biological Resources, of the DEIR.

Any proposed project considered for approval according to the General Plan would be subject to the MSHCP. As shown on Figure 5.4-3 of the DEIR, Proposed Core 2 and Proposed Constrained Linkage 17 traverse the southeastern portion of the City boundary. As projects are proposed in the City, an evaluation would be performed of how the project might contribute to or conflict with assembly of the MSHCP Conservation Area consistent with reserve configuration requirements.

Overall buildout of the General Plan would affect wildlife movement; however the majority of the City is not in designated or known wildlife corridors or movement areas. A portion of Proposed Constrained Linkage 17 in the southeastern portion of the City is intended to provide a movement corridor for species. Per the MSHCP, projects proposed in the Criteria Area are subject to the Joint Power Review (JPR) process through the Regional Conservation Authority. For projects specifically within the Criteria Area, the City would submit a JPR that would assess how the project affects Reserve Assembly and other plan requirements. Consistency with the MSHCP will ensure that areas needed to provide a linkage or core for wildlife movement are conserved and that the project is in compliance with the Reserve Assembly of the MSHCP. Migratory wildlife corridor impacts would not be significant.

Impacts would be the same under the Expanded EDC Scenario.

Finding: The proposed project would not impact wildlife movement, and impacts are less than significant.

Cultural Resources

Impact 5.5-1 The City of Menifee General Plan policies and state and federal regulations would ensure that historical resources would not be impacted on a programmatic level.

Support for this environmental impact conclusion is fully discussed starting on page 5.5-16 of Section 5.5, Cultural Resources, of the DEIR.

Historic structures and sites that are eligible for National Register of Historic Resources listing may be vulnerable to development activities associated with buildout of the proposed Land Use Plan. Table 5.5-1of the DEIR lists two historic sites that would be eligible for listing on a historic register. In addition, other structures that could meet the National Register criteria upon reaching 50 years of age might be impacted by development activity. Three structures in Romoland over 50 years old are listed in Table 5.5-1 of the DEIR. Structures in Quail Valley and Sun City are reaching 50 years or more of age and qualify for consideration as historical resources. As examples of community planning, they may have local or regional importance. At the time development or redevelopment projects are proposed, the project-level CEQA document would need to identify any impacts to known or potential historic sites and structures. The CEQA Guidelines require a project that will have potentially adverse impacts on historical resources to

______City of Menifee General Plan - 11 - CEQA Findings of Fact December 2013 conform to the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Historical resources impacts would be less than significant.

The additional area that would be designated EDC under the Expanded EDC Scenario is south of Sun City and Quail Valley. Impacts would be the same under the Expanded EDC Scenario.

Finding: The proposed General Plan would result in less than significant impacts related to historical resources.

Impact 5.5-3 The proposed project could disturb human remains.

Support for this environmental impact conclusion is fully discussed starting on page 5.5-18 of Section 5.5, Cultural Resources, of the DEIR.

Long-term implementation of the Menifee General Plan would allow development and redevelopment, including grading, of sensitive areas, possibly disturbing human remains, including those outside of formal cemeteries. Existing regulations, including the California Public Resources Code Section 5097.98, would afford protection for human remains discovered during development activities. In addition, review and protection are afforded by CEQA for projects subject to discretionary action, particularly for activities that could potentially disturb human remains. SB 18 requires consultation regarding Native American sites and artifacts, but the potential for project-level impacts to unidentified and unrecorded tribal cultural places remains moderate to high. The excavation and grading activities of the proposed project could result in impacts to human remains. However, Public Resources Code Section 5097.98, mandates the process to be followed in the event of a discovery of any human remains. Impacts to human remains would be less than significant.

Impacts would be the same under the Expanded EDC Scenario.

Finding: The required compliance with the Public Resources Code Section 5097.98 would ensure less than significant impacts related to human remains.

Geology and Soils

Impact 5.6-1 Buildout of the proposed General Plan would subject people and structures to substantial ground shaking.

Support for this environmental impact conclusion is fully discussed starting on page 5.6-25 of Section 5.6, Geology and Soils, of the DEIR.

Strong ground shaking may occur in Menifee due to earthquakes on a number of active faults in the region, including the San Andreas, San Jacinto, and Elsinore faults. The San Jacinto Valley section of the San Jacinto fault and the Temecula segment of the Elsinore fault could each generate a worst-case earthquake scenario for Menifee. A 6.9 Mw earthquake on the San Jacinto Valley segment of the San Jacinto Fault would generate peak horizontal ground accelerations (PHGA) in Menifee of between about 0.3g and 0.16g; a Mw 6.8 earthquake on either the Temecula or Glen Ivy segments of the Elsinore fault would generate PHGA between 0.3g and 0.1g. Modified Mercalli Scale intensities would be in the in the VII to IX range in either case. Ground shaking of Intensity VIII would considerably damage and partly collapse ordinary substantial buildings. Chimneys, factory stacks, columns, monuments, and walls would collapse, ______City of Menifee General Plan - 12 - CEQA Findings of Fact December 2013 and heavy furniture would be overturned. Two mapped faults in the City of Menifee, one in Sun City and one in Quail Valley, do not affect sediments of about 15,000 years or younger ages and thus are not considered active faults.

Buildout of the proposed General Plan would increase the number of residents and workers and total development intensity. Thus, General Plan buildout would increase the numbers of people and structures that would be exposed to strong ground shaking.

Each development project considered for approval by the City under the proposed General Plan would be required to comply with seismic safety provisions of the CBC (Title 24, Part 2 of the California Code of Regulations) and have a geotechnical investigation conducted for the affected project site. The geotechnical investigation would calculate seismic design parameters pursuant to CBC requirements and would include foundation and structural design recommendations, as needed, to reduce hazards to people and structures arising from ground shaking. Impacts would be less than significant.

Impacts would be the same under the Expanded EDC Scenario.

Finding: The buildout of the General Plan would not expose people or structures to substantial hazards from strong ground shaking or from surface rupture of a fault, and impacts would be less than significant.

Impact 5.6-2 General Plan buildout would not subject persons and structures to substantial hazards arising from seismic-related liquefaction.

Support for this environmental impact conclusion is fully discussed starting on page 5.6-25 of Section 5.6, Geology and Soils, of the DEIR.

There is a potential for liquefaction in parts of the City and General Plan area. Certain areas of Menifee are underlain by young, unconsolidated alluvial deposits and by artificial fill; these sediments are susceptible to seismically induced settlement.

Overexcavation and recompaction is the most commonly used method to densify soft soils susceptible to settlement. Deeper overexcavation below final grades, especially at cut/fill, fill/natural, or alluvium/bedrock contacts may be recommended to provide a more uniform subgrade. Overexcavation should also be performed so that large differences in fill thickness are not present across individual lots. In some cases, specially designed deep foundations, strengthened foundations, and/or fill compaction to a minimum standard that is higher than required by the CBC may be recommended.

Projects developed pursuant to the proposed General Plan would be required to have geotechnical investigations of the project sites conducted per state laws and regulations and General Plan policies. Compliance with recommendations in the geotechnical investigations reports would be required as conditions of issuance of building and grading permits. Impacts would be less than significant.

The additional area that would be designated EDC in the Expanded EDC Scenario is not mapped as susceptible to liquefaction. Impacts would be the same under the Expanded EDC Scenario.

______City of Menifee General Plan - 13 - CEQA Findings of Fact December 2013 Finding: The buildout of the General Plan would not expose people and structures to substantial hazards from liquefaction and related ground failure, and impacts would be less than significant.

Impact 5.6-3 Buildout of the General Plan would not put people or structures at risk from earthquake-induced landslides.

Support for this environmental impact conclusion is fully discussed starting on page 5.6-26 of Section 5.6, Geology and Soils, of the DEIR.

Careful land management in hillside areas can reduce the risks of injuries and property damage from slope failures. This generally includes land use zoning to restrict development in unstable areas, grading codes for earthwork construction, geologic and soil engineering investigation and review, construction of drainage structures, and if warranted, placement of warning systems.

Numerous soil-engineering methods are available for stabilizing slopes that pose a threat to development. These methods include designed buttresses (replacing the weak portion of the slope with engineered fill); reducing the height of the slope; designing the slope at a flatter gradient; and adding reinforcements to fill slopes such as soil cement or layers of geogrid (a tough polymeric net-like material that is placed between the horizontal layers of fill). Most slope stabilization methods include a subdrain system to prevent excessive groundwater (typically landscape water) from building up within the slope area. If it is not feasible to manage the slope stability hazard, building setbacks are typically imposed.

Development of projects pursuant to the General Plan would require subsurface geotechnical exploration and testing and required compliance with recommendations in project geotechnical investigation reports. Site-specific recommendations must be provided by a geotechnical engineer. After required geotechnical investigations and required implementation of recommendations in geotechnical investigation reports, developments pursuant to the General Plan would not create substantial hazards arising from earthquake-related slope failures.

Impacts would be the same under the Expanded EDC Scenario.

Finding: The projects developed pursuant to the General Plan would be required to comply with recommendations in the geotechnical investigations reports for each respective project, and landslide impacts would be less than significant.

Impact 5.6-4 General Plan buildout could cause soil erosion.

Support for this environmental impact conclusion is fully discussed starting on page 5.6-27 of Section 5.6, Geology and Soils, of the DEIR.

Buildout of the proposed General Plan would involve development or redevelopment of large parts of Menifee. Grading and construction of development and redevelopment projects could expose large amounts of soil and could result in soil erosion if effective erosion control measures were not used. Best management practices (BMPs) for erosion control are required under National Pollution Discharge Elimination System (NPDES) regulations pursuant to the federal Clean Water Act. NPDES requirements for construction projects one acre or more in area are in the General Construction Permit issued by the State Water Resources Control Board (SRWCB; Order No. 2009-0009-DWQ). Categories of BMPs required for construction projects are described in Table 5.6-2 of the DEIR. ______City of Menifee General Plan - 14 - CEQA Findings of Fact December 2013 Furthermore, demolition, land clearing, grading, and construction activities of projects approved pursuant to the proposed General Plan would be required to comply with South Coast Air Quality Management District Rules 403 and 403.2 regulating fugitive dust emissions, thus minimizing wind erosion from such ground-disturbing activities. Construction activities would not generate substantial erosion. Soil erosion impacts would be less than significant.

Impacts would be the same under the Expanded EDC Scenario.

Finding: With adherence to the NPDES erosion control measures, development of projects pursuant to the General Plan would not generate substantial erosion, and impacts would be less than significant.

Impact 5.6-5 Soil conditions could result in risks to life or property.

Support for this environmental impact conclusion is fully discussed starting on page 5.6-28 of Section 5.6, Geology and Soils, of the DEIR.

Compressible Soils

When development is planned within areas that contain potentially compressible soils, a geotechnical soil analysis is required to identify this hazard. The analysis should consider soil types onsite, the load of any proposed fills and structures that are planned, the type of structure (i.e., a road, pipeline, or building), and local groundwater conditions. Removal and recompaction of near-surface soils are generally the minimum required. Deeper removals may be needed for heavier loads or for structures that are sensitive to minor settlement. Based on the soil analysis, partial removal and recompaction of the compressible soils is sometimes performed, followed by settlement monitoring for a number of months after additional fill has been placed but before structures are built. In cases where it is not feasible to remove the compressible soils, buildings can be supported on specially engineered foundations that may include caissons or piles.

Collapsible Soils

Young alluvial sediments in the Menifee area may be locally susceptible to soil collapse due to their low density, granular nature; rapid deposition in the alluvial fan environment; and the generally dry condition of the near-surface soils. The potential for soils to collapse should be evaluated on a site-specific basis as part of the geotechnical studies for development. If the soils are determined to be collapsible, the hazard can be reduced by several different measures or combination of measures, including excavation and recompaction, or presaturation and preloading of the susceptible soils in place to induce collapse prior to construction. After construction, infiltration of water into the subsurface soils should be minimized by proper surface drainage to direct excess runoff to catch basins and storm drains.

Expansive Soils

Soils in parts of the City may be expansive: valley and canyon areas and weathered old alluvial fan deposits. Development of projects on sites underlain by expansive soils could subject people and structures to hazards from expansive soils. Development of projects pursuant to the General Plan would require subsurface geotechnical exploration and testing and compliance with recommendations in project geotechnical investigation reports.

______City of Menifee General Plan - 15 - CEQA Findings of Fact December 2013 Corrosive Soils

Near-surface soils throughout the valley areas have low electrical resistivity, making them moderately to highly corrosive to metals. Development of projects on sites in valley areas could expose people and structures to hazards from corrosive soils. Development of projects pursuant to the General Plan would require subsurface geotechnical exploration and testing and compliance with recommendations in project geotechnical investigation reports. Site-specific recommendations must be provided by an engineer who is a corrosion specialist.

Ground Subsidence

General Plan buildout would increase water demands in the City. The water provider for Menifee, Eastern Municipal Water District, relies on local groundwater for part of its water supplies. The City overlies parts of the Perris South and Menifee Management Zones of the San Jacinto Groundwater Basin. Groundwater levels in the West San Jacinto Groundwater Basin Management Area, a 250-square-mile area extending from Menifee in the south to Moreno Valley in the north, have been increasing in recent years; high total dissolved solids in the groundwater in the area limit production of groundwater for municipal use. Thus, while General Plan buildout would increase water demands in the City, it is unlikely that buildout would result in lowered groundwater levels under Menifee that could cause ground subsidence.

Water efficiency requirements for landscape irrigation in Menifee are in Chapter 15.04 of the City Municipal Code. Projects developed pursuant to the proposed General Plan would comply with Municipal Code Chapter 15.04, thus reducing the potential for landscape irrigation in the City to cause ground subsidence. Considering water supplies available in Menifee and current and planned water management efforts, substantial hazards from land subsidence are unlikely. Impacts would be less than significant.

Impacts would be the same for the Expanded EDC Scenario.

Finding: With adherence to recommendations in geotechnical investigations reports for projects developed pursuant to the General Plan, such projects would not create substantial hazards arising from compressible soils, collapsible soils, expansive soils, corrosive soils, or ground subsidence, and impacts would be less than significant.

Impact 5.6-6 Use of septic tanks or other alternative waste water disposal systems would be supported.

Support for this environmental impact conclusion is fully discussed starting on page 5.6-30 of Section 5.6, Geology and Soils, of the DEIR.

The City of Menifee is in the wastewater treatment service area of the Eastern Municipal Water District. Most development and redevelopment that would be approved pursuant to the proposed General Plan would involve sewer connections. However, septic tanks may be used in General Plan designations permitting residential densities below two units per acre. Five proposed General Plan designations would permit residential development at densities of two units per acre or less: four Rural Residential designations, RR5 through RR1/2, and the Rural Mountainous (RM) designation. New developments in General Plan designations where use of septic tanks would be permitted would be required to conduct percolation tests before installation of septic systems—as required by the Riverside County Department of Environmental Health—to verify ______City of Menifee General Plan - 16 - CEQA Findings of Fact December 2013 that water will percolate into soil under the site at an adequate rate for the septic system to function. Additionally, septic systems are required to comply with the California Plumbing Code, California Code of Regulations, Title 24, Part 5. Impacts would be less than significant.

The Expanded EDC Scenario would permit development of 101 fewer residential units in Rural Residential designations (RR1 and RR2) than would the proposed General Plan, and would thus reduce slightly the number of permitted residential units that would be allowed to use septic tanks. Impacts would be less than significant.

Finding: Where use of septic tanks are permitted, installation of septic tanks would be allowed as required by the Riverside County Department of Environmental Health and in accordance with the California Plumbing Code, California Code of Regulations, Title 24, Part 5, and impacts would be less than significant.

Greenhouse Gas Emissions

Impact 5.7-2 The City of Menifee General Plan would not conflict with CARB’s 2008 Scoping Plan or SCAG’s 2012 RTP/SCS.

Support for this environmental impact conclusion is fully discussed starting on page 5.7-24 of Section 5.7, Greenhouse Gas Emissions, of the DEIR.

The City of Menifee has not yet adopted a qualified GHG reduction plan. However, the California Air Resources Board (CARB) adopted the 2008 Scoping Plan to identify statewide strategies to achieve the GHG reduction targets of AB 32, and the Southern California Association of Governments (SCAG) adopted the 2012 Regional Transportation Plan / Sustainable Communities Strategy (RTP/SCS) to achieve the local passenger vehicle per capita GHG reduction targets of SB 375.

CARB Scoping Plan

Since adoption of the 2008 Scoping Plan, state agencies have adopted programs identified in the plan, and the legislature has passed additional legislation to achieve the GHG reduction targets. Statewide strategies to reduce GHG emissions include the low-carbon fuel standard, California Appliance Energy Efficiency regulations, California Building Standards (i.e., CALGreen and the 2013 Building and Energy Efficiency Standards), 33 percent renewable portfolio standard, and changes in the corporate average fuel economy standards (e.g., Pavley I and California Advanced Clean Cars [Pavley II]). In addition to the statewide measures, the policies and implementation actions included as part of the proposed General Plan and shown in Table 5.7-9 of the DEIR, City of Menifee Proposed Greenhouse Gas Reduction Policy and Implementation Strategies, would be consistent with the intent of the Scoping Plan.

The Circulation Element policies and implementation actions presented in Table 5.7-9 of the DEIR would provide an overall vehicle miles traveled (VMT) reduction of 2.6 percent. This reduction in VMT would reduce the overall transportation-related GHG emissions. Implementation Action OSC 77 from Table 5.7-9 of the DEIR would result in construction of new buildings that are 30 percent more energy efficient than what is required in the 2008 Building Energy Efficiency standards. In addition, this implementation action would increase the energy efficiency of new residential buildings by 5 percent above the 2013 Building Energy Efficiency Standards. Compliance with state and local regulations would ensure that the growth under the ______City of Menifee General Plan - 17 - CEQA Findings of Fact December 2013 City of Menifee General Plan would not conflict with the Scoping Plan. Therefore, impacts would be less than significant.

SCAG 2012 RTP/SCS

SCAG’s 2012 RTP/SCS is a regional growth management strategy that targets per capita GHG reduction from passenger vehicles and light duty trucks in the Southern California region. The 2012 RTP/SCS incorporates local land use projections and circulation networks in the cities’ and counties’ general plans. The projected regional development pattern, including location of land uses and residential densities in local general plans, when integrated with the proposed regional transportation network identified in the 2012 RTP/SCS, would reduce per capita vehicular travel- related GHG emissions and achieve the GHG reduction per capita targets for the SCAG region.

The proposed Land Use Plan would intensify development of nonresidential land uses and improve the jobs-housing balance within the City of Menifee. This land use strategy is consistent with the overall goal of the 2012 RTP/SCS because improvement in the jobs-housing balance could potentially reduce VMT. Additionally, Table 5.10-1 of the DEIR, Consistency with SCAG’s 2012–2035 Regional Transportation Plan/Sustainable Communities Strategy Goals, provides an assessment of the proposed project’s relationship to applicable RTP/SCS goals. As identified in this table, the proposed project would be consistent with the applicable RTP/SCS goals. Therefore, the General Plan is consistent with SCAG’s 2012 RTP/SCS.

Finding: Implementation of the General Plan would not conflict with CARB’s Scoping Plan and would be consistent with SCAG’s 2012 RTP/SCS; therefore, it would have a less than significant GHG emissions impact.

Hazards and Hazardous Materials

Impact 5.8-1 Future industrial and commercial development may involve the transport, use, and/or disposal of hazardous materials.

Support for this environmental impact conclusion is fully discussed starting on page 5.8-29 of Section 5.8, Hazards and Hazardous Materials, of the DEIR.

Buildout in accordance with the Menifee General Plan would result in an increase in the frequency of transport, use, and disposal of hazardous materials associated with commercial and industrial growth within Menifee.

Waste Generators in Menifee

An increase in the transport of hazardous waste from buildout of the General Plan could result in more accidental events, such as spills, that release hazardous materials. However, businesses/users are required by federal, state, and local regulations to properly transport, use, and dispose of hazardous materials within the City.

Release of hazardous materials into the environment may result from accidental conditions that arise due to the location of the facility, including seismic and flooding hazards. Hazardous Materials Business Plans required for these hazardous materials generators must address seismic hazards within the City to minimize these risks. Preparation and adherence to the business plan to minimize hazards associated with seismic events would ensure impacts are less than significant.

______City of Menifee General Plan - 18 - CEQA Findings of Fact December 2013 In addition, some of the hazardous materials facilities have been identified as being in the 100- year floodplain. In accordance with the Hazardous Materials Business Plan required for hazardous materials generators in the City, facilities using, storing, or otherwise involved with substantial quantities of onsite hazardous materials are not permitted in floodplains unless all standards of elevation, anchoring, and flood proofing have been satisfied, and hazardous materials are stored in watertight containers designed to not float. Preparation and adherence to the Business Plan to minimize hazards associated with flooding would ensure impacts are less than significant.

Transportation of Hazardous Materials

The transportation of hazardous materials and waste within the City is directed toward arterial streets because they generally have better roadway conditions than local streets. The signalization, width, and level of service of a roadway affect the safety and speed at which hazardous materials can be transported through an area. Using transport routes on arterial streets is also preferred to local streets because the potential for hazardous material accidents within a residential neighborhood is minimized. Impacts in this regard are less than significant. None of the existing public K–12 schools in Menifee is within 0.25 mile of I-215; thus, increased transportation of hazardous materials on I-215 would not pose hazards to persons at schools.

Although railroad tracks extend across a portion of the City (BNSF Railway line in the northeast part of the City), these tracks are currently unused. Therefore, trains derailments with the potential for hazardous material releases do not currently pose a concern in Menifee. Impacts are therefore less than significant.

Current federal and state regulations, City ordinances, and proposed General Plan policies would regulate the handling of hazardous substances to reduce potential releases; exposure; and risks of transporting, storing, treating, and disposing of hazardous materials and wastes. Impacts would be less than significant.

Impacts of the Expanded EDC Scenario would be the same as for the proposed General Plan analyzed above.

Finding: Adherence to current federal and state regulations, City ordinances, and proposed General Plan policies would regulate the handling of hazardous substances to reduce potential releases; exposure; and risks of transporting, storing, treating, and disposing of hazardous materials and wastes.

Impact 5.8-2 Portions of the City of Menifee are included on a list of hazardous materials sites.

Support for this environmental impact conclusion is fully discussed starting on page 5.8-30 of Section 5.8, Hazards and Hazardous Materials, of the DEIR.

The City encompasses an area that includes numerous businesses with historical releases of hazardous substances to the environment and/or ongoing environmental investigation or remediation. There are currently six reported Significant Hazardous Materials Sites in the Menifee General Plan area. Due to the fact that there are numerous sites undergoing investigation and/or remediation within the City, impacts from hazardous substance contamination on or adjacent to specific project developments may occur. Future developments in accordance with ______City of Menifee General Plan - 19 - CEQA Findings of Fact December 2013 implementation of the General Plan may be impacted by hazardous substance contamination remaining from historical operations on a particular site that may pose a significant health risk.

However, properties contaminated by hazardous substances are regulated at the local, state, and federal level and are subject to compliance with stringent laws and regulations for investigation and remediation. All environmental investigations, sampling, and/or remediation for projects within the City would be conducted under the oversight of a regulatory agency that has jurisdiction. Impacts would be less than significant.

Impacts of the Expanded EDC Scenario would be the same as for the proposed General Plan analyzed above.

Finding: Properties contaminated by hazardous substances are regulated at the local, state, and federal level and are subject to compliance with stringent laws and regulations for investigation and remediation, and impacts would be less than significant.

Impact 5.8-3 Implementation of the General Plan would not conflict with height limitations or land use compatibility in airport land use plans for March Air Reserve Base and Perris Valley Airport.

Support for this environmental impact conclusion is fully discussed starting on page 5.8-31 of Section 5.8, Hazards and Hazardous Materials, of the DEIR.

Height limits for structures within specified distances of each airport would remain in place and are enforced by the Federal Aviation Administration (FAA). Regulations of land uses in airport compatibility zones for Perris Valley Airport are implemented by the Riverside County Airport Land Use Commission (RCALUC). Development plans for projects in the part of Airport Compatibility Zone E for Perris Valley Airport or the parts of Airport Compatibility Zones D or E for March Air Reserve Base (MARB) in the City of Menifee would be reviewed by the RCALUC before being considered for approval by the City. If the RCALUC determines that a development plan is inconsistent with the Airport Land Use Plan, the RCALUC requires the local agency to reconsider its approval regarding land use compatibility. The local agency may overrule the RCALUC by a two-thirds vote of its governing board if it makes specific findings that the proposed action is consistent with Section 21670 of the California Public Utilities Code (California Aeronautics Act).

General Plan buildout would not alter or interfere with land use compatibility review procedures of the RCALUC and the FAA. The RCALUC and FAA would review development plans and other land use plans considered for approval by the City of Menifee. No conflict with regulations on land uses or structure heights would occur. Airport impacts would be less than significant.

Impacts of the Expanded EDC Scenario would be the same as for the proposed General Plan analyzed above.

Finding: The General Plan buildout would not would not conflict with height limitations or land use compatibility in airport land use plans for March Air Reserve Base and Perris Valley Airport.

______City of Menifee General Plan - 20 - CEQA Findings of Fact December 2013 Impact 5.8-4 Implementation of the Menifee General Plan would not adversely affect the implementation of an emergency response or evacuation plan.

Support for this environmental impact conclusion is fully discussed starting on page 5.8-31 of Section 5.8, Hazards and Hazardous Materials, of the DEIR.

The emergency response plan in effect in Riverside County is the Riverside County Operational Area Emergency Operations Plan adopted in 2006. The EOP defines the roles of various county agencies in emergency preparedness, emergency response, and hazard mitigation. The Riverside County Fire Department (RCFD) Office of Emergency Services is responsible for planning for and managing emergency responses. The Local Hazard Mitigation Plan, adopted in 2004, includes assessments of the nature, locations, probabilities, and severities of a wide variety of hazards, as well as mitigation goals and strategies and action plans for reducing disaster risks.

Implementation of the proposed General Plan would not block emergency evacuation routes and would not interfere with the operations of emergency response agencies. The proposed General Plan includes a safety element containing policies for reducing potential losses from disasters and for emergency responses. No adverse impact would occur.

Impacts of the Expanded EDC Scenario would be the same as for the proposed General Plan analyzed above.

Finding: Implementation of the proposed General Plan would not block emergency evacuation routes and would not interfere with the operations of emergency response agencies. The proposed General Plan includes a safety element with policies for reducing potential losses from disasters and for emergency responses, and impacts would be less than significant.

Impact 5.8-5 Portions of the City of Menifee are located within high and very high fire risk areas and could expose structures and/or residences to fire danger.

Support for this environmental impact conclusion is fully discussed starting on page 5.8-32 of Section 5.8, Hazards and Hazardous Materials, of the DEIR.

The expansive open space areas in the City are susceptible to destructive wildland fires, often exacerbated by dry weather and Santa Ana winds. A large percentage of the City’s area is designated part of Moderate, High, and Very High fire hazard severity zones, as mapped by the California Department of Forestry and Fire Prevention (CAL FIRE). The proposed General Plan would designate areas for development adjacent to areas that would be designated for open space; therefore, risk of wildfire could occur.

Federal, state, and county fire suppression agencies have responsibility areas in Menifee. To protect the City and its residents from fire hazards, the City has building and fire codes that must be followed. The RCFD fire chief may also use their authority to require certain building, planning, or landscaping requirements.

Using fire-resistant building materials, implementing fuel modification zones, and maintaining vegetation clearance around structures is required to protect buildings and reduce the potential loss of life and property. New development in wildland and urban-wildland interface areas must be consistent with the existing regulations, including the State Fire Code, to meet fire safety standards for building construction. Additionally, the California Building Code includes sections ______City of Menifee General Plan - 21 - CEQA Findings of Fact December 2013 on fire-resistant construction material requirements based on building use and occupancy. The construction requirements are a function of building size, purpose, type, materials, location, proximity to other structures, and the type of fire suppression systems installed. Because the State of California, County of Riverside, and the City of Menifee require adherence to building codes and review by the fire department to reduce wildland fires, fire hazard impacts would be less than significant.

Impacts of the Expanded EDC Scenario would be the same as for the proposed General Plan analyzed above.

Finding: Developments pursuant to the General Plan Update would comply with fire safety regulations by the State of California, County of Riverside, and the City of Menifee, including adherence to building codes and review by the fire department to reduce wildland fires, and fire hazard impacts would be less than significant.

Hydrology and Water Quality

Impact 5.9-1 General Plan buildout would increase surface water flows into drainage systems within the watershed.

Support for this environmental impact conclusion is fully discussed starting on page 5.9-17 of Section 5.9, Hydrology and Water Quality, of the DEIR.

Over half the land in Menifee consists of permeable surfaces: 38 percent of the land area is vacant, 6 percent is in agricultural use, and 4.5 percent is developed with parks or golf courses. Buildout of the proposed General Plan would increase impermeable areas in the City and thus could cause increased stormwater flows into storm drainage systems. The MS4 Permit for the part of the Santa Ana River Watershed in Riverside County, Order No. R8-2010-0033 issued by the Santa Ana Regional Water Quality Control Board (RWQCB) in 2010, requires that urban runoff from 85th-percentile storm events from specific types of development categories be infiltrated, filtered, or treated; an 85th-percentile storm is roughly equivalent to a two-year storm. The MS4 Permit also requires that each permittee, including the City of Menifee, revise its ordinances, codes, and building and landscape design standards to promote green infrastructure/low-impact development (LID) techniques. Additionally, the City is also required under the MS4 Permit to incorporate watershed protection principles into its General Plan and other land use regulations. Development and redevelopment projects built pursuant to the proposed General Plan would comply with the MS4 Permit. No substantial impacts to storm drainage capacity would occur. The entire City of Menifee is within the jurisdiction of the Santa Ana RWQCB respecting discharges to municipal storm drains, pursuant to Order No. R8-2013-0024, and is regulated under Order No. R8-2010-0033.

Impacts would be the same for the Expanded EDC Scenario.

Finding: With adherence to the required MS4 Permit provisions, impacts from an increase in impervious surfaces within the City on drainage facilities would be less than significant.

______City of Menifee General Plan - 22 - CEQA Findings of Fact December 2013 Impact 5.9-2 General Plan buildout would not substantially reduce groundwater recharge.

Support for this environmental impact conclusion is fully discussed starting on page 5.9-19 of Section 5.9, Hydrology and Water Quality, of the DEIR.

There are no percolation basins or other areas in the City used for intentional recharge of groundwater basins. Thus, General Plan buildout would not interfere with intentional groundwater recharge. Impacts would be the same for the Expanded EDC Scenario.

Finding: The General Plan buildout would not interfere with groundwater recharge, and impacts would be less than significant.

Impact 5.9-3 Portions of the proposed development area are located within a 100-year flood hazard area.

Support for this environmental impact conclusion is fully discussed starting on page 5.9-19 of Section 5.9, Hydrology and Water Quality, of the DEIR.

Two parts of the City of Menifee are in the Federal Emergency Management Agency’s (FEMA) 100-year flood zones. One is an east–west band across the Perris Valley in the northern part of the City, and the second extends east–west along Salt Creek through the central part of the City and includes tributary areas both north and south of Salt Creek (see Figure 5.9-3, Flood Zones, of the DEIR). Future development within the 100-year flood plan must be reviewed by FEMA to determine whether or not the project meets the criteria of the National Flood Insurance Program and if revisions will be needed to the FEMA maps as a result of the project’s construction. Projects developed pursuant to the General Plan would be required to reduce flood risks by doing one or more of the following:

. Grade project building pads above 100-year flood elevations. For areas in 100-year flood zones where detailed hydraulic analyses have not been performed, and thus flood elevations are not known, project-specific hydrologic studies shall determine flood elevations for 100-year floods. This requirement applies to the finish floors of buildings for human occupancy, as well as outdoor areas for use by substantial numbers of people, such as schoolyards and amphitheaters.

. Implement flood control improvements and obtain a Letter of Map Revision (LOMR) or Letter of Map Change (LOMC) from FEMA based on the flood control improvements. An LOMR or LOMC requires a hydrologic and hydraulic analysis and approval by FEMA.

All developments and redevelopments approved in accordance with the proposed General Plan would comply with provisions governing new construction, modifications of existing structures, and encroachments into special flood hazard areas. Therefore, impacts related to flood zones are considered less than significant and would not subject people or structures to substantial hazards from 100-year floods.

Impacts would be the same under the Expanded EDC Scenario.

______City of Menifee General Plan - 23 - CEQA Findings of Fact December 2013 Finding: The buildout of the proposed General Plan would comply with provisions governing new construction, modifications of existing structures, and encroachments into special flood hazard areas, and impacts related to flood zones are considered less than significant

Impact 5.9-4 During the construction of development projects there is the potential for short-term unquantifiable increases in pollutant concentrations. After project development, the quality of storm runoff may be altered.

Support for this environmental impact conclusion is fully discussed starting on page 5.9-20 of Section 5.9, Hydrology and Water Quality, of the DEIR.

Construction Activities

Clearing, grading, excavation, and construction activities associated with the proposed project may impact water quality due to sheet erosion of exposed soils and subsequent deposition of particulates in local drainages. Grading activities, in particular, lead to exposed areas of loose soil sediment stockpiles that are susceptible to uncontrolled sheet flow. Although erosion occurs naturally in the environment, primarily from weathering by water and wind action, improperly managed construction activities can lead to substantially accelerated rates of erosion that are detrimental to the environment. Construction projects can also generate other water pollutants, including trash and debris, oil and grease, heavy metals, nutrients, pesticides, oxygen-demanding substances, and other organic compounds such as solvents.

NPDES regulations include BMPs for water quality protection by construction projects. Construction projects one acre or more in area must prepare and implement a Storm Water Pollution Prevention Plan (SWPPP) specifying BMPs that would be used by that project. Construction projects smaller than one acre must also implement BMPs; compliance with NPDES regulations concerning construction impacts on stormwater for projects smaller than one acre is administered by the City of Menifee Public Works and Engineering Department.

Categories of BMPs used by construction projects are described in Table 5.9-1 of the DEIR. Erosion and siltation resulting from construction projects pursuant to the General Plan would be minimized by implementation of erosion control, sediment control, wind erosion control, tracking control, and waste management and control BMPs.

New construction and development of land uses designated in the proposed General Plan would require projects to plan BMPs for four general phases of construction: (1) grading and land development (e.g., mass grade and rough grade), (2) utility and road installation, (3) vertical construction, and (4) final stabilization and landscaping.

Long-Term Buildout Activities

Buildout of the City per the proposed General Plan may result in long-term impacts to the quality of stormwater and urban runoff, subsequently impacting downstream water quality. Anticipated and potential pollutants generated by land use type are listed in Table 5.9-2 of the DEIR.

Pollutants from the postconstruction phases of projects include sediment, metals, nutrients, pesticides, and hydrocarbons. Projects approved under the proposed General Plan would be required to prepare water quality management plans (WQMPs) specifying BMPs to be used in project design and project operation to minimize pollution of stormwater. BMPs used in the

______City of Menifee General Plan - 24 - CEQA Findings of Fact December 2013 operation phase of projects are categorized as site design, structural source control, nonstructural source control, and treatment control.

Future project-specific WQMPs would be prepared at the time of project application. Moreover, LID and water quality treatment solutions prescribed in project-specific WQMPs would be designed to support or enhance the regional BMPs and efforts implemented by the City. Surface water quality impacts would be less than significant.

Groundwater Impacts

Infiltration BMPs, such as pervious pavement and infiltration trenches, require a depth of 10 feet or greater to groundwater to minimize the impacts from stormwater pollutants. For sites with shallow groundwater, infiltration BMPs are not recommended unless designed with impermeable liners and subdrains. Based on these design requirements, no pollutants from project runoff are expected to reach groundwater, and groundwater quality impacts are expected to be less than significant.

Water quality impacts to stormwater and groundwater would be similar under the Expanded EDC Scenario.

Finding: The required compliance with the NPDES and implementation of a SWPPP would ensure less than significant impacts related to short-term increase in pollutant concentration, and preparation and implementation of WQMPs would ensure less than significant impacts related to long-term operation of the buildout of the proposed General Plan.

Impact 5.9-5 Parts of the City are within the dam inundation area for Diamond Valley Lake and Lake Perris.

Support for this environmental impact conclusion is fully discussed starting on page 5.9-23 of Section 5.9, Hydrology and Water Quality, of the DEIR.

Parts of the City of Menifee are within existing dam inundation areas for three dams at Diamond Valley Lake and for Lake Perris Dam. Buildout of the proposed General Plan would increase the numbers of residents, workers, and structures in parts of the City within the dam inundation areas.

Diamond Valley Lake

At capacity fill, the three dams that impound the reservoir were each designed to withstand an earthquake of 7.5 magnitude along the San Jacinto Fault or an earthquake of 8.0 magnitude along the San Andreas Fault. Additionally, the Metropolitan Water District of Southern California carries out continuous automated monitoring of the dams and their foundations for deformation due to the weight of the dams, water pressure, and the effects of wetting of dam materials. The design and construction of the dams for earthquake resistance, in combination with monitoring of the dams, reduce risks of dam failure due to earthquakes.

Lake Perris

In 2005, the Department of Water Resources (DWR) determined there were potential seismic safety concerns with the Lake Perris dam’s foundation if a magnitude 7.5 or larger earthquake struck the area. As a result, the DWR has lowered the lake level temporarily by about 25 feet

______City of Menifee General Plan - 25 - CEQA Findings of Fact December 2013 while the foundation is seismically strengthened. An FEIR for the Perris Dam Remediation Program was certified in November 2011. Completion of the repair work is expected by the end of 2015. Parts of the City of Menifee are within the current dam inundation area for Lake Perris; the dam inundation map for Lake Perris may require revision after completion of the repair work. The approved repair work will reduce risks of dam failure due to earthquakes.

Dam inundation impacts would be less than significant. Impacts would be the same for the Expanded EDC Scenario.

Finding: Structural conditions of three dams at Diamond Valley Lake and Lake Perris would ensure that risks of dam failures due to earthquakes are less than significant.

Impact 5.9-6 Parts of the City could be subject to flooding due to seiches or mudflows.

Support for this environmental impact conclusion is fully discussed starting on page 5.9-24 of Section 5.9, Hydrology and Water Quality, of the DEIR.

Seiches: Projects proposed under the proposed General Plan would be subject to independent CEQA review. CEQA review for projects sited near inland water bodies that could generate seiches, such as Canyon Lake or artificial lakes at Menifee Lakes Country Club in the east part of the City, would assess flood hazards from seiches and would be required to provide feasible mitigation measures, if necessary.

Mudflows: The Riverside County Hydrology Manual contains methods for estimating debris production resulting from storms. Future drainage improvements in the City—both county flood control facilities and storm drainage improvements in parts of the City that could be subject to mudflows—would be designed to carry bulked flows per methods specified in the Hydrology Manual. Impacts would be less than significant under the proposed General Plan and the Expanded EDC Scenario.

Finding: Flooding impacts from seiches and mudflow would be less than significant.

Land Use and Planning

Impact 5.10-1 Implementation of the Menifee General Plan would not divide an established community.

Support for this environmental impact conclusion is fully discussed starting on page 5.10-4 of Section 5.10, Land Use and Planning, of the DEIR.

Most of the existing residential land uses in Menifee are in four areas: Menifee Lakes in the eastern part of the City, Quail Valley on the west side, Romoland in the north, and Sun City in the central part of the City (see Figure 3-4, Existing Land Use Inventory, of the DEIR). Although there are many residences in the City outside of these four areas, they are generally spread out at low/rural residential densities.

The biggest change to residential land use designations would occur along the central and northwestern portions of the City. The City of Menifee has 15 approved specific plans covering a total of 6,721 acres, or approximately 22.5 percent of the area of the City. Combined, the 15 specific plans permit development of up to 19,867 residential units, approximately 4.72 million ______City of Menifee General Plan - 26 - CEQA Findings of Fact December 2013 square feet of retail space, and approximately 5.80 million square feet of nonretail commercial and industrial space. Therefore, development in the areas designated SP, which includes residential, would be guided based on the approved land use plans and development standards associated with each specific plan document.

Another change to residential land use designations would occur in the southern and northern portions of the City, where the land use designation of some residentially designated areas would be changed to Economic Development Corridor (EDC). The EDC land use designation is for areas where a mixture is planned of residential, commercial, office, industrial, entertainment, educational, recreational uses, and/or other uses. The EDC designation is primarily intended for uses along corridors such as I-215 and Ethanac Road, McCall Boulevard, Newport Road, and Scott Road (see Figure 4-1 of the DEIR), since land uses in these areas have a higher likelihood to transition over time in comparison to other areas of the City. The transition from primarily residentially designated areas to the establishment of a different mix of uses under the EDC land use designation would not divide established communities along these corridor areas, but would help create a sense of community and attractive communities for local citizens and visitors. Development of the EDC-designated areas would be guided by policies in the General Plan and specific development standards in the City’s Zoning Code.

The Menifee General Plan also has policies that encourage the preservation or enhancement of the existing, primarily residential communities through infill development, open space opportunities, and development of compatible uses that would enhance the existing character of Menifee. Neighborhood identity and preservation is a key component of the land use and housing elements (see applicable land use element and housing element policies in Appendix C). Additionally, the land use element outlines specific policies for compatibility that would reduce the amount of conflict between contrasting land uses. Implementation of the pertinent policies of the Menifee General Plan would help ensure the development of cohesive communities while maintaining the features that make each neighborhood unique.

Impacts would be similar for the Expanded EDC Scenario.

Finding: The proposed General Plan includes land use designations and development standards that would not divide any established communities, and impacts would be less than significant.

Impact 5.10-2 Implementation of the Menifee General Plan would not conflict with applicable plans adopted for the purpose of avoiding or mitigating an environmental effect.

Support for this environmental impact conclusion is fully discussed starting on page 5.10-5 of Section 5.10, Land Use and Planning, of the DEIR.

State Planning Law Consistency Analysis

The Menifee General Plan is consistent with Section 65302 because it addresses the seven required elements or topics (land use, circulation, housing, conservation, open space, noise, and safety) in addition to two optional elements: community design and economic development. Additionally, the Menifee General Plan is consistent with AB 1358 because Complete Streets is one of the key components in the Circulation Element of the General Plan.

______City of Menifee General Plan - 27 - CEQA Findings of Fact December 2013 SCAG 2012–2035 RTP/SCS Consistency Analysis

Table 5.10-1 of the DEIR provides an assessment of the Menifee General Plan’s consistency with pertinent 2012–2035 SCAG RTP/SCS goals. The analysis in the table concludes that the Menifee General Plan would be consistent with the applicable RTP/SCS goals. Therefore, implementation of the Menifee General Plan would not result in significant land use impacts related to relevant RTP/SCS goals.

Finding: Implementation of the Menifee General Plan would not conflict with applicable plans adopted for the purpose of avoiding or mitigating an environmental effect, and impacts would be less than significant.

Impact 5.10-3 Implementation of the Menifee General Plan would not conflict with the adopted Western Riverside Multiple Species Habitat Conservation Plan or Stephens’ Kangaroo Rat Habitat Conservation Plan.

Support for this environmental impact conclusion is fully discussed starting on page 5.10-9 of Section 5.10, Land Use and Planning, of the DEIR.

Section 5.4, Biological Resources, of the DEIR describes the compatibility and consistency of the proposed Land Use Plan with the Western Riverside MSHCP and Stephens’ Kangaroo Rat Habitat Conservation Plan (SKR HCP). As concluded, future development that would be accommodated under the Menifee General Plan would not conflict or interfere with the Western Riverside MSHCP or SKR HCP. Impacts would be similar under the Expanded EDC Scenario.

Finding: Implementation of the Menifee General Plan would not conflict with any habitat conservation plans, and impacts would be less than significant.

Mineral Resources

Impact 5.11-1 Implementation of the Menifee General Plan would not result in the loss of availability of a known mineral resource.

Support for this environmental impact conclusion is fully discussed starting on page 5.11-5 of Section 5.11, Mineral Resources, of the DEIR.

Mineral Resource Zones

No known significant mineral resources have been designated in the City of Menifee. As shown in Figure 5.11-1, Mineral Resources Zones, of the DEIR, the MRZs mapped in the City include MRZ-1, MRZ-3, and Urban Area. The only areas in the San Jacinto Basin that have been designated MRZ-2—that is, where significant mineral resources are known to exist or are considered very likely to exist—are two areas northwest of Lake Elsinore totaling approximately 465 acres, approximately six miles west of the City’s western boundary. MRZ-2-designated areas in the San Bernardino P-C Region are in the Upper Santa Ana River Valley near the Santa Ana River and tributaries of the river flowing southward from the San Gabriel and San Bernardino Mountains, and in the San Gorgonio Pass area east of the City of Banning in the Whitewater River watershed. Therefore, based on current MRZ designations in the San Jacinto Basin, including the City of Menifee, it is unlikely that significant mineral resources would be ______City of Menifee General Plan - 28 - CEQA Findings of Fact December 2013 designated in Menifee in the foreseeable future. General Plan buildout would not cause a loss of availability of known significant mineral resources.

Neither the Riverside County General Plan nor the proposed Menifee General Plan designate mining sites in the City of Menifee. General Plan buildout would not cause a loss of availability of mining sites designated in the City or county general plans. No active mines are mapped in the City on the Mines Online map maintained by the Office of Mine Reclamation. Mining would also be incompatible with the existing and future land uses of the City.

Impacts would be similar under the Expanded EDC Scenario.

Finding: Implementation of the Menifee General Plan would not result in the loss of availability of a known mineral resource, and impacts would be less than significant.

Noise

Impact 5.12-2 Sensitive land uses would not be exposed to substantial levels of aircraft noise.

Support for this environmental impact conclusion is fully discussed starting on page 5.12-28 of Section 5.12, Noise, of the DEIR.

The March Air Reserve Base is an active military base that operates a wide range of military aircraft, including fighters, tankers, and transport airplanes. According to the Air Installation Compatible Use Zone Study, the airport’s 65 dBA CNEL is well outside the City of Menifee boundaries; however, the 60 dBA CNEL contour extends through a portion of the City limits. Since the future noise contours are outside the 65 dBA CNEL noise contour, implementation of the General Plan would not propose noise-sensitive uses that would be incompatible with operations of the MARB.

The Perris Valley Airport, approximately one mile northwest of the City, and portions of the airport influence area are within City of Menifee limits, in the northwestern portion of the City. Affected land uses within the airport influence area would be EDC land uses and residential land uses north of Rouse Road and west of Barnett Road. However, the 60 dBA CNEL noise contours for future operations are outside City limits.

The 60 dBA CNEL airport noise contours for future average operations at French Valley Airport and the Pines Airpark are well outside the City’s boundaries.

There are no heliports for public use in the City of Menifee; however, the Southern California Edison San Jacinto Valley Service Center Heliport is an existing private heliport in the southeast corner of the intersection of Pinacate Road and Menifee Road. Although single-event noise from helicopter overflights can substantially elevate noise levels, noise from emergency use of helipads is sporadic and short-term and contributes minimally to the ambient noise environment in the City.

No portions of the City are within the 65 dBA CNEL noise contours of any airport. The General Plan Noise Element Policy N1.17 would prohibit new residential land uses within the 65 dB CNEL contours of any public-use or military airports, as defined by the Riverside County Airport Land Use Commission. Implementation of the General Plan would not expose noise-sensitive ______City of Menifee General Plan - 29 - CEQA Findings of Fact December 2013 land uses to incompatible noise levels from aircraft. Aircraft overflights will be heard in the City; however, noise impacts would be less than significant.

The additional area that would be designated EDC under the Expanded EDC Scenario is outside the 60 CNEL noise contours for each of the four airports discussed above. Impacts would be similar for the Expanded EDC Scenario.

Finding: No portions of the City are located with the 65 dBA CNEL noise contours of any airport, and since the General Plan policy would prohibit new residential land uses within the 65 dBA CNEL contour of any public-use airports, impacts would be less than significant.

Impact 5.12-3 Sensitive land uses would not be exposed to substantial levels of rail noise.

Support for this environmental impact conclusion is fully discussed starting on page 5.12-29 of Section 5.12, Noise, of the DEIR.

The San Jacinto Branch Line Commuter Rail (Perris Valley Line) Project is a 24-mile extension of the Metrolink 91 Line. The extension would begin at a junction with the BNSF line, north of the city of Riverside, and turn southeast along the San Jacinto Branch Line. The terminus of the line is in the City of Perris at Route 74 north of Ethanac Road, approximately 1,000 feet from the City of Menifee boundary. An Environmental Assessment (EA) for the Perris Valley Line project was prepared and certified with a Finding of No Significant Impact.

An extension of the Perris Valley Line to San Jacinto would add passenger train activity along the rail line that crosses the northeastern portion of the City. Feasibility studies to provide commuter rail service have been prepared for an extension of the Perris Valley Line to San Jacinto, with train stations in Winchester, Hemet, and San Jacinto. However, no detailed plans or environmental impact reports have been prepared at this time, and there is no anticipation of changes in activity of the existing freight operations in that line. Rail noise is considered less than significant.

The additional area that would be designated EDC under the Expanded EDC Scenario is several miles from the Perris Valley Line. Impacts would be similar for the Expanded EDC Scenario.

Finding: Noise generated from the area railroad tracks would not have significant impacts to sensitive land uses.

Impact 5.12-4 Noise-sensitive uses would not be exposed to elevated noise levels from transportation sources.

Support for this environmental impact conclusion is fully discussed starting on page 5.12-30 of Section 5.12, Noise, of the DEIR.

Siting of new noise-sensitive land uses within a noise environment that exceeds the normally acceptable land use compatibility criterion represents a potentially significant impact and would require a separate noise study through the development review process to determine the level of impacts and required mitigation. To ensure the compatibility of new development in the City, the Noise Element contains a number of policies to minimize potential impacts on sensitive land uses. As shown in Figure 5.12-4, Future Noise Levels in Menifee from Surface Transportation, of the DEIR, noise-sensitive land uses adjacent to major roads and I-215 would be exposed to noise ______City of Menifee General Plan - 30 - CEQA Findings of Fact December 2013 levels above 60 dBA CNEL, which is the normally compatible ambient noise level for the development of noise-sensitive uses such as residential. Goal N1 includes several policies to protect noise-sensitive land uses from noise exposure. Policy N1.2 requires new projects to comply with noise standards of local, regional, and state building code regulations. Policy N1.11 discourages the siting of noise-sensitive uses in areas in excess of 65 dBA CNEL without appropriate mitigation. Policy N1.17 prevents construction of new noise-sensitive land uses within the 65 dBA CNEL contours of any public-use or military airport. With implementation of General Plan’s Noise Element policies to reduce noise impacts to sensitive uses, noise impacts from transportation sources to sensitive uses would be less than significant.

Impacts would be similar for the Expanded EDC Scenario.

Finding: With implementation of General Plan’s Noise Element policies to reduce noise impacts to sensitive uses, noise impacts from transportation sources to sensitive uses would be less than significant.

Impact 5.12-5 Noise-sensitive uses would not be exposed to elevated noise levels from stationary sources.

Support for this environmental impact conclusion is fully discussed starting on page 5.12-35 of Section 5.12, Noise, of the DEIR.

Noise is regulated by numerous codes and ordinances across federal, state, and local agencies. In addition, the City regulates stationary-source noise through the Municipal Code. Buildout of the proposed Land Use Plan would result in an increase in residential, commercial, industrial, and institutional development within the City. The City of Menifee requires that noise from new stationary sources in the City comply with the City’s Noise Ordinance, which limits the acceptable noise at the property line of the impacted property to reduce nuisances to sensitive land uses. The City Police or Code Enforcement Officer enforces the noise limitation of the Municipal Code. Consequently, stationary-source noise from these types of proposed land uses would not substantially increase the noise environment.

Industrial noise is less intermittent and can have moderate to high levels on a continual basis.

The siting of new industrial developments may increase noise levels at nearby residential uses. To regulate stationary-source noise created by industrial machinery and tools from affecting sensitive land uses, the City of Menifee requires industrial operations to limit noise to no greater than the maximum allowable noise levels as described in the Municipal Code presented in Table 5.12-4 of the DEIR. Several policies in the Noise Element would reduce noise spillover from noise- generating uses and protect noise-sensitive uses from excessive noise. Implementation of the Noise Element and compliance with the City’s Municipal Code would result in noise levels that are acceptable to the City and would result in less than significant noise impacts from stationary sources.

The additional land that would be designated EDC in the Expanded EDC Scenario is next to land that would be designated EDC in the proposed General Plan. Impacts would be similar in the Expanded EDC Scenario.

______City of Menifee General Plan - 31 - CEQA Findings of Fact December 2013 Finding: With implementation of the Noise Element and compliance with the City’s Municipal Code, noise impacts from stationary sources on noise-sensitive uses would be less than significant.

Impact 5.12-6 Construction activities associated with buildout of the individual land uses and projects for implementation of the General Plan would not substantially elevate noise levels in the vicinity of noise-sensitive land uses.

Support for this environmental impact conclusion is fully discussed starting on page 5.12-35 of Section 5.12, Noise, of the DEIR.

Construction equipment generates high levels of noise, with maximums ranging from 71 dBA to 101 dBA. Construction of individual developments associated with buildout of the Proposed Land Use Plan would temporally increase the ambient noise environment and would have the potential to affect noise-sensitive land uses in the vicinity of each individual project. The City of Menifee restricts the hours of construction activities within a ¼ mile of an inhabited dwelling to the least noise-sensitive portions of the day. Construction activities within a ¼ mile of sensitive uses are prohibited during the evening and nighttime hours, as provided in the Municipal Code. However, construction activities may occur outside of these hours if the City determines that the maintenance, repair, or improvement is necessary to maintain public services or cannot feasibly be conducted during normal business hours, or if construction activities comply with the stationary source noise standards of the Municipal Code.

Through the implementation of the General Plan Noise Element and enforcement of the Municipal Code, the proposed plan would minimize temporary or periodic impacts to ambient noise levels from construction activities to the maximum extent feasible. Subsequent projects would be subject to separate, project-level CEQA review to identify and mitigate associated impacts.

Impacts would be the same under the Expanded EDC Scenario.

Finding: With implementation of the General Plan Noise Element and enforcement of the Municipal Code, construction noise impacts from stationary sources on noise-sensitive uses would be less than significant.

Impact 5.12-7 Buildout of the individual land uses and projects for implementation of the General Plan would not expose sensitive uses to strong levels of groundborne vibration.

Support for this environmental impact conclusion is fully discussed starting on page 5.12-37 of Section 5.12, Noise, of the DEIR.

On-Road Mobile-Source Vibration Impacts

Because of setbacks, vibration-sensitive structures are not and will not be sited within five meters (approximately 16 feet) of the centerline of the nearest lane of I-215 or any major truck route. Potential for significant vibration impacts is less than significant.

______City of Menifee General Plan - 32 - CEQA Findings of Fact December 2013 Railroad Vibration Impacts

New vibration-sensitive land uses, including residential land uses, would be exposed to groundborne vibration from train operations along the BNSF. Policy N1.14 requires new development within 100 feet of rail lines to demonstrate, prior to project approval, that vibration experienced by residents and vibration-sensitive uses would not exceed guidelines from the Federal Transit Administration. Because train operations already occur and are very limited at two trains per day, and vibration levels at 50 feet from the tracks are below the thresholds for residential uses, vibration impacts to existing and future uses would be less than significant.

Stationary-Related Vibration Impacts

The use of heavy equipment associated with heavy industrial operations can create elevated vibration levels in their immediate proximity. In general, the majority of heavy industrial uses would not be immediately adjacent to vibration-sensitive uses. New residential areas and new industrial uses would have to be evaluated in terms of vibration impacts. Consequently, no significant vibration impacts would occur from vibration generated by industrial uses.

Construction Vibration Impacts

Vibration from construction activities rarely reaches the levels that can damage structures, but can achieve the audible and perceptible ranges in buildings close to the construction site. Table 5.12- 11 of the DEIR lists vibration levels for construction equipment. Future individual projects would be required to be reviewed under CEQA. The environmental review would evaluate potential impacts specific to each development and would include methods to reduce vibration during construction such as the use of smaller equipment, use of static rollers instead of vibratory rollers, and drilling piles as opposed to pile driving. Policy N 1.13 requires new development to minimize vibration impacts to adjacent uses during demolition and construction. Overall, vibration impacts related to construction would be short-term, temporary, and generally restricted to the areas in the immediate vicinity of active construction equipment.

Impacts would be similar for the Expanded EDC Scenario.

Finding: With implementation of the General Plan Noise Element policies and enforcement of the Municipal Code, groundborne vibration impacts from buildout of the individual land uses and projects for the Menifee General Plan would be less than significant.

Population and Housing

Impact 5.13-1 Implementation of the General Plan would directly and indirectly result in population growth in the project area.

Support for this environmental impact conclusion is fully discussed starting on page 5.13-8 of Section 5.13, Population and Housing, of the DEIR.

The City of Menifee General Plan provides opportunities for population growth through land use designations, goals, and policies that provide a vision and guide growth within the City.

______City of Menifee General Plan - 33 - CEQA Findings of Fact December 2013 Population

Though development of residential land uses per General Plan buildout would cause population increase in the City exceeding SCAG projections for 2035, the proposed General Plan is the City’s first General Plan. Therefore, there are no preexisting General Plan population projections with which to compare forecast population growth. Implementation of the proposed General Plan would not induce growth exceeding existing General Plan projections. The General Plan projects a buildout population of 158,942.

Jobs-Housing Balance

Buildout of the General Plan would dramatically expand the number of jobs in Menifee and would raise the jobs-housing balance above the very housing-rich 0.300 that it was in 2008. As shown in Table 5.13-12 of the DEIR (reproduced below), at General Plan buildout the estimated jobs-housing balance in the City of Menifee would be 1.577, slightly jobs rich. SCAG considers an area balanced when the jobs-housing ratio is 1.36; communities with more than 1.36 jobs per dwelling unit are considered jobs rich, and those with fewer than 1.36 are housing rich. Buildout of the Expanded EDC Scenario would result in a jobs-housing balance of 1.813, slightly more jobs rich than buildout of the proposed General Plan. General Plan implementation would have a favorable impact on jobs-housing balance. Note that according to the current SCAG and Western Riverside Council of Government forecasts, the jobs-housing balance in Menifee in 2035 is expected to be an extremely housing rich 0.248. Therefore, the proposed General Plan would improve the jobs-housing balance, and impacts would be less than significant.

Table 5.13-12 Jobs-Housing Balance in Menifee Jobs-Housing Employment Residential Units Ratio2 2008 8,8041 29,3673 0.300 Existing Conditions 8,980 (2011)2 31,093 (2012)4 0.289 General Plan buildout (post- 100,5545 63,754 1.577 2035) Expanded EDC Scenario 115,4335 63,653 1.813 Finding: Implementation of the General Plan would directly induce substantial population growth in the area. However, the General Plan would not induce population growth exceeding existing General Plan projections and would improve the City’s jobs-housing balance. Impacts would be less than significant.

Impact 5.13-2 General Plan buildout would convert some areas with existing residential to other uses.

Support for this environmental impact conclusion is fully discussed starting on page 5.13-13 of Section 5.13, Population and Housing, of the DEIR.

Conversion of Land with Residential Uses to Economic Development Corridor

The proposed General Plan would designate some areas of the City that are currently developed with residential land use designations to EDC, permitting a mixture of residential, commercial, office, industrial, entertainment, educational, recreational, or other uses. The Expanded EDC ______City of Menifee General Plan - 34 - CEQA Findings of Fact December 2013 Scenario would add 197 acres to the EDC designation along the Scott Road Corridor near the south end of the City.

One of the objectives of the proposed General Plan is to “Preserve a diverse mix of neighborhoods that provide an array of housing choices for a variety of life stages and lifestyles.” In general, areas designated EDC are envisioned to develop primarily as nonresidential uses with residential uses playing a supporting role. The transition from primarily residentially designated areas to the establishment of a different mix of uses under the EDC land use designation is intended to help create a sense of community and attractive communities for local citizens and visitors. The EDC designation is not intended to displace existing residences.

Each development or redevelopment project in areas designated EDC would be subject to independent CEQA review. Impacts on displacement of housing and/or residents would be assessed and mitigated to the extent feasible as part of CEQA review for each respective project. Impacts would be less than significant.

Conversion of Land with Residential Uses to Specific Plan Designations

Proposed land uses in the specific plan areas have already been approved as part of approval of the specific plan. Approval of the General Plan would designate each of the 15 Specific Plan areas with the General Plan land use designation Specific Plan, but would not change approved land uses within any of the specific plans. Approval of the General Plan would also not directly displace housing or residents within any specific plan area. Each development or redevelopment project in the specific plan areas would be subject to independent CEQA review. Impacts on displacement of housing and/or residents would be assessed and mitigated to the extent feasible as part of CEQA review for each respective project. Impacts of General Plan approval would be less than significant.

Impacts would be the same for the Expanded EDC Scenario.

Finding: Buildout of the General Plan would convert some areas of residential uses to other uses. However, displacement of residential uses would be assessed and mitigated to the extent feasible as part of CEQA review for each respective project, and impacts would be less than significant.

Public Services

Impact 5.14-1 The Riverside County Fire Department would expand in response to the demand from new structures, residents, and workers in the City’s boundaries.

Support for this environmental impact conclusion is fully discussed starting on page 5.14-3 of Section 5.14, Public Services, of the DEIR.

Buildout of the Menifee General Plan would result in an increased number of persons within the City, subsequently resulting in an increase in demand for fire and emergency medical services for the RCFD.

Two additional fire stations are planned in the City, and one in Perris that would serve both Menifee and Perris. Therefore, the City would be served by a total of eight stations in the City and in adjacent cities. Development of planned stations is contingent on development of planned

______City of Menifee General Plan - 35 - CEQA Findings of Fact December 2013 projects in the City and is not currently ensured. Along with the existing five and planned three, approximately three additional engine companies would be needed to serve the City at General Plan buildout, based on the service capacity per engine company. It is unknown how many stations would be needed to house the additional engine companies; two or more engine companies can be housed in one station if there is sufficient call demand in that station’s service area. In compliance with the Riverside County development mitigation fees, each project developer would be required to pay Development Impact Fees to offset the project-related demand on fire services.

General Plan buildout projects would be required to comply with the California Fire Code fire flow requirements. Prior to any site development or future project approvals, all plans would be required to be submitted to the fire marshal for review and verification that they would conform to all pertinent fire standards and requirements. Fire protection service impacts would be less than significant.

Finding: Buildout in accordance with the General Plan would introduce new structures, residents, and workers into the Riverside County Fire Department’s service boundaries, increasing the demand for fire protection facilities and personnel. However, compliance with the required development mitigation fees and applicable fire code and RCFD requirements would reduce impacts to RCFD to a less than significant level.

Impact 5.14-2 The Riverside County Sheriff’s Department would expand in response to the demand from new structures, residents, and workers into the City’s boundaries.

Support for this environmental impact conclusion is fully discussed starting on page 5.14-5 of Section 5.14, Public Services, of the DEIR.

The sheriff’s department could continue serving Menifee from the Perris Station if needed; however, the preferred option would be for the City to provide a facility funded by Development Impact Fees.

As the City grows, additional police equipment, facilities, and personnel would be required to provide adequate response times, acceptable public service ratios, and other performance objectives for law enforcement services. The physical impacts cannot be analyzed in this EIR because the locations and sizes of future facilities are unknown. Future projects would be reviewed by the City on an individual basis and would be required to comply with regulations in effect at the time building permits are issued (i.e., payment of impact fees). The need for additional structures and personnel would be financed through the General Fund, and the impacts of the General Plan on police services would be less than significant. Impacts would be the same under the Expanded EDC Scenario.

Finding: Buildout in accordance with the General Plan would introduce new structures, residents, and workers into the Riverside County Sheriff’s Department service boundaries, increasing the demand for police protection facilities and personnel. The need for additional structures and personnel would be financed through the development mitigation fees, and the impacts would be less than significant.

______City of Menifee General Plan - 36 - CEQA Findings of Fact December 2013 Impact 5.14-3 The proposed project would generate new students who would impact the school enrollment capacities of area schools.

Support for this environmental impact conclusion is fully discussed starting on page 5.14-11 of Section 5.14, Public Services, of the DEIR.

Since most of the City is in the Menifee Union School District (MUSD), student generation rates used by the MUSD are used to estimate elementary and middle school student generation from General Plan buildout in Table 5.14-5 of the DEIR. Estimated high school student generation by future units developed pursuant to the General Plan is shown in Table 5.14-6 of the DEIR. The estimated net increase in student generation is 9,068 elementary school students, 4,419 middle school students, and about 3,918 new high school students.

MUSD and Romoland School District (RSD) estimate that 11 new elementary schools and 2 new middle schools would be needed to serve the forecast net increase in student generation due to General Plan buildout. The Perris Union High School District estimates that 2 ½ new high schools would be needed to accommodate those forecast students by the buildout of the proposed General Plan. Impacts of building new and/or expanded schools in school district boundaries would be part of the impacts of implementing the General Plan assessed throughout this document.

Individual development projects would be required to comply with Senate Bill 50, which establishes three levels of developer fees to develop necessary school facilities. According to Section 65996 of the California Government Code, development fees authorized by SB 50 are deemed to be “full and complete school facilities mitigation.” Therefore, impacts to school services would result in less than significant impact.

Impacts would be similar under the Expanded EDC Scenario.

Finding: With compliance with the SB 50 developer fee, the increased demands on school services from the implementation of the General Plan would not result in a significant impact.

Impact 5.14-4 General Plan buildout would generate additional population, increasing the service needs for the local libraries.

Support for this environmental impact conclusion is fully discussed starting on page 5.14-15 of Section 5.14, Public Services, of the DEIR.

Buildout of the General Plan would result in an increase in demand for library services in Menifee. However, additional City and county tax revenues generated from new dwelling units and businesses in Menifee would contribute toward financing additional library space and services in the City. Implementation of policies and implementation measures in the proposed General Plan would ensure that the City and the Riverside County Library System provide library services that meet local needs. Residents of the City also have access to the entirety of the Riverside County library system and its materials. Buildout of the General Plan is not anticipated to have a significant impact on library services; impacts would be similar for the Expanded EDC Scenario.

______City of Menifee General Plan - 37 - CEQA Findings of Fact December 2013 Finding: Implementation of policies and implementation measures in the proposed General Plan would ensure that the increased demands on library services from the proposed General Plan would result in a less than significant impact.

Recreation

Impact 5.15-1 Implementation of the General Plan would generate additional residents that would increase the use of existing park and recreational facilities.

Support for this environmental impact conclusion is fully discussed starting on page 5.15-6 of Section 5.15, Recreation, of the DEIR.

Future growth in the City in accordance with buildout of the General Plan would increase the demand for parks and increase existing park usage. New developments in Menifee involving a tentative map or parcel map would pay fees, dedicate land, or both, to the City of Menifee for park and recreation purposes in accordance with the Quimby Act.

General Plan buildout would create demand for 407 acres of new parkland at a ratio of five acres of parkland per 1,000 residents. The proposed General Plan designates 725 acres for parks. As a result, under the General Plan, development of park facilities would keep pace with the anticipated increase in population, and no significant impacts would occur. Impacts would be similar for the Expanded EDC Scenario.

Finding: The buildout of the General Plan would increase the use of existing park and recreational facilities. However, new developments in Menifee involving a tentative map or parcel map would pay fees, dedicate land, or both, to the City of Menifee for park and recreation purposes in accordance with the Quimby Act, and park impacts would be less than significant.

Impact 5.15-2 Project implementation would not result in environmental impacts to provide new and/or expanded recreational facilities.

Support for this environmental impact conclusion is fully discussed starting on page 5.15-6 of Section 5.15, Recreation, of the DEIR.

Development pursuant to the General Plan would result in the construction of new or expansion of existing recreational facilities in the City. Development and operation of new recreational facilities may have an adverse physical effect on the environment, including impacts relating to air quality, biological resources, lighting, noise, and traffic. However, it is speculative to determine the location of proposed park facilities in the City and impacts arising from development of individual park projects. Goals, policies, and actions in the General Plan, along with existing federal, state, and local regulations, would mitigate potential adverse impacts to the environment that may result from the expansion of parks, recreational facilities, and trails pursuant to buildout of the proposed Land Use Plan. Furthermore, subsequent environmental review would be required for development of park projects under the proposed Land Use Plan. Consequently, the General Plan would not result in significant impacts relating to new or expanded recreational facilities. Impacts would be the same under the Expanded EDC Scenario.

______City of Menifee General Plan - 38 - CEQA Findings of Fact December 2013 Finding: Subsequent environmental review required for development of additional park facilities from the proposed General Plan would ensure that impacts related to new or expanded recreational facilities would not result in a significant environmental impact.

Transportation and Traffic

Impact 5.16-3 Circulation improvements associated with General Plan buildout would be designed to adequately address potentially hazardous conditions (sharp curves, etc.), potential conflicting uses, and emergency access.

Support for this environmental impact conclusion is fully discussed starting on page 5.16-49 of Section 5.16, Transportation and Traffic, of the DEIR.

Buildout of the proposed General Plan would result in some changes to the City’s circulation network, but would not increase hazards or impact emergency access due to design features. Several modifications to the currently adopted county (RCIP) highway cross-sections were recommended in order to accommodate a broader array of traffic volume conditions and modes; to provide appropriate lane capacities within limited right-of-way (ROW); and to provide more detailed information on lane configurations, shoulders, medians, etc. Higher volume streets were designed with shoulders to accommodate exclusive bike lanes or shared NEV/bike lanes. Sidewalks may be curb adjacent or separated from the roadway by a landscaped parkway or on- street parking, subject to approval. All future roadway system improvements associated with development and redevelopment activates under the General Plan would be designed in accordance with the established roadway design standards, some of which have also been incorporated into the Circulation Element of the General Plan.

The Circulation Element includes policies that requires the City to comply with federal, state, and local design and safety standards when designing roadways and on-street and off-street pedestrian and bicycle pathways. Impacts to the circulation system and to emergency access as a result of implementation of the General Plan would be less than significant.

Finding: Compliance with the General Plan policies in the Circulation Element would ensure that impacts on circulation system and emergency access are less than significant.

Impact 5.16-4 General plan buildout would comply with adopted policies, plans, and programs for alternative transportation.

Support for this environmental impact conclusion is fully discussed starting on page 5.16-50 of Section 5.16, Transportation and Traffic, of the DEIR.

The Circulation Element accounts for the implementation and enhancements of several travel modes, including automobile, walking, bicycling, transit, and the use of NEVs/golf carts. Various modal layers provide the framework for the City of Menifee General Plan Circulation Element (see Figure 5.16-6 of the DEIR).

The proposed Menifee Bikeway and Community Pedestrian Network presented in Figure 5.16-8 of the DEIR works in conjunction with the proposed Menifee General Plan Roadway Network to provide a framework for key routes and facilities that would enhance connectivity for all users. Additionally, WRCOG adopted a Non-Motorized Transportation Plan (NMTP) in 2010, and the

______City of Menifee General Plan - 39 - CEQA Findings of Fact December 2013 NMTP includes a system of regional routes through western Riverside County, including the City of Menifee. The Circulation Element would include policies to ensure that adequate modes of nonmotorized transportation continue to be provided and expanded, where feasible and necessary, throughout the City.

The network of potential transit services shown on Figure 5.16-9 of the DEIR works in conjunction with the proposed Menifee General Plan Roadway Network and the proposed Menifee Bikeway and Community Pedestrian Network to provide a framework for key routes and facilities that will further enhance connectivity for all users. The Riverside Transit Agency (RTA) provides fixed route and Dial-A-Ride bus service within the City of Menifee and neighboring jurisdictions.

Riverside County Transportation Commission (RCTC), in partnership with Metrolink, is responsible for rail planning and funding within Riverside County. RCTC is currently planning an extension of existing rail service from Riverside/San Bernardino along the I-215 and terminating in the City of Perris. The Perris Valley line will provide commuter rail service to Menifee at a Metrolink station planned at Case Road west of I-215. Future service could be extended into Hemet/San Jacinto if ridership demand and other important considerations are met. In addition, the City of Menifee has expressed a desire to add a Metrolink station to serve the community. The Circulation Element would include policies to promote the use of transit throughout the City.

The proposed Menifee Neighborhood Electric Vehicle network expands the original Sun City Golf Cart plans and identifies areas throughout the City of Menifee that will accommodate the use of NEV’s/Golf Carts.

Finding: The Circulation Element promotes the use of transit throughout the City, and no conflict with policies, plans, and programs for alternative transportation would occur from future development and redevelopment under the proposed General Plan. No impacts would occur.

Impact 5.16-5 Air traffic patterns would not be changed by the General Plan buildout.

Support for this environmental impact conclusion is fully discussed starting on page 5.16-59 of Section 5.16, Transportation and Traffic, of the DEIR.

Portions of Menifee are within the airport influence areas of Perris Valley Airport and March Air Reserve Base. There are no direct conflicts with the compatibility criteria in the Perris Valley Airport Land Use Compatibility Plan as adopted by the Riverside County ALUC or the provisions of the March Air Reserve Base Joint Land Use Study. Air traffic pattern impacts would be less than significant.

Finding: The proposed Menifee General Plan would not conflict with the Perris Valley Airport Land Use Compatibility Plan or the provisions of the March Air Reserve Base Joint Land Use Study. The buildout of the General Plan would not change the air traffic patterns of other area airports, and impacts would be less than significant.

______City of Menifee General Plan - 40 - CEQA Findings of Fact December 2013 Utilities and Service Systems

Impact 5.17-1 Water supply and delivery systems are adequate to meet project requirements.

Support for this environmental impact conclusion is fully discussed starting on page 5.17-4 of Section 5.17, Utilities and Service Systems, of the DEIR.

The net increase in water demands due to General Plan Buildout is forecast in Table 5.17-2 of the DEIR. Water demands are estimated using baseline and 2020 target water demand use estimates from Eastern Municipal Water District (EMWD). The net increase in water demands due to General Plan buildout is estimated as 17.3 million gallons per day (mgd) using baseline water use and 15.0 mgd using 2020 target water demand use. The projected net increase in water demands by buildout of the General Plan—about 15.0 mgd—is within EMWD forecasts of increases in its water supplies over the 2015–2035 period. EMWD forecasts that its total water supplies will increase by 88,300 acre-feet per year over that period. There are adequate forecast water supplies in the region for General Plan buildout, and no additional water supplies would be needed. Impacts of General Plan buildout would be less than significant. Impacts would be similar for the Expanded EDC Scenario.

Finding: Water supply and delivery systems are adequate to meet the General Plan buildout, and impacts would be less than significant.

Impact 5.17-2 There is adequate water treatment capacity in the region for forecast water demand by General Plan buildout.

Support for this environmental impact conclusion is fully discussed starting on page 5.17-4 of Section 5.17, Utilities and Service Systems, of the DEIR.

General Plan buildout is forecast to create a net increase in water demand of about 15 mgd based on the 2020 target water demand use. The two MWD treatment plants that treat water supplied to EMWD have combined capacity of 850 mgd. EMWD’s two water filtration plants will have capacity of 36 mgd when the expansion of the Perris Water Filtration Plant is completed. When the Perris II Desalter is completed in 2015, EMWD’s three desalters will have total capacity of 12.1 mgd. The water treatment plants, water filtration plants, and desalters that treat EMWD water supplies will have total capacity of almost 900 mgd after completion of the Perris II Desalter and the expansion of the Perris Water Filtration Plant. There is sufficient water treatment capacity in the region for the forecast increase in water demand due to General Plan buildout. Impacts would be less than significant.

Impacts would be similar for the Expanded EDC Scenario.

Finding: Water treatment capacity is adequate to meet the General Plan buildout demands, and impacts would be less than significant.

Impact 5.17-3 There is sufficient wastewater treatment capacity in the region for projected wastewater generation by General Plan buildout.

______City of Menifee General Plan - 41 - CEQA Findings of Fact December 2013 Support for this environmental impact conclusion is fully discussed starting on page 5.17-7 of Section 5.17, Utilities and Service Systems, of the DEIR.

The estimated net increase in wastewater generation is about 5.6 mgd, as shown in Table 5.17-2 of the DEIR. At completion of the ongoing expansion of the Perris Valley Regional Water Reclamation Facility (RWRF) in 2013, the Perris Valley and Temecula Valley RWRFs will have combined capacity of 40 mgd. Existing flows through the Perris Valley RWRF are 12.5 mgd, and through the Temecula Valley RWRF are 14 mgd. Thus, total residual capacity at the two plants is 13.5 mgd, sufficient for the forecast net increase in wastewater generation of about 5.6 mgd. No further expansions of wastewater treatment capacity would be required other than those already planned by EMWD.

Impacts would be the same for the Expanded EDC Scenario.

Finding: With the planned expansion of the Perris Valley RWRF, the EMWD has adequate wastewater treatment capacity to meet the General Plan buildout demands, and impacts would be less than significant.

Impact 5.17-4 The General Plan would not permit industrial land uses that would exceed wastewater treatment requirements of the Santa Ana and/or San Diego Regional Water Quality Control Boards.

Support for this environmental impact conclusion is fully discussed starting on page 5.17-7 of Section 5.17, Utilities and Service Systems, of the DEIR.

Discharges to sewers are regulated by EMWD Prohibited Discharge Standards (EMWD Ordinance No. 59.5) to protect EMWD water reclamation facilities from damage due to substances discharged into sewers. The General Plan would permit industrial land uses in Business Park, Economic Development Corridor, and Specific Plan designations, but it would not permit wastewater discharges exceeding discharge requirements. Any industrial land use developed pursuant to the General Plan that sought to discharge to surface water substances not permitted under the MS4 Permit would be required to obtain an individual permit from the Santa Ana RWQCB containing necessary waste discharge requirements. Buildout of the Expanded EDC Scenario would comply with the same requirements.

Finding: Industrial land uses proposed under the General Plan buildout would not exceed wastewater treatment requirements of the Santa Ana and/or San Diego Regional Water Quality Control Boards.

Impact 5.17-5 General Plan buildout would involve construction of new and expanded storm drainage facilities.

Support for this environmental impact conclusion is fully discussed starting on page 5.17-10 of Section 5.17, Utilities and Service Systems, of the DEIR.

Residential, commercial, and industrial development associated with buildout of the General Plan would increase the amount of impervious hardscape throughout the City of Menifee, thus decreasing permeable surfaces. During rainfall events, this increases the amount of stormwater runoff. Developments in certain categories would be required to infiltrate, filter, or treat urban

______City of Menifee General Plan - 42 - CEQA Findings of Fact December 2013 runoff from 85th percentile storms, that is, approximately a two-year storm. Affected categories of projects are described in Section 5.9, Hydrology and Water Quality.

Buildout of the General Plan would require construction of new storm drainage facilities, including proposed RCFCWCD facilities shown on the Homeland-Romoland Area Drainage Plan and the Romoland Master Drainage Plan, as well as new City storm drains. Projects approved pursuant to the Homeland-Romoland ADP would be required to pay drainage fees. Impacts of the Expanded EDC Scenario would be similar.

Finding: New and expanded storm drainage facilities under the buildout of the General Plan would result in less than significant environmental impacts.

Impact 5.17-6 There is adequate landfill capacity in the region to accommodate solid waste that would be generated by General Plan buildout.

Support for this environmental impact conclusion is fully discussed starting on page 5.17-13 of Section 5.17, Utilities and Service Systems, of the DEIR.

The forecast net increase in solid waste generation by General Plan buildout is 794,151 pounds per day, or 397.1 tons per day, as shown in Table 5.17-4 of the DEIR. The residual capacity in tons per day—that is, maximum permitted daily disposal less actual disposal amount—at the two landfills accepting the vast majority of solid waste from Menifee is 11,143 tons per day. There is adequate landfill capacity in the region for solid waste that would be generated by buildout of the General Plan, and General Plan implementation would not require new or additional landfills. Impacts would be similar under the Expanded EDC Scenario.

Finding: Regional landfill capacity is adequate to meet the General Plan buildout demands, and impacts would be less than significant.

Impact 5.17-7 There are sufficient electricity and natural gas supplies available to the region for projected energy demands by General Plan buildout, and no additional electricity or natural gas supplies would be needed.

Support for this environmental impact conclusion is fully discussed starting on page 5.17-7 of Section 5.17, Utilities and Service Systems, of the DEIR.

Electricity

The net increase in electricity demands due to General Plan buildout is about 709 million kWh per year (that is, 709 GWh per year), as shown in Table 5.17-5 of the DEIR. Forecast electricity consumption in Menifee due to General Plan buildout is well within total estimated electricity consumption in SCE’s service area, and General Plan buildout would not require SCE to obtain new or expanded electricity supplies. Impacts would be less than significant.

Natural Gas

The estimated net increase in natural gas demands due to General Plan buildout is about 1.21 billion kBTU per year, or 1.17 billion cubic feet per year, as shown in Table 5.17-6 of the DEIR. Estimated natural gas consumption by General Plan buildout would be well within forecast Gas Company natural gas supplies, and General Plan buildout would not require the Gas Company to acquire new or expanded natural gas supplies. Impacts would be less than significant.

______City of Menifee General Plan - 43 - CEQA Findings of Fact December 2013 Impacts would be similar for the Expanded EDC Scenario.

Finding: Electricity and natural gas demands generated from the General Plan buildout would not require new or expanded Southern California Edison or Gas Company facilities, and impacts would be less than significant.

C. IMPACTS MITIGATED TO LESS THAN SIGNIFICANT

The following summary describes impacts of the proposed project that, without mitigation, would result in significant adverse impacts. Upon implementation of the mitigation measures provided in the DEIR, these impacts would be considered less than significant.

Air Quality

Impact 5.3-4 Buildout of the General Plan could site sensitive land uses near air pollution sources and therefore expose sensitive receptors to substantial pollutant concentrations.

Support for this environmental impact conclusion is fully discussed starting on page 5.3-19 of Section 5.3, Air Quality, of the DEIR.

The proposed Land Use Plan would potentially intensify uses surrounding the freeway at buildout. New development associated with the proposed General Plan surrounding I-215 has the potential to expose sensitive receptors to substantial pollutant concentrations from diesel exhaust. The association of truck-related diesel emissions with adverse health effects is generally strongest between 300 and 1,000 feet and diminishes with distance. The impact of traffic emissions is on a gradient that at some point becomes indistinguishable from the regional air pollution problem. CARB recommends avoiding siting new sensitive land uses within “500 feet of a freeway, urban roads with 100,000 vehicles per day, or rural roads with 50,000 vehicles per day.” Because roadway volumes on I-215 would have more than 100,000 vehicles per day, buildout of the proposed Land Use Plan has the potential to expose sensitive receptors to substantial concentrations of air pollutant emissions if constructed within 500 feet of this freeway. No other roadways within the City have or are projected to have more than 100,000 average daily vehicle trips. Table 5.3-10 lists other air-pollutant-generating sources that can affect localized air quality. If new sensitive development were placed in the vicinity of any of these sources, such as the light and heavy manufacturing/warehousing located in the northern portion of the City along Ethanac Road, then sensitive receptors may be exposed to significant concentrations of air pollutants.

In accordance with CEQA, new development would be required to assess the localized air quality impacts from placement of new sensitive uses within the vicinity of air pollutant sources. In addition, Policy OSC 9.2, which calls for adding buffer zones between sensitive land uses and air pollutant emission sources, would reduce impacts for future development projects to the extent feasible. However, sensitive receptors could be exposed to substantial pollutant concentrations near major sources of air pollutants in the absence of mitigation. Therefore, air quality impacts from placement of sensitive uses near major pollutant sources are considered significant.

Impacts would be similar for the Expanded EDC Scenario.

______City of Menifee General Plan - 44 - CEQA Findings of Fact December 2013 Mitigation Measure

3-2 The City shall require Project Applicants for residential or residential mixed-use projects within: 1) 1,000 feet from the truck bays of an existing distribution centers that accommodate more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units, or where transport refrigeration unit operations exceed 300 hours per week; 2) 1,000 feet of an industrial facility which emits toxic air contaminants; or 3) 500 feet of Interstate 215 (I-215) shall submit a health risk assessment (HRA) prepared in accordance with policies and procedures of the state Office of Environmental Health Hazard Assessment (OEHHA) and the South Coast Air Quality Management District (SCAQMD).

The HRA shall be submitted to the Community Development Director or designee prior to approval of any future discretionary residential or residential mixed-use project. If the HRA shows that the incremental cancer risk exceeds one in one hundred thousand (1.0E-05), the appropriate noncancer hazard index exceeds 1.0, or if the PM10 or PM2.5 ambient air quality standard increment exceeds 2.5 µg/m3 the HRA shall identify the level of high-efficiency Minimum Efficiency Reporting Value (MERV) filter required to reduce indoor air concentrations of pollutants to achieve the cancer and/or noncancer threshold.

The Applicant shall be required to install high efficiency MERV filters in the intake of residential ventilation systems, consistent with the recommendations of the HRA. Heating, air conditioning and ventilation (HVAC) systems shall be installed with a fan unit power designed to force air through the MERV filter. To ensure long-term maintenance and replacement of the MERV filters in the individual units, the following shall occur:

a) Developer, sale, and/or rental representative shall provide notification to all affected tenants/residents of the potential health risk for affected units.

b) For rental units, the owner/property manager shall maintain and replace MERV filters in accordance with the manufacture’s recommendations. The property owner shall inform renters of increased risk of exposure to diesel particulates when windows are open.

c) For residential owned units, the Homeowner’s Association (HOA) shall incorporate requirements for long-term maintenance in the Covenant Conditions and Restrictions and inform homeowners of their responsibility to maintain the MERV filter in accordance with the manufacturer’s recommendations. The HOA shall inform homeowners of increased risk of exposure to diesel particulates when windows are open.

d) Outdoor active-use public recreational areas associated with development projects shall be located more than 500 feet from the nearest lane of traffic on the I-215 unless risk are below the thresholds identified above.

Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the final EIR. These changes are identified in the form of a mitigation measure, presented above. The City of Menifee hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. ______City of Menifee General Plan - 45 - CEQA Findings of Fact December 2013 Therefore, Impact 5.3-4 would be less than significant.

Impact 5.3-6 Buildout of the Menifee General Plan Could potentially expose substantial numbers of people to nuisance odors.

Support for this environmental impact conclusion is fully discussed starting on page 5.3-22 of Section 5.3, Air Quality, of the DEIR.

Growth within the City of Menifee could generate new sources of odors and place sensitive receptors near existing sources of odors. The closest wastewater treatment plant is the Perris Valley Regional Water Reclamation Facility near the northern boundary of the City. The proposed Land Use Plan would result in placement of industrial land uses proximate to this facility, which would preclude placement of sensitive land uses that could find odors objectionable.

The northern portion of the City is designated for industrial development, primarily to accommodate warehousing and other light industrial land uses. These developments would be required to comply with SCAQMD Rule 402. However, additional measures may be necessary to prevent an odor nuisance. Therefore, industrial land uses associated with the General Plan may generate a potentially significant odor impact to a substantial number of people.

Future residential and commercial development associated with buildout of the Menifee General Plan would involve minor odor-generating activities, such as lawn mower exhaust, application of exterior paints for building improvement, and cooking odors (e.g., restaurants). However, unlike industrial land uses, these land uses are not considered potential generators of odor that could affect a substantial number of people. Therefore, impacts from potential odors generated from residential and commercial land uses associated with the General Plan are considered less than significant.

During construction activities, construction equipment exhaust and application of asphalt and architectural coatings would temporarily generate odors. Any construction-related odor emissions would be temporary and intermittent in nature. Additionally, noxious odors would be confined to the immediate vicinity of the construction equipment. By the time such emissions reach any sensitive receptor sites, they would be diluted to well below any level of air quality concern. Furthermore, short-term construction-related odors are expected to cease upon the drying or hardening of the odor-producing materials. Therefore, impacts associated with construction- generated odors are considered less than significant.

Impacts would be the same under the Expanded EDC Scenario.

Mitigation Measure

3-4 If it is determined during project-level environmental review that a project has the potential to emit nuisance odors beyond the property line, an odor management plan may be required, subject to Community Development Director or designee review. Facilities that have the potential to generate nuisance odors include but are not limited to:

• Wastewater treatment plants • Composting, greenwaste, or recycling facilities ______City of Menifee General Plan - 46 - CEQA Findings of Fact December 2013 • Fiberglass manufacturing facilities • Painting/coating operations • Large-capacity coffee roasters • Food-processing facilities

If an Odor Management Plan is determined to be required through CEQA review, the City shall require the project applicant to submit the plan prior to approval to ensure compliance with the South Coast Air Quality Management District’s Rule 402, for nuisance odors. If applicable, the Odor Management Plan shall identify the best available control technologies for toxics (T-BACTs) that will be utilized to reduce potential odors to acceptable levels, including appropriate enforcement mechanisms. T-BACTs may include but are not limited to scrubbers (e.g., air pollution control devices) at the industrial facility. T-BACTs identified in the Odor Management Plan shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan.

Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the final EIR. These changes are identified in the form of the mitigation measure presented above. The City of Menifee hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. Therefore, Impact 5.3-6 would be less than significant.

Biological Resources

Impact 5.4-1 Development of the proposed project could impact sensitive species.

Support for this environmental impact conclusion is fully discussed starting on page 5.4-59 of Section 5.3, Biological Resources, of the DEIR.

General Plan buildout has the potential to result in direct and indirect impacts to existing biological resources. This discussion identifies potential impacts that could result from future development at a programmatic level. Specific potential direct and indirect impacts resulting from individual future development projects will be analyzed on a case-by-case basis as they are submitted to the City.

Impacts that may occur as a result of project implementation vary according to future proposed projects and include potential habitat loss and diminished habitat quality. Wherever future projects are implemented, the following impacts have the potential to occur:

Proposed planning actions could result in the permanent loss of habitat and species by allowing future development to occur. In addition, proposed planning actions have the potential to produce indirect impacts that could adversely modify the composition and value of wildlife and habitat adjacent to development areas. These impacts from future projects would need to be analyzed on a case-by-case basis as such projects are submitted to the City.

Approximately 38 percent of the City’s land is currently vacant, with approximately 34 developed with residential uses. Future proposed development projects would be reviewed to ensure that sensitive species outlined in Tables 5.4-1 and 5.4-2 of the DEIR are protected and impacts to their habitats are mitigated.

______City of Menifee General Plan - 47 - CEQA Findings of Fact December 2013 The City is a permittee of the MSHCP and must comply with the reserve assembly provisions as well as the provisions in Sections 6.1.2, 6.1.3, 6.3.2, and 6.1.4 of the MSHCP for projects proposed within the City. The implementation of the MSHCP at the project-specific level would minimize direct and indirect species impacts of future projects proposed in accordance with the General Plan.

Additionally, payment of the mitigation fee and compliance with all applicable requirements of the MSHCP provide full mitigation under California Environmental Quality Act, National Environmental Policy Act, Federal Endangered Species Act, and California Endangered Species Act for impacts to MSHCP-covered species and habitats. The MSHCP also addresses indirect impacts through cores and linkages, criteria cells, and MSHCP fees. Impacts to MSHCP-covered species would be potentially significant without mitigation.

Impacts would be the same for the Expanded EDC Scenario.

Mitigation Measure

4-1 Prior to project approvals, project applicants shall have a habitat assessment prepared by a qualified biologist for projects on undeveloped sites. The habitat assessment report shall be submitted to the City of Menifee Community Development Department prior to project approvals.

• If the findings of the habitat assessment show no sensitive species or suitable habitat occur on site, then no additional surveys or mitigation measures are required.

• If the potential for sensitive species exist or suitable habitat exists on site, focused surveys or mitigation, if identified in the habitat assessment, shall be completed. Focused surveys conducted in the appropriate season for each species, as identified in the habitat assessment report, shall be conducted to determine presence/absence status.

• If no sensitive species are identified through focused surveys, then no additional surveys or mitigation measures are required.

• If suitable habitat for federal- or state-listed species, or if federal- or state-listed species are identified on the site, then the biologist conducting the habitat assessments shall recommend measures to avoid impacts to the affected species or provide compensatory mitigation for such impacts.

• If suitable habitat for federal- or state-listed species, or if federal- or state-listed species are identified on the site, then the project applicant must consult with the US Fish and Wildlife Service and/or the California Department of Fish and Wildlife regarding avoidance and/or mitigation of impacts to those species.

Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the final EIR. These changes are identified in the form of the mitigation measure presented above. The City of Menifee hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. Therefore, Impact 5.4-1 would be less than significant.

______City of Menifee General Plan - 48 - CEQA Findings of Fact December 2013 Impact 5.4-2 General Plan buildout would result in the loss of riparian habitat.

Support for this environmental impact conclusion is fully discussed starting on page 5.4-61 of Section 5.4, Biological Resources, of the DEIR

It is expected than all of the drainages depicted on Figure 5.4-7 of the DEIR would be considered jurisdictional to state and federal agencies, requiring impacts to be mitigated through the regulatory permitting processes. The drainages in the City are primarily ephemeral and unvegetated which would be considered riverine resources per the MSHCP. Future development projects that affect these riparian resources would be required to comply with the requirements of Section 6.1.2 of the MSHCP and prepare a Determination of Biologically Equivalent or Superior Preservation (DBESP) that would outline the mitigation to reduce impacts. The mitigation measures are required to be biologically equivalent or superior to existing conditions. Project applicants must obtain the necessary permits from RWQCB, Corps, and CDFW. Riparian habitat impacts would be significant without mitigation.

One of the drainages mapped on Figure 5.4-7 passes through the additional area that would be designated EDC under the Expanded EDC Scenario; impacts would be the same under that scenario.

Mitigation Measure

4-2 Prior to project approvals, project applicants shall have the project site assessed for potential jurisdictional waters, wetlands, and/or riparian habitat by a professional biologist qualified to conduct jurisdictional delineations.

• If potential jurisdictional area is identified on the project site, the applicant shall have a full jurisdictional delineation completed by a qualified professional. The findings of the delineation shall be presented in a report. The qualified professional shall recommend mitigation measures in the report for avoiding, or compensating for, impacts to waters, wetlands, and riparian habitats. Jurisdictional delineation reports shall be presented to the US Army Corps of Engineers, Santa Ana Regional Water Quality Control Board or San Diego Regional Water Quality Control Board, and/or California Department of Fish and Wildlife for concurrence. Mitigation measures for impacts to jurisdictional waters, wetlands, and riparian habitat shall be determined by those agencies.

Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the final EIR. These changes are identified in the form of the mitigation measure presented above. The City of Menifee hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. Therefore, Impact 5.4-2 would be less than significant.

Impact 5.4-3 The proposed project may impact jurisdictional waters.

Support for this environmental impact conclusion is fully discussed starting on page 5.3-61 of Section 5.3, Biological Resources, of the DEIR.

______City of Menifee General Plan - 49 - CEQA Findings of Fact December 2013 Potential development under the General Plan that may impact protected wetlands includes future private development, roads, or public facilities projects in and/or adjacent to sensitive habitats, including southern cottonwood/willow riparian, riparian scrub, open water/reservoir/pond, coast live oak woodland, and riversidean sage scrub (see Figure 5.4-2 of the DEIR).

Most of the drainages in the City are considered waters of the State under RWQCB jurisdiction. Drainages in the City as well as riparian vegetation associated with drainages are considered CDFW jurisdictional streambeds. Both Canyon Lake and Lake Elsinore have been determined by the Corps and the EPA to be traditional navigable waters (TNW) and are under Corps jurisdiction. Any tributaries that have a significant link to Canyon Lake or Lake Elsinore would also fall under the jurisdiction of the Corps as waters of the U.S. Future development projects that would directly or indirectly impact these drainages and/or tributaries would be required to obtain permits from the applicable agencies.

The drainages within the City are primarily ephemeral and unvegetated. However, the east–west channel (Drainage 1 of DEIR Figure 5.4-7) supports riparian vegetation just upstream of its confluence with Canyon Lakes. It is expected that, over time, if additional drainage occurs within these drainages, more riparian vegetation would occur, requiring mitigation (through the regulatory permitting process and MSHCP) if impacts occur. Riparian scrub and riparian woodland occur in isolated patches within the drainages in the southern portion of the City and may also be included in required mitigation.

If development is in wetland areas, state and federal laws and regulations would be implemented to protect resources from development through the Corps Section 404 permitting process, the California Wetlands Conservation Policy, and compliance with applicable MSHCP policies. The California Wetlands Conservation Policy is intended to ensure no net loss of wetlands occurs within the state.

Additionally, wetlands are protected under Section 6.1.2 of the MSHCP, which outlines the requirements and protection of riparian areas and/or vernal pools. Future development projects would comply with conditions of any required permits from RWQCB, Corps, and CDFW, and provisions of the MSHCP. Jurisdictional water impacts would be significant without mitigation.

Impacts would be the same under the Expanded EDC Scenario.

Mitigation Measure

Implementation of Mitigation Measure 4-2.

Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the final EIR. These changes are identified in the form of the mitigation measure presented above. The City of Menifee hereby finds that implementation of the mitigation measure is feasible, and it is therefore adopted. Therefore, Impact 5.4-3 would be less than significant.

Impact 5.4-5 General plan buildout may impact bird species and Stephen’s kangaroo rat; it would not conflict with plans and policies.

Support for this environmental impact conclusion is fully discussed starting on page 5.4-62 of Section 5.4, Biological Resources, of the DEIR. ______City of Menifee General Plan - 50 - CEQA Findings of Fact December 2013 The MSHCP is a habitat conservation plan (HCP) and Natural Communities Conservation Plan (NCCP) of which Menifee is a permittee. Therefore, implementation of the proposed General Plan would be subject to the MSHCP. The City boundaries lie within the MSHCP Area and the southeastern portion of the City is located in a criteria area.

Per the MSHCP, projects proposed in the criteria area are subject to the JPR process through the Regional Conservation Authority. Since this EIR is a programmatic level review, there are no specific projects proposed at this time that would require biological surveys needed for a JPR. Instead, the City would ensure that future discretionary projects within the MSHCP area conduct their own MSHCP consistency analyses. For projects specifically within the criteria area, the City would submit a JPR that would assess how the project affects reserve assembly, and other plan requirements of the MSHCP including Section 6.1.2, Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool; Section 6.1.3, Protection of Narrow Endemic Plant Species; Section 6.3.2, Additional Survey Needs and Procedures; and Section 6.1.4, Guidelines Pertaining to the Urban/Wildlands Interface.

The City is also subject to the Stephens’ Kangaroo Rat Habitat Conservation Plan (SKR HCP). Implementation of the proposed General Plan within the City boundaries would be subject to impact fees under the SKR HCP, which are collected from new development within the SKR HCP boundary and applied to a fund that helps to secure and maintain conserved areas (land purchased or otherwise secured for this purpose). Payment of fees per the SKR HCP mitigates for development impacts to the SKR for projects within the SKR HCP boundaries. Impacts would be less than significant.

Impacts regarding each HCP would be the same under the Expanded EDC Scenario.

Mitigation Measures

4-3 Prior to the issuance of grading permits for private development projects or prior to construction for public agency contracts, during the nesting season, February 1 to August 31, a preconstruction/pregrading field survey shall be conducted by a qualified biologist to determine if active nests of species protected by the Migratory Bird Treaty Act (MBTA) or the California Fish and Wildlife Code are present in the construction zone.

• If active nests are not located within the project area an appropriate buffer shall be established (i.e., 500 foot radius of an active listed species or raptor nest, 300 foot for other sensitive or protected bird nests (nonlisted), or 100 foot for sensitive or protected songbird nests). Construction may be conducted during the nesting/breeding season outside the buffer.

• If active nests are located during the preactivity field survey, no grading or heavy equipment activity shall take place within at least 500 feet of an active listed species or raptor nest, 300 feet of other sensitive or protected species under MBTA or California Fish and Wildlife Code, bird nests (nonlisted), or within 100 feet of sensitive or protected songbird nests until the nest is no longer active.

4-4 Within 30 days prior to commencement of grading and construction activities, projects within the mapped burrowing Owl survey area shall have a preconstruction survey for resident Burrowing owls conducted by a qualified biologist. These surveys shall be required, in addition to the habitat assessment and focused surveys that ______City of Menifee General Plan - 51 - CEQA Findings of Fact December 2013 would be required under Section 6.3.2 of the MSHCP. If ground-disturbing activities in these areas are delayed or suspended for more than 30 days after the preconstruction survey, the area shall be resurveyed for owls. Take of active nests shall be avoided. The preconstruction survey and any relocation activity shall be conducted in accordance with MSHCP instructions and/or guidelines and coordinated with the Regional Conservation Authority following accepted protocols.

4-5 The City shall continue to participate in the Stephens’ Kangaroo Rat Habitat Conservation Plan including collection of mitigation fees for future projects.

Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the final EIR. These changes are identified in the form of the mitigation measures presented above. The City of Menifee hereby finds that implementation of the mitigation measures is feasible, and they are therefore adopted. Therefore, Impact 5.4-5 would be less than significant.

Cultural Resources

Impact 5.5-2 Buildout of the Menifee General Plan could impact archaeological resources.

Support for this environmental impact conclusion is fully discussed starting on page 5.5-15 of Section 5.5, Cultural Resources, of the DEIR.

There are hundreds of prehistoric and historic archaeological sites within the City of Menifee boundaries. Thus, the potential to uncover significant archaeological resources within the City during development activities is considered high. The entire City is considered sensitive for archaeological resources.

Existing federal, state, and local regulations address the provision of studies to identify archaeological resources; application review for projects that would potentially involve land disturbance; provide a project-level standard condition of approval that addresses unanticipated archaeological discoveries; and requirements to develop specific mitigation measures if resources are encountered during any development activity. Protection of archaeological resources is also afforded by CEQA for individual projects subject to discretionary actions that are implemented in accordance with the preferred Land Use Plan. Per section 21083.2 of CEQA, the lead agency shall determine whether the project may have a significant effect on archaeological resources. If the lead agency determines that the project may have a significant effect on unique archaeological resources, the EIR shall address those resources and mitigate impacts. The potential to uncover undiscovered archeological resources in Menifee is high. Implementation of Mitigation Measures 5-1, 5-3 and 5-4 would reduce impacts to less than significant. Impacts would be the same under the Expanded EDC Scenario.

Impact 5.5-2 Buildout of the Menifee General Plan could impact paleontological resources.

The possibility of finding additional paleontological resources within City boundaries (higher elevation than reservoir) is high at depths of 10 feet or more below ground surface. Existing federal, state, and local regulations address the provision of studies to identify paleontological resources; application review for projects that would potentially involve land disturbance; provide a project-level standard condition of approval that addresses unanticipated paleontological ______City of Menifee General Plan - 52 - CEQA Findings of Fact December 2013 discoveries; and requirements to develop specific mitigation measures if resources are encountered during any development activity. Protection of paleontological resources is also afforded by CEQA for individual projects subject to discretionary actions that are implemented in accordance with the preferred Land Use Plan. The potential to uncover undiscovered paleontological resources in Menifee is high. Implementation of Mitigation Measures 5-2 would reduce impacts to less than significant. Impacts would be the same under the Expanded EDC Scenario.

Mitigation Measures

5-1 Prior to project approvals, applicants shall submit a cultural resource study to the City of Menifee Community Development Director or designee.

Cultural Resource Study: A cultural resource assessment shall be prepared by a City of Menifee-approved qualified archaeologist. The study shall assess the significance of any known archaeological cultural and historic resources that the project could impact and the sensitivity for buried archaeological resources. On properties where resources are identified, or that are determined to be moderately to highly sensitive for buried archaeological resources, such studies shall provide a detailed cultural resource monitoring program, including a monitoring plan and recovery and/or in situ protection and preservation plan, based on the recommendations of a qualified cultural preservation expert.

The cultural resource study shall include a records search at the Eastern Information Center at the University of California, Riverside, and a field survey for surface archaeological resources. It shall also include the Sacred Lands Inventory search results from the Native American Heritage Commission and evidence that the tribes listed on the search results were contacted for information. General findings of the cultural resources assessment, such as presence of resources, shall be incorporated into the CEQA documentation. Detailed information on sensitive cultural resources identified on a project site, such as locations and specific types of resources, Native American human remains, and associated funerary objects, shall be documented in a separate confidential report and submitted to the City of Menifee and shall not be available to the public; a copy of the report shall be forwarded to relevant Native American tribal representative.

Should the cultural resource study identify archaeological, historic or cultural resources or identify the site as moderately to highly sensitive for buried resources the following shall occur.

Cultural Resource Monitoring Program: A cultural resource monitoring program shall be developed between the project archaeologist, the City and the appropriate Native American tribe. It shall include the process for monitoring the project; documentation and protocols for avoidance/preservation of any known cultural, archaeological and/or historic resource located on the property as determined through consultation with the applicant/developer, City, project archaeologist and appropriate Native American tribe; a data recovery plan for any resources that are determined significant that cannot be avoided or preserved in situ; a plan for recovery and/or in situ preservation of inadvertent finds and other appropriate information pertinent to the specific project.

______City of Menifee General Plan - 53 - CEQA Findings of Fact December 2013 The applicant/developer shall contact the appropriate Native American tribal representative a minimum of 30 days before pulling grading permits to develop a Cultural Resources Treatment Agreement that addresses the potential resources – either known or inadvertently discovered, responsibilities, and participation of tribal monitors during grading, excavation and ground disturbing activities; scheduling; terms of compensation; and treatment, final disposition, and preservation of any cultural resources, sacred sites and human remains discovered on the site. Monitoring: A qualified professional archaeologist shall be retained for the project and shall be present at the jobsite during grading and other significant ground- disturbing activities.

Discovery: Should any archaeological, historic or cultural resources be discovered, no further grading shall occur in the area of the discovery until the Community Development Director is satisfied that adequate provisions are in place to protect these resources. Unanticipated discoveries shall be evaluated for significance by a professional archaeologist and the tribal representative. All attempts shall be made to avoid and preserve the resources; however, if avoidance is not feasible, then the project archaeologist shall perform data recovery, professional identification, radiocarbon dates, and other special studies; submit materials to a museum for permanent curation.

Final Reporting: The qualified professional archaeologist shall provide a comprehensive final report including catalog with museum numbers to the City of Menifee Community Development Director, the Eastern Information Center and the appropriate tribe. The final report shall include the appropriate California Department of Parks and Recreation (DPR30) forms as applicable.

5-2 Prior to approval of projects located in areas determined to be moderately to highly sensitive for paleontological resources, the project applicant shall provide studies by qualified paleontologists assessing the sensitivity of sites for buried paleontological resources.

In areas of high sensitivity for paleontological resources, each project applicant shall retain a qualified paleontologist to monitor ground disturbing activity. Should any potentially significant fossil resources be discovered, no further grading shall occur in the area of the discovery until the Community Development Director is satisfied that adequate provisions are in place to protect these resources. Unanticipated discoveries shall be evaluated for significance by a professional paleontologist. If significance criteria are met, then the project shall be required to perform data recovery, professional identification, radiocarbon dates, and/or other special studies; submit materials to a museum for permanent curation; and provide a comprehensive final report including catalog with museum numbers to the City of Menifee Community Development Director.

5-3 As outlined in the cultural resource monitoring program, prior to the issuance of grading permits for a project for which the cultural resource report identifies monitoring for potential Native American tribal resources, the project applicant and/or City of Menifee project manager shall contact the relevant Native American tribal representative(s) to notify them of project scheduling.

5-4 If human remains are encountered, California Health and Safety Code Section 7050.5 ______City of Menifee General Plan - 54 - CEQA Findings of Fact December 2013 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within 24 hours. After receiving notification of the discovery, the Native American Heritage Commission shall immediately identify the “most likely descendant(s)”. Within 48 hours, the most likely descendant(s) shall make recommendations and engage in consultations concerning the treatment of the remains as provided in Public Resources Code Section 5097.98 and the Treatment Agreement described in Mitigation Measure 5-1.

Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the final EIR. These changes are identified in the form of the mitigation measures presented above. The City of Menifee hereby finds that implementation of the mitigation measures is feasible, and they are therefore adopted. Therefore, Impact 5.5-2 would be less than significant.

Transportation and Traffic

Impact 5.16-1 Traffic volumes associated with General Plan buildout would exceed roadway capacity at various locations throughout the city.

Support for this environmental impact conclusion is fully discussed starting on page 5.16-29 of Section 5.16, Transportation and Traffic, of the DEIR.

Three future traffic analysis conditions were provided: one interim year scenario (RCIP 2035) and two separate buildout (Post-2035) scenarios. The RCIP 2035 scenario includes nominal growth in City of Menifee employment in comparison to existing conditions, and a population growth of approximately 30 percent. The Post-2035 scenarios account for full occupancy of residential and nonresidential land uses in the proposed General Plan Land Use Element.

RCIP 2035 Traffic Forecasts

The RivTAM model reflects the RCIP 2035 conditions and roadway network classifications shown on Exhibit 5.16-3 of the DEIR. The Average Daily Traffic Volumes and the AM and PM peak hour intersection turning movement volumes expected for interim year RCIP 2035 conditions are presented in Exhibits 7-1, 7-2 and 7-3, respectively, of the TIA, included in Appendix I of the DEIR.

Roadway Segments Volume per Capacity (V/C) Ratios

Table 5.16-7 of the DEIR presents a summary of the roadways performance for 2035 RCIP conditions, and the roadway segment analysis for RCIP 2035 conditions shows that the proposed RivTAM roadway network would provide adequate capacity to accommodate interim year 2035 conditions on all of the study area roadway segments with the exception of McCall Boulevard between Bradley Road and I-215 southbound ramps. As previously described, the roadway segment analysis is presented as a planning tool to assess the adequacy of the existing and proposed General Plan Circulation Element functional roadway classifications. It is important to consider the intersection LOS in combination with the roadway segment V/C ratios. ______City of Menifee General Plan - 55 - CEQA Findings of Fact December 2013 I-215 Freeway Mainline Analysis

As shown on Table 5.16-8 of the DEIR, for 2035 RCIP conditions with the proposed widening project that would add additional travel lanes, I-215 would carry traffic volumes that would potentially exceed the daily capacity on all five mainline segments evaluated.

Intersections Peak Hour Levels of Service

Table 5.16-9 of the DEIR summarizes the RCIP 2035 Condition peak hour LOS at the 33 existing study area intersections during the weekday AM and PM peak hours. As shown in this table, all intersections would operate at satisfactory levels of service (i.e., LOS D or better) during the weekday AM and PM peak hours, except for the intersection of Bradley Road and McCall Boulevard, which is forecast to operate at LOS F. With implementation of the mitigation measures presented below, this intersection would operate at acceptable LOS for long-range future conditions.

Post-2035 Traffic Forecasts

This scenario reflects the proposed roadway network classifications shown on Figure 5.16-4 of the DEIR.

Roadway Segments Volume per Capacities Ratios

As shown in Table 5.16-10 of the DEIR, the roadway segment analysis for Post-2035 conditions shows that the following 8 study area roadway segments may exceed the roadway capacity:

• Murrieta Road north of Newport Road • Haun Road south of Newport Road • McCall Boulevard west of Bradley Road • McCall Boulevard between Bradley Road & I-215 SB Ramp • McCall Boulevard between I-215 SB Ramp & I-215 NB Ramp • McCall Boulevard between I-215 NB Ramp & Encanto Drive • Newport Road west of Haun Road • Newport Road between Haun Road & the I-215 Southbound Ramps

I-215 Main Line Analysis

As shown on Table 5.16-11 of the DEIR, for the 2035 RCIP scenario with the proposed widening project that would add additional travel lanes, I-215 would carry traffic volumes that are expected to exceed and potentially exceed the daily capacity on all five main line segments evaluated.

Intersections Peak Hour Levels of Service

Table 5.16-12 of the DEIR summarizes the Post-2035 Condition peak hour LOS at the 33 existing study area intersections during the weekday AM and PM peak hours. As shown in this table for Post-2035 conditions, the following intersection location will experience unacceptable LOS E or worse conditions during one or both of the peak hours:

• Bradley Road at McCall Boulevard • Haun Road at Newport Road

______City of Menifee General Plan - 56 - CEQA Findings of Fact December 2013 • Menifee Road at SR-74 (Pinacate Road) • Menifee Road at McCall Boulevard

Expanded EDC Scenario Post-2035 Traffic Forecasts

The Expanded EDC scenario Post-2035 traffic forecasts are based on Menifee General Plan Land Use Element with the proposed land use change affecting 197 acres in the southwest corner of the General Plan Study Area, west of Interstate 215 and south of Scott Road. A summary of the differences between the Post-2035 General Plan and the Expanded EDC Post 2035 scenario are shown below.

• Increase the EDC area - Add 197 acres to the EDC-designated area - Increase nonretail by 3,260,901 square feet

• Reduce the Rural Residential area - Remove 4 acres of the RR1 (1-acre minimum) land use designation and 193 acres of the RR2 (2 acres minimum) land use designation - Reduce population by 281 persons - Reduce total number of units by 101

Roadway Segments Volume per Capacities Ratios

The roadway segment V/C ratios are approximate figures to assist in determining the roadway functional classification (number of through lanes) needed to meet projected traffic demands. As shown in Table 5.16-13 of the DEIR, the roadway segment analysis for the Expanded EDC Scenario Post-2035 conditions shows that the following 8 study area roadway segments may exceed the roadway capacity:

• Murrieta Road north of Newport Road • Haun Road south of Newport Road • McCall Boulevard west of Bradley Road • McCall Boulevard between Bradley Road & I-215 SB Ramp • McCall Boulevard between I-215 SB Ramp & I-215 NB Ramp • McCall Boulevard between I-215 NB Ramp & Encanto Drive • Newport Road west of Haun Road • Newport Road between Haun Road & the I-215 Southbound Ramps

I-215 Main Line Analysis

As shown on Table 5.16-14 of the DEIR, for the 2035 RCIP scenario with the proposed widening project which would add additional travel lanes, the I-215 freeway is expected to exceed and potentially exceed the daily capacity on all five mainline segments evaluated.

Intersections Peak Hour Levels of Service

Table 5.16-15, of the DEIR summarizes the Expanded EDC Scenario Post-2035 Condition peak hour LOS at the 33 existing study area intersections during the weekday AM and PM peak hours. The following intersection locations would experience unacceptable LOS E or worse conditions during one or both of the peak hours:

______City of Menifee General Plan - 57 - CEQA Findings of Fact December 2013 • Bradley Road at McCall Boulevard • Haun Road at Newport Road • Menifee Road at SR-74 (Pinacate Rd.) • Menifee Road at McCall Boulevard

Four intersections would experience unacceptable LOS during one or both peak hours for Post- 2035 for the General Plan and for the Expanded EDC scenario. Without additional improvements above and beyond programmed improvements, this would be a significant impact. Implementation of Mitigation Measures 16-1 and 16-2 would reduce impacts to less than significant.

Mitigation Measures

16-1 As development occurs, the City of Menifee shall implement intersection improvements identified below. When applicable, implementation of transportation improvements shall be conducted in coordination with Caltrans and/or the County of Riverside. The intersection improvements are ultimately subject to the review, approval, modification, and implementation of the City. Further environmental review may be required on a project-specific basis for certain intersection improvements.

a) Bradley Road at McCall Blvd a. add a second northbound right-turn lane b. add a third eastbound through lane c. add a third westbound through lane

b) Haun Road at Newport Road a. add a fourth eastbound through lane b. add a fourth westbound through lane c. remove both the northbound (east leg) and southbound (west leg) crosswalks

c) Menifee Road at SR-74 (Pinacate Rd.) a. add a second northbound right-turn lane

d) Menifee Road at McCall Boulevard a. add a southbound right-turn overlap phase b. add a second westbound right-turn lane

16-2. Prior to issuance of each building permit, appropriate Traffic Impact and TUMF fees shall be paid by the property owner/developer in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit.

Finding: Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the final EIR. These changes are identified in the form of the mitigation measures presented above. The City of Menifee hereby finds that implementation of the mitigation measures is feasible, and they are therefore adopted. Therefore, Impact 5.16-1 would be less than significant. ______City of Menifee General Plan - 58 - CEQA Findings of Fact December 2013 D. SIGNIFICANT UNAVOIDABLE IMPACTS

The following summary describes the unavoidable impacts of the proposed project where mitigation measures were found to be infeasible, or they would not reduce impacts to less than significant. The following impact would remain significant and unavoidable:

AGRICULTURE AND FORESTRY RESOURCES

Impact 5.2-1 The proposed project would convert 162 acres of prime farmland, 218 acres of farmland of statewide importance, and 142 acres of unique farmland to nonagricultural use.

Support for this environmental impact conclusion is fully discussed starting on page 5.2-12 of Section 5.2, Agriculture and Forestry Resources, of the DEIR.

The proposed General Plan would result in the conversion of 522 acres of designated Prime Farmland, Farmland of Statewide Importance, and Unique Farmland to a nonagricultural use (162 acres of Prime Farmland, 218 acres of Farmland of Statewide Importance, and 142 acres of Unique Farmland). The City does not have any prohibitions that prevent the transition of agricultural land uses to urban land uses.

The City is focusing on developing land in an economically productive way that would serve the growing population. Thus, Menifee’s future development emphasizes mixed-use, commercial, industrial, and residential projects rather than supporting the continuation of agricultural uses, which are becoming less viable economically. Considering the small size of the areas mapped as farmland and the economic and regulatory constraints on agriculture in western Riverside County, along with the currently approved Specific Plans and individual projects, some of these properties would not be available for agricultural use, and it is unlikely that any of these areas would remain in agricultural production even without adoption of the Menifee General Plan. However, there are state-designated farmlands in Menifee, and implementation of the proposed Menifee Land Use Plan would convert 522 acres of existing state-designated farmland to urban development and would ultimately convert all existing Prime Farmland, Farmland of Statewide Importance, and Unique Farmland within the City to nonagricultural uses. Development and implementation of the General Plan would convert existing state-designated farmlands to nonagricultural use; therefore, impacts are considered significant.

There is no mapped Prime Farmland, Unique Farmland, or Farmland of Statewide Importance in the Expanded EDC area. Under the Expanded EDC Scenario, impacts would be the same as for buildout of the proposed.

Mitigation Measures

No feasible mitigation measures are available.

Although the Riverside County General Plan Final EIR originally required mitigation that would establish an Agricultural Mitigation Land Bank, shortly after EIR certification a CEQA decision by the California Court of Appeal held that a mitigation measure of this nature does not actually avoid or reduce the loss of farmland subject to development (Friends of the Kangaroo Rat v. California Department of Corrections [August 18, 2003] Fifth Appellate District Number F040956). Therefore, the Agricultural Land Mitigation Bank was not a valid form of mitigation ______City of Menifee General Plan - 59 - CEQA Findings of Fact December 2013 for farmland conversion impacts. Accordingly, the County of Riverside deleted the EIR Mitigation Measure and found farmland conversion impacts significant and unavoidable. Since then, two other California appellate courts have issued conflicting rulings on whether preservation of offsite farmland mitigates conversion of farmland on a project site to nonagricultural uses. The three rulings are unpublished and are not legal precedents, but do include arguments that might be used in future legislation or court opinions on this topic. One of the rulings, County of Santa Cruz v. City of San Jose (2003; WL No. 1566913) by the Sixth District Appellate Court, found that preservation of offsite farmland does not mitigate conversion of farmland by a project because it does not create new farmland or offset the loss of farmland due to the project. The other ruling, South County Citizens for Responsible Growth v. City of Elk Grove (2004; WL No. 219789) by the Third District Court, disagreed with the earlier two rulings. The last ruling stated that conservation fees can mitigate for the loss of agricultural lands by diminishing development pressures due to the conversion of farmland and reducing the domino effect created by projects. The question of whether offsite preservation of farmland mitigates conversion of farmland to nonagricultural uses has yet to be settled by the courts or the legislature.

Considering the economic and regulatory constraints on the viability of agriculture in western Riverside County, it is also uncertain whether offsite mitigation within western Riverside County would be effective as a long-term mitigation strategy. Given this uncertainty of the permissibility of this method of mitigation, no offsite mitigation is required here for conversion of farmland to nonagricultural uses. Similar to the County of Riverside finding, the conversion of farmland in Menifee is considered a significant and unavoidable impact of the General Plan project.

Finding: The City of Menifee hereby finds that no mitigation measures are available that would reduce impacts associated with converting 522 acres of mapped farmland to urban development to less than significant level. Impacts would be Significant and Unavoidable, and a Statement of Overriding Considerations is required.

Impact 5.2-2 General Plan land use designations would conflict with existing agricultural zoning.

Support for this environmental impact conclusion is fully discussed starting on page 5.2-13 of Section 5.2-14, Agriculture and Forestry Resources, of the DEIR.

Six percent of the land area in Menifee is used for agricultural purposes, and those plus several more areas of the City are currently zoned for agricultural uses. The Menifee zoning code includes six separate designations specifically for agricultural land; the General Plan only includes one agriculture land use designation (Agriculture (AG)). The zoning code would remain as is for some time after adoption of the General Plan, which changes designations for all but one parcel of agricultural land (dairy/livestock feedyard along eastern edge of city just south of Newport Road). This would create conflicts between the zoning code and the General Plan land use designations on all but one parcel until the zoning code is updated. The Expanded EDC scenario would not change the acreage on which proposed General Plan land use designations would conflict with existing zoning.

The proposed General Plan would designate the 77 acres of existing Williamson Act Contracts for EDC development. Agricultural uses are not listed as permitted uses in the EDC Designation. All Williamson Act contracts in the City went into nonrenewal status in 2007, so their contracts will expire on January 1, 2017. Buildout of the General Plan is not anticipated for 40 or more years; therefore, development of the parcels subject to Williamson Act contracts in accord with ______City of Menifee General Plan - 60 - CEQA Findings of Fact December 2013 the proposed EDC designation would not require termination of the contracts before their scheduled expiration date and would not conflict with those contracts. No Williamson Act Contracts impacts would occur; however, because there is agricultural zoning conflicts, this impact is considered significant. No Williamson Act contracts are in effect on the additional land that would be designated EDC in the Expanded EDC scenario. Under the Expanded EDC Scenario, impacts would be the same.

Mitigation Measures

No feasible mitigation measures are available.

See Impact 5.2-1 for full discussion of feasible mitigation. Mitigation measures, such as Agricultural Land Mitigation Bank, preservation of offsite farmland, and conservation fees currently are not considered feasible mitigation for the loss of agricultural lands. Given the lack of currently permissible mitigation, no offsite mitigation is feasible. Similar to the County of Riverside finding, the conversion of farmland in Menifee is considered a significant and unavoidable impact of the General Plan project.

Finding: The City of Menifee hereby finds that no mitigation measures are available that would reduce impacts associated with agricultural zoning to less than significant level. Impacts would be Significant and Unavoidable, and a Statement of Overriding Considerations is required.

Impact 5.2-4 The General Plan would result in the conversion of farmland to nonagricultural uses.

Support for this environmental impact conclusion is fully discussed starting on page 5.2-14 of Section 5.2-14, Agriculture and Forestry Resources, of the DEIR.

Areas of Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and Farmland of Local Importance abut the City of Menifee along the north, east, and south boundaries. General Plan buildout would develop most of the City of Menifee as described in Chapter 4, Project Description. General Plan buildout would place developed urban land uses closer to mapped farmland. Environmental impacts of farming, such as odors, noise, and water and air pollution, would affect future residents of the City near farmland. General Plan buildout would also likely contribute to increases in the cost of land in and next to Menifee. Such potential conflicts between agricultural and urban land uses would add to pressures on owners of agricultural land to sell and/or convert the land to nonagricultural uses. Potential conversion of farmland adjacent to the City boundary would be a significant impact.

Under the Expanded EDC Scenario, impacts would be the same.

Mitigation Measures

No feasible mitigation measures are available.

See Impact 5.2-1 for full discussion of feasible mitigation. Mitigation measures, such as Agricultural Land Mitigation Bank, preservation of offsite farmland, and conservation fees currently are not considered feasible mitigation for the loss of agricultural lands. Given the lack of currently permissible mitigation, no offsite mitigation is feasible. Similar to the County of

______City of Menifee General Plan - 61 - CEQA Findings of Fact December 2013 Riverside finding, the conversion of farmland in Menifee is considered a significant and unavoidable impact of the General Plan project.

Finding: The City of Menifee finds that there is no feasible mitigation to reduce impacts from converting farmland to nonagricultural uses in the City. Impact associated with converting agricultural resources to nonagricultural uses would be Significant and Unavoidable, and a Statement of Overriding Considerations is required.

AIR QUALITY

Impact 5.3-1 The General Plan would be inconsistent with SCAQMD’s AQMP because buildout of the Land Use Plan would cumulatively contribute to the nonattainment designations of the SoCAB and the AQMP does not account for emissions associated with buildout of the General Plan post Year 2035.

Support for this environmental impact conclusion is fully discussed starting on page 5.3-14 of Section 5.3, Air Quality, of the DEIR. CEQA requires that General Plans be evaluated for consistency with the regional air quality management plan (AQMP). There are two key indicators of consistency:

Indicator 1

The South Coast Air Basin (SoCAB) is designated nonattainment for O3, PM2.5, PM10, and lead (Los Angeles County only) under the California and National ambient air quality standards (AAQS) and nonattainment for NO2 under the California AAQS. Because the proposed project involves long-term growth (2035 and post-2035 scenarios) associated with buildout of the City of Menifee, cumulative emissions generated by construction and operation of individual development projects would exceed the South Coast Air Quality Management District (SCAQMD) regional and localized thresholds. Consequently, emissions generated by development projects in addition to existing sources within the City are considered to cumulatively contribute to the nonattainment designations of the SoCAB. Buildout of the General Plan would therefore contribute to an increase in frequency or severity of air quality violations and delay attainment of the AAQS or interim emission reductions in the AQMP, and emissions generated from buildout of the General Plan would result in a significant air quality impact. The proposed project would not be consistent with the AQMP under the first indicator.

Indicator 2

The land use designations in the General Plan form, in part, the foundation for the emissions inventory for the SoCAB in the AQMP. The AQMP is based on projections in population, employment, and vehicle miles traveled in the SoCAB region projected by SCAG. Although the 2012 RTP/SCS and SCAQMD’s 2012 AQMP consider growth in the City of Menifee, the City is projected to have less population (and housing) and more employment. It should be noted that the growth projections in SCAG’s 2012 RTP/SCS and associated emissions inventory in SCAQMD’s AQMP do not include the additional growth forecast in the General Plan for the post-2035 scenarios since there is no schedule for when this development would occur. Consequently, the 2012 AQMP also does not consider the additional emissions associated with the full buildout of the General Plan in the Post-2035 scenarios. Once the General Plan is adopted, SCAG will incorporate the revised growth projections associated with the land uses identified in the City of Menifee General Plan in their regional planning projections, and the General Plan would be

______City of Menifee General Plan - 62 - CEQA Findings of Fact December 2013 consistent with the future update of the AQMP. However, since full buildout associated with the General Plan is not currently included in the emissions inventory for the SoCAB, impacts associated with the second indicator are also considered potentially significant.

The proposed project would not be consistent with the AQMP because air pollutant emissions associated with buildout of the City of Menifee would cumulatively contribute to the nonattainment designations in the SoCAB. Furthermore, additional control measures to attain AAQS for growth beyond 2035 associated with buildout of the General Plan is not included in the current regional emissions inventory for the SoCAB. Therefore, the proposed project would be considered inconsistent with the AQMP, resulting in a significant impact in this regard.

Impacts would be the same under the Expanded EDC Scenario.

Mitigation Measure

3-1 If, during subsequent project-level environmental review, construction-related criteria air pollutants are determined to have the potential to exceed the South Coast Air Quality Management District (SCAQMD) adopted thresholds of significance, the City of Menifee Community Development Director or designee shall require that applicants for new development projects incorporate mitigation measures as identified in the CEQA document prepared for the project to reduce air pollutant emissions during construction activities. Mitigation measures that may be identified during the environmental review include, but are not limited to:

• Requiring fugitive dust control measures that exceed SCAQMD’s Rule 403, such as:

o Requiring use of nontoxic soil stabilizers to reduce wind erosion.

o Applying water every four hours to active soil-disturbing activities.

o Tarping and/or maintaining a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials.

• Using construction equipment rated by the United States Environmental Protection Agency as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emission limits, applicable for engines between 50 and 750 horsepower.

• Ensuring construction equipment is properly serviced and maintained to the manufacturer’s standards.

• Limiting nonessential idling of construction equipment to no more than five consecutive minutes.

• Using Super-Compliant VOC paints for coating of architectural surfaces whenever possible. A list of Super-Compliant architectural coating manufactures can be found on the SCAQMD’s website at: http://www.aqmd.gov/prdas/brochures/Super- Compliant_AIM.pdf.

Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the final EIR. These changes are identified in the form of Mitigation Measure 3-1. The City of Menifee hereby finds that implementation of Mitigation Measure 3-1 is feasible, and it is therefore adopted. ______City of Menifee General Plan - 63 - CEQA Findings of Fact December 2013 However, after implementation of Mitigation Measure 3-1, significant AQMP inconsistency impacts would still occur. Therefore, Impact 5.3-1 would remain Significant and Unavoidable, and a Statement of Overriding Considerations is required.

Impact 5.3-2 Construction activities associated with future projects pursuant to the General Plan would generate short-term emissions that could exceed SCAQMD’s regional and localized significance thresholds and would cumulatively contribute to the nonattainment designations of the SoCAB.

Support for this environmental impact conclusion is fully discussed starting on page 5.3-16 of Section 5.3, Air Quality, of the DEIR.

Construction activities associated with development anticipated under the General Plan would occur over the buildout horizon (post-2035) of the General Plan and cause short-term emissions of criteria air pollutants. The primary source of NOx, CO, and SOx emissions is the operation of construction equipment. The primary sources of particulate matter (PM10 and PM2.5) emissions include activities that disturb the soil (such as grading and excavation road construction, and building demolition and construction) and construction equipment exhaust. Construction equipment exhaust is also a source of diesel particulate matter (DPM). The primary source of VOC emissions is the application of architectural coating and off-gas emissions associated with asphalt paving.

Information regarding specific development projects, soil types, and the locations of receptors would be needed in order to quantify the level of impact associated with construction activity. Due to the scale of development activity associated with buildout of the General Plan, emissions would likely exceed the SCAQMD regional significance thresholds and therefore, in accordance with the SCAQMD methodology, would cumulatively contribute to the nonattainment designations of the SoCAB. The SoCAB is designated nonattainment for O3 and particulate matter (PM10 and PM2.5). Emissions of VOC and NOx are precursors to the formation of O3. In addition, NOx is a precursor to the formation of particulate matter (PM10 and PM2.5). Therefore, the proposed project would cumulatively contribute to the nonattainment designations of the SoCAB for O3, NO2, and particulate matter (PM10 and PM2.5).

Air quality emissions related to construction must be addressed on a project-by-project basis. For this broad-based General Plan, it is not possible to determine whether the scale and phasing of individual projects would result in the exceedance of SCAQMD's short-term regional or localized construction emissions thresholds. An estimate of construction emissions is included in the operational phase regional criteria air pollutant emissions inventory in Impact 5.3-3 below. In addition to regulatory measures (e.g., SCAQMD Rule 201, Rule 403, Rule 1113, Rule 1403, and CARB Rule 2840), mitigation may include extension of construction schedules and/or use of special equipment. Nevertheless, because of the likely scale and extent of construction activities pursuant to the future development anticipated under the General Plan, at least some projects would likely continue to exceed the relevant SCAQMD thresholds. Consequently, construction- related air quality impacts associated with development in accordance with the General Plan are deemed to be significant. Impacts would be the same under the Expanded EDC Scenario.

Mitigation Measure

Implementation of Mitigation Measure 3-1.

______City of Menifee General Plan - 64 - CEQA Findings of Fact December 2013 Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the final EIR. These changes are identified in the form of Mitigation Measure 3-1. The City of Menifee hereby finds that implementation of Mitigation Measure 3-1 is feasible, and it is therefore adopted.

However, after implementation of Mitigation Measure 3-1, significant construction air quality impacts would still occur. Therefore, Impact 5.3-2 would remain Significant and Unavoidable, and a Statement of Overriding Considerations is required.

Impact 5.3-3 Buildout in accordance with the General Plan would generate long-term emissions that would exceed SCAQMD’s regional significance thresholds and cumulatively contribute to the nonattainment designations of the SoCAB.

Support for this environmental impact conclusion is fully discussed starting on page 5.3-17 of Section 5.3, Air Quality, of the DEIR.

New development would increase air pollutant emissions in the City and contribute to the overall emissions inventory in the SoCAB. The City of Menifee includes several permitted sources of air pollution that are regulated by SCAQMD. For these permitted sources, it is assumed no changes would occur to these facilities as part of the General Plan. Buildout of the General Plan (Post- 2035 scenarios) would result in an increase in land use intensity in the City.

Implementation of the proposed General Plan would result in an increase in criteria air pollutant emissions from existing conditions. This increase is based on the difference between existing land uses and land uses associated with horizon year 2035 based on SCAG projections, buildout of the proposed General Plan, and the proposed General Plan with Expanded EDC scenario in addition to an estimate of population employment in the City post-year 2035.

Mitigation Measure

Implementation of Mitigation Measure 3-1.

Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect as identified in the final EIR. These changes are identified in the form of Mitigation Measure 3-1. The City of Menifee hereby finds that implementation of the mitigation measure above is feasible, and it is therefore adopted.

However, after implementation of Mitigation Measure 3-1, significant long-term operational air quality impacts would still occur. Therefore, Impact 5.3-3 would remain Significant and Unavoidable, and a Statement of Overriding Considerations is required.

Impact 5.3-5 Operation of new stationary/area sources and truck idling within the City of Menifee from buildout of the General Plan could expose sensitive receptors to substantial toxic air contaminant concentrations.

Support for this environmental impact conclusion is fully discussed starting on page 5.3-20 of Section 5.3, Air Quality, of the DEIR.

______City of Menifee General Plan - 65 - CEQA Findings of Fact December 2013 Operation of new land uses, consistent with the Land Use Plan of the General Plan, would generate new sources of criteria air pollutants and toxic air contaminants within the City from stationary sources and mobile sources.

Toxic Air Contaminants

Various industrial and commercial processes (e.g., manufacturing, dry cleaning) allowed under the proposed General Plan would be expected to release TACs. Emissions of TACs would be controlled by SCAQMD through permitting and would be subject to further study and health risk assessment prior to the issuance of any necessary air quality permits under SCAQMD Rule 1401. Because the nature of those emissions cannot be determined at this time and they are subject to further regulation and permitting, they will not be addressed further in this analysis but are considered a potentially significant impact of the proposed General Plan.

In addition to stationary/area sources of TACs, warehousing operations could generate a substantial amount of diesel particulate matter emissions from off-road equipment use and truck idling. DPM accounts for approximately 84 percent of the excess cancer risk in the SoCAB. New land uses in the City that use trucks, including trucks with transport refrigeration units, could generate an increase in DPM that would contribute to cancer and noncancer health risk in the SoCAB. These new land uses could be proximate to existing sensitive receptors within and outside the City of Menifee. In addition, trucks would travel on regional transportation routes through the SoCAB, contributing to near-roadway DPM concentrations. This is considered a significant impact of the project.

Impacts would be the same for the Expanded EDC Scenario.

Mitigation Measure

3-3 New industrial or warehousing land uses that 1) have the potential to generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel-powered transport refrigeration units (TRUs), and 2) are located within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use, shall submit a health risk assessment (HRA) to the City of Menifee Community Development Department prior to future discretionary project approval. The HRA shall be prepared in accordance with policies and procedures of the state Office of Environmental Health Hazard Assessment and the South Coast Air Quality Management District. If the HRA shows that the incremental cancer risk exceeds ten in a million (10E-06), the appropriate noncancer hazard index exceeds 1.0, or if the PM10 or PM2.5 ambient air quality standard increment exceeds 2.5 µg/m3 the applicant will be required to identify and demonstrate that Best Available Control Technologies for Toxics (T-BACTs) are capable of reducing potential cancer and noncancer risks to an acceptable level, including appropriate enforcement mechanisms. T-BACTs may include, but are not limited to, restricting idling onsite or electrifying warehousing docks to reduce diesel particulate matter, or requiring use of newer equipment and/or vehicles. T-BACTs identified in the HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan.

______City of Menifee General Plan - 66 - CEQA Findings of Fact December 2013 Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the final EIR. These changes are identified in the form of m Mitigation Measure 3-3. The City of Menifee hereby finds that implementation of Mitigation Measure 3-3 is feasible, and it is therefore adopted.

However, after implementation of Mitigation Measure 3-3, significant incremental health risk impacts on sensitive receptors would still occur due to new stationary sources and truck idling from individual projects. Therefore, Impact 5.3-5 would remain Significant and Unavoidable, and a Statement of Overriding Considerations is required.

GREENHOUSE GAS EMISSIONS

Impact 5.7-1 Buildout of the proposed General Plan would result in an increase in GHG emissions compared to existing conditions and would neither meet the AB 32 reduction target nor achieve the long-term GHG reductions goals under Executive Order S-03-05.

Support for this environmental impact conclusion is fully discussed starting on page 5.7-15 of Section 5.7, Greenhouse Gas Emissions, of the DEIR.

Buildout of the City of Menifee would contribute to GHG emissions impacts through direct and indirect GHG emissions. GHG emissions inventories are provided for the following scenarios: AB 32 horizon year 2020, horizon year 2035, buildout of the proposed General Plan in post-2035, and buildout of the proposed General Plan with the Expanded EDC in post-2035.

2020: AB 32 Target Year, Community-Wide GHG Inventory

For 2020, the reduction measures would reduce GHG emissions by 291,050 metric tons of CO2 equivalent (MTCO2e) compared to BAU (26 percent reduction in GHG emissions). Compared to the City’s 2010 emissions inventory, the City will experience a decrease of 65,120 MTCO2e emissions (7 percent reduction in GHG emissions from 2010 conditions). Consequently, GHG emissions within the City would decrease as a result of GHG reduction measures implemented by the federal, state, regional, and local agencies. The project would not generate a substantial increase in GHG emissions in the short-term.

Consistency with AB 32 Target

AB 32 set a target of achieving 1990 levels of GHG emissions by 2020. The per service population emissions for year 2020 in the City would not meet the SCAQMD efficiency threshold of 6.6 MTCO2e/year/service population (SP). Therefore, GHG impacts would not be consistent with the GHG reduction goals under AB 32.

2035: SCAG Forecast Year

For 2035, the reduction measures would reduce GHG emissions by 411,710 MTCO2e compared to BAU (32 percent reduction in GHG emissions). Compared to the City’s 2010 emissions inventory, the City would experience a decrease of 25,000 MTCO2e emissions (3 percent reduction in GHG emissions from 2010 conditions). Therefore, GHG emissions within the City would decrease as a result of GHG reduction measures implemented by the federal, state, and regional agencies. The project would not generate a substantial increase in GHG emissions. ______City of Menifee General Plan - 67 - CEQA Findings of Fact December 2013 Consistency with the Long-Term Goal of Executive Order S-03-05

Executive Order S-03-05 identified a long-term goal of reducing GHG emissions to 80 percent of 1990 levels by 2050. CARB is currently updating the Scoping Plan to identify additional measures to achieve the long-term GHG reduction targets. At this time, there is no plan past 2020 that achieves the long-term GHG reduction goal established under S-03-05. As identified by the California Council on Science and Technology, the state cannot meet the 2050 goal without major advancements in technology. The community-wide GHG emissions with reduction measures incorporated in the City would not meet the efficiency threshold of 4.0 MTCO2e/year/SP, which assumes progress toward the long-term goal of reducing GHG emissions to 80 percent of 1990 levels by 2050. Therefore, GHG impacts within the City of Menifee from the short-term growth under the proposed General Plan would not achieve the long- term GHG reductions goals under Executive Order S-03-05 and would cumulatively contribute to the long-term GHG emissions in the state.

Post-2035: Full Buildout of the General Plan Community-Wide GHG Inventory

Full buildout of the land uses within the City as proposed under the General Plan is likely not to occur within the 20-year planning horizon projected by the SCAG forecast. The Scoping Plan and local measures would result in a reduction of 580,270 MTCO2e emissions (31 percent reduction) beyond year 2035 compared to BAU. However, buildout of the proposed General Plan would result in an increase of 379,300 MTCO2e of GHG emissions (37 percent increase in GHG emissions) from existing conditions. Consequently, the proposed project would generate a substantial increase in GHG emissions within the City.

Consistency with the Long-Term Goal of Executive Order S-03-05

The community-wide GHG emissions with reduction measures incorporated in the City under full buildout of the proposed General Plan would not meet the efficiency threshold of 4.0 MTCO2e/year/SP. As stated, this efficiency threshold assumes progress toward meeting the long- term goal of reducing GHG emissions to 80 percent of 1990 levels by 2050 set forth under Executive Order S-03-05. Also as stated, there is currently no plan past 2020 that would achieve the long-term GHG reduction goal established under S-03-05 and major advancements in technology would be required to meet the 2050 target. Therefore, GHG impacts within the City of Menifee from full buildout of the proposed General Plan would not achieve the long-term GHG reductions goals under Executive Order S-03-05 and would cumulatively contribute to the long- term GHG emissions in the state.

Post-2035 with Expanded EDC: Full Buildout of the General Plan Community-Wide GHG Inventory

This alternative to the proposed General Plan would expand the Economic Development Corridor (EDC). Similar to the proposed General Plan, full buildout of this alternative is likely not to occur within the 20-year planning horizon projected by SCAG. Similar to the proposed General Plan buildout scenario, the inventory with reduction measures incorporated for this scenario includes reductions from federal, state, and local measures. The Scoping Plan and local measures would result in a reduction of 615,390 MTCO2e of GHG emissions (32 percent reduction) beyond year 2035 compared to BAU. However, buildout of the proposed General Plan with Expanded EDC would result in an increase of 446,640 MTCO2e of GHG emissions (43 percent increase in GHG emissions) from existing conditions. Consequently, the proposed General Plan with Expanded EDC would generate a substantial increase in GHG emissions within the City. ______City of Menifee General Plan - 68 - CEQA Findings of Fact December 2013 Consistency with the Long-Term Goal of Executive Order S-03-05

The community-wide GHG emissions with reduction measures incorporated in the City under full buildout of the proposed General Plan with Expanded EDC would not meet the efficiency threshold of 4.0 MTCO2e/year/SP. As stated, this efficiency threshold assumes progress toward meeting the long-term goal of reducing GHG emissions to 80 percent of 1990 levels by 2050 set under Executive Order S-03-05. Also as stated, there is currently no plan past 2020 that would achieve the long-term GHG reduction goal established under S-03-05, and major advancements in technology would be required to meet the 2050 target. Therefore, GHG impacts within the City of Menifee from full buildout of the proposed General Plan with Expanded EDC would not achieve the long-term GHG reductions goals under Executive Order S-03-05 and would cumulatively contribute to the long-term GHG emissions in the state.

The City of Menifee General Plan includes policies and measures for the City to implement in support of achieving the reduction target of AB 32 and the statewide GHG reduction goal of Executive Order S-03-05. Mitigation Measures

Implementation of Mitigation Measure 3-1 under Air Quality.

Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the final EIR. These changes are identified in the form of Mitigation Measure 3-1. The City of Menifee hereby finds that implementation of the Mitigation Measure 3-1 is feasible, and it is therefore adopted.

However, after implementation of the Mitigation Measure 3-1, significant GHG emissions impacts would still occur. Therefore, Impact 5.7-1 would remain Significant and Unavoidable, and a Statement of Overriding Considerations is required.

NOISE

Impact 5.12-1 Buildout of the proposed Land Use Plan would result in an increase in traffic on local roadways and the I-215 freeway in the City of Menifee, which would substantially increase the existing noise environment.

Support for this environmental impact conclusion is fully discussed starting on page 5.12-18 of Section 5.12, Noise, of the DEIR.

The operational phases of individual projects that result from the proposed Land Use Plan would generate noise from vehicular sources. Future development in accordance with the General Plan would cause increases in traffic along local roadways. The increases would occur due to implementation of the proposed Land Use Plan, implementation of the circulation plan, and regional growth.

Traffic noise increases along roadways in 2035 due to implementation of the proposed Land Use Plan, the implementation of the circulation plan, and regional growth would range from 0.0 to 18.0 dBA CNEL. The highest increase would occur along areas that are least developed, along roadways that would be improved with additional lanes, and connections currently not implemented, bringing substantial pass-by traffic. Similarly, traffic noise increases for post-2035 conditions over existing would range from 0.0 to 18.6 dBA CNEL, and traffic noise increases for post-2035 Expanded EDC scenario over existing would range from 0.0 to 19.1 dBA CNEL. ______City of Menifee General Plan - 69 - CEQA Findings of Fact December 2013 Increases over individual projects associated with buildout of the proposed Land Use Plan would occur over a period of many years, and the increase in noise on an annual basis would not be readily discernible because traffic and noise would increase incrementally. Because substantial cumulative increases in the ambient noise environment would occur at existing uses from buildout of the Proposed Land Use Plan, impacts would be significant.

Mitigation Measure

No feasible mitigation measures are available.

Finding: The City of Menifee hereby finds that no mitigation measures are available that would reduce impacts on the ambient noise environment to a less than significant level. Impacts would be Significant and Unavoidable, and a Statement of Overriding Considerations is required.

TRANSPORTATION AND TRAFFIC

Impact 5.16-2 Traffic volumes at General Plan buildout would exceed with the applicable congestion management plan criteria at three mainline segments of the I- 215.

Support for this environmental impact conclusion is fully discussed starting on page 5.16-49 of Section 5.16, Transportation and Traffic, of the DEIR.

The Congestion Management Program in effect in Riverside County was approved by the RCTC in 2010. All freeways and selected arterial roadways in the county are designated elements of the CMP system of highways and roadways. There are two CMP system roadways in the City, I-215 and SR-74. Traffic impacts to these two roadways that would result from General Plan buildout were analyzed in Impact Statement 5.16-1 in the DEIR. RCTC has adopted a minimum level of service threshold of LOS “E” for CMP facilities.

All segments on SR-74 currently operate and would continue to operate at acceptable LOS E or better. However, three of the study area freeway mainline segments on the I-215 (from McCall Boulevard to south of Scott Road) currently operate and would continue to operate at LOS F at 2035 and Post-2035 conditions. Buildout of the proposed Land Use Plan would result in additional traffic volume that would significantly cumulatively contribute to mainline freeway segment impacts. According to the RCTC CMP plan, when a deficiency is identified, a deficiency plan must be prepared by the local agency (in this case Caltrans). Other agencies identified as contributors to the deficiency, which include the City of Menifee and the County of Riverside, are also required to coordinate with the development of the plan. The plan must contain mitigation measures, including consideration of Transportation Demand Management strategies and transit alternatives, and a schedule for mitigating deficiency. Without specific policies requiring the City to contribute to the deficiency plan, this would be a significant impact. Implementation of Mitigation Measures 16-3 would reduce impacts but not to less than significant.

Mitigation Measure

16-3 The City of Menifee shall contribute to the preparation of the deficiency plan, which will consider mitigation measures, including Transportation Demand Management (TDM) strategies and transit alternatives, and a schedule for mitigating deficiency to reduce impacts at the I-215 mainline segments. Once the need for improvements has been identified by Caltrans for a particular freeway mainline segment and a program for ______City of Menifee General Plan - 70 - CEQA Findings of Fact December 2013 implementing the required improvements has been developed, the City will coordinate with Caltrans, as appropriate. Contributions may be in the form of developer fees, freeway improvements, development in lieu of fees, state or federal funds, or other programs, as appropriate. Contributions required of individual development projects will be determined on a project-by-project basis at the time of development application review and will be based on a traffic analysis undertaken for individual development project applicants

Finding: Changes or alterations have been required in or incorporated into the project that avoid or substantially lessen the significant environmental effect identified in the final EIR. These changes are identified in the form of Mitigation Measure 16-3. The City of Menifee hereby finds that implementation of Mitigation Measure 16-3 is feasible, and it is therefore adopted.

However, the above impacted areas are within the responsibility and jurisdiction of another public agency (County of Riverside and Caltrans) and not the agency making the finding (City of Menifee); therefore, the City cannot guarantee completion of the measures. Significant traffic impacts on the I-215 freeway mainline segments would remain until measures are implemented. Therefore, Impact 5.16-2 is considered Significant and Unavoidable, and a Statement of Overriding Considerations is required.

E. FINDINGS ON GROWTH-INDUCING IMPACTS AND SIGNIFICANT IRREVERSIBLE EFFECTS

Growth-Inducing Impacts of the Proposed Project

Pursuant to Sections 15126(d) and 15126.2(d) of the CEQA Guidelines, this section is provided to examine ways in which the proposed General Plan could foster economic or population growth or the construction of additional housing, either directly or indirectly, in the surrounding environment. Also required is an assessment of other projects that would foster activities that could affect the environment, individually or cumulatively. Based on the analysis in the FEIR, the proposed project would have the following growth-inducing impacts:

. General Plan buildout would require construction of paved roadways in areas of the City where paved roadways are currently sparse, and extension of water mains, sewer mains, natural gas transmission pipelines, and electricity distribution lines where such infrastructure does not currently exist.

. The purpose of General Plan is to guide growth and development in the community and provide a framework in which the growth can be managed and tailored to suit the needs of the community and the surrounding area. Approval of the General Plan would allow future development of the City through a system of land use designations. The General Plan buildout would result in a population of up to 158,942 people, 83,200 jobs, and 63,754 housing units; therefore, the General Plan would be considered to be growth inducing, although the project would merely accommodate growth based on market conditions.

. As the City of Menifee continues to develop, it would require further commitment of public services in the form of fire protection, police protection, schools, parks, and other public facilities. An increase in development in the City would require an increased commitment to public services in order to maintain a desired level of service, and that would be considered a long-term commitment. ______City of Menifee General Plan - 71 - CEQA Findings of Fact December 2013 . The General Plan is premised on a significant amount of growth occurring. During implementation of the General Plan, a number of temporary jobs would be created during each project’s construction. This would be a direct, growth-inducing effect of this project. As the population grows and occupies new dwelling units, these residents would seek shopping, entertainment, employment, home improvement, auto maintenance, and other economic opportunities in the surrounding area. This would facilitate economic goods and services and could, therefore, encourage the creation of new businesses and/or the expansion of existing businesses to address these economic needs. However, the proposed project would also provide for new office, commercial, and industrial development. These new uses are intended to serve the shopping needs of the future residents and would generate additional employment opportunities.

Although adoption of a General Plan may be considered a precedent-setting action, the impacts of subsequent similar actions would require environmental analysis and associated mitigation to ensure that such subsequent impacts would not significantly affect the environment. The General Plan would not significantly induce growth, but the increases to the area’s employment and housing bases would help accommodate future growth in the City of Menifee based on market conditions. Approval of the proposed General Plan would not encourage and facilitate other activities that could significantly affect the environment. Cities and counties in California periodically update their General Plans pursuant to California Government Code Sections 65300 et seq.

Significant Irreversible Effects of the Proposed Project

Section 15126.2(c) of the CEQA Guidelines requires that an Environmental Impact Report (EIR) describe any significant irreversible environmental changes that would be caused by the proposed project should it be implemented.

Approval of the proposed General Plan would not directly cause any significant and irreversible changes. However, implementation of the General Plan would involve development of about 9,790 acres in the City with a mix of residential, commercial, industrial, institutional, and parks and recreation uses. The significant irreversible changes due to the proposed project are:

. Future development would involve construction activities that entail the commitment of nonrenewable and/or slowly renewable energy resources, including gasoline, diesel fuel, and electricity; human resources; and natural resources such as lumber and other forest products, sand and gravel, asphalt, steel, copper, lead, other metals, and water.

. An increased commitment of social services and public maintenance services (e.g., police, fire, and sewer and water services) would also be required. The energy and social service commitments would be long-term obligations in view of the low likelihood of returning the land to its original condition once it has been developed.

. Population growth related to project implementation would increase vehicle trips over the long term. Emissions associated with such vehicle trips would continue to contribute to the South Coast Air Basin’s nonattainment designation for ozone and particulate matter (PM10 and PM2.5).

. Implementation of the General Plan would permanently convert agricultural lands that are designated Prime Farmland, Farmland of Statewide Importance, and Unique Farmland, to nonagricultural uses. Loss of agricultural land onsite would be a long-term ______City of Menifee General Plan - 72 - CEQA Findings of Fact December 2013 irreversible commitment of land, since it is improbable that the land would return to its original condition once it was developed.

. Future development of the proposed project is a long-term irreversible commitment of vacant parcels of land or redevelopment of existing developed land in the City of Menifee.

F. FINDINGS ON PROJECT ALTERNATIVES

1. ALTERNATIVES CONSIDERED AND REJECTED DURING THE SCOPING/PROJECT PLANNING PROCESS

The following is a discussion of the alternatives considered during the scoping and planning process and the reasons why they were not selected for detailed analysis in the DEIR.

New Development Area Alternative

CEQA requires that the discussion of alternatives focus on alternatives to the project or its location that are capable of avoiding or substantially lessening any significant effects of the project. The key question and first step in the analysis is whether any of the significant effects of the project would be avoided or reduced by putting the project in another location. Only locations that would avoid or substantially lessen any of the significant effects of the project need be considered for inclusion in the EIR (Guidelines Sec. 15126[5][B][1]). The proposed project is a General Plan for the City of Menifee. The General Plan is specific to the City and its jurisdiction; it is also specific to the natural, social, and cultural environments within the City. Therefore, an alternative development area for the proposed project is not possible. The City does not have jurisdiction over areas outside of its boundaries and cannot impose General Plan policies on such areas. Therefore, no alternative development areas were considered.

Revised Designation Alternative

This alternative would affect a small portion of the City, less than 0.2 percent. A revised Small Estate land use designation was proposed on 50 acres of land along south side of Mapes Road at the north border of the City. As proposed in the General Plan, this area is designated Rural Residential 1 acre minimum (RR1). This alternative would designate this land Rural Residential 1/2 acre minimum (RR1/2). CEQA requires that project alternatives avoid or substantially lessen significant effects of the project. Because this alternative would result in such a small change in the General Plan, it would not affect the significance of any of the environmental impacts of the overall project. As a result, this alternative has been rejected from further consideration.

No Growth/No Development Alternative

The No Project/No Development Alternative would prohibit all new development, restricting urban growth to its current extent. No alterations to the City would occur (with the exception of previously approved or entitled development); all existing residential, commercial, office, industrial, public facilities, agriculture and open space, along with utilities and roadways would generally remain in their current condition. As of May 2011 there were 53 projects approved by the City or County or both, ranging from small commercial buildings (equipment rentals and sprinkler supply) to large residential communities (Audie Murphy Ranch). So even without a General Plan, residential and nonresidential growth would occur within the City. A significant number of the approved projects are residential, pushing the City farther from a balanced ______City of Menifee General Plan - 73 - CEQA Findings of Fact December 2013 job/housing ratio. Implementation of this alternative would not provide adequate housing supply required to meet the City’s obligations to provide its fair share of affordable housing. In addition, development under this alternative would not expand mixed-use development and would not improve the jobs/housing balance of the city, and would not reduce the number of vehicle miles traveled (VMT) in the South Coast Air Basin (SoCAB). It should also be noted that this alternative would not achieve any of the objectives established for the project. Finally, the State has mandated that the City adopt a General Plan by 2013. As a result, this alternative has been rejected from further consideration.

Low Growth Alternative

The Low Growth Alternative was proposed to reduce significant and unavoidable impacts to air quality, greenhouse gas emissions, noise, and transportation and traffic. In this alternative, the net increases in residential and nonresidential development potential at General Plan buildout, over existing conditions, are reduced by 50 percent compared to the proposed Land Use Plan. Under this alternative the number of residential units in the City would increase by about 50 percent over existing conditions, to 46,966, and nonresidential square footage would nearly triple, to 32,151,606 square feet. As shown in Table 7-1 of the DEIR (reproduced below), the Low Growth Alternative would not provide as much employment or provide the same benefit to the job/housing balance as the proposed project.

Table 7-1 Low Growth Alternative Compared to Proposed General Plan Existing Proposed Anticipated Low Growth Category Conditions Project Growth Alternative Difference Change Dwelling Units 31,518 63,754 30,895 46,966 -16,789 -26.3% Population 82,292 158,942 76,650 120,617 -38,325 -24.1% Nonresidential - 11,982,509 52,320,703 40,338,194 32,151,606 -38.5% (sq.ft.) 20,169,097 Employment 8,980 100,554 91,574 54,767 -45,787 -45.5% Jobs-Housing 0.289 1.58 1.29 0.94 -0.64 -40.5% Ratio

Finding: These alternatives have been considered but rejected; therefore, no finding is necessary.

2. ALTERNATIVES SELECTED FOR FURTHER ANALYSIS

The following alternatives were determined to represent a reasonable range of alternatives with the potential to feasibly attain most of the basic objectives of the project but avoid or substantially lessen any of the significant effects of the project.

A. No Project/Existing RCIP Alternative

Section 15126.6(e) of the CEQA Guidelines requires that an EIR evaluate and analyze the impacts of the “No-Project” Alternative. When the project is the revision of an existing land use or regulatory plan, policy, or ongoing operation, the no-project alternative is the continuation of the plan, policy, or operation into the future. Therefore, in the No Project/Existing RCIP Alternative, the current Land Use Plan would remain in effect. All proposed changes would not ______City of Menifee General Plan - 74 - CEQA Findings of Fact December 2013 occur, and the existing RCIP land use designations would allow for an increase in residential and decrease in nonresidential development, with a total of 65,467 residential units, 35,349,846 square feet (sf) of nonresidential, and a total population of 197,054 (see DEIR Table 7-3 below). This alternative would not include adoption of the General Plan, including the following elements: Land Use, Circulation, Housing, Open Space and Conservation, Noise, Safety, Community Design, Economic Development.

Table 7-3 No Project / Existing RCIP Alternative Buildout Summary Compared to Proposed General Plan No Project/ Proposed Existing RCIP Category Project Alternative Difference Percent Change Dwelling Units 63,754 65,464 1,710 2.7% Population 158,942 197,055 38,113 24.0% Nonresidential (sf) 52,320,703 35,349,846 -16,970,857 -32.4% Employment 100,554 76,288 -24,266 -24.1% Jobs-to-Housing Ratio 1.58 1.16 -0.42 -26.6%

Finding: The City of Menifee finds, based on the Final EIR and the whole of the record, that the No Project/ Existing RCIP Alternative is less desirable than the Proposed Project and rejects this alternative. Pub. Res. Code § 21081(a)(3); Guidelines §15091(a)(3).

Facts in Support of Finding

. This alternative would meet the project objectives to a lesser degree.

. Impacts of this alternative to air quality and transportation and traffic would be neutral to those of the proposed Land Use Plan although only some of the project objectives would be achieved.

. This alternative would increase impacts on GHG emissions.

. This alternative would not avoid any of the significant and unavoidable impacts.

B. Preserve Agriculture Alternative

Under this alternative, the City would modify the proposed General Plan to prevent the conversion of mapped important farmland land to urban uses. Three categories of important farmland are evaluated under CEQA—Prime Farmland, Farmland of Statewide Importance, and Unique Farmland. The important farmland in the City in 2010 totaled 522 acres, most of which was near the City’s northern and eastern boundaries.

There were 1,572 acres of existing land uses in Menifee in 2010, including 101 acres of dairy use. Preservation of all of the existing agricultural use was not chosen for this alternative because much of the existing agricultural use in the northeastern part of the City is on land already approved for development by the County of Riverside, with nonagricultural land uses under Specific Plan designations, and the City does not have the authority to reverse such approvals due to the executed development agreements. ______City of Menifee General Plan - 75 - CEQA Findings of Fact December 2013 Existing dairy use along the City’s east boundary, which is not included in the 522 acres of mapped important farmland, would remain and would be designated Agriculture (AG) in the proposed General Plan.

One area of prime farmland in the City, 98 acres along the east City boundary and along the south side of McLaughlin Road, is on land already approved for development by the County of Riverside with nonagricultural land uses under Specific Plan designation, and the City does not have the authority to reverse such approval. Thus, this alternative would preserve agricultural uses on 424 acres of mapped important farmland.

The reductions in the numbers of residential units and square feet of nonresidential land uses that would be developed under this alternative, compared to the proposed General Plan, are shown below in Table 7-4 of the DEIR; buildout statistics for the Preserve Agriculture Alternative, compared to the proposed General Plan, are shown below in DEIR Table 7-5.

Table 7-4 Reductions in Residential Units and Square Feet of Nonresidential Land Uses, Preserve Agriculture Alternative General Plan Designation Acres Assumed Density Units/Square Feet Residential Designations 2.1-5R 125 4 units per acre 500 units 5.1-8R 10 6 units per acre 60 units RR1 52 1 unit per acre 52 units Total 612 Units Nonresidential Designations EDC 174 13,000 square feet per 2,262,000 square feet acre AG 5 Not applicable Not applicable

Table 7-5 Preserve Agriculture Alternative Buildout Summary Compared to Proposed General Plan Preserve Agriculture Category Proposed Project Alternative Difference Percent Change Dwelling Units 63,754 63,142 -612 -1.0% Population 158,942 157,416 -1,526 -1.0% Nonresidential (square 52,320,703 50,058,703 -2,262,000 -4.3% feet) Employment 100,554 96,207 -4,3471 -4.3% Jobs-to-Housing Ratio 1.58 1.52 -0.06 -3.2%

Finding: The City of Menifee finds, based on the Final DEIR and the whole of the record, that the Preserve Agriculture Alternative is infeasible and rejects this alternative based on specific economic, legal, social, technological, or other considerations, including provision of ______City of Menifee General Plan - 76 - CEQA Findings of Fact December 2013 employment opportunities for highly trained workers. Pub. Res. Code § 21081(a)(3); Guidelines §15091(a)(3).

Facts in Support of Finding

. This alternative would meet the project objectives to a lesser degree.

. Although this alternative would eliminate the significant and unavoidable impacts to agricultural resources, impacts to air quality, noise, and transportation and traffic would be reduced by this alternative, but would still remain significant and unavoidable.

. GHG emissions impacts would be increased by this alternative and would also be significant and unavoidable.

C. Reduced Intensity Alternative

The Reduced Intensity Alternative is proposed to reduce significant and unavoidable impacts to air quality, greenhouse gas emissions, noise, and transportation and traffic. In this alternative, the net increases in residential and nonresidential development potential at General Plan buildout, compared to existing conditions, are reduced by 25 percent compared to the proposed project (see DEIR Table 7-6). Note that the buildout population of this alternative (119,207 people) would be half the growth anticipated under the proposed General Plan (158,942 people; 51 percent growth). The distribution of land use designations would be the same in this alternative as in the proposed project, but the densities would be reduced.

Table 7-6 Reduced Intensity Alternative Buildout Summary Compared to Proposed General Plan Reduced Existing Proposed Anticipated Intensity Category Condition Project Growth Alternative Difference Change Dwelling 31,518 63,754 32,236 55,695 -8,059 -12.6% Units Population 82,292 158,942 76,650 139,780 -19,163 -12.1% Nonresidential - 11,982,509 52,320,703 52,320,703 42,236,155 -19.3% (sq.ft.) 10,084,549 Employment 8,980 100,554 91,574 77,661 -22,894 -22.8% Jobs-to- 0.289 1.58 1.29 1.26 -0.32 -20.4% Housing Ratio

Finding: The City of Menifee finds, based on the Final DEIR and the whole of the record, that the Reduced Intensity Alternative is less desirable than the proposed project and rejects this alternative based on specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers. Pub. Res. Code § 1081(a)(3); Guidelines §15091(a)(3).

Facts in Support of Finding

. This alternative would meet the project objectives to a lesser degree. ______City of Menifee General Plan - 77 - CEQA Findings of Fact December 2013 . GHG emissions impacts would be increased by this alternative and would also be significant and unavoidable.

. This alternative would reduce impacts to air quality, noise, and transportation and traffic compared to those of the proposed General Plan, but similar levels of mitigation measure incorporation would be required.

. This alternative would not avoid any of the significant and unavoidable impacts.

. This alternative would reduce the City’s ability to reduce per-capita VMT for the region, which is one of the goals of SCAG’s Compass Blueprint for High Quality Transit Areas. Additional jobs-based square footage in the City would reduce VMTs because commuters would not need to travel outside the City to other areas of Orange, San Bernardino, or San Diego counties for employment. Therefore, this alternative would increase VMTs compared to the proposed General Plan and increase regional air quality impacts.

______City of Menifee General Plan - 78 - CEQA Findings of Fact December 2013

CEQA STATEMENT OF OVERRIDING CONSIDERATIONS

FOR THE MENIFEE GENERAL PLAN

FINAL ENVIRONMENTAL IMPACT REPORT

STATE CLEARINGHOUSE NO. 2012071033

Exhibit B

A. BACKGROUND

The California Environmental Quality Act (CEQA) requires decision makers to balance the benefits of the proposed project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered “acceptable” (State CEQA Guidelines Section 15093[a]). CEQA requires the agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are infeasible to mitigate. Such reasons must be based on substantial evidence in the FEIR or elsewhere in the administrative record (State CEQA Guidelines Section 15093 [b]). The agency’s statement is referred to as a Statement of Overriding Considerations.

Pursuant to Public Resources Code Section 21081(b) and the CEQA Guidelines Section 15093, the City of Menifee has balanced the benefits of the proposed project against the following unavoidable adverse impacts associated with the proposed project and has adopted all feasible mitigation measures with respect to these CEQA topics: (1) Agriculture and Forestry Resources, (2) Air Quality, (3) Greenhouse Gas Emissions, (4) Noise, (5) Transportation and Traffic.

Regarding a Statement of Overriding Considerations, Guidelines Section 15093 provides:

(a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable."

(b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record.

(c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. ______City of Menifee General Plan - 1 - CEQA Statement of Overriding Considerations December 2013

The following sections provide a description of each of the project’s significant and unavoidable adverse impacts and the justification for adopting a Statement of Overriding Considerations.

B. SIGNIFICANT AND UNAVOIDABLE ADVERSE IMPACTS

The following adverse impacts of the proposed project are considered significant, unavoidable, and adverse based on the DEIR, FEIR, Mitigation Monitoring and Reporting Program, and the findings discussed in the Findings of Fact.

1. AGRICULTURE AND FORESTRY RESOURCES

Impact 5.2-1 The proposed project would convert 162 acres of prime farmland, 218 acres of farmland of statewide importance, and 142 acres of unique farmland to nonagricultural use.

Support for this environmental impact conclusion is fully discussed starting on page 5.2-12 of Section 5.2, Agriculture and Forestry Resources, of the DEIR.

The proposed General Plan would result in the conversion of 522 acres of designated Prime Farmland, Farmland of Statewide Importance, and Unique Farmland to a nonagricultural use (162 acres of Prime Farmland, 218 acres of Farmland of Statewide Importance, and 142 acres of Unique Farmland). The City does not have any prohibitions that prevent the transition of agricultural land uses to urban land uses.

The City is focusing on developing land in an economically productive way that would serve the growing population. Thus, Menifee’s future development emphasizes mixed-use, commercial, industrial, and residential projects rather than supporting the continuation of agricultural uses, which are becoming less viable economically. Considering the small size of the areas mapped as farmland and the economic and regulatory constraints on agriculture in western Riverside County, along with the currently approved specific plans and individual projects, some of these properties would not be available for agricultural use, and it is unlikely that any of these areas would remain in agricultural production even without adoption of the Menifee General Plan. However, there are state-designated farmlands in Menifee, and implementation of the proposed Menifee Land Use Plan would convert 522 acres of existing state-designated farmland to urban development and would ultimately convert all existing Prime Farmland, Farmland of Statewide Importance, and Unique Farmland within the City to nonagricultural uses. Development and implementation of the General Plan would convert existing state-designated farmlands to nonagricultural use; therefore, impacts are considered significant. Under the Expanded EDC Scenario (proposed optional General Plan scenario analyzed for the CEQA document), impacts would be the same.

There are no feasible mitigation measures to reduce impacts from converting 522 acres of mapped farmland to urban development in the City. This impact would be Significant and Unavoidable.

______City of Menifee General Plan - 2 - CEQA Statement of Overriding Considerations December 2013

Impact 5.2-2 General Plan land use designations would conflict with existing agricultural zoning.

Six percent of the land area in Menifee is used for agricultural purposes, and those plus several more areas of the City are currently zoned for agricultural uses. The Menifee zoning code includes six separate designations specifically for agricultural land; the General Plan only includes one agriculture land use designation (Agriculture (AG)). The zoning code would remain as is for some time after adoption of the General Plan, which changes designations for all but one parcel of agricultural land (dairy/livestock feedyard along eastern edge of City just south of Newport Road). This would create conflicts between the zoning code and the General Plan land use designations on all but one parcel until the zoning code is updated. The Expanded EDC scenario would not change the acreage on which proposed General Plan land use designations would conflict with existing zoning.

The proposed General Plan would designate the 77 acres of existing Williamson Act Contracts for EDC development. Agricultural uses are not listed as permitted uses in the EDC Designation. All Williamson Act contracts in the City went into nonrenewal status in 2007, so their contracts will expire on January 1, 2017. Buildout of the General Plan is not anticipated for 40 or more years; therefore, development of the parcels subject to Williamson Act contracts in accord with the proposed EDC designation would not require termination of the contracts before their scheduled expiration date and would not conflict with those contracts. No Williamson Act Contracts impacts would occur; however, because there is agricultural zoning conflicts, this impact is considered significant. No Williamson Act contracts are in effect on the additional land that would be designated EDC in the Expanded EDC scenario. Under the Expanded EDC Scenario (proposed optional General Plan scenario analyzed for the CEQA document), impacts would be the same.

There are no feasible mitigation measures to reduce impacts from converting agricultural zoning in the City. This impact would be Significant and Unavoidable.

Impact 5.2-4 The General Plan would result in the conversion of farmland to nonagricultural uses.

Areas of Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and Farmland of Local Importance abut the City of Menifee along the north, east, and south boundaries. General Plan buildout would develop most of the City of Menifee as described in Chapter 4 of the DEIR, Project Description. General Plan buildout would place developed urban land uses closer to mapped farmland. Environmental impacts of farming, such as odors, noise, and water and air pollution, would affect future residents of the City near farmland. General Plan buildout would also likely contribute to increases in the cost of land in and next to Menifee. Such potential conflicts between agricultural and urban land uses would add to pressures on owners of agricultural land to sell and/or convert the land to nonagricultural uses. Potential conversion of farmland adjacent to the City boundary would be a significant impact. Under the Expanded EDC Scenario (proposed optional General Plan scenario analyzed for the CEQA document), impacts would be the same. There are no feasible mitigation measures to reduce impacts from converting farmland to nonagricultural uses in the City. This impact would be Significant and Unavoidable.

______City of Menifee General Plan - 3 - CEQA Statement of Overriding Considerations December 2013

2. AIR QUALITY

Impact 5.3-1 The General Plan would be inconsistent with SCAQMD’s AQMP because buildout of the Land Use Plan would cumulatively contribute to the nonattainment designations of the SoCAB, and the AQMP does not account for emissions associated with buildout of the General Plan post–Year 2035.

The SoCAB is designated nonattainment for O3, PM2.5, PM10 and lead (Los Angeles County only) under the California and National AAQS and nonattainment for NO2 under the California AAQS. Because the proposed project involves long-term growth associated with buildout (2035 and post- 2035 scenarios) of the City of Menifee, cumulative emissions generated by construction and operation of individual development projects would exceed the SCAQMD regional and localized thresholds. Consequently, emissions generated by development projects in addition to existing sources within the City are considered to cumulatively contribute to the nonattainment designations of the SoCAB. Buildout of the General Plan would therefore contribute to an increase in frequency or severity of air quality violations and delay attainment of the AAQS or interim emission reductions in the AQMP, and emissions generated from buildout of the General Plan would result in a significant air quality impact. The proposed project would not be consistent with the AQMP.

Although the 2012 RTP/SCS and SCAQMD’s 2012 AQMP consider growth in the City of Menifee, the City is projected to have less population (and housing) and more employment. It should be noted that the growth projections in SCAG’s 2012 RTP/SCS and associated emissions inventory in SCAQMD’s AQMP do not include the additional growth forecast in the General Plan for the post-2035 scenarios, since there is no schedule for when this development would occur. Consequently, the 2012 AQMP also does not consider the additional emissions associated with the full buildout of the General Plan in the post-2035 scenarios. Once the General Plan is adopted, SCAG will incorporate the revised growth projections associated with the land uses identified in the City of Menifee General Plan in their regional planning projections, and the General Plan would be consistent with the future update of the AQMP. However, since full buildout associated with the General Plan is not currently included in the emissions inventory for the SoCAB, impacts are considered potentially significant.

The proposed project would not be consistent with the AQMP because air pollutant emissions associated with buildout of the City of Menifee would cumulatively contribute to the nonattainment designations in the SoCAB. Furthermore, additional control measures to attain AAQS for growth beyond 2035 associated with buildout of the General Plan is not included in the current regional emissions inventory for the SoCAB. Therefore, the proposed project would be considered inconsistent with the AQMP, resulting in a significant impact in this regard.

Under the Expanded EDC Scenario (proposed optional General Plan scenario analyzed for the CEQA document), impacts would be the same. Implementation of Mitigation Measure 3-1would reduce impacts; however, significant AQMP inconsistency impacts would still occur. Therefore, Impact 5.3-1 would remain Significant and Unavoidable.

______City of Menifee General Plan - 4 - CEQA Statement of Overriding Considerations December 2013

Impact 5.3-2 Construction activities associated with future projects pursuant to the General Plan would generate short-term emissions that could exceed SCAQMD’s regional and localized significance thresholds and would cumulatively contribute to the nonattainment designations of the SoCAB.

Construction activities associated with development anticipated under the General Plan would occur over the buildout horizon (post-2035) of the General Plan and cause short-term emissions of criteria air pollutants. The primary source of NOx, CO, and SOx emissions is the operation of construction equipment. The primary sources of particulate matter (PM10 and PM2.5) emissions include activities that disturb the soil (such as grading and excavation, road construction, and building demolition and construction) and construction equipment exhaust. Construction equipment exhaust is also a source of diesel particulate matter. The primary source of VOC emissions is the application of architectural coating and off-gas emissions associated with asphalt paving.

The SoCAB is designated nonattainment for O3 and particulate matter (PM10 and PM2.5). Emissions of VOC and NOx are precursors to the formation of O3. In addition, NOx is a precursor to the formation of particulate matter. Therefore, the proposed project would cumulatively contribute to the nonattainment designations of the SoCAB for O3, NO2, and particulate matter. Due to the scale of development activity associated with full buildout of the General Plan, emissions would likely exceed the SCAQMD regional significance thresholds and therefore, in accordance with the SCAQMD methodology, would cumulatively contribute to the nonattainment designations of the SoCAB. Under the Expanded EDC Scenario (proposed optional General Plan scenario analyzed for the CEQA document), impacts would be the same.

Regulatory measures (e.g., SCAQMD Rule 201, Rule 403, Rule 1113, Rule 1403, and CARB Rule 2840) would reduce impacts. Implementation of the General Plan policies and implementation actions would reduce impacts to the extent feasible. In addition, implementation of Mitigation Measure 3-1 would reduce impacts. However, significant long-term operational air quality impacts would still occur. Therefore, Impact 5.3-3 would remain Significant and Unavoidable.

Impact 5.3-3 Buildout in accordance with the General Plan would generate long-term emissions that would exceed SCAQMD’s regional significance thresholds and cumulatively contribute to the nonattainment designations of the SoCAB.

New development would increase air pollutant emissions in the City and contribute to the overall emissions in the SoCAB. This increase is based on the difference between existing land uses and buildout of the proposed General Plan. Buildout of the General Plan would generate long-term emissions that exceed the daily SCAQMD thresholds for all criteria pollutants except for SO2. Emissions of VOC and NOx are precursors to the formation of O3. In addition, NOx is a precursor to the formation of particulate matter (PM10 and PM2.5). Consequently, emissions of VOC and NOx that exceed the SCAQMD regional significance thresholds would contribute to the O3 nonattainment designation of the SoCAB, and emissions of NOx, PM10, and PM2.5 that exceed the SCAQMD regional significance thresholds would contribute to the particulate matter (PM10 and PM2.5) nonattainment designation of the SoCAB under the national and California AAQS. Therefore, operational-related air quality impacts associated with future development of the proposed General Plan would be significant. Implementation of the General Plan policies and ______City of Menifee General Plan - 5 - CEQA Statement of Overriding Considerations December 2013

implementation actions would reduce impacts to the extent feasible. In addition, implementation of Mitigation Measure 3-1 would reduce impacts; however significant long-term operational air quality impacts would still occur. Therefore, Impact 5.3-3 would remain Significant and Unavoidable.

Impact 5.3-5 Operation of new stationary/area sources and truck idling within the City of Menifee from buildout of the General Plan could expose sensitive receptors to substantial toxic air contaminant concentrations.

Operation of new land uses, consistent with the Land Use Plan of the General Plan, would generate new sources of criteria air pollutants and toxic air contaminants (TACs) within the City from stationary sources and mobile sources.

Toxic Air Contaminants

Various industrial and commercial processes (e.g., manufacturing, dry cleaning) allowed under the proposed General Plan that would be expected to release of TACs would be controlled by SCAQMD through permitting and would be subject to further study and health risk assessment prior to the issuance of any necessary air quality permits under SCAQMD Rule 1401. Because the nature of those emissions cannot be determined at this time and they are subject to further regulation and permitting, they will not be addressed further in this analysis but are considered a potentially significant impact of the proposed General Plan.

In addition to stationary/area sources of TACs, warehousing operations could generate a substantial amount of diesel particulate matter emissions from off-road equipment use and truck idling. DPM accounts for approximately 84 percent of the excess cancer risk in the SoCAB (SCAQMD 2008). New land uses in the City that use trucks, including trucks with transport refrigeration units, could generate an increase in DPM that would contribute to cancer and noncancer health risk in the SoCAB. These new land uses could be proximate to existing sensitive receptors within and outside the City of Menifee. In addition, trucks would travel on regional transportation routes through the SoCAB, contributing to near-roadway DPM concentrations. This is considered a significant impact of the project. Under the Expanded EDC Scenario (proposed optional General Plan scenario analyzed for the CEQA document), impacts would be the same.

Implementation of Mitigation Measure 3-3 would reduce this impact; however, emissions of criteria air pollutants and/or toxic air contaminants near existing or planned sensitive receptors would remain a Significant and Unavoidable impact.

3. GREENHOUSE GAS EMISSIONS

Impact 5.7-1 Buildout of the proposed General Plan would result in an increase in GHG emissions compared to existing conditions and would neither meet the AB 32 reduction target nor achieve the long-term GHG reductions goals under Executive Order S-03-05.

Buildout of the City of Menifee would contribute to GHG emissions impacts through direct and indirect GHG emissions. For 2020 and 2035 (SCAG forecast year) scenarios, GHG emissions within the City would decrease as a result of GHG reduction measures implemented by the ______City of Menifee General Plan - 6 - CEQA Statement of Overriding Considerations December 2013

federal, state, regional, and local agencies; therefore, the project would not generate a substantial increase in GHG emissions in the short term. However, for the post-2035 and post-2035 with Expanded ECD scenarios, the proposed project would generate a substantial increase in GHG emissions within the City in the long term. In all scenarios, the project would not meet the SCAQMD efficiency threshold, which is used to determine consistency with the GHG reduction goals under AB 32. It should be noted that at this time, there is no plan past 2020 that achieves the long-term GHG reduction goal established under S-03-05. As identified by the California Council on Science and Technology, the state cannot meet the 2050 goal without major advancements in technology. The City of Menifee General Plan includes policies and measures for the City to implement in support of achieving the reduction target of AB 32 and the statewide GHG reduction goal of Executive Order S-03-05. Although implementation of the Mitigation Measure 3-1would reduce GHG impacts, because long-term GHG emissions would be substantial and the City would not achieve the SCAQMD efficiency metric, significant GHG emissions impacts would still occur. Therefore, GHG impacts would remain Significant and Unavoidable.

4. NOISE

Impact 5.12-1 Buildout of the proposed Land Use Plan would result in an increase in traffic on local roadways and the I-215 freeway in the City of Menifee, which would substantially increase the existing noise environment.

Future development in accordance with General Plan would cause increases in traffic along local roadways. Traffic noise increases along roadways in 2035 would range from 0.0 to 18.0 dBA CNEL. The highest increase would occur along areas that are least developed, along roadways that would be improved with additional lanes, and connections currently not implemented, bringing substantial pass-by traffic. Similarly, traffic noise increases for post-2035 conditions over existing would range from 0.0 to 18.6 dBA CNEL, and traffic noise increases for post-2035 Expanded EDC scenario over existing would range from 0.0 to 19.1 dBA CNEL. Noise increases from individual projects associated with buildout of the proposed Land Use Plan would occur over a period of many years, and the increase in noise on an annual basis would not be readily discernible. Because substantial cumulative increases in the ambient noise environment would occur at existing uses from buildout of the Proposed Land Use Plan, impacts would be significant. No feasible mitigation measures are available to reduce traffic noise; therefore, impacts would be Significant and Unavoidable.

5. TRANSPORTATION AND TRAFFIC

Impact 5.16-2 Traffic volumes at General Plan buildout would exceed the applicable congestion management plan criteria at three mainline segments of the I-215.

There are two CMP system roadways in the City, I-215 and SR-74. RCTC has adopted a minimum level of service threshold of LOS “E” for CMP facilities. Three of the study area freeway mainline segments on the I-215 (from McCall Boulevard to south of Scott Road) currently operate and would continue to operate at LOS F at 2035 and post-2035 conditions. Buildout of the proposed Land Use Plan would result in additional traffic volume that would cumulatively contribute to significant impacts. According to the RTCT CMP plan, when a deficiency is identified, a deficiency plan must be prepared by the local agency (in this case Caltrans). Other agencies that are contributors to the deficiency include the City of Menifee and ______City of Menifee General Plan - 7 - CEQA Statement of Overriding Considerations December 2013

the County of Riverside; they are required to coordinate in the development of the plan. The plan must contain mitigation measures, including consideration of Transportation Demand Management strategies and transit alternatives, and a schedule for mitigating deficiency. Without specific policies requiring the City to contribute to the deficiency plan, this would be a significant impact. Implementation of Mitigation Measure 16-3 would reduce this impact; however, the impacted areas are within the responsibility and jurisdiction of another public agency (Caltrans) and not the agency making the finding (City of Menifee); therefore, the City cannot guarantee completion of any roadway improvements. Significant traffic impacts on the I-215 freeway mainline segments would remain until the I-215 deficiency plan and roadway improvements are complete. Therefore, Impact 5.12-2 is considered Significant and Unavoidable.

C. CONSIDERATIONS IN SUPPORT OF THE STATEMENT OF OVERRIDING CONSIDERATIONS

After balancing the specific economic, legal, social, technological, and other benefits of the proposed project, the City of Menifee has determined that the unavoidable adverse environmental impacts identified above may be considered “acceptable” due to the following specific considerations, which outweigh the unavoidable, adverse environmental impacts of the proposed project.

1. Implements the Objectives Established for the Project The proposed project implements the following objectives:

 Adopt a new General Plan that establishes the goals and policies to create a built environment that fosters the enjoyment, financial stability, and well-being of the entire community.  Preserve a diverse mix of neighborhoods that provide an array of housing choices for a variety of life stages and lifestyles.  Preserve the City’s rural character, where appropriate.  Create a vibrant downtown, complete with a Community Center that serves as the central facility for our annual community celebrations and a gathering place for a broad spectrum of interests and ages.  Preserve and promote historic and cultural resources that are unique to the City.  Provide for adequate open space, recreational and cultural amenities to serve existing and future residents.  Provide access to rail, bus rapid transit, local shuttle services and develop a citywide golf cart/neighborhood electric vehicle plan to minimize vehicular trips that improve air quality.  Improve the community’s jobs-housing balance and fiscal sustainability by planning for a diversified employment base, supported by a variety of commercial, industrial, and mixed-use land uses through creation of the Economic Development Corridor (EDC) land use designation.  Create a plan that promotes long-term economic vitality and fiscal responsibility.  Reconcile General Plan buildout projections with regional and subregional estimates for growth. ______City of Menifee General Plan - 8 - CEQA Statement of Overriding Considerations December 2013

 Incorporate housing sites identified in the Housing Element into the Land Use Element.  Ensure consistency with AB 32, SB 375, and other federal, State, and local mandates.  Incorporate goals, policies, and programs that integrate multiple modes of transportation and meet the requirements of the Complete Streets Act.

2. Improves the Jobs-to-Housing Balance in the City and SANBAG Region

Ultimate buildout of the City of Menifee General Plan would result in a jobs-housing ratio of 1.58 (1.81 under the Expanded EDC Scenario, the proposed optional General Plan scenario analyzed for the CEQA document). Currently, the City’s jobs-housing ratio is very housing rich at 0.29. According to SCAG, the ideal jobs-to-housing ratio is around 1.36. A job-to-housing ratio of 1.58 is considerably more desirable for the City because it will bring a more balanced distribution of housing and employment opportunities in the area. More employment opportunities would reduce the need for people to travel farther to work. This helps create a more sustainable economy in the City and will reduce total vehicle miles traveled (VMT), which improves air quality and reduces greenhouse gas emissions.

3. Encourages Mixed Uses in the City

The Menifee General Plan would promote sustainable mixed-use infill development in the downtown area. The General Plan incorporates 6,750 acres designated Specific Plan that incorporates a mix of land uses. The General Plan also includes an Economic Development Corridor (EDC) that permits retail, office, industrial, and residential uses. Its purpose is to allow highly integrated commercial, residential, and office uses that facilitate pedestrian access and walkability. Proximity of residential uses near employment and activity centers can reduce VMT and greenhouse gas emissions.

4. Provides Additional High Density Housing Choices for Different Life Stages and Lifestyles.

The General Plan includes a greater diversity of dwelling unit types to provide additional choices for existing and new residents.

5. Reduction of Housing Units and Population from Current General Plan (RCIP).

General Plan buildout would support 63,754 dwelling units and a population of 158,942. Under the current RCIP, buildout would support 65,464 dwelling units and a population of 197,055. Fewer permanent residents give the City more opportunity to preserve the City’s rural character where appropriate.

6. Reduces Impacts to the Physical Environment

A number of General Plan policies would reduce physical impacts to the environment. These policies are included under the following topics: NOISE: Noise and Vibration

LAND USE: Community Land Uses, Economic Development Corridors, Utilities and Infrastructure

______City of Menifee General Plan - 9 - CEQA Statement of Overriding Considerations December 2013

CIRCULATION: Bicycles and Pedestrians, Public Transit, Neighborhood Electric Vehicles/Golf Carts, Goods Movement, Scenic Highways

Additionally General Plan policies promote more environmentally sustainable development. These policies cover the following topics:

ECONOMIC DEVELOPMENT

COMMUNITY DESIGN: Community Image, Rural Design, Design Quality, Transitions and Buffers, Corridors and Scenic Resources

SAFETY: Seismic, Geologic, Fire, Hazardous Materials OPEN SPACE AND CONSERVATION: Parks and Recreational, Natural Landforms, Energy Efficiency, Cultural Resources, Wildlife, Water, Flooding, Air Quality

Conclusion

The City of Menifee has balanced the project’s benefits against the project’s significant unavoidable impacts. The City finds that the project’s benefits to the community outweigh the project’s significant unavoidable impacts, and those impacts, therefore, are considered acceptable in light of the project’s benefits. The City finds that each of the benefits described above is an overriding consideration, independent of the other benefits, that warrants approval of the project notwithstanding the project’s significant unavoidable impacts.

______City of Menifee General Plan - 10 - CEQA Statement of Overriding Considerations December 2013

MITIGATION MONITORING AND REPORTING PROGRAM FOR:

MENIFEE

GENERAL PLAN

prepared for:

CITY OF MENIFEE

Contact: Charles LaClaire, Interim Community Development Director

prepared by:

THE PLANNING CENTER|DC&E

Contact: William Halligan, Esq. Principal, Environmental Services

DECEMBER 2013

MITIGATION MONITORING AND REPORTING PROGRAM FOR:

MENIFEE

GENERAL PLAN

prepared for:

CITY OF MENIFEE

29714 Haun Road Contact: Menifee, CA 92586 Charles LaClaire, Tel: 951.672.6777 Interim Community www.cityofmenifee.us Development Director

prepared by:

THE PLANNING CENTER|DC&E

3 MacArthur Place, Suite 1100 Contact: Santa Ana, CA 92707 William Halligan, Esq. Tel: 714.966.9220  Fax: 714.966.9221 Principal, E-mail: [email protected] Environmental Services Website: www.planningcenter.com COMN-01.0L

DECEMBER 2013

Table of Contents

Section Page

1. INTRODUCTION ...... 1 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM ...... 1 1.2 PROJECT LOCATION ...... 1 1.3 SETTING AND SURROUNDING LAND USES ...... 1 1.4 PROJECT DESCRIPTION ...... 2 1.5 ENVIRONMENTAL IMPACTS ...... 2 2. MITIGATION MONITORING PROCESS ...... 5 2.1 MITIGATION MONITORING AND REPORTING PROGRAM ORGANIZATION ...... 5 3. MITIGATION MONITORING AND REPORTING REQUIREMENTS ...... 7 3.1 PRE-MONITORING MEETING ...... 7 3.2 CATEGORIZED MITIGATION MEASURES/MATRIX ...... 7 3.3 IN-FIELD MONITORING ...... 7 3.4 COORDINATION WITH CONTRACTORS ...... 7 3.5 LONG-TERM MONITORING ...... 7 3.6 REPORT SUBMITTALS ...... 7 4. MITIGATION MONITORING REPORTS ...... 23 4.1 FIELD CHECK REPORT ...... 23 4.2 IMPLEMENTATION COMPLIANCE REPORT ...... 23 4.3 ARBITRATION/ENFORCEMENT REPORT ...... 23 5. COMMUNITY INVOLVEMENT ...... 25

Menifee General Plan Mitigation Monitoring and Reporting Program City of Menifee  Page i

Table of Contents

List of Tables

Table Page

Table 3-1 Mitigation Monitoring and Reporting Requirements ...... 9

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1. Introduction

1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM

This Mitigation Monitoring and Reporting Program (MMRP) has been developed to provide a vehicle by which to monitor mitigation measures and conditions of approval outlined in the Draft Environmental Impact Report (DEIR), State Clearinghouse No. 2012071033. The MMRP has been prepared in conformance with Section 21081.6 of the Public Resources Code and City of Menifee Monitoring Requirements. Section 21081.6 states:

(a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply:

(1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program.

(2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based.

1.2 PROJECT LOCATION

The City of Menifee is in western Riverside County, approximately 30 miles southeast of the City of Riverside. The City is generally bordered by the City of Perris and unincorporated county to the north; City of Canyon Lake, City of Lake Elsinore, and City of Wildomar to the west; City of Wildomar, City of Murrieta, and unincorporated county to the south; and the unincorporated communities of Homeland and Winchester to the east. Interstate 215 (I-215) bisects the City north to south. The City spans about 46.6 square miles.

1.3 SETTING AND SURROUNDING LAND USES

The City has several land uses, including residential, commercial, office, industrial, institutional, utilities and public facilities, parks and open space, agriculture, waterways, and vacant land. Most of the existing residential land uses in Menifee occur in four areas: Menifee Lakes in the eastern part of the City; Quail Valley on the west side; Romoland in the north; and Sun City in the central part of the City. There are many residences in the City outside of these four areas, but they are generally spread out at low/rural residential densities.

Menifee General Plan Mitigation Monitoring and Reporting Program City of Menifee  Page 1

1. Introduction

The largest portion of the land within the City boundaries (approximately 38 percent) is vacant. Approximately 33 percent is developed with residential land uses. Agricultural land uses account for approximately 6 percent (1,651 acres), and the remaining land (approximately 10 percent) is occupied by educational, commercial, industrial, manufacturing, utilities, golf courses, and local park and recreation land uses. The City currently has approximately 32,859 dwelling units and 11,982,509 square feet of nonresidential uses.

The City encompasses numerous brush-covered hills and low mountains surrounded by a series of interconnected, broad, nearly flat-bottomed valleys. Land cover on valley floors includes developed land uses, farm fields, and open undeveloped areas. Most hillsides are covered with coastal sage scrub interspersed with boulder outcrops. The development pattern in the parts of the City with suburban density—Menifee Lakes, Quail Valley, Romoland, and Sun City—consists mostly of one-story detached single-family homes. Commercial and industrial uses are in several areas throughout Menifee but concentrated along the I-215 corridor, Newport Road, and Ethanac Road near SR-74. The City has four golf courses—two in Sun City and two in Menifee Lakes. Most of the remainder of the City consists of vacant land, farms, and rural residential development. Farms scattered through several parts of the City represent the region’s agricultural past and the ongoing transition from a rural agricultural character to a developed urban city. Sun City, built in 1960, was an early master-planned senior citizen community.

1.4 PROJECT DESCRIPTION

The proposed project is the preparation of the City of Menifee’s first General Plan. As required by Government Code Section 65302, seven elements must be included in the general plans: land use, circulation, housing, conservation, open space, noise, and safety. The General Plan would include the seven mandatory elements and two additional elements: community design and economic development.

The Menifee General Plan includes forecasts of long-term conditions and outlines development goals and policies. It guides growth and development in the City by designating land uses and a long-term vision for the City. The Menifee General Plan designates land use for up to 63,754 dwellings and up to 10,751,227 square feet of commercial retail and 41,569,476 square feet of nonretail uses (office, industrial, business park).

1.5 ENVIRONMENTAL IMPACTS

1.5.1 Impacts Considered Less Than Significant

Impacts to the following resources were identified as less than significant. Impacts to resources marked with an asterisk (*) were identified in the Initial Study; the remainder were identified in the DEIR.

 Aesthetics  Geology and Soils  Hazards and Hazardous materials  Hydrology and Water Quality  Land Use and Planning  Mineral Resources*  Population and Housing  Public Services  Recreation  Utilities and Service Systems

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1. Introduction

1.5.2 Potentially Significant Adverse Impacts That Can Be Mitigated, Avoided, or Substantially Lessened

Impacts to biological resources and cultural resources were identified as potentially significant, but less than significant after implementation of required mitigation measures, in the Draft EIR.

1.5.3 Unavoidable Significant Adverse Impacts

The following impacts would remain significant and unavoidable after implementation of required mitigation, as identified in the DEIR:

 Agricultural Resources  Air Quality  Greenhouse Gas Emissions  Noise  Transportation and Traffic

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1. Introduction

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2. Mitigation Monitoring Process

2.1 MITIGATION MONITORING AND REPORTING PROGRAM ORGANIZATION

The City of Menifee is the designated lead agency for the MMRP. The City is responsible for review of all monitoring reports, enforcement actions, and document disposition. The City will rely on information provided by individual monitors (e.g., CEQA consultant, noise consultant, archeologist, paleontologist, biologist, geologist, traffic consultant) as accurate and up to date. The implementation of mitigation measures for specific projects will be the responsibility of the project applicant.

2.1.1 Mitigation Monitoring and Reporting Team

The following summarizes key positions in the MMRP and their respective functions:

Monitoring Team

 Technical Advisors: Advisors for each development or redevelopment project approved pursuant to the General Plan. Responsible for monitoring in respective areas of expertise (CEQA consultant, project engineer, biological consultant, noise consultant, archeologist, paleontologist, and traffic consultant). Report directly to the environmental monitor.

 Community Development Director: Responsible for report review and first phase of dispute resolution.

 Monitoring Program Manager: Responsible for coordination of mitigation monitoring and reporting team, technical consultants, and report preparation. Responsible for overall program administration and document/report clearinghouse.

2.1.2 Recognized Experts

The use of recognized experts from responsible agencies will be utilized by the Monitoring Program Manager or designee to resolve disputes.

2.1.3 Arbitration Resolution

If the mitigation monitor identifies a mitigation measure that, in the opinion of the monitor, has not been implemented or has not been implemented correctly, the problem will be brought before the Community Development Director for resolution. The decision of the Community Development Director is final, unless appealed to the City Manager. The Community Development Director will have the authority to issue stop work orders until the dispute is resolved.

2.1.4 Enforcement

Agencies may enforce conditions of approval through their existing police power, using stop work orders, fines, infraction citations, or in some cases, notice of violation for tax purposes.

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3. Mitigation Monitoring and Reporting Requirements

3.1 PRE-MONITORING MEETING

A pre-monitoring meeting will be scheduled to review mitigation measures, implementation requirements, schedule conformance, and mitigation monitoring and reporting team responsibilities. Team rules are established, the entire mitigation monitoring and reporting program is presented, and any misunderstandings are resolved.

3.2 CATEGORIZED MITIGATION MEASURES/MATRIX

Project-specific mitigation measures have been categorized in matrix format, as shown in Table 3-1. The matrix identifies the environmental factor, specific mitigation measures, schedule, and responsible monitor. The mitigation matrix will serve as the basis for scheduling the implementation of and compliance with all mitigation measures.

3.3 IN-FIELD MONITORING

Project monitors and technical subconsultants shall exercise caution and professional practices at all times when monitoring implementation of mitigation measures. Protective wear (e.g., hard hat, glasses) shall be worn at all times in construction areas. Injuries shall be immediately reported to the mitigation monitoring and reporting committee.

3.4 COORDINATION WITH CONTRACTORS

The construction manager of each project approved pursuant to the General Plan is responsible for coordination of contractors and for contractor completion of required mitigation measures.

3.5 LONG-TERM MONITORING

Long-term monitoring related to several mitigation measures will be required, including fire safety inspections. Postconstruction fire inspections are conducted on a routine basis by the Riverside County Fire Department.

3.6 REPORT SUBMITTALS

All mitigations measures that require submittal of a report or study to City of Menifee staff shall be reviewed and accepted as complete and accurate by the Community Development Director or designee.

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3. Mitigation Monitoring and Reporting Requirements

Table 3-1 Mitigation Monitoring and Reporting Requirements Monitor Responsibility for Responsibility for (Signature Required) Mitigation Measure Implementation Timing Monitoring (Date of Compliance) 5.3 AIR QUALITY 3-1 If, during subsequent project-level environmental review, construction- City of Menifee Community During project-level City of Menifee Community related criteria air pollutants are determined to have the potential to Development Department, environmental review Development Department exceed the South Coast Air Quality Management District (SCAQMD) and project applicants and adopted thresholds of significance, the City of Menifee Community construction contractors Development Department shall require that applicants for new development projects incorporate mitigation measures as identified in the CEQA document prepared for the project to reduce air pollutant emissions during construction activities. Mitigation measures that may be identified during the environmental review include, but are not limited to:  Requiring fugitive dust control measures that exceed SCAQMD’s Rule 403, such as: o Requiring use of nontoxic soil stabilizers to reduce wind erosion. o Applying water every four hours to active soil-disturbing activities. o Tarping and/or maintaining a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials.  Implementing a construction traffic management plan that includes measures such as: o Providing temporary traffic controls as a flag person during all phases of construction to maintain smooth traffic flow. o Providing dedicated turn lanes for movement of construction trucks and equipment on- and off-site. o Improving traffic flow by signal synchronization, and ensuring that all vehicles and equipment will be properly tuned and maintained according to manufacturer’s specifications.

Menifee General Plan Mitigation Monitoring and Reporting Program City of Menifee  Page 9

3. Mitigation Monitoring and Reporting Requirements

Table 3-1 Mitigation Monitoring and Reporting Requirements Monitor Responsibility for Responsibility for (Signature Required) Mitigation Measure Implementation Timing Monitoring (Date of Compliance)  Using model year 2010 and newer diesel haul trucks (e.g., material delivery trucks and soil import/export) where feasible.  Using construction equipment rated by the United States Environmental Protection Agency as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emission limits, applicable for engines between 50 and 750 horsepower.  Ensuring construction equipment is properly serviced and maintained to the manufacturer’s standards.  Limiting nonessential idling of construction equipment to no more than five consecutive minutes.  Using Super-Compliant VOC paints for coating of architectural surfaces whenever possible. A list of Super-Compliant architectural coating manufactures can be found on the SCAQMD’s website at: http://www.aqmd.gov/prdas/brochures/Super- Compliant_AIM.pdf. 3-2 Prior to discretionary approval of projects, the City shall require Applicants of new Prior to discretionary City of Menifee Community project applicants for sensitive land uses (e.g., residential or residential or mixed-use project approval for Development Department residential mixed-use projects, day care centers, retirement facilities, projects as specified in sensitive-use land hospitals, etc.) within: 1) 1,000 feet from the truck bays of an existing Mitigation Measure 3-2 uses as specified in distribution centers that accommodate more than 100 trucks per day, Mitigation Measure 3-2 more than 40 trucks with operating transport refrigeration units, or where transport refrigeration unit operations exceed 300 hours per week; 2) 1,000 feet of an industrial facility which emits toxic air contaminants; or 3) 500 feet of Interstate 215 (I-215) to submit a health risk assessment (HRA) prepared in accordance with policies and procedures of the state Office of Environmental Health Hazard Assessment (OEHHA) and the South Coast Air Quality Management District (SCAQMD).

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3. Mitigation Monitoring and Reporting Requirements

Table 3-1 Mitigation Monitoring and Reporting Requirements Monitor Responsibility for Responsibility for (Signature Required) Mitigation Measure Implementation Timing Monitoring (Date of Compliance) Prior to any discretionary approval, the HRA shall be submitted to the Community Development Director or designee. If the HRA shows that 1) the incremental cancer risk exceeds 10 in a million (10E-06), 2) the

appropriate noncancer hazard index exceeds 1.0, or 3) the PM10 or PM2.5 ambient air quality standard increment exceeds 2.5 μg/m3, or the adopted SCAQMD CEQA Thresholds for these three aforementioned risks at the time the HRA is prepared are exceeded, the HRA shall identify all mitigation measures necessary including, but, not limited to the level of high-efficiency Minimum Efficiency Reporting Value (MERV) filter required to reduce indoor air concentrations of pollutants to achieve the cancer and/or noncancer threshold. The applicant shall be required to install high efficiency MERV filters in the intake of residential ventilation systems, consistent with the recommendations of the HRA. Heating, air conditioning and ventilation (HVAC) systems shall be installed with a fan unit power designed to force air through the MERV filter. To ensure long-term maintenance and replacement of the MERV filters in the individual units, the following shall occur: a) Developer, sale, and/or rental representative shall provide notification to all affected tenants/residents of the potential health risk for affected units. b) For rental units, the owner/property manager shall maintain and replace MERV filters in accordance with the manufacture’s recommendations. The property owner shall inform renters of increased risk of exposure to diesel particulates when windows are open.

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3. Mitigation Monitoring and Reporting Requirements

Table 3-1 Mitigation Monitoring and Reporting Requirements Monitor Responsibility for Responsibility for (Signature Required) Mitigation Measure Implementation Timing Monitoring (Date of Compliance) c) For residential owned units, the Homeowner’s Association (HOA) shall incorporate requirements for long-term maintenance in the Covenant Conditions and Restrictions and inform homeowners of their responsibility to maintain the MERV filter in accordance with the manufacturer’s recommendations. The HOA shall inform homeowners of increased risk of exposure to diesel particulates when windows are open. d) Outdoor active-use public recreational areas associated with development projects shall be located more than 500 feet from the nearest lane of traffic on the I-215 unless risk are below the thresholds identified above. 3-3 New industrial or warehousing land uses that 1) have the potential to Applicants for new Prior to discretionary City of Menifee Community generate 100 or more diesel truck trips per day or have 40 or more industrial or warehousing project approval Development Department trucks with operating diesel-powered transport refrigeration units projects as specified in (TRUs), and 2) are located within 1,000 feet of a sensitive land use Mitigation Measure 3-3 (e.g., residential, schools, hospitals, nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use, shall submit a health risk assessment (HRA) to the City of Menifee Community Development Director prior to future discretionary project approval. The HRA shall be prepared in accordance with policies and procedures of the state Office of Environmental Health Hazard Assessment and the South Coast Air Quality Management District. If the HRA shows that the incremental cancer risk exceeds 10 in a million (10E-06), the appropriate

noncancer hazard index exceeds 1.0, or if the PM10 or PM2.5 ambient air quality standard increment exceeds 2.5 μg/m3, the applicant will be required to identify and demonstrate that best available control technologies for toxics (T-BACTs) are capable of reducing potential cancer and noncancer risks to an acceptable level, including appropriate enforcement mechanisms. T-BACTs may include, but are not limited to, restricting idling onsite or electrifying warehousing docks to reduce diesel particulate matter, or requiring use of newer

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3. Mitigation Monitoring and Reporting Requirements

Table 3-1 Mitigation Monitoring and Reporting Requirements Monitor Responsibility for Responsibility for (Signature Required) Mitigation Measure Implementation Timing Monitoring (Date of Compliance) equipment and/or vehicles. T-BACTs identified in the HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan. 3-4 If it is determined during project-level environmental review that a City of Menifee Community Prior to discretionary City of Menifee Community project has the potential to emit nuisance odors beyond the property Development Department project approval Development Director or line, an odor management plan may be required, subject to and project applicants as designee Community Development Director or designee review. Facilities that specified in Mitigation have the potential to generate nuisance odors include but are not Measure 3-4 limited to:  Wastewater treatment plants  Composting, greenwaste, or recycling facilities  Fiberglass manufacturing facilities  Painting/coating operations  Large-capacity coffee roasters  Food-processing facilities If an Odor Management Plan is determined to be required through CEQA review, the City shall require the project applicant to submit the plan prior to approval to ensure compliance with the South Coast Air Quality Management District’s Rule 402, for nuisance odors. If applicable, the Odor Management Plan shall identify the best available control technologies for toxics (T-BACTs) that will be utilized to reduce potential odors to acceptable levels, including appropriate enforcement mechanisms. T-BACTs may include but are not limited to scrubbers (e.g., air pollution control devices) at the industrial facility. T-BACTs identified in the Odor Management Plan shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan.

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3. Mitigation Monitoring and Reporting Requirements

Table 3-1 Mitigation Monitoring and Reporting Requirements Monitor Responsibility for Responsibility for (Signature Required) Mitigation Measure Implementation Timing Monitoring (Date of Compliance) 5.3 BIOLOGICAL RESOURCES 4-1 Prior to project approvals, project applicants shall have a habitat City of Menifee Community Prior to discretionary City of Menifee Community assessment prepared by a qualified biologist for projects on Development Department, project approval Development Director or undeveloped sites. The habitat assessment report shall be submitted project applicant, qualified designee to the City of Menifee Community Development Department prior to biologist project approvals.  If the findings of the habitat assessment show no sensitive species or suitable habitat occur on site, then no additional surveys or mitigation measures are required.  If the potential for sensitive species exist or suitable habitat exists on site, focused surveys or mitigation, if identified in the habitat assessment, shall be completed. Focused surveys conducted in the appropriate season for each species, as identified in the habitat assessment report, shall be conducted to determine presence/absence status.  If no sensitive species are identified through focused surveys, then no additional surveys or mitigation measures are required.  If suitable habitat for federal- or state-listed species, or if federal- or state-listed species are identified on the site, then the biologist conducting the habitat assessments shall recommend measures to avoid impacts to the affected species or provide compensatory mitigation for such impacts.  If suitable habitat for federal- or state-listed species, or if federal- or state-listed species are identified on the site, then the project applicant must consult with the US Fish and Wildlife Service and/or the California Department of Fish and Wildlife regarding avoidance and/or mitigation of impacts to those species.

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3. Mitigation Monitoring and Reporting Requirements

Table 3-1 Mitigation Monitoring and Reporting Requirements Monitor Responsibility for Responsibility for (Signature Required) Mitigation Measure Implementation Timing Monitoring (Date of Compliance) 4-2 Prior to project approvals, project applicants shall have the project site City of Menifee Community Prior to discretionary City of Menifee Community assessed for potential jurisdictional waters, wetlands, and/or riparian Development Department, project approval Development Director or habitat by a professional biologist qualified to conduct jurisdictional project applicant, qualified designee delineations. biologist  If potential jurisdictional area is identified on the project site, the applicant shall have a full jurisdictional delineation completed by a qualified professional. The findings of the delineation shall be presented in a report. The qualified professional shall recommend mitigation measures in the report for avoiding, or compensating for, impacts to waters, wetlands, and riparian habitats. Jurisdictional delineation reports shall be presented to the US Army Corps or Engineers, Santa Ana Regional Water Quality Control Board or San Diego Regional Water Quality Control Board, and/or California Department of Fish and Wildlife for concurrence. Mitigation measures for impacts to jurisdictional waters, wetlands, and riparian habitat shall be determined by those agencies. 4-3 Prior to the issuance of grading permits for private development City of Menifee Community Prior to the issuance of City of Menifee Community projects or prior to construction for public agency contracts, during Development Department, grading permits for Development Director or the nesting season, February 1 to August 31, a project applicant, qualified private development designee preconstruction/pregrading field survey shall be conducted by a biologist projects or prior to qualified biologist to determine if active nests of species protected by construction for public the Migratory Bird Treaty Act (MBTA) or the California Fish and agency contracts Wildlife Code are present in the construction zone.  If active nests are not located within the project area an appropriate buffer shall be established (i.e., 500 foot radius of an active listed species or raptor nest, 300 foot for other sensitive or protected bird nests (nonlisted), or 100 foot for sensitive or protected songbird nests). Construction may be conducted during the nesting/breeding season outside the buffer.

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3. Mitigation Monitoring and Reporting Requirements

Table 3-1 Mitigation Monitoring and Reporting Requirements Monitor Responsibility for Responsibility for (Signature Required) Mitigation Measure Implementation Timing Monitoring (Date of Compliance)  If active nests are located during the preactivity field survey, no grading or heavy equipment activity shall take place within at least 500 feet of an active listed species or raptor nest, 300 feet of other sensitive or protected species under MBTA or California Fish and Wildlife Code, bird nests (nonlisted), or within 100 feet of sensitive or protected songbird nests until the nest is no longer active. 4-4 Within 30 days prior to commencement of grading and construction Project applicant, qualified Within 30 days prior to City of Menifee Community activities, projects within the mapped Burrowing Owl survey area shall biologist commencement of Development Director or have a preconstruction survey for resident Burrowing Owls conducted project grading and designee by a qualified biologist. These surveys shall be required, in addition to construction activities the habitat assessment and focused surveys that would be required under Section 6.3.2 of the MSHCP. If ground-disturbing activities in these areas are delayed or suspended for more than 30 days after the preconstruction survey, the area shall be resurveyed for owls. Take of active nests shall be avoided. The preconstruction survey and any relocation activity shall be conducted in accordance with MSHCP instructions and/or guidelines and coordinated with the Regional Conservation Authority following accepted protocols. 4-5 The City shall continue to participate in the Stephens’ Kangaroo Rat City of Menifee Community Ongoing through term City of Menifee Community Habitat Conservation Plan including collection of mitigation fees for Development Department of General Plan Development Director or future projects. designee 5.4 CULTURAL RESOURCES 5-1 Prior to project approvals, applicants shall submit a cultural resource City of Menifee Community Prior to discretionary City of Menifee Community study to the City of Menifee Community Development Director or Development Department; project approval Development Director or designee. project applicant, City of designee Menifee–approved qualified archaeologist; and tribal

monitors

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3. Mitigation Monitoring and Reporting Requirements

Table 3-1 Mitigation Monitoring and Reporting Requirements Monitor Responsibility for Responsibility for (Signature Required) Mitigation Measure Implementation Timing Monitoring (Date of Compliance) Cultural Resource Study: A cultural resource assessment shall be prepared by a City of Menifee-approved qualified archaeologist. The study shall assess the significance of any known archaeological cultural and historic resources that the project could impact and the sensitivity for buried archaeological resources. On properties where resources are identified, or that are determined to be moderately to highly sensitive for buried archaeological resources, such studies shall provide a detailed cultural resource monitoring program, including a monitoring plan and recovery and/or in situ protection and preservation plan, based on the recommendations of a qualified cultural preservation expert. The cultural resource study shall include a records search at the Eastern Information Center at the University of California, Riverside, and a field survey for surface archaeological resources. It shall also include the Sacred Lands Inventory search results from the Native American Heritage Commission and evidence that the tribes listed on the search results were contacted for information. General findings of the cultural resources assessment, such as presence of resources, shall be incorporated into the CEQA documentation. Detailed information on sensitive cultural resources identified on a project site, such as locations and specific types of resources, Native American human remains, and associated funerary objects, shall be documented in a separate confidential report and submitted to the City of Menifee and shall not be available to the public; a copy of the report shall be forwarded to relevant Native American tribal representative. Should the cultural resource study identify archaeological, historic or cultural resources or identify the site as moderately to highly sensitive for buried resources the following shall occur. Cultural Resource Monitoring Program: A cultural resource monitoring program shall be developed between the project archaeologist, the City and the appropriate Native American tribe. It shall include the process for monitoring the project; documentation and protocols for

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3. Mitigation Monitoring and Reporting Requirements

Table 3-1 Mitigation Monitoring and Reporting Requirements Monitor Responsibility for Responsibility for (Signature Required) Mitigation Measure Implementation Timing Monitoring (Date of Compliance) avoidance/preservation of any known cultural, archaeological and/or historic resource located on the property as determined through consultation with the applicant/developer, City, project archaeologist and appropriate Native American tribe; a data recovery plan for any resources that are determined significant that cannot be avoided or preserved in situ; a plan for recovery and/or in situ preservation of inadvertent finds and other appropriate information pertinent to the specific project. The applicant/developer shall contact the appropriate Native American tribal representative a minimum of 30 days before pulling grading permits to develop a Cultural Resources Treatment Agreement that addresses the potential resources – either known or inadvertently discovered, responsibilities, and participation of tribal monitors during grading, excavation and ground disturbing activities; scheduling; terms of compensation; and treatment, final disposition, and preservation of any cultural resources, sacred sites and human remains discovered on the site. Monitoring: A qualified professional archaeologist shall be retained for the project and shall be present at the jobsite during grading and other significant ground-disturbing activities. Discovery: Should any archaeological, historic or cultural resources be discovered, no further grading shall occur in the area of the discovery until the Community Development Director is satisfied that adequate provisions are in place to protect these resources. Unanticipated discoveries shall be evaluated for significance by a professional archaeologist and the tribal representative. All attempts shall be made to avoid and preserve the resources; however, if avoidance is not feasible, then the project archaeologist shall perform data recovery, professional identification, radiocarbon dates, and other special studies; submit materials to a museum for permanent curation.

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3. Mitigation Monitoring and Reporting Requirements

Table 3-1 Mitigation Monitoring and Reporting Requirements Monitor Responsibility for Responsibility for (Signature Required) Mitigation Measure Implementation Timing Monitoring (Date of Compliance) Final Reporting: The qualified professional archaeologist shall provide a comprehensive final report including catalog with museum numbers to the City of Menifee Community Development Director, the Eastern Information Center and the appropriate tribe. The final report shall include the appropriate California Department of Parks and Recreation (DPR30) forms as applicable 5-2 Prior to approval of projects located in areas determined to be City of Menifee Community Prior to discretionary City of Menifee Community moderately to highly sensitive for paleontological resources, the Development Department; project approval Development Director or project applicant shall provide studies by qualified paleontologists project applicant, City of designee assessing the sensitivity of sites for buried paleontological resources. Menifee–approved qualified In areas of high sensitivity for paleontological resources, each project paleontologist applicant shall retain a qualified paleontologist to monitor ground disturbing activity. Should any potentially significant fossil resources be discovered, no further grading shall occur in the area of the discovery until the Community Development Director is satisfied that adequate provisions are in place to protect these resources. Unanticipated discoveries shall be evaluated for significance by a professional paleontologist. If significance criteria are met, then the project shall be required to perform data recovery, professional identification, radiocarbon dates, and/or other special studies; submit materials to a museum for permanent curation; and provide a comprehensive final report including catalog with museum numbers to the City of Menifee Community Development Director. 5-3 As outlined in the cultural resource monitoring program, prior to the Project applicant and/or City Prior to the issuance of City of Menifee Community issuance of grading permits for a project for which the cultural of Menifee project manager grading permit Development Director or resource report identifies monitoring for potential Native American designee tribal resources, the project applicant and/or City of Menifee project manager shall contact the relevant Native American tribal representative(s) to notify them of project scheduling.

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3. Mitigation Monitoring and Reporting Requirements

Table 3-1 Mitigation Monitoring and Reporting Requirements Monitor Responsibility for Responsibility for (Signature Required) Mitigation Measure Implementation Timing Monitoring (Date of Compliance) 5-4 If human remains are encountered, California Health and Safety Code Construction Contractor, During ground City of Menifee Community Section 7050.5 states that no further disturbance shall occur until the Project applicant and/or City disturbing activity Development Director or Riverside County Coroner has made the necessary findings as to of Menifee project manager designee origin. Pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within 24 hours. After receiving notification of the discovery, the Native American Heritage Commission shall immediately identify the “most likely descendant(s)”. Within 48 hours, the most likely descendant(s) shall make recommendations and engage in consultations concerning the treatment of the remains as provided in Public Resources Code Section 5097.98 and the Treatment Agreement described in Mitigation Measure 5-1. 5.16 TRANSPORTATION AND TRAFFIC 16-1 As development occurs, the City of Menifee shall implement City of Menifee Engineering As development City of Menifee Engineering intersection improvements identified below. When applicable, Department and/or Public occurs Department and/or Public implementation of transportation improvements shall be conducted in Works Department and Works Department coordination with Caltrans and/or the County of Riverside. The Caltrans and/or the County intersection improvements are ultimately subject to the review, of Riverside approval, modification, and implementation of the City. Further environmental review may be required on a project-specific basis for certain intersection improvements.  Bradley Road at McCall Blvd o add a second northbound right-turn lane o add a third eastbound through lane o add a third westbound through lane

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3. Mitigation Monitoring and Reporting Requirements

Table 3-1 Mitigation Monitoring and Reporting Requirements Monitor Responsibility for Responsibility for (Signature Required) Mitigation Measure Implementation Timing Monitoring (Date of Compliance)  Haun Road at Newport Road o add a fourth eastbound through lane o add a fourth westbound through lane o remove both the northbound (east leg) and southbound (west leg) crosswalks  Menifee Road at SR-74 (Pinacate Rd.) o add a second northbound right-turn lane  Menifee Road at McCall Boulevard o add a southbound right-turn overlap phase o add a second westbound right-turn lane 16-2 Prior to issuance of each building permit, appropriate Traffic Impact Property owner/project Prior to issuance of City of Menifee Engineering and TUMF fees shall be paid by the property owner/developer in applicant building permit Department and/or Public amounts determined by the City Council Resolution in effect at the Works Department time of issuance of the building permit. 16-3 The City of Menifee shall contribute to the preparation of the City of Menifee Engineering When need for City of Menifee Engineering deficiency plan, which will consider mitigation measures, including Department and/or Public improvements has Department and/or Public Transportation Demand Management (TDM) strategies and transit Works Department been identified by Works Department alternatives, and a schedule for mitigating deficiency to reduce Caltrans impacts at the I-215 mainline segments. Once the need for improvements has been identified by Caltrans for a particular freeway mainline segment and a program for implementing the required improvements has been developed, the City will coordinate with Caltrans, as appropriate. Contributions may be in the form of developer fees, freeway improvements, development in lieu of fees, state or federal funds, or other programs, as appropriate. Contributions required of individual development projects will be determined on a project-by-project basis at the time of development application review and will be based on a traffic analysis undertaken for individual development project applicants.

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3. Mitigation Monitoring and Reporting Requirements

Table 3-1 Mitigation Monitoring and Reporting Requirements Monitor Responsibility for Responsibility for (Signature Required) Mitigation Measure Implementation Timing Monitoring (Date of Compliance) 16-4 Prior to road widening or implementation of bicycle lanes in the City of City of Menifee Public Prior to road widening City of Menifee Engineering Menifee, public works and community development department shall Works Department and or implementation of Department and/or Public ensure consistency of road and bicycle lane right-of-way with Community Development bicycle lanes Works Department surrounding cities and the County of Riverside. Department, surrounding cities and/or County of Riverside

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4. Mitigation Monitoring Reports

Mitigation monitoring reports are required to document compliance with the Mitigation Monitoring and Reporting Program and to dispute arbitration enforcement resolution. Specific reports include:

 Field Check Report

 Implementation Compliance Report

 Arbitration/Enforcement Report

4.1 FIELD CHECK REPORT

Field check reports are required to record in-field compliance and conditions.

4.2 IMPLEMENTATION COMPLIANCE REPORT

The Implementation Compliance Report (ICR) is prepared to document the implementation of mitigation measures on a phased basis, based on the information in Table 3-1. The report summarizes implementation compliance, including mitigation measures, date completed, and monitor’s signature.

4.3 ARBITRATION/ENFORCEMENT REPORT

The Arbitration/Enforcement Report (AER) is prepared to document the outcome of arbitration committee review and becomes a portion of the ICR.

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4. Mitigation Monitoring Reports

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5. Community Involvement

Monitoring reports are public documents and are available for review by the general public. Discrepancies in monitoring reports can be taken to the arbitration committee by the general public.

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5. Community Involvement

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Page 26  The Planning Center|DC&E December 2013 Scott A. Mann Mayor STATE OF CALIFORNIA ) Wallace W. Edgerton COUNTY OF RIVERSIDE ) ss Deputy Mayor CITY OF MENIFEE )

John V. Denver I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the Council member foregoing Resolution No. 13-347 was duly adopted by the City Council of the City Thomas Fuhrman of Menifee at a meeting thereof held on the~ day of December, 2013 by the Council member following vote: 1 ~-if Greg August Ayes: August, Denver, Edgerton, Fuhrman, Mann Councilmember Noes: None Absent: None Abstain: None

Kathy Bennett, City Clerk

29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.679.3843 NWW .cityofmenifee.us