Poway City Council
May 17, 2022

May 17, 2022, Item #10
DATE:

TO:

FROM:

CONTACT:

SUBJECT:

Summary:

AG EN DA REPORT City of Poway
May 17, 2022
Honorable Mayor and Members of the City Council
Robert Manis, Director of Development Services /11
Austin Silva, Senior Planner A(.,
858-668-4658 or [email protected]

CITY COUNCIL
Appeal (APL) 22-001-An appeal of the approval for Minor Development Review Application 21-023, a single-family residence to be used as a residential care facility (Sharp Mountainview Hospice), located at 16752 Espola Road Minor Development Review Application (MDRA) 21-023 is a request from the Applicant, Sharp Healthcare, to construct a single-family residence with six bedrooms to be used as a residential care facility (specifically providing end of life hospice care) on a 1.02-acre lot at the southwest corner of Espola Road and Valle Verde Road in the Rural Residential C (RR-C) zone. Two owners of nearby properties (Appellants) have submitted an appeal of City staffs approval of the MDRA, pursuant to Poway Municipal Code (PMC) Chapter 2.20. The Appellants argue the MDRA should not be approved because the findings and determinations in the MDRA approval 1) were reached without sufficient notice to, and input from, the community which the hospice facility will impact; 2) were reached after misapplication of the PMC with respect to development review procedures; 3) are inconsistent with applicable Poway zoning ordinances and definitions, including those applicable to the Green Valley neighborhood; and 4) are inconsistent with the aesthetic, economic, safety and traffic impacts that the hospice facility will have on Green Valley and its property owners.

Recommended Action:

It is recommended the City Council deny the appeal, upholding the approval of MDRA 21-023, pursuant to the attached Resolution (Attachment A). Should the City Council instead decide to grant the appeal, in whole or in part, staff will return at a future date with a new resolution with revised findings in accordance with the City Council's decision.

Discussion:

Project Description
On February 15, 2022, MDRA 21-023 was approved by the Development Services Department (City Staff), allowing for a 6,670-square-foot single-family home with an attached 431-square-foot garage to be used as a residential care facility on a 1.02-acre lot at the southwest corner of Espola Road and 1 of 137
May 17, 2022, Item #10
Valle
Verde
Road,
addressed
as
16752
Espola
Road
(Subject
Property)
in
the
RR-C
zone
as
shown
on
Attachment
B
(Project).

The
MDRA
is
an
administrative
process
approved
at
the
staff
level
that
is
required
for
all
new
single-family
homes.

A
single-family
home
was
previously
located
on
the
property
and
has
been
demolished
pursuant
to
a
building
permit
issued
on
January
20,
2022,
authorizing
the
demolition
of
this
single-family
home
and
shed.

The
Project
has
been
designed
to
be
architecturally
compatible
and
in
scale
with
the
existing
surrounding
residential
development.

The
building
materials
consist
of
stucco
and
board
and
batten
siding
with
concrete
tiles
on
the
roof,
which
are
depicted
on
the
architectural
renderings
(Attachment
C).

The
building
adheres
to
setback
and
lot
coverage
requirements
for
the
RR-C
zone.

The
site
plan
(Attachment
D)
shows
access
to
the
site
is
taken
from
a
single
driveway
off
Valle
Verde
Road.

A
landscaped
berm
is
included
within
a
24-foot-wide
landscape
planter
along
Espola
Road
to
screen
parking
spaces
that
transitions
into
an
eight-foot-wide
landscape
planter
along
Valle
Verde
Road
to
continue
landscape
screening.

The
applicant
included
21 parking
spaces
onsite
to
avoid
parking
on
Valle
Verde
Road,
in
addition
to
a two-car
garage,
as
required
for
a single-family
dwelling.

The
parking
spaces
were
not
a City
requirement.

The
single-family
home
contains
six
bedrooms,
a
kitchen,
a
living
room,
a family
dining
room,
nurse
stations,
a
lounge,
and
an
office.

The
approval
letter
for
MDRA
21-
023
is
included
as
Attachment
E.

As
proposed,
MDRA
21-023
meets
all
requirements
for
a single-family
dwelling.

Approval
of
any
uses
for
the
single-family
dwelling
is
not
part
of
the
MDRA
approval,
although
any
residential
uses
associated
with
the
single-family
dwelling
must
conform
with
the
permitted
and
conditional
residential
uses
outlined
in
Chapter

17.08.100
in
the
PMC.

As
discussed
in
more
detail
below,
both
State
and
Federal
law
mandate
the
approval
of
the
proposed
Project
because
it
meets
all
the
requirements
of
a
single-family
dwelling,
and
an
identically
designed
home
that
was
intended
to
be
used
as
a "traditional"
single-family
home
would
be
approved.

Residential
Care
Facility
Classification
Pursuant
to
State
law,
as
a
general
matter,
any
licensed
residential
care
facility
with
six
or
fewer
residents
is
a
permitted
use
in
any
single-family
zone,
including
the
RR-C
zone,
and
must
be
treated
the
same
as
any
"traditional"
single-family
home.

It
is
important
to
note
that
outside
of
the
residential
care
facility
context,
staff
does
not
and
cannot
inquire
into
how
many
adults,
children,
families
or
even
unrelated
groups
of
people
are
living
in
single-family
house,
as
the
state-mandated
definition
of
"family"
is
extremely
broad.

The
Applicant's
attorney
has
provided
a
detailed
discussion
of
State
law,
which
the
City
Attorney
has
reviewed
and
found
to
be
generally
accurate
and
is
not
aware
of
any legal
authority
to
the
contrary.
(See
Attachment
H,
Exhibit
A)
In
particular,
City
Staff
determined
that
the
Project,
among
other
categories,
fits
within
the
definition
of
a
"congregate
living
health
facility,"
which
is
defined
as
"a
residential
home
with
a
capacity
of
no
more
than
18 beds,
that
provides
inpatient
care,
including
the
following
basic
services:
medical
supervision,
24-hour
skilled
nursing
and
supportive
care,
pharmacy,
dietary,
social,
recreational,
and
services
for
persons
who
have
a diagnosis
of
terminal
illness.

A
congregate
living
health
facility
shall
have
a
noninstitutional,
homelike
environment."
(California
Health
&
Safety
Code
§
1250
[emphasis
added].)
Pursuant
to
California
Health
&
Safety
Code
section
1267.16,
a congregate
living
health
facility
which
serves
six
or
fewer
persons
must
be
considered
a
single-family
residential
use
of
property
for
purposes
of
any
zoning
ordinance
or
law
related
to
the
residential
use
of
property.

State
law
and
the
PMC
defines
family
to
include
a
residential
care
facility
with
six
or
fewer
beds.

There
are
general
State
law
constraints
applicable
to
certain
types
of
community
care
facilities,
2 of
137
May 17, 2022, Item #10
including facilities providing end of life/hospice services, where only six or fewer persons reside.

These constraints include the following:

1. Whether or not unrelated persons are living together, a facility which serves six or fewer persons shall be considered a residential use of property.

2. The residents and operators of the facility shall be considered a family for the purposes of any law or zoning ordinance which is related to the residential use of property.

3. For the purposes of all local ordinances, a facility which serves six or fewer persons shall not be included within the definition of a boarding house, rooming house, institution or home for the care of minors, the aged, or the mentally infirm, foster care home, guest home, rest home, sanitarium, mental hygiene home, or other similar term which implies that the facility is a business run for profit or differs in any other way from a single-family residence.

4. No conditional use permit, zoning variance, or other zoning clearance shall be required of a facility which serves six or fewer persons which is not required of a single-family residence in the same zone.

5. Use of a single-family dwelling for purposes of a facility serving six or fewer persons shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 or local building codes. However, nothing in this section supersedes Section 13143 to the extent these provisions are applicable to a facility providing care for six or fewer residents.

Finally, it should be noted that the City does not (and cannot) control the type of license issued by the California Department of Public Health, which the City understands at this point, has not yet been determined.

Appeal Filing
On February 25, 2022, the City Clerk received a letter of appeal signed by the Appellants (Attachment F). The Appellants are appealing City Staffs approval of MORA 21-023 because they believe the findings and determinations made in the letter are inappropriate based on the reasons listed in the Summary section of this report. The following is a more detailed description of the reasons for the appeal:
1) The Hospice MORA Approval Letter Does Not Comply with PMC Guidance Regarding the Purpose of Development Review Procedures
The Appellants site section 17.52.01 O of the PMC, which is related to the development review process. The Appellants recite several elements of the code section they believe the MORA approval letter fails to comply with. They also state that the MORA approval letter fails to detail the scope of the review conducted by the Planning Division, or cite the people consulted in the process.

City Staff response: There is no requirement in this section of the code requiring approval letters to detail the scope of the review. The purpose of the MORA is to review a project for compliance with City codes and policies. The MDRA was reviewed during three separate submittals. This was not detailed in the approval letter, which is consistent with previous all MORA approval letters that are written. The Project was found to be in compliance with PMC 17.52.101 and with the development regulations of the RR-C zone.
3 of 137
May 17, 2022, Item #10
2) There Has Been Inadequate Notice To, and Input From, Residents of Green Valley Regarding the Proposed Hospice Facility
The Appellants state that only a few select individuals were involved in the process of evaluating and approving the proposed Hospice Facility and that it is incumbent upon elected officials and administrators to seek and consider input from the community. The appellants also state that pursuant to the PMC, no property zoned RR-C shall be rezoned unless such rezone is approved by the voters of the City.

City Staff response: There is no requirement in the PMC for property owner notice for a MORA for a single-family residence. Given that the Hospice Facility with six or fewer residents is considered a residential use, it is subject to the same zoning and noticing requirements as a single-family residence. The City cannot selectively require that certain projects are subject to additional noticing requirements and level of review than other projects in the same land use classification (single-family residences). There are no noticing requirements for Minor Development Review Applications in the PMC. However, the City did notify six property owners (Attachment G) adjacent to or across the street from the proposed residential care facility. There is no rezone proposed with this Project. The RR-C zone allows single-family dwellings, including a six-bed residential care facility.
3) As Currently Contemplated, the Hospice Facility Is Not Complementary To, and In Harmony With, Our Residential Neighborhood
The appellants state that the proposed Project is not really a residential care facility at all, but rather, a commercial hospice that would be run by, 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, whereas a hospice facility, contemplates short-term stays and the provision of medical services.

City staff response: As indicated previously in this report, a hospice facility with six or fewer beds is considered a single-family residential use and must be permitted in the RR-C zone.

The Appellants state that the proposed Hospice Facility would increase the volume and change the nature of traffic in the Green Valley Neighborhood.

City staff response: The Hospice Facility is considered a single-family residential use which is permitted and contemplated in the RR-C zone. Therefore, a traffic study was not required to assess the traffic generated by the facility. However, the Applicant has voluntarily provided a traffic study in response to the appeal (Attachment H, Exhibit B), which indicates that the Project would result in 18 total vehicle trips per day, a net increase of 8 vehicle trips per day when compared to a "traditional" single-family home. This study further concludes that all traffic impacts would be minimal, and fit within the existing capacity of the nearby roadways.

The Appellants state that the current ingress and egress for the proposed Hospice Facility is located directly on Valle Verde Road, even though the property also fronts Espola Road. The City should consider the location of the existing Espola entrance to the Subject Property to serve the proposed Project.

City staff response: Espola Road has a posted speed limit of 45 mph and an average daily traffic (ADT) volume of 16,474. Valle Verde Road, south of Espola Road, is a residential collector without 4 of 137
May 17, 2022, Item #10
a
posted
speed
limit
and
therefore
has
a
25-mph
speed
limit
due
to
its
residential
classification.

While
the
City
does
not
have
a
current
ADT
for
this
section
Valle
Verde
Road,
the
ADT
for
Valle
Verde
Road,
north
of
Espola
Road,
is
5,819.

It
is
expected
that
the
ADT
south
of
Espola
Road
would
be
equal
to
or
less
than
this
volume,
which
is
one-third
of
the
volume
on
Espola
Road.

As
previously
stated,
the
construction
of
a
single-family
residence
does
not
require
a
traffic
study.

However,
based
upon
the
higher
posted
speed
limit
and
traffic
volumes
on
Espola
Road,
providing
driveway
access
to
the
site
from
Espola
Road
would
add
to
vehicular
conflicts
with
motorists,
bicyclists,
and
pedestrians.

Additionally,
vehicle
traffic
entering
the
site
from
Valle
Verde
Road
would
not
be
passing
any
properties
other
than
the
Subject
Property
itself.

Finally,
the
Applicant's
traffic
study
concluded
access
on
Valle
Verde
Road
is
preferred
based
on
similar
engineering
and
safety
concerns,
and
provides
additional
detail
in
response
to
the
arguments
relating
to
traffic
and
access
set
forth
in
the
appeal.
(Attachment
H,
Exhibit
B)
The
Appellant
states
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.

City
staff
response:

The
transfer
of
patients
was
not
a consideration
for
the
approval
of
the
MORA
for
a single-family
residence
because
it
is
part
of
the
proposed
use.

The
City
cannot
use
an
aspect
of
the
proposed
use
to
deny
the
Project,
as
it
must
deem
the
use
to
be
consistent
with
and
treated
the
same
as
a "traditional"
single-family
use.

However,
the
Applicant has
indicated
the
transfer
of
patients
will
occur
in
the
northwest
portion
of
the
property,
on
the
west
side
of
the
building,
out
of
view
from
Valle
Verde
Road.

This
area
would
also
be
screened
from
Espola
Road
by
a
landscaped
berm.

The
Appellant
states
the
Project
includes
handicapped
and
electronic
vehicle
(EV)
parking
spaces
and
charging
stations
that
would
be
easily
visible
from
Valle
Verde
Road.

There
is
also
a concern
with
respect
to
the
handling
of
overflow
parking.

City
staff
response:

In
the
original
plans
there
were
two
driveways
to
the
site
along
Valle
Verde
Road.

The
northerly
driveway
did
allow
for
views
into
the
site
of
the
parking
area,
the
disabled
parking
spaces
and
the
EV
charging
stations.

After
concerns
were
raised
by
the
Appellants
and
discussions
with
the
Applicant,
the
north
driveway
was
removed
to
block
visibility
to
the
property
with
landscaped
screening.

The
north
driveway
was
also
problematic
due
to
its
proximity
to
the
intersection.

Because
the
Project
is
reviewed
as
a
single-family
residence,
the
City
cannot
require
any
additional
parking
spaces
beyond
a two-car
garage.

The
Applicant
is
voluntarily
providing
21 parking
spaces
in
addition
to
the
two-car
garage
to
avoid
the
need
to
park
offsite.

The
Appellants
state
that
given
this
is
a
commercial
operation
being
imposed
on
a
residential
neighborhood,
it
has
the
potential
to
directly
and
negatively
affect
property
values.

City
staff
response:

As
previously
mentioned,
pursuant
to
State
Law,
the
Project
must
be
considered
a
single-family
residential
use.

The
proposed
structure
conforms
to
the
development
standards
for
the
RR-C
zone
and
has
been
designed
to
meet
the
requirements
of
a
single-family
residence
and
to
be
compatible
with
the
architecture
of
the
surrounding
neighborhood.

The
City
risks
significant
legal
liability
if
it
determines
the
Project
is
not
permitted,
when
it would
otherwise
permit
an
identical
"traditional"
single
family
home.

With
respect
to
property
values,
the
Applicant
has
provided
a
response
in
Exhibit
D
to
Attachment
H,
in
the
form
of
a
broker's
opinion.
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May 17, 2022, Item #10
Avoiding Discrimination under the Federal Fair Housing Act {"FHA"). Americans with Disabilities Act {"ADA") and California Fair Employment and Housing Act {"FEHA'') There is little doubt that individuals suffering from a terminal illness are considered disabled and/or handicapped under state and federal law, and thus subject to additional protections under the FHA, ADA and FEHA. While the legal memorandum provided by the Applicant describes these laws in considerable detail (Attachment H, Exhibit A), the main principle is that if any similar use would be otherwise permitted -such as any residential care facility, whether for the elderly, children, or any various type of illness or substance abuse problems -then the Project cannot be denied based on who is living there (i.e., individuals who need hospice care because they are suffering a terminal illness). Thus, the City cannot grant the appeal and deny the Project based on the impacts unique to a facility providing hospice care as compared to a different type of residential care facility with six or less beds, which there is no dispute would be permitted. To do so would risk significant liability under federal law, in addition to State law. (See, Pac. Shores Props., LLC v. City of Newport Beach (9th Cir. 2013) 730 F. 3d 1142.) It bears noting that as part of its response to the Appeal, the Applicant has made an official request for reasonable accommodation under the FHA and FEHA. (Attachment H, Exhibit A, Exhibit B)
As mentioned above, Attachment H contains a response letter to the appeal from Sharp Healthcare, including several detailed attachments.

Other Correspondence
Several emails and letters from neighboring property owners have been received regarding the Project. Attachment I includes all correspondence received as of the printing of this report. Any correspondence received after that will be provided separately to the Council for consideration.

Environmental Review:

An appeal of an administrative decision is not a project as defined under the California Environmental Quality Act (CEQA). The approval of MDRA 21-023 is categorically exempt from the provisions of CEQA as a Class 3 and Class 32 Categorical Exemption, pursuant to Sections 15303 and 15332 of the CEQA Guidelines, in that it proposes the construction of a single-family residence, which on less than five acres and is consistent with the existing General Plan and zoning designations and other requirements. Any City Council action to deny the appeal is exempt from CEQA for these same reasons.

Fiscal Impact:

None.

Public Notification:

A public notice was mailed to property owners within 500 feet of the Project site and to anyone who expressed interest in the Project. Notice was also posted on the City's website and on the property. 6 of 137
May 17, 2022, Item #10
Attachments: A.

Resolution
B.

Zoning/Location
Map
C.

Architectural
Renderings
D.

Site
Plan
E.

MDRA
21-023
Approval
Letter
dated
February
15,
2022
F.

Appeal
Letter
dated
February
25,
2022
G.

Affidavit
of
Mailing
for
MDRA
21-023
H.

Letter
and
Attachments
from
Sharp
Healthcare
I.

Public
Comments
Reviewed/
Approved
By:

Assistant
City
Manager
7 of
137
Reviewed
By:

Alan
Fenstermacher
City
Attorney
Approved
By:

May 17, 2022, Item #10

RESOLUTION
NO.
22-
A

RESOLUTION
OF
THE
CITY

COUNCIL
OF
THE
CITY
OF
POWAY,

CALIFORNIA,

DENYING
AN
APPEAL
(APL)
22-001
OF
MINOR

DEVELOPMENT
REVIEW

APPLICATION
(MORA)
21-
023

ASSESSOR'S
PARCEL
NUMBER
275-032-04

WHEREAS,
MORA
21-023
is
a
proposal
to
construct
a
6,670
square-foot
single-family
residence
with
an
attached
431-square-foot
garage
to
be
used
as
a
residential
care
facility
(hospice)
on
a

1.02-acre
lot
at
16752
Espola
Road,
in
the
Rural
Residential
C
(RR-C)
zone
("Project");

WHEREAS,
MORA
21-023
was
approved
by
City
staff
on
February
15,
2022;

WHEREAS,
Section

2.20.20 of
the
Poway
Municipal
Code
(PMC)
provides
for
the
appeal
of
administrative
decisions,
and
on
February
25,
2022,
an
appeal
was
filed
regarding
the
approval
of
MORA
21-023
("Appeal");
and

WHEREAS,
on
May
17,
2022,
the
City
Council
at
a
public
meeting
considered
comments
from
the
public,
both
pro
and
con,
relative
to
this
appeal,
including
written
materials
and
oral
presentations
by
both
the
appellants
and
the
applicant,
and
incorporates
all
the
Agenda
Report
for the
May
17,
2022
public
hearing
on
the
appeal
and
all
materials
attached
hereto
into
this
resolution
by
reference.

NOW,

THEREFORE,
BE
IT

RESOLVED
by
the
City
Council
of
the
City
of
Poway
as
follows:

SECTION
1:

A
request
for
City
Council
appeal
of
an
administrative
decision
itself
is
not
a
project
as
defined
under
the
California
Environmental
Quality
Act
(CEQA),
but
the
denial
of
the
appeal
and
final
approval
of
the
Project
is
exempt
from
CEQA
under
both
the
Class
3 and
Class
32 exemptions,
as
set
forth
in
CEQA
Guidelines
sections
15303
and
15332.

SECTION
2:

The
Appeal
of
the
approval
of
MORA
21-023
is
denied.

In
support
of
the
City
Council's
denial
of
the
Appeal,
the
City
Council
incorporates
by
reference
all
the
factual
determinations
and
findings
made
by
City
Staff
in
its
original
approval
of
MORA
21-023,
as
well
as
of
City
Staff's
responses
to
the
Appeal
set
forth
in
the
Agenda
Report
for the
April
17,
Appeal
hearing,
as
if fully
set
forth
herein.

The
City
Council
also
makes
the
following
further
findings
in
support
of
its
denial
of
the
Appeal:

A.

The
design
review
process
for
this
Project
recognized
and
implemented
the
interdependence
of
land
values
and
aesthetics
to
the
benefit
of
the
City.

The
Project
has
been
designed
to
be
architecturally
compatible
and
in
scale
with
the
surrounding
residential
development.

In
terms
of
scale,
the
Project
is
only
a
one-story
facility
and
follows
applicable
lot
coverage
and
setback
requirements.

In
terms
of
aesthetics,
the
Project
has
been
designed
so
the
proposed
exterior
building
materials
will
be
similar
and
compatible
with
the
surrounding
residential
development.

Its
landscape
plan
and
fence
provide
sufficient
screening
of
its
parking
facilities
to
minimize
visual
impacts.

Moreover,
the
Project
is
conditioned
to
remove
its
north
driveway
to
reduce
views
of
its
parking
spaces.

The
Project
maintains
a
high
level
of
on-site
parking
above
the
minimum
level
recommended
in
order
to
avoid
the
risk
of
Project-related
street
parking.

The
Project
includes
a
privacy
fence
requested
by
the
area
neighbors
adjacent
to
8 of
137

ATTACHMENT
A
May 17, 2022, Item #10
Resolution
No.
22-
Page
2 the
neighborhood
pedestrian
and
equestrian
trail
to
maintain
the
value
of
this
neighborhood
amenity.

There
is
no
evidence
in
the
record
that
the
Project
would
negatively
impact
property
values,
and
the
only
evidence
is
from
the
Applicant,
which
indicates
the
no
such
impacts
have
occurred
from
its
operation
of
a
similar
facility
in
San
Diego
County.

B.

The
Project
encourages
the
orderly
and
harmonious
appearance
of
structures
and
property
within
the
City
along
with
associated
facilities,
such
as
but
not
limited
to
signs,
landscaping,
parking
areas
and
streets.

The
Project
has
been
designed
to
follow
the
City's
sign
ordinance
and
landscaping
ordinance.

The
Project
has
been
designed
so
the
proposed
exterior
building
materials
will
be
similar
and
compatible
with
the
surrounding
residential
development.

The
Project
provides
ample
on-site
parking
above
the
parking
levels
needed
for
the
Project's
average
daily
trips
and
is
able
to
accommodate
parking
on
a
maximum
peak
trip
day
in
order
to
avoid
the
risk
of
Project-related
parking
on
the
street.

To
maximize
the
harmonious
appearance
of
the
Project
and
its
interaction
with
the
local
street,
the
Project
is
conditioned
to
remove
its
north
driveway
and
the
remaining
driveway
is
designed
to
follow
requirements
of
unobstructed
sight
angles
for
safe
ingress
and
egress
onto
the
local
street.

The
Project
only
adds
a
net
increase
of
eight
trips
to
the
local
road
compared
to
the
previous
home
at
the
property,
and
the
local
road
is
not
at
maximum
capacity.

Therefore,
there
is
substantial
evidence
the
proposed
development
encourages
the
orderly
and
harmonious
appearance
of
structures
and
property
within
the
City
along
with
associated
facilities,
such
as
, but
not
limited
to,
signs,
landscaping,
parking
areas,
and
streets.

C.

The
Project
maintains
the
public
health,
safety,
and
general
welfare,
and
property
within
the
City.

The
Project
is
required
to
be
constructed
in
accordance
with
the
California
Green
Building
Code,
which
is
designed
to
assure
that
residential
structures
are
safe
and
maintain
public
health
and
the
general
welfare.

Moreover,
the
Project
has
been
designed
to
follow
the
City's
sign
ordinance
and
landscaping
ordinance.

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
the
applicant
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.

The
Project
provides
ample
on-site
parking
above
the
minimum
parking
levels
recommended
for
similar
health
care
facilities
in
order
to
avoid
the
risk
of
Project-related
parking
on
the
street.

To
maximize
the
harmonious
appearance
of
the
Project
and
its
interaction
with
the
local
street,
the
Project
is
conditioned
to
remove
one
of
its
driveways
and
the
remaining
driveway
is
designed
to
follow
requirements
of
unobstructed
sight
distance
requirements
for
safe
ingress
and
egress
onto
the
local
street.

The
Project
only
adds
a
net
increase
of
eight
trips
to
the
local
road
compared
to
the
previous
home
at
the property
and
the
local
road
is
not
at
maximum
capacity.

Finally,
the
residence
will
be
staffed
twenty-four
hours
a
day,
seven
days
a
week,
to
monitor
operations
and
control
visitor
access,
as
well
as
for
general
security.

Accordingly,
there
is
substantial
evidence
the
Project
maintains
the
public
health,
safety
and
general
welfare,
and
property
within
the
City.

D.

The
design
review
process
worked
to
assist
this
private
development
Project
to
be
more
cognizant
of
public
concerns
for
the
aesthetics
of
development.

Following
notice
to
adjacent
landowners
within
and
during
the
extended
comment
period,
the
City
received
input
on
ways
the
Project
could
enhance
its
aesthetics
to
reduce
visual
impacts
to
the
public.

In
addition
to
the
already
robust
landscape
plan
to
protect
the
public
from
view
impacts
of
the
Project's
parking
lot,
the
City
staff
agreed
to
condition
the
Project
to
remove
one
of
its
driveways
to
further
reduce
the
neighborhood's
view
of
the
Project's
parking
facilities.

In
addition,
the
design
9 of
137
May 17, 2022, Item #10
Resolution
No.
22-
Page
3 review
process
led
to
improved privacy
fencing
between
the
Project
and
the
neighborhood's
adjacent
pedestrian
and
equestrian
trail
to
reduce
impacts
to
the
aesthetics
of
this
neighborhood
amenity.

Accordingly,
there
is
substantial
evidence
the
design
review
process
worked
to
assist
this
private
development
project
to
be
more
cognizant
of
public
concerns
for
the
aesthetics
of
development.

E.

The
design
review
process
worked
to
reasonably
ensure
that
this
new
development
does
not
have
an
adverse
aesthetic,
health,
safety
or
architecturally
related
impact
on
existing
adjoining
properties
or
the
City
in
general.

Following
notice
to
adjacent
landowners
and
the
extended
comment
period,
the
City
received
input
on
ways
the
Project
could
enhance
its
aesthetics
to
reduce
visual
impacts
to
the
public.

In
addition
to
the
already
robust
landscape
plan
to
protect
the
public
from
view
impacts
of
the
Project's
parking
lot,
the
City
staff
agreed
to
condition
the
Project
to
remove
one
of
its
driveways
to
further
reduce
the
neighborhood's
view
of
the
Project's
parking
facilities
and
the
remaining
driveway
is
designed
to
follow
requirements
of
unobstructed
sight
distances
for
safe
ingress
and
egress
onto
the
local
street.

In
addition,
the
design
review
process
led
to
improved
privacy
fencing
between
the
Project
and
the
neighborhood's
adjacent
pedestrian
and
equestrian
trail
to
reduce
impacts
to
the
aesthetics
of
this
neighborhood
amenity.

The
Project
is
required
to
be
constructed
in
accordance
with
applicable
building
codes,
which
are
designed
to
assure
that
structures
are
safe
and
maintain
public
health
and
the
general
welfare.

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.

The
Project
only
adds
a
net
increase
of
eight
trips
to
the
local
road
compared
to
the
previous
home
at
the
property,
and
the
local
road
is
not
at
maximum
capacity.

Expert
City
engineers
and
applicant's
third
party
engineer
have
determined
the
proposed
vehicular
access
location
is
in
the
best
interest
of
the
public
health
and
safety.

Accordingly,
there
is
substantial
evidence
the
design
review
process
worked
to
reasonably
ensure
that
this
new
development
does
not
have
an
adverse
aesthetic,
health,
safety,
or
architecturally
related
impact
on
existing
adjoining
properties
or
the
City
in
general.

F.

The
proposed
development
complies
with
all
applicable
prov1s1ons
of
the
Zoning
Code
and
General
Plan
as
a
residential
use.

The
single-family
structure
is
deemed
to
be
a
residential
use
consistent
with
local
residential
zoning
because
the
use
classification
is
established
by
State
and
federal
laws
that
require
zoning
protection
for
residential
and
health
facilities
that
service
the
terminally
ill
and
disabled.

The
City
cannot
interpret
its
General
Plan
and
Zoning
Code
to
preempt
applicable
State
and
federal
laws
by
requiring
a
costly
rezone
to
a
commercial
or
other
use
through
a
vote
of
the
electorate
prior
to
approving
permits
to
develop
this
healthcare
facility.

Moreover,
the
Project
has
been
designed
to
follow
the
City's
sign
ordinance
and
landscaping
ordinance.

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
Accordingly,
there
is
substantial
evidence
the
proposed
development
complies
with
all
applicable
provisions
of
the
Zoning
Code
and
General
Plan
as
a
residential
use. 10
of
137
May 17, 2022, Item #10
Resolution
No.
22-
Page
4 SECTION
3:

The
City
Council
further
finds
that
the
Project
must
be
considered
a single­
family
use
pursuant
to
State
law.

SECTION
4:

The
City
Council
further
finds
that
the
Project
will
serve
disabled
individuals,
and
thus
finds
that
approval
of
the
Project
is
an
appropriate
and
justified
reasonable
accommodation
consistent
with
the
Federal
Fair
Housing
Act
and
California
Fair
Employment
and
Housing
Act.

SECTION
5:

The
City
Council's
decision
to
deny
the
Appeal
is
final,
and
the
approval
of
MORA
21-023
by
City
staff
on
February
15,
2022,
remains
in
full
force
and
effect.

SECTION
6:

The
City
Council's
decision
to
deny
the
Appeal
is
subject
to
judicial
review
under
California
Code
of
Civil
Procedure
section
1094.5.

PASSED,

ADOPTED
AND

APPROVED
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California
on
the
17th
day
of
May,
2022
by
the
following
vote,
to
wit:

AYES: NOES: ABSENT: DISQUALIFIED:

Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk
11 of
137
May 17, 2022, Item #10
Edina
Way
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12 of
137
City
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Poway
1 Zoning/
Location
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°"TIE : NOYEMIER12. 2Qll
GI .0
May 17, 2022, Item #10
STEVE
Vr\US,
t--fayor
JOHN
l\,fULLlN,
Dcput:y
l'vfa)•or
CA
YLIN
FRANK,
Councilmcrnbcr
DAVE

GROSCH,
Councilmc:mbcr
BARRY

LEONARD,
Councilmcmbcr
February
15,
2022
Solana
Vista
Builders
Attn:

Keith
Kulberg
CITY
OF
POWAY
101
North
Acacia
St.,
Ste,
108
Solana
Beach,
CA
92075
Subject:

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

Kulberg,
Your
request
for
approval
of
MORA
21-023
has
been
approved
subject
to
the
conditions
contained
in
this
letter.

The
approval
of
MORA
21-023
allows
for
the
construction
of
a
6,670
square-foot
single­
family
residence
with
an
attached
431-square-foot
garage
to
be
used
as
a
residential
care
facility
located
at
16752
Espola
Road
in
the
Rural
Residential
C
(RR-C).

Notice
is
further
given
that
pursuant
to
Government
Code
Section
66020(d)(1
),
the
90-day
period
to
protest
the
imposition
of
any
fee,
dedication,
reservation,
or
other
exaction
described
in
this
letter
begins
on
the
date
of
this
approval
and
any
such
protest
must
be
in
a
manner
that
complies
with
Government
Code
Section
66020.

In
addition
to
the
appeal
requirements,
pursuant
to
the
Government
Code,
a
written
appeal
of
this
decision
pursuant
to
the
PMC
must
also
be
filed.

Environmental
Findings:

MORA
21-023
is
Categorically
Exempt
from
the
provisions
of
the
California
Environmental
Quality
Act
(CEQA),
as
a
Class
3(a)
Categorical
Exemption,
pursuant
to
Section
15303
of
the
CEQA
Guidelines,
in
that
it
proposes
the
construction
of
a
single-family
residence.

Findings: A.

The
project
has
been
designed
to
be
architecturally
compatible
and
in
scale
with
the
existing
surrounding
residential
development.

Therefore,
the
project respects
and
recognizes
the
interdependence
of
land
values
and
aesthetics
to
the
benefit
of
the
City.

B.

The
project
has
been
designed
to
minimize
impacts
on
surrounding
development
in
that
the
building
has
been
designed
to
be
compatible
with
surrounding
residential
development.

Therefore,
the
proposed
development
respects
public
concerns
for
the
aesthetics
of
development
and
encourages
the
orderly
and
harmonious
appearance
of
structures
and
property
within
the
City.

C.

The
granting
of
the
MORA
would
not
be
materially
detrimental
to
the
public
health,
safety
or
welfare
within
the
community
since
the
proposed
project
will
be
required
to
construct
the
necessary
utility
service
improvements
and
adequate
infrastructure
exists
in
the
area
to
serve
the
site.

City
Hall
Located
at
13325
Civic
Center
Drive
Mailing
Address:

P.O.

Box
789,
Poway,
California
92074,0789
16 of
137

ATTACHMENT
E
May 17, 2022, Item #10
Sharp
Mountainview
Hospice
Home
MORA
21-023
February
15,
2022
Page
2 D.

The
project
has
been
designed
so
the
proposed
exterior
building
materials
will
be
similar
and
compatible
with
the
surrounding
residential
development.

Therefore,
the
proposed
development
respects
the
public
concerns
for
the
aesthetics
of
development.

E.

The
project
will
not
have
an
adverse
effect
on
the
aesthetics,
health
and
safety,
or
an
architecturally­
related
impact
upon
adjoining
properties,
as
the
project
will
be
compatible
in
design
and
have
exterior
building
materials
consistent
with
the
surrounding
residential
development.

F.

The
design
of
the
proposed
development
is
consistent
with
all
elements
of
the
Poway
General
Plan
and
conforms
with
applicable
provisions
of
the
Zoning
Code.

Conditions
of
Approval:

A.

The
applicant
shall
defend,
indemnify,
and
hold
harmless
the
City,
its
agents,
officers,
and
employees
from
any
and
all
claims,
actions,
proceedings,
damages,
judgments,
or
costs,
including
attorney's
fees,
against
the
City
or
its
agents,
officers,
or
employees,
relating
to
the
issuance
of
this
permit,
including,
but
not
limited
to,
any
action
to
attack,
set
aside,
void,
challenge,
or
annul
this
development
approval
and
any
environmental
document
or
decision.

The
City
may
elect
to
conduct
its
own
defense,
participate
in
its
own
defense,
or
obtain
independent
legal
counsel
in
defense
of
any
claim
related
to
this
indemnification.

In
the
event
of
such
election,
applicant
shall
pay
all
of
the
costs
related
thereto,
including
without
limitation
reasonable
attorney's
fees
and
costs
.

In
the
event
of
a
disagreement
between
the
City
and
applicant
regarding
litigation
issues,
the
City
shall
have
the
authority
to
control
the
litigation
and
make
litigation
related
decisions
, including,
but
not
limited
to,
settlement
or
other
disposition
of
the
matter.

However,
the
applicant
shall
not
be
required
to
pay
or
perform
any
settlement
unless
such
settlement
is
approved
by
the
applicant.

B.

Approval
of
this
request
shall
not
waive
compliance
with
the
Zoning
Ordinance
and
all
other
applicable
City
Ordinances
in
effect
at
the
time
of
Building
Permit
issuance.

C.

Development
on
the
site
must
comply
with
the
Poway
Noise
Ordinance,
Chapter

8.08 Poway
Municipal
Code
(PMC)
.

Construction
work
is
specifically
regulated
by
PMC

8.08.100.

D.

The
site
shall
be
developed
in
accordance
with
the
approved
project
plans
(Exhibit
A)
and
conditions
of
approval
on
file
in
the
Development
Services
Department
and
the
conditions
contained
herein.

E.

Prior
to
grading,
the
applicant
shall
obtain
a
Grading
Permit.

Prior
to
issuance
of
a
Grading
Permit,
the
applicant
shall
comply
with
the
following:
(Engineering) 1.

Applicant
shall
incorporate
Low
Impact
Development
(LID)
design
features
into
the
site
development.

These
shall
be
clearly
shown
and
identified
on
the
grading
plan
and
be
appropriately
sized
for
the
proposed
level
of
development.

2. Submit
a
precise
grading
plan
for
the
development
of
the
lot
prepared
on
a
City
of
Poway
standard
sheet
at
a
scale
of
1"
=
20',
unless
otherwise
approved
by
the
City
project
engineer.

Submittal
shall
be
made
to
the
Department
of
Development
Services
Engineering
Division
for
17 of
137
May 17, 2022, Item #10
Sharp
Mountainview
Hospice
Home
MORA
21-023
February
15,
2022
Page
3 review
and
approval.

The
grading
design
shall
be
100%
complete
at
the
time
of
submittal,
ready
for
approval
and
issuance
of
permit.

Incomplete
submittals
will
not
be
accepted.

All
technical
studies
as
required
by
Chapter
16 of
the
Poway
Municipal
Code
shall
be
submitted.

3. The
grading
plan
shall
show
the
southern
driveway
along
Valle
Verde
as
the
only
vehicular
entrance
to
the
site.

4. A
drainage
study
addressing
the
impacts
of
the
100-year
sto
rm
event
prepared
by
a
licensed
CivH
Engineer
is
to
be
submitted
and
approved
. The
study
shall
evaluate
existing
and
proposed
hydrologic
and
hydraulic
conditions
to
the
satisfaction
of
the
City
project
engineer.

5. Water
Quality
Control
-
Design
and
Construction
The
project
shall
comply
with
the
City
and
Regional
Water
Quality
Control
Board
stormwater
requirements.

The
project
is
considered
a
Priority
Development
Project
and
will
be
subject
to
all
City and
State
requirements.

A
Final
Storm
Water
Quality
Management
Plan
(SWQMP)
prepared
by
a
registered
Civil
Engineer
is
to
be
submitted
and
approved.

The
applicant
will
be
required
to
install
approved
trash
treatment
control
devices
and
include
these
facilities
in
the
SWQMP
.
a.

Property
owner
shall
execute
an
approved
Storm
Water
Management
Facilities
Maintenance
Agreement
(SWFMA)
accepting
responsibility
for
all
structural
BMP
maintenance,
repair
and
replacement
as
outlined
in
the
Operations
and
Maintenance
plan.

The
easement
and
operation
and
maintenance
requirements
shall
be
binding
on
the
land
as
outlined
in
Chapter

16.104
of
the
Poway
Municipal
Code.
b.

Provide
one
copy
of
each
of
the
exhibits
necessary
for
the
SWFMA.

Exhibits
shall
include
but
are
not
limited
to:

Property
and
Easement
Legal
Descriptions,
Site
Plan,
and
an
Operation
&
Maintenance
(O&M)
plan
in
accordance
with
Chapter

16.104
of
the
Poway
Municipal
Code.
c.

Upon
approval
of
the
SWQMP,
provide
a
PDF
version.

6. Water
Quality
Control
-
Construction
Storm
Water
Management
Compliance
Proof
of
coverage
under
the
General
Permit
for
Discharges
of
Storm
Water
Associated
with
Construction
Activity
(Construction
General
Permit,
2009-0009-DWQ,
as
amended
by
order
2010-0014)
shall
be
provided
to
the
City
along
with
a
copy
of
the
Storm
Water
Pollution
Prevention
Plan
(SWPPP).

7. Grading
securities
shall
be
posted
with
the
City
prior
to
grading
plan
approval
per
section

16.46 .080
of
the
Poway
Municipal
Code.

A
minimum
cash
security
of
$2,000
is
required
in
all
instances.

8. The
applicant
shall
pay
the
storm
water
pollution
inspection
fee
according
to
the
latest
adopted
master
fee
schedule.
18 of
137
May 17, 2022, Item #10
Sharp
Mountainview
Hospice
Home
MORA
21-023
February
15,
2022
Page
4 9.

Following
approval
of
the
grading
plans,
posting
of
securities
and
fees,
and
receipt
of
one
copy
of
the
SWPPP
and
three
copies
of
the
approved
plans,
the
applicant
shall
attend
a
pre­
construction
meeting
at
the
Department
of
Development
Services.

The
scheduling
request
shall
be
submitted
on
a
City
standard
form
available
from
the
City's
project
engineer.

The
applicant's
action
plan
that
identifies
measures
to
be
implemented
during
construction
to
address
erosion,
sediment
and
pollution
control
will
be
discussed.

Compliance
for
sediment
control
shall
be
provided
as
directed
by
the
project
inspector.

10. Prior
to
start
of
any
work
within
a
City-held
easement
or
right-of-way,
a
Right-of-Way
Permit
shall
be
obtained
from
the
Engineering
Division
of
the
Development
Services
Department.

All
appropriate
fees
shall
be
paid
prior
to
permit
issuance.

11. Construction
staking
is
to
be
inspected
by
the
Engineering
Inspector
prior
to
any
clearing,
grubbing
or
grading.

At
a
minimum,
all
protected
areas
as
shown
on
the
approved
grading
plans
are
to
be
staked
under
the
direction
of
a
licensed
land
surveyor
or
licensed
civil
engineer
and
delineated
with
lathe
and
ribbon
.

As
applicable,
proviqe
two
copies
of
a
written
certification,
signed
and
sealed
in
accordance
with
the
Business
and
Professions
Code,
by
the
engineer
of
record
stating
that
all
protected
areas
have
been
staked
in
accordance
with
the
approved
plans.
12 . Erosion
control
shall
be
installed
and
maintained
by
the
developer
from
October
1 to
April
30 annually.

The
developer
shall
maintain
all
erosion
control
devices
throughout
their
intended
life.

13. All
spoil
materials
from
footings
and
foundations
shall
be
legally
disposed
of
off-site
or
if
the
material
is
to
remain
onsite,
the
material
shall
be
placed
per
the
requirements
of
the
City
grading
ordinance.

14. Improvement
plans
prepared
on
a
City
of
Poway
standard
sheet
at
a
scale
of
1"
=
20',
unless
otherwise
approved
by
the
City's
project
engineer,
in
accordance
with
the
submittal
and
content
requirements
listed
in
the
Poway
Municipal
Code
shall
be
approved.

Submittal
shall
be
made
to
the
Department
of
Development
Services
Engineering
Division
for
review
and
approval.

The
improvement
design
shall
be
100%
complete
at
the
time
of
submittal
and
ready
for
approval.

The
improvement
plan
shall
include
the
proposed
fire
hydrant
on
Valle
Verde
Road
.

15. The
project
requirements
for
fire
protection
specify
the
installation
of
a
fire
hydrant
and
expansion
of
the
water
system
necessary
to
support
the
installation
of
the
hydrants
. A
Water
System
Analysis
may
be
required
for
final
design
of
the
proposed
water
system
expansion.

Applicant
shall
pay
for
the
cost
of
preparing
the
analysis
prior
to
submittal
of
improvement
plans.

16. The
public
improvement
plan
shall
be
reviewed
and
approved
to
the
satisfaction
of
the
City
Engineer.

Upon
approval
of
the
improvement
plan,
the
applicant
shall
enter
into
a
Standard
Agreement
for
public
improvements
for
the
work
to
be
done
as
part
of
the
Public
Improvement
plan.

The
applicant
will
be
responsible
for
posting
securities
for
monumentation
and
public
improvements.

F.

Prior
to
construction,
the
applicant
shall
obtain
a
Building
Permit.

Prior
to
issuance
of
a
Building
Permit,
the
applicant
shall
comply
with
the
following:
19 of
137
May 17, 2022, Item #10
Sharp
Mountain
view
Hospice
Home
MORA
21-023
February
15,
2022
Page
5 (Engineering) 1.

The
fire
hydrant
on
Valle
Verde
Road
shall
be
installed
and
accepted
by
the
City.

2. The
site
shall
be
developed
in
accordance
with
the
approved
grading
plans
on
file
in
the
Developmen
t Services
Department
and
the
conditions
contained
herein.

Grading
shall
be
in
accordance
with
the
Uniform
Building
Code,
the
City
Grading
Ordinance,
the
approved
grading
plan,
the
approved
soils
report,
and
grading
practices
acceptable
to
the
City.

3. Applicant
shall
obtain
a
Grading
Permit
and
complete
rough
grading
of
the
site.

The
grading
shall
meet
the
approval
of
the
Engineering
Inspector
and
the
project's
geotechnical
engineer.

Following
completion
of
rough
grading,
please
submit
the
following:
a)
Two
copies
of
certification
of
line
and
grade
for
the
lot,
prepared
by
the
civil
engineer
of
work.
b)
Two
copies
of
a
soil
compaction
report
for
the
lot,
prepared
by
the
project's
geotechnical
engineer.

The
certification
and
report
are
subject
to
review
and
approval
by
the
City.

4. The
applicant
shall
pay
all
applicable
development
impact
fees
in
effect
at
time
of
permit
issuance.

5. Prior
to
start
of
any
work
within
a
City-held
easement
or
right-of-way,
a
Right-of-Way
Permit
shall
be
obtained
from
the
Engineering
Division
of
the
Development
Services
Department.

All
appropriate
fees
shall
be
paid
prior
to
permit
issuance.
(Planning) 6.

School
impact
fees
shall
be
paid
at
the
rate
established
at
the
time
of
Building
Permit
issuance.

Please
contact
the
Poway
Unified
School
District
for
additional
information
at
(858)
679-2570.

7. An
Affordable
Housing
In-Lieu
Fee
of
$500
for
the
main
residence
shall
be
collected
prior
to
the
Building
Permit
issuance.

8. The
residence
shall
be
equipped
with
low-flow
plumbing
fixtures.

9. Exterior
building
materials
and
finishes
shall
be
muted
earth
tones
and
shall
be
consistent
with
the
elevations
on
file
at
the
City
(Exhibit
A).

Please
note
the
colors
of
exterior
finishes
on
the
building
plans
.

10. Landscape
and
irrigation
plans
shall
be
submitted
and
approved.

The
landscape
and
irrigation
plans
shall
demonstrate
compliance
with
the
City
of
Poway
Landscape
and
Irrigation
Design
Manual,
Chapters

17.41 of
the
Poway
Municipal
Code
(PMC),
and
all
other
applicable
standards
in
effect
at
the
time
of
landscape
and
irrigation
plan
check
submittal.

This
includes
but
is
not
limited
to
the
submittal
of
an
irrigation
audit
report,
pursuant
to
Section

17.41.110
of
the
PMC,
prior
to
final
inspections/issuance
of
a
Certificate
of
Occupancy.

The
landscape
and
irrigation
plan
submittal
are
a
separate
submittal
from
other
project
plan
check
submittals
and
is
made
directly
to
the
Planning
Division.

Contact
the
Planning
Division
for
copies
of
applicable
City
standards,
the
landscape
and
irrigation
plan
submittal
checklist
and
the
plan
review
fee
20 of
137
May 17, 2022, Item #10
Sharp
Mountainview
Hospice
Home
MORA
21-023
February
15,
2022
Page
6 worksheet.

Landscape
and
irrigation
plan
review fees
are
required
and
are
the
responsibility
of
the
applicant.

11. Parking
areas
shall
be
screened
with
berms
and
landscaping.

Plantings
shall
be
evergreen
and
spaced
to
ensure
adequate
screening
within
two
years
of
installation.

Plantings
shall
consist
of
trees
and
shrubs,
at
least
15-gallon
and
five-gallon
container
sizes
respectively,
to
provide
required
screening.

G
.

Prior
to
issuance
of
a
Certificate
of
Occupancy:
(Engineering) 1.

The
public
improvements
shall
be
installed
and
completed.

2. The
stormwater
facilities
shall
be
complete
and
operational.

3. All
applicable
easement
dedications
and
maintenance
agreements
are
to
be
recorded.

4. Two
copies
of
record
drawings,
signed
by
the
engineer
of
work,
shall
be
submitted
to
Development
Services
prior
to
a
request
of
occupancy,
per
Section
16 .52.130B
of
the
Grading
Ord
inance.

Record
draw
ings
shall
be
submitted
in
a
manner
to
allow
the
City
adequate
time
for
review
and
approval
prior
to
issuance
of
occupancy
and
release
of
grading
securities
(at
least
three
weeks
prior
to
a
request
for
occupancy
is
recommended).

All
other
final
reports
and
agreements,
as
outlined
in
Section

16.52 .130
of
the
Grading
Ordinance
are
to
be
approved.

5. All
existing
and
proposed
utilities
or
extension
of
utilities
required
to
serve
the
project
shall
be
installed
underground.

6. The
drainage
facilities,
driveway
, and
all
utility
services
shall
be
installed
and
completed
by
the
property
owner
and
inspected
and
approved
by
the
Engineering
Inspector
. All
new
utility
services
shall
be
placed
underground.

7. An
adequate
drainage
system
shall
be
provided
around
the
new
building
pad
capable
of
handling
and
disposing
all
surface
water
to
the
satisfaction
of
the
Engineering
Inspector
.

8. The
applicant
shall
repair,
to
the
satisfaction
of
the
City
Engineer,
any
and
all
damage
to
public
or
private
improvements
caused
by
construction
activity
from
this
project.
(Planning)

9. Landscape
and
irrigation
shall
be
installed
and
maintained
in
accordance
with
the
approved
landscape
and
irrigation
plans
on
file
with
the
City
of
Poway
Planning
Division
.

All
landscaping
shall
be
maintained
in
a
thriving
condition.

10. The
site
shall
be
cleared
of
all
construction
materials,
supplies,
and
equipment.

H.

The
applicant
shall
comply
with
the
following
requirements
to
the
satisfaction
of
the
Director
of
the
21 of
137
May 17, 2022, Item #10
Sharp
Mountainview
Hospice
Home
MORA
21-023
February
15,
2022
Page
7 Safety
Services
(Fire
Department):

1. The
approved
fire
apparatus
access
(driveway)
for
fire
protection,
either
temporary
or
permanent
shall
be
made
available
as
soon
as
combustible
material
arrives
on
site.

2. A
fire
hydrant
capable
of
supplying
the
required
fire
flow
of
1,500
gallons
per
minute
(GPM)
for
fire
protection
shall
be
provided
within
600
feet
of
an
approved
route
to
all
premises
upon
which
facilities,
buildings,
or
portions
of
buildings
will
be
constructed.

3. Fire
apparatus
access
roads
shall
have
an
unobstructed,
improved
width
of
not
less
than
20 feet,
except
single-family
residential
driveways
serving
no
more
than
two
improved
parcels
containing
dwelling
units
shall
have
a
minimum
16 feet
of
unobstructed
improved
width.

In
most
cases,
the
City
of
Poway
construction
standards
for
streets
(Chapter

12.20 PMC)
will
be
more
restrictive.

The
more
restrictive
standard
shall
apply.

Vertical
overhead
clearance
shall
be
a
minimum
of
13 feet
6 inches.

Fire
apparatus
access
roads
shall
be
designed
and
maintained
to
support
the
imposed
loads
of
fire
apparatus
not
less
than
75,000
pounds
unless
authorized
by
the
fire
authority
having
jurisdiction
(FAHJ)
and
shall
be
provided
with
an
approved
paved
surface
as
to
provide
all-weather
driving
capabilities.

A
paved
driving
surface
shall
mean
asphalt,
concrete,
or
permeable
paving
system.

The
turning
radius
of
a
fire
apparatus
access
road
shall
be
a
minimum
of
28 feet
as
measured
to
the
inside
edge
of
the
improvement
width
or
as
approved
by
the
fire
code
official.

Alternatively,
every
building
shall
be
accessible
to
Fire
Department
apparatus
by
way
of
access
roadways
with
an
all-weather,
paved
driving
surface
of
not
less
than
16 feet
of
unobstructed
width
1 with
a
roadway
interior
turning
radius
of
not
less
than
28 feet
capable
of
supporting
the
imposed
loads
(75,000
pounds)
of
fire
apparatus
with
a
minimum
of
13-feet
6-inches
of
vertical
clearance.

4. Fire
apparatus
access
roads
(driveways)
shall
extend
to
within
150
feet
of
all
portions
of
the
exterior
walls
of
the
first
story
of
the
structure
as
measured
by
an
approved
route
around
the
exterior
of
the
building.

5. The
gradient for
a
fire
apparatus
access
roadway
shall
not
exceed
20 percent.

Grades
exceeding
15 percent
(incline
or
decline)
shall
be
constructed
of
Portland
cement
concrete
(PCC),
with
a
deep
broom
finish
perpendicular
to
the
direction
of
travel,
or
equivalent,
to
enhance
traction.

Grades
exceeding
10 percent
shall
be
constructed
of
asphalt
or
PCC.

Permeable
paver
systems
shall
not
be
used
for
grades
exceeding
10 percent.

The
fire
code
official
may
require
additional
mitigation
measures
where
he
or
she
deems
appropriate.

6. The
angle
of
departure
and
the
angle
of
approach
of
a
fire
access
roadway
shall
not
exceed
seven
degrees
(12
percent)
or
as
approved
by
the
fire
code
official.

7. All
dead-end
fire
access
roads
in
excess
of
150
feet
in
length
shall
be
provided
with
approved
provisions
that
allow
emergency
apparatus
to
turn
around.

A
cul-de-sac
shall
be
provided
in
residential
areas
where
the
access
roadway
serves
more
than
two
structures.

The
minimum,
unobstructed
paved
radius
width
for
a
cul-de-sac
shall
be
38 feet
in
residential
areas.

The
fire
code
official
shall
establish
a
policy
identifying
acceptable
turnarounds
for
various
project
types.

8. Approved
numbers/or
addresses
shall
be
placed
on
all
new
and
existing
buildings
and
at
appropriate
additional
locations
as
to
be
plainly
visible
and
legible
from
the
street
or
roadway
22 of
137
May 17, 2022, Item #10
Sharp Mountainview Hospice Home
MORA 21-023
February 15, 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