Board Upholds Termination of Golden Cross Health Care’s Nonconforming Rights to Pasadena Facility

The city’s Board of Zoning Appeals has upheld the termination of Golden Cross Health Care’s non-conforming rights over its former Pasadena building and property amid the discontinued use of the facility after the state suspended its license.

During its meeting on Thursday, the board voted unanimously to approve city staff’s recommendation to reject the appeal of Golden Cross Health Care, a nursing facility located at 1450 North Fair Oaks Avenue, for the reinstatement of its non-conforming Medical Services- Extended Care land use rights.

Non-conforming use rights are given to properties which purpose do not conform to the use regulations for the zoning district in which they are located.

According to the city’s zoning code, a non-conforming use shall lose its non-conforming staus and shall not be re-established if the same is discontinued for any reason for at least 12 months.

Last June 16, Zoning Administrator Luis Rocha determined that the facility lost its nonconforming status after 12 months of disuse.

The Zoning Administrator’s determination was made a year after the California Department of Public Health (CDPH) issued a Temporary Suspension of the facility’s license to operate over violations in relation to the coronavirus outbreak care standards that posed significant risk to the health and safety of its residents and employees.

As a result, its residents were transferred to a different facility.

During the public hearing, Jeff Harlan, who represented the owner of the property, urged the board to reject staff recommendation, saying the owner does not have any intention to discontinue the use of the facility even with the suspension of its operator’s license.

Harlan said the city does not satisfy the legal requirements to show that the owner voluntarily abandoned the property.

Citing the city’s zoning code, he said the determination of discontinuance shall be supported by evidence such as actual removal of equipment and turning off of utilities, among other actions.

“There is no intent to abandon and no action to abandon so ultimately, there is no evidence of any kind of voluntary abandonment. Even while the operator’s license is temporarily suspended, the property’s underlying use remains in continued operation under applicable law.”

“The property owner took affirmative steps to continue the use, staff was still employed and working on sites, the building was maintained and it was repaired and it was prepared for accepting new residents.”

For Commissioner Julianna Delgado, the discontinuance —whether voluntary or not—is irrelevant.

“I think if we set aside the large issue [which is] licensing and look at the narrow issue — whether the use was discontinued voluntarily or involuntarily, I think is irrelevant, but the fact is, it has been discontinued for whatever reason and there have been no patients and the very definition of that land use requires that there be patients that are receiving medical services.”

Commissioner Mic Hansen also shared the same sentiments.

“In order for it to be an operating facility it has to have patients. Without patients, how can a facility be operational for its intended purpose?”

Chair David Coher and Commissioner Carol Hunt Hernandez concurred with both Delgado and Hansen.

The decision made by the board is appealable before the City Council until Monday, August 30.