Res 22-023RESOLUTION NO. 22-023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, DENYING AN APPEAL (APL) 22-001 OF
MINOR DEVELOPMENT REVIEW APPLICATION (MDRA) 21-
023 ASSESSOR'S PARCEL NUMBER 275-032-04
WHEREAS, MDRA 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, MDRA 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 MDRA 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 MDRA 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 MDRA 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
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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. MDRA conditions were adopted to
avoid potential nuisance impacts on surrounding properties. MDRA Condition C requires the site
to comply with City noise ordinances. MDRA 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. MDRA 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
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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. MDRA conditions were adopted to avoid potential
nuisance impacts on surrounding properties. MDRA Condition C requires the site to comply with
City noise ordinances. MDRA 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. MDRA 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 provisions 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. MDRA Condition C requires the site to comply with City
noise ordinances. MDRA 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. MDRA 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.
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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 MDRA 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.
SECTION 7: The City Council hereby adds the following condition to MDRA 21-023, as
agreed to by the applicant:
Upon expiration of all applicable statutes of limitation, if and only if no claim has been filed
against the Project and there is adequate City right-of-way available, then upon mutual
agreement between the City and the Applicant on the required scope of work, the Applicant
shall construct a decomposed granite horse trail within City right-of-way on the east side of Valle
Verde Road opposite the Project from a point directly opposite the existing horse trail
intersection with Valle Verde Road to the intersection of Valle Verde Road and Espola Road at
the existing limits of the concrete paving, for dedication to the City upon completion, via the
Director of Development Services' approval of an Improvement Plan incorporating the trail into
the City's system of streets. Construction of the horse trail shall be completed prior to
occupancy of the building.
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: LEONARD, FRANK, GROSCH, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk/