Poway City Council
May 17, 2022

fronting the property from either direction of approach. Address numbers shall contrast with their background and meet the City of Poway standards. The address is required at the private driveway entrance. Additional address numbers may be required where deemed necessary by the fire code official.

9. All automatic gates across fire access roadways and driveways shall be equipped with approved, emergency, key-operated switches overriding all command functions and opening gates. Dual-keyed or dual switches shall be provided to facilitate access by law enforcement.

10. A residential fire sprinkler system with a one-inch meter is required. A separate plan submittal and approval to the Poway Fire Department, Division of Fire Prevention, prepared by a licensed fire sprinkler C-16 contractor or fire protection engineer is required for the residential sprinkler system prior to installation. There is a separate fee for this plan check and inspection services.

If a one-inch lateral off the street main is currently not present, one will have to be installed. If a pressure pump is required for fire sprinkler operation, auxiliary power is required.

11. Smoke alarms shall be installed in all residential bedrooms and adjoining hallways. They shall be hard-wired, with a battery backup, and interconnected.

12. Carbon monoxide alarms shall be installed in residential hallways adjoining bedrooms, and on each separate floor. The carbon monoxide alarm shall be hard-wired, with a battery backup, and interconnected.

13. Each chimney used in conjunction with any fireplace shall be equipped with an approved spark arrester.

14. If liquefied gas (propane) is used as a primary utility source, show the tank size, location of the tank on the parcel, orientation of the tank to building, and the method of securing the tank to the ground, on the building plans.

15. If a commercial kitchen hood and duct is used, an approved fire suppression system shall be installed. A separate kitchen fire suppression system plan submittal to the fire department is required for review and approval prior to installation.

MORA 21-023 shall expire on February 15, 2024, at 5:00 p.m., unless a Building Permit has been issued, and construction or use of the property in reliance on this permit has commenced.

If you have any questions you may contact me by phone at (858) 668-4658 or via email at [email protected].

Sincerely,

DE, LO PM ENT SERVICES DEPARTMENT
~ii
Austin Silva, AICP
Senior Planner
23 of 137
May 17, 2022, Item #10

JUBENVILLE
166
44 VALLE
VERDE
ROAD
POWAY
,

CALIFORNIA
92064
February
25,
2022
Bob
Manis
Director
of
Development
Services
City
of
Poway
13325
Civic
Center
Drive
Poway
, CA
92064

LIBENSON
16638
VALLE
VERDE
ROAD
POWAY
, CALIFORNIA
92064
RE:

Minor Development
Review
Application
(MORA)
21-023;
APN
275-032-04
Dear
Mr.

Manis,
eceived
City
Clerk
's
Offi
ce
FEB
2 5 202
2 Cit¥
of
Powa~
In
accordance
with
section

2.20.020
of
the
Poway
Municipal
Code
("PMC"),
we
write
to
appeal
the
approval
of
Minor
Development
Review
Application
No.
21-023
(APN
275-032-04)
("Hospice
MDRA"),
which
relates
to
the
proposed
construction
of
a
hospice
facility
("Hospice
Facility")
by
Sharp
Healthcare
("Sharp")
at
16752
Espola
Road,
Poway,
CA
92064
("Subject
Property").

As
described
below,
the
findings
and
determinations
in
the
letter
approving
the
Hospice
MDRA
are
inappropriate
for
a multitude
of
reasons
including
that
(i)
they
were
reached
without
sufficient
notice
to,
and
input
from,
the
community
which
the
Hospice
Facility
will
impact;
(ii)
they
were
reached
after
misapplication
of
the
PMC
with
respect
to
development
review
procedures;
(iii)
they
are
inconsistent
with
applicable
Poway
zoning
ordinances
and
definitions,
including
those
applicable
to
the
Green
Valley
neighborhood;
and
(iv)
they
are
inconsistent
with
the
inevitable
aesthetic,
economic,
safety
and
traffic
impacts
that
the
Hospice
Facility
will
have
on
Green
Valley
and
its
property
owners.

Accordingly,
the
undersigned
request
that
the
approval
be
revoked
until
and
unless
the
issues
outlined
below
are
resolved
to
the
satisfaction
of
the
broader
community.

Applicable
PMC
Sections
The
following
is
a
brief
summary
of
the
known
PMC
sections
that
are
relevant
and
applicable
to
the
current
issue.
1 •
Chapter

2.20,
et
seq.
("Administrative
Appeals")
•
Chapter
17 .04,
et
seq.
("Definitions")
•
Chapter

17.08,
et
seq.
("Residential
Zones")
1 There
may
be
additional
relevant
PMC
sections,
and
the
undersigned
reserve
their
rights
to
cite
to,
and
rely
upon,
additional
relevant
sections
in
the
future.
24 of
137

ATTACHMENT
F
May 17, 2022, Item #10
Bob
Manis
-
Director
of
Development
Services
, City
of
Poway
Re
: Minor
Development
Review
Application
(MORA)
21-023
Page2 February
25 , 2022
•
Chapter

17.52,
et
seq.
("Development
Review
Procedure")
•
Ordinance
List
and
Disposition
Table
Relevant
Background
The
Subject
Property
The
Subject
Property
is
located
at
the
corner
of
Espola
Road
and Valle
Verde
Road
at
the
entrance
to
several
neighborhoods,
including
Valle
Verde
Estates,
Green
Valley
and
Silver
Saddle
Estates.

These
neighborhoods
contain
mature
trees
and
landscaping
and
have
a bridle
trail
system
running
through
them
which
offers
residents
an
opportunity
to
stay
active
and
explore
nature
. The
Subject
Property
is
also
directly
across
the
street
from
Valle
Verde
Neighborhood
Park,
which
is
frequented
by
groups
ranging
from
sports
teams
to
the
Boy
Scouts
to
Green
Valley
residents
walking
their
dogs
and
miniature
horses.

In
short,
the
Subject
Property
is
the
gateway
to
Green
Valley
-
the
first
thing
its
residents
see
when
they
arrive
home,
and
the
last
thing
they
see
before
they
exit
to
conduct
their
business
or
transport
their
children
to
school
in
other
parts
of
the
City.

The
Subject
Property
is
zoned
as
residential
rural
("RR-C")
which,
per
PMC

17.08.020,
"is
intended
as
an
area
for
very
low
density
residential
uses
with
minimum
lot
sizes
of
one
acre
and
maximum
densities
of
one
unit
per
acre.

Additional
uses
are
permitted
that
are
complementary
to,
and
can
exist
in
harmony
with,
a rural
residential
neighborhood."
There
is
no
property
that
is
zoned
"commercial,"
or
that
has
even
a
hint
of
commercial
use,
for
miles
and
miles
from
the
Subject
Property.

This
makes
sense
given
that
the
residents
of
Green
Valley
have
made
substantial
economic and
personal
investments
in
Poway
with
an
expectation
of
the
peace
and
quiet,
privacy
and
safety
of
a rural
residential
neighborhood.

The
Sale
of
the
Subject
Property
and
Details
Regarding
the
Proposed
Hospice
On
or
about
March
15,
2021,
Sharp
purchased
the
Subject
Property
for
$900,000
in
an
off­
market
transaction
where
the
real
estate
agent/broker
represented
both
the
buyer
and
the
seller.

Thereafter,
Sharp
put
in
motion
a
process
for
gaining
approval
to
build
a
six-bedroom
hospice
facility,
complete
with
a
loading
bay
for
the
transfer
of
deceased
hospice
patients,
handicapped
and
electronic
vehicle
parking
spaces,
perimeter
lighting
and
facilities
for
the
delivery
of
medical
services.

None
of
these
uses
fall
within
the
definition
of
a "residential
care
facility"
established
by
the
state
agency
charged
with
licensing
such
facilities.

Rather,
these
uses
fall
within
the
definition
of
a
"hospice
facility,"
which
facilities
are
licensed
and
regulated
by
a
completely
different
agency.

As
discussed
below,
the
distinction
between
"residential
care"
and
"hospice"
limits
the
ability
of
the
City
of
Poway
to
approve
the
proposed
Hospice
Facility
on
the
Subject
Property.

The
exterior
of
the
proposed
Hospice
Facility
has
a large
driveway
with
an
entrance
not
on
Espola
(where
an
existing
entry
to
the
property
exists),
but
on
Valle
Verde
Road
(i.e.,
inside
the
existing
residential
subdivision
where
people
frequently
walk,
ride
bikes,
and
exercise
their
animals).

Moreover,
while
the
parcel
is
currently
significantly
below
grade,
the
development
plans
call
for
the
proposed
Hospice
Facility
to
be
at
street
level.

The
proposed
change
in
grading,
coupled
with
the
uses
described
above,
the
multiple
guests,
delivery
vehicle,
handicapped
and
EV
parking
25 of
137
-2-
May 17, 2022, Item #10
Bob Manis -Director of Development Services, City of Poway Re: Minor Development Review Application (MORA) 21-023

February 25, 2022
spaces, and the perimeter parking lighting make the proposed project a commercial operation that will intrude on a rural residential neighborhood. It is disingenuous to suggest that the proposed project is simply a new home that happens to house six residential care patients.

Although unclear, it appears that the City insisted on changes to several elements of Sharp's initial vision for the proposed Hospice Facility -including insisting that the driveway, which Sharp initially proposed be on Espola, be relocated to Valle Verde Road. It is unclear whether, before reaching this conclusion, the City undertook any analysis of traffic safety concerns on Espola or Valle Verde Road. We understand that CEQA may afford an exemption from a formal traffic study, but note that this is a commercial enterprise with ambulances in, hearses and black vans out, linen trucks, food trucks, cars of nurses, doctors and other staff, and (sadly) no shortage of distraught relatives. The presence of all of these different types of vehicles creates a serious safety issue-whether it's our children, someone's grandchildren, or any of our neighbors walking along Valle Verde to a park or just through the neighborhood, there will be a sudden and significant increase in the number of vehicles on Valle Verde Road, driven by people not familiar with the neighborhood or otherwise distracted. It's ironic that the Poway Engineering Department apparently focused on safety issues related to Espola Road, but claims to "have its hands tied" in addressing the safety of its taxpayers and their families in Green Valley. Please note that on February 18, 2022, the undersigned requested the details of any traffic analysis conducted in respect of this project. This request was made to a senior planner at the City of Poway. As of this filing, no materials have been provided.

Before and after it purchased the Subject Property, it appears that Sharp was able to gain momentum for the proposed Hospice Facility by filing necessary paperwork, coordinating with wealthy donors, and speaking with a select few City officials and employees. One thing that Sharp and the City did not do, however, was provide notice to the broader community about the proposed Hospice Facility, or seek input from the residents of Green Valley. Indeed, for all intents and purposes, until demolition of the prior structure began on the Subject Property during the week of February 7, 2022, the proposed Hospice Facility was kept a secret.

After the undersigned noticed the heavy equipment on the property, they contacted several City officials, at least one individual at the City planning department, and had a one-hour telephone meeting with a representative of Sharp. To date, however, the undersigned have not received complete, timely or satisfactory answers to their various questions. Moreover, even as of today, only a select few Green Valley residents are aware of the proposed Hospice Facility's existence - although those that have been contacted have expressed uniform concern regarding not only the lack of notice, but the substance of the project.

The irony is not lost on Green Valley homeowners that Sharp was apparently able to reach out to its donor network to fund this project, but could not be bothered to reach out to its proposed neighbors in Green Valley. It is not a good look for either Sharp or the City to hide behind a code provision that requires notice only to homeowners within 500 feet of the Subject Property-which resulted, in this case, in notice being provided to just three homeowners ( of whom only two responded).
26 of 137 -3-
May 17, 2022, Item #10
Bob
Manis
-
Director
of
Development
Services,
City
of
Poway
Re:

Minor
Development
Review
Application
(MORA)
21-023
Page4 February
25,
2022
The
Approval
of
the
Hospice
MDRA
On
February
15,
2022,
even
though
the
undersigned
had
various
unanswered
questions
pending
with
the
City,
the
Planning
Department
issued
a
letter
to
Sharp
approving
the
Hospice
MDRA
("Hospice
MDRA
Approval
Letter").

The
Hospice MDRA
Approval
Letter
allows
for
the
construction
of
a 6,670
square-foot
hospice
facility
with
an
attached
431-square-foot
garage
-
a
facility
that
is
far
larger
than
most
of
the
truly
residential
homes
in
the
area.

The
Hospice
MDRA
Approval
Letter
contains,
among
others,
the following
findings:
•
The
project
conforms
with
applicable
provisions
of
the
PMC,
including
Poway's
zoning
code;
•
The
project
minimizes
impacts
on
surrounding
development
and
is
compatible
with
surrounding
residential
development;
•
The
project
will
not
be
materially
detrimental
to
the
public
health,
safety
or
welfare
within
the
community;
•
The
project
will
not
have
an
adverse
effect
on
the
aesthetics,
health
and
safety
of
the
community;
•
The
project
is
compatible
in
design
with
the
surrounding
residential
development;
and
•
The
project
respects
and
recognizes
the
interdependence
of
land
values
and
aesthetics
to
the
benefit
of
the
City.

Importantly,
the
Hospice
MDRA
Approval
Letter
does
not
detail
the
scope
of
the
review
conducted,
the
documents
or
materials
reviewed,
the
people
consulted
in
the
process,
nor
does
it
provide
any
reasoning
or
justification
whatsoever
for
its
"findings."
The
Reasons
for
Appeal
of
the MDRA
Hospice
Approval
Letter
In
accordance
with
PMC
section

2.20.020.6,
the
Appellants
are
appealing
the
MDRA
Hospice
Approval
Letter
for
the
reasons
set
forth
below:

The
Hospice
MDRA
Approval
Letter
Does
Not
Comply
With
PMC
Guidance
Regarding
the
Purpose
of
Development
Review
Procedures
PMC

17.52.010
requires
that
the
City
maintain
a development
review
procedure
in
order
to,
among
other
things,
(i)
"[
m
]aintain
the
public
health,
safety
and
general
welfare,
and
property
throughout
the
City,";
(ii)
"[r]easonably
ensure
that
new
developments,
including
residential
...
do
not
have
an
adverse
aesthetic,
health,
safety
or
architecturally
related
impact
upon
existing
adjoining
properties,
or
the
City
in
general;"
and
(iii)
"[ e ]nsure
that
the
proposed
development
complies
with
all
of
the
provisions
of
the
zoning
ordinance
and
the
general
plan."
The
Hospice
MDRA
Approval
Letter
fails
to
comply
with
the
provisions
of
section

17.52.010,
as
it
fails
to
detail
the
scope
of
the
review
conducted
by
the
City
Planning
Department,
disclose
the
documents
or
materials
reviewed,
or
cite
the
people
consulted
in
the
process.

Moreover,
it
does
not
provide
any
reasoning
or
justification
whatsoever
for
its
findings,
instead
choosing
to
list
them
in
conclusory
fashion.

And
while
it
is
not
surprising
that
a process
that
was
conducted
predominantly
behind
closed
doors
would
not
include
these
items
-
much
less
note
if
27 of
137
-4-
May 17, 2022, Item #10
Bob
Manis
-
Director
of
Development
Services,
City
of
Poway
Re:

Minor
Development
Review
Application (MORA)
21-023
Page
5 February
25,
2022
there
were
any
opposing
views
or
contrary
opinions
-
this
manner
of
proceeding
does
not
pass
muster.

In
order
to
fulfill
its
obligations
to
Poway's
taxpayers,
the
City
must
not
only
provide
justification
for
the
findings
upon
which
it
relied
and
disclose
contrary
views
on
the
project,
it
must
also
make
available
to
the
public
the
materials
on
which
it
relied.
2 There
Has
Been
Inadequate
Notice
To,
and
Input
From,
Residents
of
Green
Valley
Regarding
the
Proposed
Hospice
Facility
As
detailed
above,
only
a select
few
individuals,
including
wealthy
donors,
various
City
political
figures,
a small
number
of
people
from
the
City
(including
individuals
at
the
Planning
Department
and
Engineering
Department)
have
been
involved
in
the
process
of
evaluating
and
approving
the
proposed
Hospice
Facility.

Left
in
the
dark
have
been
those
that
would
have
the
most
important
input
of
all:
the
residents
in
Green
Valley
that
will
have
to
live
and
raise
their
families
in
a community
impacted
by
the
proposed
Hospice
Facility.

Certainly,
it
is
true
that
the
City
is
not
required
to
provide
notice
to,
and
seek
input
from,
the
community
every
time
a property
in
a residential
zone
changes
ownership,
or
every
time
an
owner
seeks
to
build
on,
or
modify,
a
residential
property.

In
this
instance,
however,
as
described
further
below,
the
proposed
Hospice
Facility
is/ar
from
a typical
project.

Notably,
PMC
section

17.08.020
also
states
that,
"no
property
zoned
...

RR-C
shall
be
rezoned
to
a zone
...
which
would
. . .
change
the
uses
permitted
thereon
to
allow
commercial
or
manufacturing
uses
until
and
unless
such
rezoning
. . . is
approved
by
ordinance
adopted
by
the
voters
of
the
City
at
a special
or
general
election
...
"
And
while
not
directly
applicable
to
the
lack
of
notice
here,
it
is
clear
that
when
this
section
of
the
City
was
zoned
as
RR-C,
those
who
designated
it
so
were
very
serious
about
it
staying
as
such
unless
the
will
of
the
people
changed.

Here,
not
only
has
no
election
taken
place,
but
very
few,
if
any,
residents
even
know
about,
much
less
have
been
involved
in,
the
process.

Such
oversights
are
clearly
contrary
to
the
spirit
of
the
Poway'
s zoning
provisions,
and
should not
happen.

When
projects
like
this
are
proposed,
it
is
incumbent
upon
elected
officials
and
administrators
to
seek
and
consider
input
from
the
community.

Doing
so
not only
allows
all
opinions
to
be
heard,
but
helps
all
parties
avoid
the
costly
approval,
regulatory,
demolition,
and
construction
processes
in
the
event
that
it
is
determined
that
the
proposed
project
is
not
permitted
or
welcome
in
the
community.

Here,
far
from
providing
sufficient notice
to
the
appropriate
constituencies,
the
group
advocating
the
proposed
Hospice
Facility
has
essentially
operated
under
the
radar.

Had
the
project
proponents
given
proper
notice
and/or
sought
feedback,
they
would
have
learned
that
many
2 PMC
section

17.52.060
states
that
within
60 days
of
the
date
when
a
MDR
application
is
deemed
"complete"
by
the
Director
of
the
planning
department,
the
City
Council
shall
approve,
conditionally
approve,
or
disapprove
the
application.

It
is
unclear
whether
that
provision
has
been
complied
with
in
this
instance.

If
it
was,
it
is
not apparent
from
the
public
record
whether
a hearing
took
place
or,
in
accordance
with

17.52.060,
the
Council
failed
to
act,
and
the
application
was
deemed
"approved."
Either
way,
this
manner
of
proceeding
is
not
sufficient
to
provide
Green
Valley
residents
the
opportunity
they
deserve
to
provide
input
on
the
proposed
Hospice
Facility.
28 of
137
-5-
May 17, 2022, Item #10
Bob
Manis
-
Director
of
Development
Services,
City
of
Poway
Re:

Minor
Development
Review
Application
(MORA)
21-023
Page6 February
25,
2022
residents
of
Green
Valley
believe
that
such
a facility
would
be
barely
-
if
at
all
-
residential
in
nature,
and
certainly
would
not
fit
in
with
the
surrounding
community.

That
said,
to
be
sure,
there
are
certain
elements
of
the
proposed
Hospice
Facility
that
select
residents
of
Green
Valley
might
believe
are
meritorious,
and
that
they
would
be
willing
to
accept.

Without
notice
and
subsequent
public
discourse,
however,
it
is
impossible
to
know
for
sure.

Accordingly,
we
ask
that
the
approval
in
the
MDRA
Hospice
Approval
Letter
be
revoked
until
time
can
be
spent
notifying
the
community
through
usual
means,
and
conducting
public
discussion,
including
at
City
Council,
regarding
the
various
benefits
and
detriments
of
the
project.

As
Currently
Contemplated,
the
Hospice
Facility
Is
Not
Complementary
To,
and
In
Harmony
With,
Our
Rural
Residential
Neighborhood
The
Subject
Property
is
zoned
as
RR-C,
which
is
intended
"for
very
low
density
residential
uses
with
minimum
lot
sizes
of
one
acre
and
maximum
densities
of
one
unit
per
acre.

Additional
uses
are
permitted
that
are
complementary
to,
and
can
exist
in
harmony
with,
a rural
residential
neighborhood."
See
PMC

17.08.020
(emphasis
added).

The
PMC
also
states
that,
"no
property
zoned
...

RR-C
shall
be
rezoned
to
a zone
...
which
would
...
change
the
uses
permitted
thereon
to
allow
commercial
or
manufacturing
uses
until
and
unless
such
rezoning
. . .
is
approved
by
ordinance
adopted
by
the
voters
of
the
City
at
a special
or
general
election
...
"3
For
at
least
the
following
reasons,
the
Appellants
believe
that
the
proposed
Hospice
Facility
is
not
complementary
to,
and
therefore
cannot
exist
in
harmony
with,
our
rural
residential
neighborhood:

First,
it
is
obvious
from
a
cursory
review
of
the
available
plans,
materials
and
feedback
from
Sharp
that
the
proposed
project
is
not
really
a "residential
care
facility"
at
all.

Rather,
it
is
a
commercial
hospice
that
would
be
run
by,
and
used
to
support
the
operations
of,
a major
hospital
system.

The
State
of
California
contemplates
that
a residential
care
facility
is
essentially
a non­
medical
facility
for
the
elderly
or
ill
to
stay
for
long
periods
of
time.

A
hospice
facility,
on
the
other
hand,
contemplates
short-term
stays
and
the
provision
of
medical
services
(including
staffing
with
medical
personnel
and
the
storage
of
controlled
substances).

Significantly,
the
Poway
Municipal
Code
does
not
contain
a
definition
of
"hospice
facility."
In
the
absence
of
such
a
definition,
the
City
of
Poway
should
look
to
the
differing
definitions
of
"residential
care"
and
"hospice"
established
by
the
relevant
State
of
California
licensing
authorities.

The
distinctions
in
definition
and
licensing
support
Appellants'
view
that
the
proposed
Hospice
Facility
should
not
be
treated
as
a new
residence
that
happens
to
have
six
bedrooms
housing
the
elderly
or
ill.
4 Rather,
3 Id.

The
Appellants
are
unaware
that
any
election
has
occurred
that
could
have
changed
the
zoning,
so
the
proposed
Hospice
Facility
must
comply
with
the
provisions
of
PMC

17.08.020
regarding
RR-C
zoning.
4 Moreover,
PMC
section

17.08.100
categorically
prohibits
residential
care
facilities
for
seven
to
15 residents
in
areas
zoned
RR-C.

That
is,
PMC
clearly
recognizes
that
seven-patient
facilities
are
too
large
and
commercial
to
be
complementary
to,
and
in
harmony
with,
a rural
residential
neighborhood
.

At
six
bedrooms,
Sharp's
proposed
project
falls
just
under
section
17 .08.1
00's
limit
for
RR-C
zoning.

Even
29 of
137
-6-
May 17, 2022, Item #10
Bob
Manis
-Director
of
Development
Services,
City
of
Poway
Re:

Minor
Development
Review
Application
(MORA)
21-023
Page
7 February
25,
2022
the
City
of
Poway
should
look
at
the
proposed
project
for
what
it
is-a
commercial
enterprise
wholly
incompatible
with
the
residential
nature
of
Green
Valley. Indeed,
no
existing
homes
or
facilities
for
miles
exhibit
characteristics
similar
to
the
proposed
Hospice
Facility.

This
is
a facility
that
Sharp
is
desperately
trying
to
call
a camel,
even
though
it
walks
and
quacks
like
a duck.

Second,
the
proposed
Hospice
Facility
would
increase
the
volume,
and
change
the
nature,
of
traffic
in
the
Green
Valley
neighborhood. The
fundamental
nature
of
hospice
operations
-
patient
stays
measured
in
weeks
or
days,
significant
numbers
of
medical
and
support
personnel,
and
many
visitors
-
would
lead
to
a
steady
stream
of
traffic,
including
patient
transports,
ambulances,
funeral/coroner
vehicles,
linen
and
food
delivery
vehicles,
shift
changes, doctor
visits,
family
member
visits,
regulatory
visits,
etc.

The
increased
volume
of
traffic
on
Valle
Verde
Road
and
the
transitory
nature
of
the
hospice
traffic
not
only diminishes
the
quality
of
the
neighborhood,
but
also
presents
safety
concerns.

As
you
know,
Green
Valley
does
not
have
sidewalks.

You
also
know
that
the
portion
of
Valle
Verde
Road
adjacent
to
the
proposed
Hospice
Facility
has
substantial
pedestrian
and
cyclist
activity.

You
also
know
that
there
is
nothing
that
precludes
hospice
parking
on
Valle
Verde
Road
(we
understand
that
the
proposed
design
includes
parking
spaces,
but
have
also
been
told
that
there
is
nothing
that
precludes
overflow
parking
on
Valle
Verde
Road).

This
is
a bad
combination
that
poses
serious
safety
concerns.

The
City
of
Poway
must
talce
seriously
its
obligations
to
the
Green
Valley
neighborhood
and
take
the
steps
necessary
to
ensure
that
parking
restrictions
are
imposed
and
that
ingress
and
egress
to
any
project
is
located
on
Espola
Road
rather
than
Valle
Verde
Road.

Third,
the
current
ingress
and
egress
for
the
proposed
Hospice
Facility
is
located
directly
on
Valle
Verde
Road
(i.e.,
inside
the
Valle
Verde
Ranch
community),
even
though
the
property
fronts
Espola
Road.

Melody
Rocco
of
the
City
of
Poway
Engineering
Department
was
kind
enough
to
explain
that
the
Poway
General
Plan
contemplates
that
prime
and
major
arterials
are
intended
to
provide
"a
high
level
of
mobility
for
through
traffic
with
restricted
access
to
adjacent
properties."
She
confirmed
that
this
is
the
"preferred"
approach,
but
that
the
General
Plan
does
not
prol,ibit
new
driveways
on
Espola.

She
also
indicated
that
Sharp
initially
requested
ingress/egress
from
Espola
Road,
but
that
this
request
was
rejected
in
favor
of
ingress
and
egress
from
Valle
Verde.

We
note
that
the
General
Plan
also
addresses
"residential
collectors"
(such
as
Valle
Verde
Road)
and
provides that
the
"design
capacity"
for
residential
collectors
is
determined
by
reference
to
"an
acceptable
level
of
traffic
consistent
with
the
quality
oflife
in
residential
areas."
As
set
forth
immediately
above,
the
increased
volume,
and
the
change
in the
nature,
of
the
traffic
on
Valle
Verde
will
not
be
consistent
with
the
existing
quality
of
life
in
Green
Valley.

We
demand
that
the
City
revisit
the
ingress/egress
for
the
proposed
Hospice
Facility.

In
particular,
the
City
should
consider
the
location
of
the
existing
Espola
entrance
to
the
Subject
Property.

We
note
that
the
General
Plan
contemplates
"design
speeds
of
45 mph
to
55 mph
for
prime
and major
arterials."
We
also
note,
however,
that
there
is
a stop
light
at
the
corner
of
Espola
and
Valle
Verde
and
that
any
vehicle
turning
from
Espola
on
to
Valle
Verde
is
traveling
at
speeds
far
less
than
45 mph
( closer
to
10 mph).

The
City
should
assess
the
mechanics
and
safety
of
an
Espola
entrance
to
the
Subject
Property
(taking
into
consideration
alternatives
for
eastbound
and
westbound
traffic
and
though
it
may
barely
slide
under
Poway's
zoning
requirement
for
a "residential
care
facility,"
nothing
about
the
number
of
beds
changes
the
fact
that
the
project
is
not
a "residential
care
facility."
30 of
137
-7-
May 17, 2022, Item #10
Bob Manis -Director of Development Services, City of Poway Re: Minor Development Review Application (MORA) 21-023

February 25, 2022
the differences between guest and delivery/patient transport vehicles). It would be ironic for the City to take the position that the General Plan requires the City to shift the Subject Property entrance to Valle Verde Road, which would significantly decrease the safety of users of Valle Verde Road.

Fourth, the plans for the proposed Hospice Facility do not make clear how the transfer of patients will work or whether transfers will be visible from Valle Verde Road. It is entirely inappropriate to impose a high level of patient transfers on a quiet residential neighborhood that includes families with young children.

Fifth, the presentation and the site plans indicate that handicapped and electronic vehicle parking spaces and charging stations would be easily visible from Valle Verde Road, and that the driveway would be at the same grade of Valle Verde Road. Having these commercial parking spaces in plain view from Valle Verde Road is inconsistent with the residential character of Valle Verde Ranch/Green Valley. Moreover, it is unclear whether overflow parking will be directly on Valle Verde-this would be unacceptable from both an aesthetic and safety perspective. Although we have been reassured by the City Planner that the northern driveway entrance to the Subject Property has been eliminated to shield handicap spaces from the Valle Verde line of sight, we have not received any assurance with respect to the handling of overflow parking.

Sixth, given that this is a commercial operation that is being imposed on a residential neighborhood, it has the potential to directly and negatively affect property values. It is superbly ironic that Poway' s "City in the Country" sign is only two blocks west of the proposed Hospice Facility.

It is for these reasons among others that the currently proposed Hospice Facility is not complementary to, nor can it exist in harmony with, the Valle Verde neighborhood. Accordingly, the Appellants request that the approval in the MORA Hospice Approval Letter be revoked until and unless the issues outlined above can be resolved to the satisfaction of the broader community.

Additional Grounds To Revoke and/or Modify the MDRA Hospice Approval Letter Although not directly applicable here given that this is an appeal, Appellants call your attention to PMC section 17.52.100, which states that "a development review approval may be revoked or modified" on any one or more of the following grounds:
31 of 137
• That such development review approval was obtained or extended by fraud - Appellants are not currently aware of evidence that would support such a finding; • That one or more of the conditions upon which such development review approval was granted have been violated -Appellants are not currently aware of evidence that would support such a finding;
• That the use for which the development review approval was granted is so conducted as to be detrimental to the public health or safety, or as to be a nuisance -Although Appellants recognize that this provision likely applies to uses once the -8-
May 17, 2022, Item #10
Bob
Manis
-
Director
of
Development
Services,
City
of
Poway
Re:

Minor
Development
Review
Application
(MORA)
21-023
Page
9 February
25,
2022 proposed
Hospice
Facility is
built
and
becomes
operational,
Appellants
believe
that
the
contemplated
use
is
potentially
detrimental
to
public
health
and
safety
due
to
the
concerns
cited
above.

We
note
that
controlled
substances
will
be
stored
at
the
proposed
Hospice
Facility.

We
are
unaware
of
the
steps
required
to
be
taken
to
protect
against
criminal
activity
potentially
arising
by
reason
of
the
presence
of
controlled
substances
on
the
Subject
Property.

Accordingly,
the
Director
could
justify
revocation
of
the
approval
from
the
MORA
Hospice
Approval
Letter
on
these
grounds;
and
•
That
construction
on
the
subject
property
is
not
in
conformance
with
the
development
review
approval
or
other
applicable
requirements
-
Given
that
demolition
has
just
begun,
Appellants
are
not
currently
aware
of
evidence
that
would
support
such
a finding.

In
sum,
for
the
same
reasons
outlined
above
-
which
were
written
in
order
to
ensure
compliance
with
the
standard
articulated
in
PMC
section

2.20.020.6
-
the
Director
could
and
should
justify
revocation
of
the
approval
from
the
MDRA
Hospice
Approval
Letter
pursuant
to
PMC
section

17.52.100.

The
Appellants'
Interest
in
the
Appeal
The
Appellants
are
residents
of
Green
Valley
who
are
both
homeowners,
and
have
families
with
multiple
school-aged
(and
pre-school-aged)
children.

As
such,
the
Appellants
are
concerned
that
any
uses
of
property
in
their
neighborhood
that
do
not
conform
to
local
rules
and
zoning
requirements
could
fundamentally
change
the
nature
of
their
homes and
their
lives
in
Poway.

Summary
and
Conclusion
As
detailed
above,
Sharp's
proposed
Hospice
Facility
is
not
in
compliance
with
applicable
Poway
laws,
regulations
and
ordinances.

Accordingly,
the
Appellants
and
other
concerned
residents
with
whom
we
have
spoken
request
that
demolition
on
the
site
be
halted,
and
that
the
approval
granted
in the
MDRA
Hospice
Approval
Letter
be
revoked,
until
and
unless
the
issues
outlined
above
are resolved
to
the
satisfaction
of
the
broader
community.

Sincerely,
I /I,
t[_-:-:---.....
i
r-
·
1/fl,7
/ [(
1 ,
;
I IUI
'/
.-{l
-::!fJ_(,,
.-r,
.>
Matt
Jubenville
lhA+-1-jv
)~
Q
JM
1'/.
cM
Clark
Libenson
c
I,· l:,o
t $or1Q
"l
l/~11 ,n~f
/.c,,.,,
s. Ct7A-t
{_,
I 1 -
2-
S-2
-
5""'
'ii 2..
/; I q
.. q
2 l-0
1 2.1
cc:

Steve
Vaus
(via
email
[email protected])
Barry
Leonard
(via
email
[email protected])
Austin
Silva
(via
email
[email protected])
32 of
137
-9-
May 17, 2022, Item #10
TO: DATE
OF
APPROVAL:

SUBJECT: LOCATION: DATE

NOTICES
MAILED:

NUMBER
MAILED:

AFFIDAVIT
OF

MAILING

PROPERTY OWNERS
NOTICE

PLANNING

DIVISION
January
24,
2022
MORA
21-023/Sharpe
Mountain
View
Hospice
16752
Espola
Rd,
APN:
275-032-04
January
13,
2022
6 I declare
under
penalty
of
perjury
under
the
laws
of
the
State
of
California
that
I am
employed
by
the
City
of
Poway
and
the
foregoing
is
true
and
correct.

DEVELOPMENT

SERVICES
I
} i.3
/zoZL
(Signature)
(Date)
Attachments:
1)
Mailing
Labels
2)
Notice
w/
attachments
33 of
137

ATTACHMENT
G
May 17, 2022, Item #10
STEVE
VAUS,
Mayor
JOI-IN

MULLIN,
Deputy
Mayor
CA
YUN
FRANK,
Councilmcmber
D
1\ VE

GROSCH,
Councilmembcr
Br\RRY

LEONARD
, Councilmembcr
January
13,
2022
CITY
OF
POWAY

PROPERTY
OWNER
NOTICE
NOTICE
IS
HEREBY
GIVEN
that
the
City
of
Poway
Development
Services
Department
has
concluded
its
review
and
is
scheduled
to
approve
the
following
project
after
January
24,
2022.

Project
Name/Number:

Location/APN: Owner: Applicant: Request:

Sharp
Mountain
View
Hospice/MDRA21-023
16752
Espola
Road/APN:
275-032-04
Sharp
Healthcare
Solana
Vista
Builders
(Keith
Kulberg)
To
construct
a
single-family
residence
with
six
bedrooms
to
be
used
as
a
residential
care
facility
(hospice).

The
plans
for
this
project
are
available
for
review
at
the
Development
Services
Department,
Planning
Division,
13325
Civic
Center
Drive
.

If
you
wish
to
express
comments
in
favor
of
or
against
the
proposed
project
you
may
submit
those
in
person
or
in
writing
to
the
project
planner,
Austin
Silva,
Senior
Planner.

No
further
notice
concerning
this
project
will
be
sent
to
you
unless
you
specifically
request
it.

You
have
the
right
to
appeal
the
approval
to
the
City
Council. The
appeal
must
be
filed
in
writing
within
10 calendar
days
of
the
approval,
and
must
be
accompanied
by
the
$765
appeal
fee
.

Please
contact
the
City
Clerk's
office
at
(858)
668-4530
for
further
information.

A
~vYv
S Llvev
[email protected] Phone
(858)
668-4658
Fax
(858)
668-1211
City
Hall
Located
at
133
25 Civic
Center
Drive
34 of
137
Mailing
Address:

P.O.

Box
789,
Poway,
California
92074-0789
www.poway.org
May 17, 2022, Item #10
273-171-01-00 LEV
OVADIA
&
AMILIA
14346

TWISTED
BRANCH
RD
POWAY,
CA
92064
275-032-04-00 SHARP

HEALTHCARE
8520
TECH
WAY
SAN
DIEGO,
CA
92123
275-041-13-00 SCHACK

KATHLEEN
B
13232
CALLE
COLINA
POWAY,
CA
92064
273-820-24-00 CITY
OF
POWAY
PUBLIC
AGENGY­
.PGnAY,
GA-9~
275-032-05-00 KNUTH
FAMILY
TRUST
10-22-14
16744
VALLE
VERDE
RD
POWAY,
CA
92064
-
7 PRINTED
-
!1D
t/J 2.1
· DZ
3 L
vf!3-£L$
/ fl v<:/,1
~, /
. ./
275-032-03-00 SAPIRO
FAMILY
TRUST
02-23-16
16766
ESPOLA
RD
POWAY,
CA
92064
275-041-01-00 HUNTSMAN
EDWARD
&
WANDA
M
FAMILY
TRUST
16736
ESPOLA
RD
POWAY,
CA
92064
May 17, 2022, Item #10
April
29,
2022
VIA

ELECTRONIC
MAIL
Mayor
Steve
Vaus
Councilmember
John
Mullin
Councilmember
Dave
Grosch
Councilmember
Caylin
Frank
Councilmember
Barry
Leonard
Poway
City
Hall
13325
Civic
Center
Drive
Poway,
CA
92064
Carrie
Gallagher
Poway
City
Clerk
Poway
City
Hall
13325
Civic
Center
Drive
Poway,
CA
92064
Re:

Sharp
HealthCare's
Response
to
Neighbor
Appeal
of
DSD
Approval
of
MORA
21-023
Dear
Mayor
Vaus
and
Councilmembers:

Thank
you
for
taking
the
time
to
review
the
appeal
filed
by
Mr
. Jubenville
and
Mr.

Libenson ("Appellants"),
the
Green
Valley
neighborhood
residents
who
are
opposing
the
City
Director
of
Development
Services'
(DSD)
proper
approval
on
February
15,
2022,
of
a
Minor
Development
Review
Application
(MORA
21-
023)
authorizing
development
of
a
much-needed
six-bed
single
family
home
to
be
used
as
a
facility
providing
hospice
services
("Project")
at
16752
Espola
Road,
Poway
, CA
92064
("Property").

This
letter
provides
additional
legal
and
factual
support
for
the
City's
approval
of
the
MORA
and
Sharp
HealthCare's
("Sharp")
response
to
the
claims
made
in
the
appeal.

Due
to
the
fact
that
Sharp
has
been
providing
hospice
for
County
residents
and
City
of
Poway residents
for
over
twenty
(20)
years,
we
have
extensive
experience
operating
similar
facilities
and
integrating
into
residential
communities,
and
none
of
the
concerns
expressed
in
the
appeal
are
real
problems
at
our
three
(3)
other
home-like
residential
facilities
that
provide
hospice
services
. Sharp
appreciates
this
opportunity
to
provide
clarifications
and
assurance
to
the
City
and
our
neighbors
in
Poway,
as
an
experienced
hospice
provider,
that
the
Project
is
appropriate
for
this
location
and
will
allow
Sharp
to
continue
to
serve
City
and
Green
Valley
residents
in
a
residential
environment
closer
to
their
families.

Individuals
unfamiliar
with
the
operation
of
such
facilities
may
not
understand
the
vital
role
they
play
in
allowing
residents
and
their
family
members
to
spend
their
final
days
together
in
a
comfortable,
peaceful
setting,
free
from
the
concern
of
physical
and
medical
caregiving
. The
need
for
and
importance
of
these
facilities
is
so
great
that
they
are
protected
by
California
and
Federal
law
from
being
classified
as
anything
other
than
a
residential
use
. As
discussed
herein,
cities
in
California
are
not
permitted
to
zone
them
out
of
residential
neighborhoods,
even
though
the
Appellants
are
asking
you
to
do
just
that.

Mr.

Manis
has
been
your
Director
of
Development
for
nearly
fifteen
(15)
years,
and
he
made
a
wise
decision
to
approve
the
permit
over
the
objection
of
the
Appellants
so
that
the
City
would
not
violate
California
or
Federal
law.

Whether
or
not
a
municipality
or
area
residents
agree
with
the
policy
behind
State
and
Federal
law,
the
elected
leaders
have
a
duty
to
follow the
law.
36 of
137

ATTACHMENT
H
May 17, 2022, Item #10
Poway
City
Council
Poway
City
Clerk
April
29,
2022
Page
2 However,
Sharp
seeks
denial
of
the
appeal,
not
only
because
the
law
requires
it,
but
also
because
Sharp
has
taken
the
time
to
work
with
the
neighbors, City
staff,
and
its
professional
development
team
to
design
a
facility
that
is
both
sensitive
to
the
neighborhood
and
achieves
its
core
purpose
in
providing
an
important
health
care
service
to
the
residents of
Poway.

The
City's
design
review
system
has
worked
well
because
it
led
to
the
following
design
changes
requested
by
the
neighbors:
(1)
eliminating
the
second
driveway
onto
Valle
Verde
Road
to
reduce
pedestrian
views
into
the
parking
lot,
but
keeping
the
staff-required
first
driveway
onto
Valle
Verde
Road;
and (2)
constructing
or
maintaining
the
existing
solid
fence,
instead
of
an
iron
fence,
along
the
property
line
adjacent
to
the
neighborhood's
pedestrian/equestrian
trail.

Notwithstanding
City
staff
and
Sharp's
efforts
to
meet
the Appellants
half-way,
the
appeal
was
filed
and
raises
the
following
eight
(8)
issues:
(I)
Improper
sale,
operation,
and
design
of
a
"hospice
facility"
in
a
residential
neighborhood;
(II)
Improper
classification
as
a
residential
use
contrary
to
local
law;
(Ill)
Traffic
safety
(including
unsafe
entrances,
high
potential
for
accidents,
traffic
congestion,
and
poor
interpretation
of
Poway
policies
against
new
entrances
on
Espola);
(IV)
secretive
permit
approval
with
improper
notice
and
outreach
to
residents;
(V)
improper
permit
findings;
(VI)
improper
parking;
(VII)
visual
impacts
inconsistent
with
residential
character;
and
(VIII)
adverse
impacts
on
property
values.

In
response
to
the
Appellants'
claims,
the
responses
below
are
provided
by
Sharp's
experts
experienced
in
the
development
and
operation
of
these
home-like
facilities,
architects
and
civil
engineers
who
designed
the
Project,
the
traffic
engineering
and
safety
experts
at
Urban
Systems
Associates,
the
legal
experts
at
Sheppard
Mullin
Richter
&
Hampton,
a
real
estate
expert
trained
in
tracking
changes
in
property
value
trends
in
rural
residential
zones,
and
other
experts
in
real
estate
development
generally,
including
information
provided
by
the
City's
own
expert development
staff
.

I.

Appellants
Mischaracterize
the
Sale,
Operation,
and
Design
of
the
Project
The
Appellants
first
challenge
Sharp's
purchase
of
the
Property
as
a
"secret"
transaction.

However,
there
was
no
impropriety
in
the
purchase
of
the
Property.

The
seller,
Mrs.

Bleile,
offered
the
Property
for
sale
as
a
For
Sale
by
Owner
(FSBO).

She
contacted
a
handful
of
local
brokerage
firms
to
market
the
Property.

One
of
those
firms
was
Berkshire
Hathaway
Home
Services,
who
Sharp
had
engaged
as
their
buyer's
agent.

Sharp's
agent,
Mrs.

Kropf,
shared
the
listing
with
the
Sharp
team
and
Sharp
proceeded
with
acquiring
the
Property.

Upon
the
sale
of
the
Property,
a
real
estate
yard
sign
was
installed
to
communicate
the
sold
status
to
the
community.

Additionally,
Mrs.

Kropf
entered
the
transaction
details
into
the
Multiple
Listing
Service
(MLS)
. Contrary to
statements
in
the
Appeal,
Mrs
. Kropf
did
not
represent
the
seller
in
this
transaction.

Internet
searches
list
Mrs.

Kropf
as
the
listing
and
selling
agent
for
the
transaction
because
she
had
to
enter
herself
in
both
roles
in
the
MLS
due
to
the
FSBO
transaction
status.
37 of
137
May 17, 2022, Item #10
Poway
City
Council
Poway
City
Clerk
April
29 , 2022
Page
3 Appellants'
claims
relating
to
the
design
of
the
Project
are
similarly
mistaken.

Contrary
to
their
claims,
the
house
design
does
not
include
a
loading
dock.

The
deceased
path
of
travel
takes
them
through
the
house
and
into
the
garage.

An
unmarked
transport
vehicle
backs
up
to
the
garage
and
loads
the
deceased
into
the
van
for
transport.

The
path
of
travel
is
not
visible
to
the
public.

Further,
as
noted
above,
Sharp
is
willing
to
agree
to
construct
or
maintain
a
solid
fence
along
the
property
line
adjacent
to
the
neighborhood's
pedestrian/equestrian
trail
to
ensure
no
visibility
from
the
trail.

Appellants'
concerns
regarding
large
vehicles
are
also
overstated.

Patients
arrive
to
the
house
by
way
of
a
non-emergency
medical
transport
vehicle
. Additionally,
the
Project
will
not
require
linen
trucks
or
large
food
trucks.

All
laundry
and
food
services
are
contained
within
the
home.

Food
stock
and
supplies
are
ordered
weekly,
supplied
by
a
Sharp
Hospital
Food
and
Nutrition
Services
department
and
picked
up
by
a
hospice
staff
person
on
a
weekly
basis.

Appellants
also
mischaracterize
the
Project's
potential
to
cause
crime
in
the
neighborhood.

Rather,
the
Project's
crime
prevention
techniques
are
superior
to
a
typical
home.

The
facility
uses
lighting,
security
cameras,
locked
storage
of
medication,
and
24-hour
occupancy
by
staff,
in
contrast
to
single
family
residents
who
are
not
home
at
all
times,
sleep
at
night,
and
usually
do
not
have
locked
medicine
cabinets
.

All
medications,
including
controlled
substances,
are
delivered
to
the
house
from
the
pharmacy
via
a
courier
.

A
chain
of
custody
requires
the
licensed
nurse
to
sign
for
the
medication
upon
receipt.

Medication
is
transferred
to
the
secure
medication
room
and
stored
in
storage
units
that
are
only
accessible
with
a
secure
combination
and
key,
which
is
held
by
the
licensed
nurse
.

Removal
of
medication
for
administration
to
a
patient
is
performed
by
the
licensed
nurse.

At
the
end
of
each
shift
, a
nurse-to-nurse
count
of
narcotics
is
performed
for
the
storage
units
. These
facts
and
Sharp's
experience
over
the
past
two
decades
of
operating
these
facilities
show
we
do
not
have
the
crime
problems
anticipated
by
the Appellants.

II.

The
Project
is
Properly
Classified
as
a
Residential
Use
Under
Federal,
State
and
Local
Law
or
the
City
Must
Approve
a
Reasonable
Accommodation
for
the
Project
As
further
set
forth
in
the
attached
legal
memorandum
from
Sharp's
outside
land
use
counsel,
Sheppard
Mullin,
the
Project
is
deemed
a
residential
use
for
purposes
of
the
City's
zoning
ordinances
and
legally
may
not
be
treated
differently
from
other
residential
uses.

The
City's
zoning
ordinances
are
required,
by
their
terms,
to
be
interpreted
consistent
with
applicable
Federal
and
State
law.

The
RR-C
zone's
prohibition
on
"commercial"
use
without
a
vote
of
the electorate
pursuant
to
Poway
Municipal
Code
section

17.08.020
is
not
applicable
where,
as
here,
the
use
is
residential
pursuant
to
State
law
.

State
law
specifically
mandates
that
certain
State-licensed
facilities
at
which
care
for
the
terminally
ill
(including
hospice)
may
be
provided,
such
as
"residential
facilities"
and
"congregate
living
health
facilities"
for
six
or
fewer
persons,
shall
be
considered
a
residential
use
for
purposes
of
local
zoning.

In
fact,
the
appeal
admits
a
six-bed
residential
care
facility
is
"barely
residential".

State
law
allows
health
care
for
the
terminally
ill
to
be
provided
in
these
residential
facilities
and
nothing
in
State
law
requires
that
any
of
38 of
137
May 17, 2022, Item #10
Poway
City
Council
Poway
City
Clerk
April
29 , 2022
Page
4 these
facilities
be
limited
to
long-term
residential
care
or
to
discriminate
against
those
with
a
terminal
diagnosis,
who
are
legally
within
the
definition
of
"disabled".

Regardless
of
its
license
classification,
which
is
determined
by
Sharp
and
the
State
, not
by
the
City
, the
use
is
residential
pursuant
to
applicable
State
and
Federal
anti-discrimination
laws,
which
prohibit
the
City
from
treating
the
Project differently
for
purposes
of
its
local
zoning
and
land
use
requirements.

The
State
and
Federal
governments
have
recognized
the
need
to
provide
hospice
services
to
those
diagnosed
with
a
terminal
illness,
a
disability,
in
an
integrated,
home-like
environment
and,
as
such,
the
City
does
not
have
the
authority
to
prohibit
the
Project
in
a
residential
zone or
treat
it any
differently
than
other
residential
uses
in
the
same
zone.

Finally,
to
the
extent
Sharp
seeks
and
obtains
a
State
license
for
the
Project
as
a
"hospice facility"
and
there
is
any
ambiguity
regarding
the
application
of
the
Poway
Municipal
Code
(PMC)
to
the
Project
as
a
State-licensed
"hospice
facility",
Sharp
hereby
requests
and
the
City
is
obligated
to
provide
the
Project
"reasonable
accommodation"
from
any
PMC
requirements
acting
as
a
barrier
to
fair
housing
opportunities
for
disabled
persons
in
a
hospice
care
facility
in
the
RR-C
zone.

Sharp's
full
request
for
a
reasonable
accommodation
is
included
in
the
attached
legal
memorandum
from
its
outside
counsel,
Sheppard
Mullin
(Exhibit
A
hereto)
as
Exhibit
8 thereto.

Ill.

The
Project
Follows
Traffic
Safety
Regulations
In
addition
to
the
attached
legal
analysis,
Sharp
has
also
taken
the
opportunity
to
provide
a traffic
analysis
prepared
by
its
traffic
consultant,
Urban
Systems,
Inc
.,
attached
as
Exhibit
B
hereto,
to
address
Appellants'
claims
relating
to
the
Project's
vehicle
entrances,
potential
for
accidents,
traffic
congestion,
and
interpretation
of
Poway
policies
against
new
entrances
on
Espola.

As
set
forth
in
the
attached
report,
pedestrians,
cyclists
and
animals
on
Valley
Verde
are
safe
from
Project
traffic
because
(1)
the
driveway
follows
regulations
for
clear
line
of
sight;
and
(2)
just
like
all
drivers,
drivers
in
and
out
of
the
Project
must
comply
with
pedestrian
right-of-way
rules.

Moreover,
in
over
20 years
of
operating
home-like
facilities
providing
hospice
services,
Sharp
has
no
history
of
significant
accidents
while
entering
and
exiting
its
properties
.

As
set
forth
in
the
attached
report,
the
Project
can
be
anticipated
to
generate,
on
average,
18 trips
per
day,
as
compared
to
the
1 O
daily
trips
averaged
by
traditional
single-family
homes.

This
amounts
to
a
net
increase
of
only
8 trips
a
day
compared
to
the
previously
existing
home
on
the
property
. With
respect
to
the
Appellants'
claims
that
the
Project
will
generate
traffic
that
exceeds
the
capacity
of
Valle
Verde
Road,
the
report
confirms
that
Valle
Verde,
as
a
residential
collector
street,
is
already
designed
to
handle
the
Project's
traffic
volume
safely.

Indeed,
it
could
handle
several
thousands
of
additional
trips.

The
Project
is
also
compliant
with
the
Poway
General
Plan,
as
determined
by
the
DSD,
notwithstanding
Appellants'
claims
regarding
the
Project
entrance
on
Valle
Verde.

Specifically,
notwithstanding
Appellants'
inaccurate
statements
that
Espola
is
a
prime
or
major
arterial,
as
both Valle
Verde
and
Espola
39 of
137
May 17, 2022, Item #10
Poway
City
Council
Poway
City
Clerk
April
29,
2022
Page
5 are
designated
as
Collectors
in
the
Poway
General
Plan,
the
proposed
driveway
entrance
on
Valle
Verde
would
not
result
in
exceeding
the
road
capacity.

Additionally,
due
to
its
longer
street
frontage,
absence
of
a
Class
II
bike facility
and
single-lane
design,
the
proposed
driveway
Poway
City
Council
entrance
on
Valle
Verde
would
cause
less
potential
traffic,
bike,
and
pedestrian
conflicts
than
a
driveway
on
Espola.

Not
only
is
Valle
Verde
designed
and
designated
to
accommodate
significantly
more
traffic
than
the
Project
would
generate,
adding
a
new
driveway
to
Espola
is
simply
bad
planning
as
it takes
unnecessary
risks
because
it
forces
drivers
leaving
the
site
to
enter
onto
a
road
with
higher
speed
limits
than
Valle
Verde
Road.

Appellants
claim
some
traffic
will
be
slowing
down
from
45 miles
to
10 miles
an
hour
when
they
approach
the
traffic
signal
at
Espola
and
Valle
Verde,
but
that
would
only
be
the
case
when
the
traffic
light
is
yellow
or
red;
the
problem
is
when the
traffic
light
is
green
for
the
fast-moving
vehicles
on
Espola.

Some
drivers
would
also
need
to
cross
multiple
lanes
of
traffic
to
access
the
left
turn
lane
on
Espola
to
turn
left
from
the
site,
resulting
in
more
potential
traffic
conflicts.

The
frontage
on
Espola
also
includes
a
Class
II
bike facility,
which
is
not
the
case
on
Valle
Verde.

Thus,
the
City's
conclusion
that
the
placement
of
the
Project
driveway
on
Valle
Verde
meets
its
General
Plan
policy
and
safety
goals
is
supported
by
the
evidence,
notwithstanding
Appellants'
claims,
and
the
appeal
therefore
does
not
raise
any
legitimate
safety
concerns
relating
to
traffic.

As
further
detailed
in
the
attached
legal
memorandum
from
Sharp's
outside
counsel,
allegations
of
safety
impacts
that
are
based
on
unsupported
stereotypes,
prejudice
or
fear
stemming
from
ignorance
or
generalizations,
such
as
about
the
facility,
persons
in
hospice
care
or
their
families,
cannot
be
used
to
justify
discrimination
against
housing
for
the
disabled. Finally,
as
the
Appellants
acknowledge,
the
Project's
alleged
impacts
on
the
level
of
service
of
surrounding
roads
and
intersections
is
not
a
relevant
consideration
for
purposes
of
the
Project's
environmental
impacts.

Moreover,
the
Project's
estimated
18 average
daily
trips,
resulting
in
a
net
increase
of
eight
average
daily
trips
from
the
previous
residence,
fall
well
below
the
"de
minimis"
threshold
of
110
AOT
for
vehicle
miles
traveled
(VMT)
impacts
advised
by
the
Governor's
Office
of
Planning
and
Research
(QPR)
and
therefore
cannot
be
considered
a
significant
environmental
impact.

IV.

The
City
Followed
Proper
Notice
Rules
and
Sharp
Has
Reached
Out
to
Residents Willing
to
Work
With
Sharp
Appellants
admit
the
OSO
provided notice
of
the
pending
MORA
to
adjacent
landowners
seeking
their
input
prior
to
MORA
issuance.

Appellants
also
admit
that
many
of
the
Project's
neighbors
actually
received
the
notice
and
concede
the
City
should
not
have
to
seek
input
from
the
community
every
time
it
permits
a
residential
structure.

As
detailed
in
the
attached
legal
memorandum
from
Sharp's
outside
counsel,
no
notice
is
required
by
the
PMC
for
OSO
approval
of
the
MORA.

Nevertheless,
the
City
provided notice
seeking
their
comments
a
full
month
before
the
OSO
conditionally
approved
the
MORA
even
though
the
letter
stated
the
decision
on
the
MORA
would
be
made
in
10 days.

This
demonstrates
the
extra
care
the
City
took
solicit
and
listen to
the
neighbors'
concerns.
40 of
137
May 17, 2022, Item #10
Poway
City
Council
Poway
City
Clerk
April
29,
2022
Page
6 Additionally,
even
if
Appellants
did
not
personally
receive
notice,
the
notice
the
City
provided
was
adequate
to
allow
them
to
protect
their
interests
by
filing
their
appeal
and
having
another
say
on
the
decision
at
the upcoming
City
Council
hearing.

Thus,
the
City
far
exceeded
any
notice
required
by
law,
and
should
be
commended
for
doing
so.

Moreover,
Appellants
admit
Sharp
and
City
staff
met
with
them
and
made
changes
to
the
MORA.

Sharp
continued
to
work
with
the
neighbors
on
design
issues
like
solid
fencing
along
the
pedestrian
and
horse
trail
adjacent
to
the
Property's
rear
yard.

Sharp
also
removed
the
northern
driveway
entrance
on
Valle
Verde
to
reduce
pedestrian
visibility
into
the
parking
lot.

Nevertheless,
even
though
the
notice
and
approval
system
has
worked
to
the
neighborhood's
advantage,
resulting
in
these
positive
changes
to
address
their
concerns,
the
Appellants
still
filed
their
Appeal,
demonstrating
that
design
concessions
are
not
enough
to
allow
Sharp
to
protect
the
rights
and
needs
of
the
disabled
and
terminally
ill
served
in
its
facilities.

This
is
exactly
why
State
and
Federal
law
requires
the
City
to
deem
these
facilities
as
residential.

Elected
legislators
determined
the
benefit
of
patients
dying
peacefully
with
their
loved
ones
present
in
a
home-like
environment
with
pain
management
and
grief
counseling
available
outweighs
the
concerns
a
City
or
a
neighborhood
may
have
with
such
facilities
in
a
residential
zone.

Sharp
will
vigorously
defend
the
rights
of
the
disabled
and
terminally
ill
to
receive
that
benefit.

That
said,
Sharp
is
committed
to
operating
its
well-designed
facility
as
a
good
neighbor,
just
as
it does
in
the
neighborhoods
where
its
other
facilities
operate.

V.

Substantial
Evidence
Supports
the
MDRA
Findings
The
Appellants
also
challenge
the
findings
made
by
the
DSO
in
support
of
approval
of
the
MORA.

As
set
forth
in
the
attached
legal
memorandum
from
Sharp's
outside
counsel,
"substantial
evidence"
supports
the
findings
made
by
the
DSO.

In
addition,
this
letter
and
the
attachments
supplement
the
evidence
in
support
of
the
findings
for
approval
of
the
MORA.

This
evidence
more
than
meets
the
legal
standard
applicable
to
the
City's
decision,
which
is
entitled
to
deference
because
it
is
supported
by
substantial
evidence
in
the
entire
record.

VI.

The
Project
Avoids
On-Street
Parking
Im
pacts
Appellants
next
challenge
the
Project's
on-site
parking
rates,
and
concurrently
allege
the
Project
will
increase
the
use
of
on-street
parking
on
Valle
Verde
Road.

As
discussed
in
the
attached
traffic
report,
with
23 spaces,
the
Project
is
providing
adequate
off-street
parking
to
accommodate
the
estimated
18 average
daily
trips
to
the
site
as
well
additional
spaces
to
assure
a
maximum,
peak
trip
day
can
also
be
accommodated
on
site,
and
accounting
for
limited
use
of
handicapped
and
EV
spaces.

While
the
Project's
average
daily
trips
are
not
expected
to
require
the
use
of
all
of
its
parking
facilities
on
a
daily
basis,
Sharp
purposely
provided
extra
parking
on
the
Property specifically
to
prevent
any
possible
use
of
on-street
parking
that
may
disturb
the
neighborhood.

Sharp
did
so
as
a
community
benefit,
notwithstanding
that
on-street
parking
is
allowed on
local
collector
roads.

Even
residents of
Green
Valley
park
on
Valle
Verde
when
they
have
a
maximum
trip
event
at
their
homes,
like
a
holiday
party
or
41 of
137
May 17, 2022, Item #10
Poway
City
Council
Poway
City
Clerk
April
29,
2022
Page
7 other
event,
and
many
other
City
residents
may
also
park
on
the
street
to
attend
events
at
the
adjacent
park.

The
Project
provides
on-site
parking
so
as
not
to
interfere
with
any
of
those
uses.

Although
the
on-site
parking
exceeds
parking
that
may
normally
be
provided
for
a
single-family
home,
Sharp
believes
it
is
prudent
planning
and
courteous
to
the
neighborhood
to
accommodate
all
possible
Project-related
parking
on
the
Property
. Sharp
provides
16 parking
spaces,
including
one
handicapped
space
and
no
EV
spaces,
at
its
BonitaView
facility,
also
located
in
a
rural
residential
zone.

Recognizing
there
would
be
24/7
staffing
at
the
location,
plus
a
reasonable
daily
amount
of
specialized
staff
and
family
members
visiting
their
terminally
terminally-ill
loved
ones,
and
an
increasing
demand
for
EV
spaces
due
to
the
rising
increase
in
EV
vehicles
in
California,
Sharp
knew
that
the
right
decision
was
to
optimize
the
number
of
parking
stalls
in
order
to
avoid
risking
cars
parking
offsite
in
the
neighborhood.

Sharp
is
providing
sufficient
on-site
parking
that
is
well-screened
in
order
to
maintain
the
aesthetics
of
the
neighborhood
.

VII.

The
Project
Design
and
Landscaping
Plan
Adequately
Address
Visual
Impact
Fears
Appellants
also
allege
the
Proj
ct
will
have
visual
impacts
inconsistent
with
the
residential
neighborhood.

As
shown
in
the
Project's
site
design
plans,
the
Project
is
designed
as
a
one-story
single-family
residence
with
landscape
and
other
screening
to
blend
with
the
neighborhood
and
adequately
address
potential
visual
impacts.

It
follows
the
height,
setback
and
lot
coverage
requirements
of
the
RR-C
zone
that
are
designed
to
assure
a
structure's
bulk
and
scale
are
appropriate
for
the
zone,
even
if
neighbors
chose
to
construct
smaller homes
in
the
RR-C
zone.

As
noted
above,
although
the
Project
provides
more
than
the
required
parking,
it
is
specifically
designed
to
avoid
a
significant
visual
impact
from
the
parking
facilities. Moreover,
Sharp
has
agreed
to
provide
additional
fencing
to
provide
visual
screening
from
the
adjacent
trail.

Based
on
the
plans
in
the
record,
the
Project
more
than
adequately
addresses
any
potential
visual
impacts.

VIII.

There
is
No
Substantial
Evidence
of
Reduced
Property
Values
Appellants
next
assert
the
Project
will
reduce
their
property
values.

Again,
Sharp
has
experience
operating
similar
facilities
in
other
residential
neighborhoods.

For
example
, its
BonitaView
facility
is
a
State-licensed
hospice
facility
for
up
to
six
patients
opened
in
2012
in
the
unincorporated
County's
Rural
Residential
zone.

Based
on
the
attached
opinion
provided
by
Sharp's
real
estate
broker,
there
is
no
evidence
that
the
BonitaView
facility
has
an
adverse
impact
on
property
values
of
the
properties
surrounding
the
Bonitaview
facility.

Sharp's
licensed
real
estate
expert,
Judy
Preston,
CCIM,
found
the
following
in
her
opinion
letter,
attached
hereto
as
Exhibit
C:
42 of
137
May 17, 2022, Item #10
Poway
City
Council
Poway
City
Clerk
April
29,
2022
Page
8 *
We
did
not
find
signs
of
any
movement
directly
related
to
the
care
facility
for
nearby
properties/ownership
with
adjacent
neighbors,
meaning
homeowners
did
not
move
away
because
of
the
new
facility.
* When
a property
did
go
on
the
market,
it did
sell
within
an
average
price
range
per
square
foot
of
value
as
other
sold
Bonita
properties.

The
expert's
conclusion
was
"this
study
finds
the
Bonita
Property/HealthCare
facility
has
blended
into
the
community
it
is
serving
and
no
negative
impact
had
been
identified
in
this
study.

Therefore,
this
is
good
evidence
that
there
will
not
be
a
negative
impact
on
property
values
in
Poway's
rural
residential
zone
proximate
to
the
Espola
Road
site."
This
expert
opinion
further
supports
the
MORA
findings.

IX.

The
Project
is
Not
a
Legal
Nuisance
Appellants
urge
the
City
to
consider
the
Project
a
nuisance,
based
on
the
allegations
in
their
appeal,
mainly
that
it
will
attract
criminals
to
the
area
in
pursuit
of
on-site
controlled
substances.

As
set
forth
above,
the
Project
does
not
create
the
potential
for
the
adverse
conditions
that
Appellants
allege
will
occur,
as
Sharp's
security
protocols
ensure
the
house
will
be
even
more
secure
against
any
potential
criminal
activity
than
other
residences
in
the
neighborhood.

Moreover,
the
Project
has
adequate
on-site
parking
to
prevent
on-street
parking.

The
Project
complies
with
site
distance
requirements
so
vehicles
can
safely
enter
and
exit
the
site
onto
Valle
Verde,
a
less
congested
road
with
slower
moving
traffic
than
Espola.

MORA
conditions
were
adopted
to
avoid
potential
nuisance
impacts
on
surrounding
properties.

MORA
Condition
C
requires
the
site
to
comply
with
City
noise
ordinances.

MORA
Conditions
E.
12 and
G.
7 requires
Sharp
to
install
and
maintain
erosion
control
devices
and
drainage
systems
to
assure
silt
and
surface
water
does
not
adversely
affect
neighboring
properties.

MORA
Conditions
F.
9 and
10 require
compliance
with
muted
earth
tone
building
material
finishes
and
approved
landscape
plans
to
avoid
significant
aesthetic
impacts.

Finally,
the
Project
meets
an
important
health
care
need
and
will
serve
residents
in
the
City
and
the
neighborhood
in
the
future.

It will
be
operated
in
a
safe
and
considerate
manner
just
as
Sharp's
existing
facilities
are
operated.

Therefore,
it
is
a
health
care
asset
to
the
community,
not
a
nuisance.

Conclusion Based
on
all
of
the
foregoing,
Sharp
respectfully
requests
the
City
Council
deny
the
appeal,
approve
the
MORA,
and
grant
the
reasonable
accommodation
from
any
PMC
requirements
acting
as
a
barrier
to
fair
housing
opportunities
for
disabled
persons
in
a
licensed
hospice
care
facility
in
the
RR-C
zone
or
43 of
137
May 17, 2022, Item #10
Poway
City
Council
Poway
City
Clerk
April
29,
2022
Page
9 use
of
a
hospice
agency
license
in
this
home-like
facility.