Res P-15-16RESOLUTION NO. P -15 -16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING A CEQA ADDENDUM TO THE ADOPTED
MITIGATED NEGATIVE DECLARATION
FOR CONDITIONAL USE PERMIT 09 -01,
DEVELOPMENT REVIEW 09 -01 AND VARIANCE 09 -02
ASSESSOR'S PARCEL NUMBERS 317 - 021 -18 and 30
WHEREAS, on June 15, 2010, the City Council approved a Mitigated Negative
Declaration (2010 MND) and Conditional Use Permit (CUP) 09 -01, Development
Review (DR) 09 -01 and Variance (VAR) 09 -02 establishing an approximately 30,000 -
square -foot spiritual center (Chinmaya Mission San Diego) at 12249 9th Street, in the
Rural Residential C (RR -C) zone pursuant to Resolution No. P- 10 -23; and
WHEREAS, CUP 15 -003 and DR 15 -001 were submitted by Srinivas Sukumar
(Applicant) /Chinmaya Mission San Diego (Owner) to modify CUP 09 -01 and revise DR
09 -01 for the establishment of a preschool at the Chinmaya Mission spiritual center site
for up to 60 children, the construction of a 413 - square -foot addition to the existing
structure, and the addition of a covered outdoor lunch area; and
WHEREAS, an Addendum to the 2010 MND has been prepared in compliance
with the California Environmental Quality Act (Public Resources Code §21000, et seq.)
to address new information pertaining to the addition of a preschool for up to 60
children; and
WHEREAS, the City Council has considered the Addendum, along with the
adopted MND and Agenda Report for this matter; and
WHEREAS, on June 16, 2015, the City Council held a duly advertised public
hearing to receive testimony from the public, both for and against, relative to this matter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The analysis from the 2010 MND approved for the project, together with the
analysis of the Addendum (Exhibit A), support the conclusion that the addition of the
preschool will not result in any new significant impacts or impacts that would be
substantially more severe than those identified in the previously adopted 2010 MND.
Pursuant to CEQA Guidelines Section 15164(b), none of the conditions described in
Guidelines Section 15162 calling for the preparation of a subsequent EIR or negative
declaration have occurred. Therefore, the City may rely on the 2010 MND, as updated
with the Addendum, for documentation of the effects of the Project on the environment.
Resolution No. P -15 -16
Page 2
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 16th day of June 2015.
G
Steve Vaus, Mayor
ATTEST:
Qk,
—Sh'eikB. Cobian, CMC, City Clerk
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CMC, City Clerk, of the City of Poway, do hereby certify
under penalty of perjury that the foregoing Resolution No. P -15 -16 was duly adopted by
the City Council at a meeting of said City Council held on the 16th day of June 2015,
and that it was so adopted by the following vote:
AYES: LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
- 1�41 r.) � � ca, -
Sheila .Cobian, CMC, City Clerk
City of Poway
Exhibit A Resolution No. P -15 -16
Page 3
CITY OF POWAY
CEQA ADDENDUM TO THE ADOPTED MITIGATED NEGATIVE DECLARATION
FOR CONDITIONAL USE PERMIT 09 -01, DEVELOPMENT REVIEW 09 -01,
AND VARIANCE 09 -02
Introduction
This document is prepared as an Addendum to the Mitigated Negative Declaration
(MND) approved by the City of Poway in 2010 for Conditional Use Permit (CUP) 09 -01,
Development Review (DR) 09 -01, and Variance (VAR) 09 -02 on June 15, 2010.
CUP 09 -01, DR 09 -01, and VAR 09 -02, approved the establishment of a new
approximately 30,000- square -foot cultural and spiritual center to be constructed in
phases at 12249 9th Street, in the Rural Residential C zone. The Variance allowed:
(1) an encroachment into the 40 -foot front yard setback for the parking lot;
(2) a 20 -foot side yard building setback where 50 feet is required; and (3) a fence and
retaining wall combination to exceed the six -foot maximum height limit. A 17,500 -
square -foot building has been constructed to date. This Addendum addresses new
information regarding the new proposed use. Specifically, it evaluates whether the
proposed establishment of a preschool at the site, a phase not previously included in
the scope of work associated with CUP 09 -01, DR 09 -01, and VAR 09 -02, will result in
any significant effect not discussed in the 2010 MND, as required by the California
Environmental Quality Act (CEQA) and in compliance with the State CEQA Guidelines.
The City of Poway, as the Lead Agency under CEQA, will consider this Addendum with
the adopted MND as part of the Applicant's amendment to the Project, identified as
CUP 15 -003 and DR 15 -001. This Addendum is an informational document, intended
to be used in the planning and decision making process, as provided for under Section
15164(b) of the CEQA Guidelines.
California Environmental Quality Act
CEQA Guidelines Section 15164(b) provides that an agency may prepare an addendum
to an adopted MND "if only minor technical changes or additions are necessary or none
of the conditions described in Section 15162 calling for the preparation of a subsequent
Environmental Impact Report (EIR) or Negative Declaration have occurred." Under
Section 15162, an agency is required to prepare a subsequent EIR or Negative
Declaration if new significant impacts or a substantial increase in the severity of a
significant environmental impact would occur due to: (1) substantial changes in the
project; (2) substantial changes to the circumstances under which the project is
undertaken; or (3) new information of substantial importance, which was not known
and could not have been known with the exercise of reasonable diligence at the time
the MND was adopted.
An addendum need not be circulated for public review, but the decision - making body
must consider the addendum with the adopted MND prior to making any further
discretionary approval of the project.
Addendum to MND Resolution No. P -15 -16
Page 4
Summary of Conclusion
Under the proposed project, CUP 15 -003 and DR 15 -001, the establishment of a
preschool for up to 60 children will not result in any new significant effects not discussed
in the previous MND. Thus, there is no need to prepare a subsequent EIR or MND.
This Addendum explains the substantial evidence that supports this determination as
required under CEQA Guidelines Sections 15162 and 15164.
Background
On June 15, 2010, the City of Poway approved CUP 09 -01, DR 09 -01, and VAR 09 -02
to establish a new approximately 30,000- square -foot cultural and spiritual center to be
constructed in several phases at 12249 9th Street, in the Rural Residential C zone.
The spiritual center will consist of four buildings: a cultural center, a spiritual center,
an administration building, and a caretaker's unit. The Variance allowed: (1) an
encroachment of the parking lot into the 40 -foot front yard setback; (2) a 20 -foot side
yard building setback where 50 feet is required; and (3) a fence and retaining
wall combination to exceed the six -foot maximum height limit. The City granted
occupancy of the first phase in the spring of 2014, which consisted of a two -story,
17,500- square -foot building and a 104 -space parking lot. The remaining phases will
be constructed as funding becomes available.
Project Description
The Chinmaya Mission has submitted applications to revise the approved CUP and DR
(CUP 15 -003 and DR 15 -001) to add a preschool for up to 60 children and 10 staff
members. The preschool will be operated using classrooms in the existing building.
A 413 - square -foot addition to the existing building is proposed to provide bathrooms
and additional storage for the preschool. The proposed addition would match the
architecture of the existing building. An outdoor lunch area with a new patio cover and
a fenced play yard are proposed to the west of the existing building within previously
developed areas of the Cultural and Spiritual Center. Pursuant to Section 17.08.100 of
the Poway Municipal Code, a preschool is permitted within the RR -C zone with the
approval of a CUP. The proposed preschool would meet all zoning development
standards.
The proposed Chinmaya Blossoms Preschool would operate Monday through Friday
and the normal school hours would be:
AM Session: 9:00 a.m. - 11:30 a.m.
Lunch period: 11:30 a.m. - 12:30 p.m.
PM Session: 12:30 p.m. - 3:00 p.m.
Extended day care would be offered in the morning from 7:30 a.m. to 9 a.m. and in the
afternoon from 3 p.m. to 5:30 p.m.
The existing parking lot will provide ample parking for the preschool use whose hours
are off -set from other activities occurring at the Chinmaya Mission Cultural and Spiritual
Center.
Addendum to MND Resolution No. P -15 -16
Page 5
Analysis
The preschool will occupy areas that were previously approved for development and,
therefore, potential impacts were covered by the previously adopted MND.
A focused traffic impact analysis for the Chinmaya Blossoms Preschool dated
October 13, 2014, was prepared by Linscott, Law, & Greenspan Engineers to evaluate
the potential traffic impact from the preschool on street segments related to Pomerado
Road and 9th Street and nearby intersections. The report considered the existing and
future traffic volumes on Pomerado Road and the hours of operation of the nearby
Pomerado Elementary School and the Legacy Montessori School. According to the
report, the traffic associated with the proposed Chinmaya Blossoms Preschool did not
exceed any traffic impact significance thresholds.
Conclusion
The analysis in the MND adopted for the original Project and the Initial Study upon
which it was based, together with the analysis in this Addendum, and report prepared by
Linscott, Law, & Greenspan Engineers, support the conclusion that implementation of
the Project will not result in any significant impacts on the environment, and the
conclusions of the MND approved for the project on June 15, 2010, remain valid.
Overall, the Proposed Project would result in similar effects to those of the Original
Project with similar operations as those which were originally proposed and would,
therefore, generate comparable effects. The Proposed Project would not result in new
significant effects or effects that would be substantially more severe than those
identified in the 2010 MND.
Pursuant to CEQA Guidelines Section 15164(b), none of the conditions described in
Guidelines Section 15162 calling for the preparation of a subsequent EIR or Negative
Declaration have occurred. Therefore, the City may rely on the 2010 MND, as updated
with this Addendum, for documentation of the effects of the Project on the environment.
Therefore, no further environmental review is required beyond this Addendum to the
2010 MND.
Certification
Robert J. Manis
Director of Development Services
Date