Planning Commission Calls for Review of Senior Living Facility’s Nonconforming Use Status

The Planning Commission called for a review of a zoning administrator’s determination that a senior living facility did not lose its nonconforming status.

The commission sent the matter back to the Board of Zoning Appeals (BOZA) for further consideration.

Although the city revoked the nonconforming use for the site at 1811 N. Raymond Ave., a zoning administrator later agreed with materials provided by the owner stating the need for the designation.

Planning Commission member David Coher told Pasadena Now that he asked to have the issue decided by the Planning Commission to ensure full transparency of the details leading to the decision. 

“When a decision is steeped in procedure, like here, it’s especially important that everyone have a chance to see and understand the ‘why’ behind it, to ensure both that the right decision has been made and that the community has comfort with the decision,” Coher said. 

“The last time this matter came up was two decades ago, so it’s important that we get things right as the decisions made here, today, maybe choosing what we have to live with for a generation,” he said.

Pasadena Senior Villa Living wants to open a residential care facility at 1811 N. Raymond Ave., the previous location of the Pasadena Recovery Center. However, senior living facilities are no longer zoned for the area, which means an assisted living facility cannot operate there without first acquiring a nonconforming status. 

The city revoked the site’s previous nonconforming status in 2018 after the Pasadena Recovery Center shut down. The nonconforming use designation has not been used for 12 months.

In December, BOZA voted 4-1 to continue Pasadena Senior Villa Living’s efforts to re-establish the property’s nonconforming use status. The matter was not heard in January or at last Friday’s BOZA meeting.

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

An overconcentration of these types of facilities currently exists on North Fair Oaks Avenue, near Washington Boulevard, according to a city staff report.

In January, the City Council unanimously approved an amendment to the city’s zoning code that allows the city to terminate a local business’ nonconforming use status 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 center was made famous by the reality television show “Celebrity Rehab with Dr. Drew.” On June 8, 2018, the California Department of Health Care Services (DHCS) suspended the license required to operate the facility after investigating the death of a patient and several other violations.