By Barry Leonard, Poway City Councilmember
Recently, residents have been inquiring about a hospice residence proposed at the corner of Valle Verde Road and Espola Road. Some feel this is an acceptable addition to the area and others disagree. We can all agree that everyone should receive the facts surrounding the location and the proposed use.
Sharp Healthcare purchased the property in March 2021. Sharp proposed to replace the existing home with a new building that met all current building codes for a single-family residence, including a single floor, six bedrooms, a kitchen, a living room and a two-car garage. Each bedroom would be a suite with a sitting area and outside access to a garden in the backyard. The proposed use of the home would be for hospice care to assist local families.
The City of Poway views this project as a single-family residential home in a residential zone. It is subject to all city building codes for new construction. The property owner can apply to the State of California for a license to operate the facility as a hospice home. The state would require compliance with all current codes for this specific use. The city does not have jurisdiction over the use, only the structure.
At this time, this project has only been issued a permit for demolition. Future permits for grading and building would be issued separately and are dependent upon the council’s decision at a future meeting.
The decision by the Poway Development Services department to grant a permit to build has been appealed by residents who feel the use is not appropriate for this location. An appeal hearing will be held at a future city council meeting. I fully expect that a discussion will take place between the city attorney and the appellants who also are lawyers. This should be educational for city council members and Poway residents.
Below are the city’s answers to commonly asked questions about the property and proposed use.
Is this a commercial entity being built in a residential zone?
By state law, it is not. State law dictates that certain care facilities licensed by the State of California for six or fewer residents must be considered a single-family use. These are allowed in any single-family zone. The proposed facility falls into this category and, therefore, must be allowed in this residential zone.
Why weren’t neighbors notified?
The Poway municipal code (PMC) specifically notes that as a single-family use, the process for review is a minor development review application (MDRA), which is considered and approved by Poway’s Development Services staff. This is an administrative process and does not require a public hearing before the city council. Even though noticing is not required for an MDRA, as a courtesy, the city sends a notice to adjacent property owners, allowing for a 10-day review period.
Is there a process for community members to provide feedback?
The administrative approval of the proposed building was formally appealed, and the hearing is scheduled for a future city council meeting. Per the PMC, the council’s decision is final. The meeting is open to the public and residents are invited to attend in person or online and speak if they so choose. The agenda report on the item will be posted one week in advance. For the agenda and information on how to participate, visit poway.org/councilmeetings.
How can this be the same as building a home?
State law requires the city to impose the same requirements and development standards on the proposed hospice residence that would be imposed on any single-family home in the zone in which it is located, and nothing more. This project has six bedrooms, a kitchen, and a two-car garage. The building has roofing and siding materials and designs that would be found on single-family homes.
Is this unusual for Poway?
The State of California licenses community care facilities. This information is available to the public at www.ccld.dss.ca.gov/carefacilitysearch/. We realize that assisted living facilities are not the same as hospice homes, but both operate as a type of residential care facility or congregate living facility. A search of assisted living facilities in Poway shows 34 licensed or pending licensed facilities. Of those, 25 have six residents or less and, therefore, would be considered single-family use by the state. Many of those are tucked into neighborhoods throughout Poway.
Does the City Council have jurisdiction over the use of this residence?
It is important to understand that the MDRA and the appeal hearing will address approving the structure and whether the application meets the requirements of a single-family home per the PMC. A state license is required to operate as a hospice facility in California. That step is separate and is coordinated through the California Department of Public Health. The city is not part of that process.
State law, which essentially preempts any local control of facilities with six beds or fewer, demands the proposed use not be a reason to deny the project. The city has very limited authority when California state law permits such use.
Until the matter is settled
Property ownership and land use are not always straightforward. In the case of the building permit, your city council will rely on expert legal opinions that should result in a respectful discussion and ruling. The State of California will determine if the use of the facility is permitted. Until this matter is settled, the lot will remain empty.
For more info on the hospice, please visit Sharp Mountain View Hospice.
