Editor’s note: Menifee’s response to the lawsuit has been added to this article.
The City of Perris won a lawsuit against the City of Menifee regarding Menifee’s approval of Plot Plan No. PLN 21-0290, located just south of Ethanac Road and on the westerly side of Barnett Road, Perris officials announced on Thursday.
As a result of this legal victory, Meniee will be required to set aside the project approvals and comply with the California Environmental Quality Act (CEQA) before reapproving the project and ensure adequate traffic safety improvements are included in the project. An Environmental Impact Report may also be necessary.
In October 2021, the City of Perris submitted a letter raising concerns about the project as it posed traffic safety issues and was not compatible with the planned commercial and residential development in the vicinity, requesting that Menifee consult with Perris regarding the scope of the traffic impact study and requesting that certain environmental impacts be analyzed, including the project’s health risks and traffic impacts.
These requests were not met and on March 8, 2023, the Menifee Planning Commission held a public hearing regarding the project, ultimately voting to approve and adopt it. The City of Perris appealed the approval and, on June 7, 2023, the appeal was brought before the Menifee City Council during its regular meeting.
The Menifee City Council denied the appeal 4-1 and upheld the Menifee Planning Commission’s approval of the Ethanac and Barnett industrial project consisting of two concrete tilt-up buildings totaling 251,133 square feet, which includes approximately 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, and adopting a Mitigated Negative Declaration (“Project”).
At the Perris City Council meeting on June 13, 2023, officials reported that the city would pursue legal action against the City of Menifee. Perris filed the lawsuit in July 2023. The City of Menifee has 60 days from the entry of judgment to appeal the ruling.
The City of Menifee said it “remains committed to implementing its general plan and building out the city’s economic development corridor along the south side of Ethanac Road. While the City is disappointed in the court’s decision to overturn the approval of the project, it does not prevent the project from ultimately moving forward. Furthermore, the court did rule in Menifee’s favor regarding Perris’ CEQA challenges related to construction/operational noise issues and greenhouse gas emissions, both of which were deemed to be unfounded. The city and the project developer have multiple options available to continue the project and will be evaluating next steps.”
