City Council Approves Zoning Code Amendment Granting City More Latitude in Dealing With Assisted Living Facilities

The City Council unanimously approved an amendment to the city’s Zoning Code that allows the city to terminate a local business’ nonconforming use in the event of the revocation, termination or suspension of any license or permit that is required in order to operate a nonconforming business.

“The proposed Text Amendment seeks to ensure that nonconforming uses that require a license or permit to operate, may not be re-established if that license is revoked or suspended,” according to a staff report contained in the City Council agenda.

Specifically, the amendment ends a nonconforming status under
violation of any applicable law, the revocation or termination or suspension of any license or permit that is required in order to operate the nonconforming use, a change from a nonconforming use to another nonconforming use, a change from a nonconforming use to a conforming use, and certain instances when there is an increase or enlargement of the area, space, or volume of the structure or land occupied by or devoted to the nonconforming use, according to the report.

The amendment could allow the city more authority in dealing with nonconforming assisted living facilities that have been allowed to operate under nonconforming uses, in some cases since the 1960s.

“This is a step in the right direction,” said Councilman Tyron Hampton.

An overconcentration of assisted living facilities are located on North Fair Oaks Avenue, just north of Washington Boulevard, in Hampton’s district.

“I think this has been a long time coming,” said Mayor Victor Gordo, who led the City Council’s battle against nonconforming liquor stores when he served as the District 5 councilman.
Many such facilities are “grandfathered in,” which means they opened years ago before current rules were in place to regulate them.

Under the city’s current provisions, some nonconforming businesses can close for up to 12 months and maintain their nonconforming status if they reopen, even if the businesses have been sold.

Last week, the city’s Board of Zoning Appeals continued a hearing on an appeal to re-establish a nonconforming use at the site of a previous substance recovery center on North Raymond Avenue.

Pasadena Senior Villa Living is attempting to open a residential care facility at 1811 N. Raymond Ave., the previous location of the Pasadena Recovery Center.

But under current zoning codes, a residential care facility is not permitted in the zoning district, which is zoned for a multifamily residential home.

The residential care facility’s use was grandfathered in and subsequent facility operated as a nonconforming use.

Nonconforming uses were established before the codes and policies that are in place today were approved, and allow businesses to operate outside of current regulations, including zoning codes.

The city revoked the site’s nonconforming use one year after the Pasadena Recovery Center closed in 2018 and the nonconforming use was not used for 12 months.