Perris adds filing to lawsuit against City of Menifee

By Doug Spoon, Editor

The City of Perris has filed a new document in its legal battle with the City of Menifee, reiterating its accusation that a proposed Menifee project violates the California Environmental Quality Act (CEQA).

Perris’ July 6 petition for writ of mandate is the first action in the lawsuit since last fall. An Oct. 24, 2022 court date was taken off calendar. Menifee’s response to the Perris lawsuit was filed last July, seeking reversal of Perris’ petition. The project in question is a planned warehouse facility that would be served by a stretch of Ethanac Road that lies on the border of both cities.

In its latest legal document, the City of Perris filed notice to the Attorney General of its belief that Menifee violated CEQA when it declared there would be no substantial negative impact to the environment from the project. According to that document, “The substantial evidence in the record of proceedings support a fair argument that the project may cause a significant environmental impact.”

In March 2022, the Menifee City Council approved a zoning change that prohibits warehouses and truck routes in most sections of the southern economic border in the area of Scott Road, Haun Road and Antelope Road. At that time, it was determined that the Ethanac corridor was best suited to the city’s needs for warehousing and industrial buildings. That paved the way for approval of a project that calls for two buildings, each approximately 125,000 square feet, at the corner of Ethanac Road and Barnett Road.

Representatives for Perris argue that the resulting truck traffic on Ethanac would have a significant impact on the local environment. Last month, an attorney for Perris made that argument in an appeal of Menifee’s approval. That appeal was rejected by the City Council.

According to City of Menifee documents, the project would include “206,019 square feet of warehousing, 25,114 square feet of manufacturing area and 20,000 square feet of office area on a 13.89 gross acre project site. The buildings propose a maximum overall height of 42.5 feet, and each includes 15 dock doors and two at grade level.

“Associated facilities and improvements of the project site includes 414 proposed parking spaces, on-site landscaping, and related on-site and off-site street/road improvements. The project currently proposes two full-access driveways along Barnett Road and two right-in/right-out shared driveways -- one along Ethanac Road and one along Barnett Road -- with the adjacent property to the northeast (known as Ethanac Square).”

In its July 6 filing, the City of Perris maintains that Menifee’s declaration of mitigated environmental impact “contains marked flaws that understates the significant safety hazards this project may cause.”

Perris argues that Menifee’s traffic study “improperly analyzed” the intersection of Case Road and Ethanac Road and the intersection of Ethanac Road and Barnett Road, describing them as a “single aligned and integrated intersection rather than as two separate intersections.” The argument goes on to claim that the traffic study “implemented a 33 percent reduction to all right-turning volumes for a ‘right turn on red’ reduction,” which Perris claims is “excessive and ignores the existing ‘go right on red’ signage where Case Road intersects with Ethanac Road.”

Perris’ filing also claims that Menifee’s noise analysis is flawed and that its greenhouse gas environmental impact analysis is “legally deficient.” The filing asks for a permanent injunction prohibiting any actions by Menifee to continue with the project.

The lawsuit and counter lawsuit are on the agenda for a closed session meeting of the City Council prior to Wednesday’s regular meeting.