City Council Memorandum
TO: HONORABLE MAYOR AND CITY COUNCIL DATE: FEBRUARY 8, 2022 FROM: COMMUNITY & ECONOMIC DEVELOPMENT WARD: 7
DEPARTMENT
SUBJECT: PLANNING CASE PR-2021-001195 MODIFICATION OF CONDITIONS – PROPOSAL BY COLLIN WALCKER OF OVERLAND DEVELOPMENT COMPANY TO MODIFY CONDITION OF APPROVAL #4 RELATED TO PLANNING CASES P06-0555 SITE PLAN REVIEW PERMIT AND P06-0557 DESIGN REVIEW REQUIRING AN AGE RESTRICTIVE COVENANT FOR A CONGREGATE CARE FACILITY APPROVED IN 2006 – LOCATED AT 4866 SIERRA VISTA STREET, SITUATED ON THE SOUTHEAST CORNER OF PIERCE STREET AND SIERRA VISTA AVENUE ISSUE:
Approve a request by Collin Walcker of Overland Development Company to modify the condition of approval #4 related to Planning Cases P06-0555 Site Plan Review Permit and P06-0557 Design Review requiring an age restrictive covenant for a congregate care facility approved in 2006.
RECOMMENDATIONS:
That the City Council:
Determine that the project is exempt from California Environmental Quality Act (CEQA) review pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines, as it can be seen with certainty that the project will not have a significant effect on the environment; and Approve Planning Case PR-2021-001195 Modification of Conditions to modify condition of approval #4, subject to the recommended conditions of approval.
BACKGROUND:
On October 3, 2006, the City Council approved Planning Cases P06-0501 (Specific Plan Amendment), P06-0947 (General Plan Amendment), P06-0554 (Rezone), P06-0555 (Site Plan Review Permit), P06-0556 (Parcel Map), and P06-0557 (Design Review) for the following developments (Attachments 1 and 2):
Parcel 1: A 200-unit congregate care facility;
Parcel 2: 200 age-restricted senior housing; and
Parcel 3: 264 multi-family residential complex
Condition of Approval #4 for Planning Cases P06-0555 and P06-0557 states the following:
“A covenant and agreement shall be reviewed, approved and recorded to the satisfaction of the Planning Division and City Attorney' s Office to ensure that the Senior Apartment units and the congregate care facility units will be occupied by residents of 55 years of age or older, except for any unit identified as caretaker' s units, as shown on the final floor plans within the construction documents, as agreed to by the applicant and City Staff”.
Records show that a covenant and agreement was recorded on June 22, 2007, to satisfy Condition of Approval #4 (Attachment 3). The multi-family residential complex (Parcel 3) and senior housing (Parcel 2) were constructed in 2007. The congregate care facility (Parcel 1), however, was never constructed.
On October 5, 2021, the City Council adopted the 6th Cycle Housing Element Update. Since Parcel 1 was not developed with the congregate care facility, this site was included as an Opportunity Site to help the City meet its Regional Housing Needs Assessment (RHNA) obligations. At the approved density of 30 units per acre, a potential unit yield of 145 units was identified for this site.
As part of the Housing Element Update, the subject property was rezoned from R-3-1500-SP – Multi-Family Residential and Specific Plan (La Sierra University) Overlay Zones to MU-U-SP – Mixed-Use – Urban and Specific Plan (La Sierra University) Overlay Zones.
DISCUSSION:
The applicant is requesting approval to modify Condition of Approval #4 to remove the congregate care facility and age restrictions on Parcel 1. The modification of Condition of Approval #4 will allow Parcel 1 to be developed with multi-family residential development, without age restrictions, in the future. The modified Condition of Approval would read (Attachment 4):
“A covenant and agreement shall be reviewed, approved and recorded to the satisfaction of the Planning Division and City Attorney' s Office to ensure that the Senior Apartment units and the congregate care facility units will be occupied by residents of 55 years of age or older, except for any unit identified as caretaker' s units, as shown on the final floor plans within the construction documents, as agreed to by the applicant and City Staff”.
This request is made by the applicant because the congregate care facility was never constructed, and the covenant limits use of the property to age restricted uses. The site is included as an Opportunity Site in the 6th Cycle Housing Element Update. Removing the age restrictive covenant would allow future development of the site in accordance with the 2021 adopted Housing Element.
There are currently no formal entitlements under consideration for development of Parcel 1. Future development will be required to obtain the necessary entitlements and comply with all applicable development standards and policies of the General Plan, La Sierra University Specific Plan, and Zoning Code.
Public Notice and Comments
Public notices were mailed to property owners within 300 feet of the site. As of the writing of this report, no responses have been received by staff regarding this project.
STRATEGIC PLAN ALIGNMENT:
This item contributes to Strategic Priority 2 – Community Well-Being and specifically, Goal 2.1 - Facilitate the development of a quality and diverse housing supply that is available and affordable to a wide range of income levels.
This item also aligns with each of the Cross-Cutting Threads as follows:
Community Trust – The proposed modification of the Condition of Approval #4 was properly noticed to all property owners within 300 feet of the site. Any future development would be required to obtain the necessary entitlements and will be subject to noticing requirements specified in the Zoning Code.
Equity – The proposed modification of the Condition of Approval #4 will allow residential development that is accessible to all residents without age restrictions.
Fiscal Responsibility – The proposed modification to the Condition of Approval #4 will not have any fiscal impacts for the City and any future entitlements and development costs will be borne by the applicant.
Innovation – The proposed modification to the Condition of Approval #4 will allow for future development that is sensitive to the surrounding land uses and that is consistent with the 6th Cycle Housing Element.
Sustainability and Resiliency – The proposed modification to the Condition of Approval #4 will not have impacts and future entitlements will be required to assess any potential environmental impacts.
FISCAL IMPACT:
There is no fiscal impact as all costs will be borne by the applicant.
Prepared by: David Welch, Community & Economic Development Director Certified as to
availability of funds: Edward Enriquez, Chief Financial Officer/City Treasurer Approved by: Rafael Guzman, Assistant City Manager
Approved as to form: Phaedra A. Norton, City Attorney
Attachments:
City Council Memorandum and Conditions of Approval – October 3, 2006 City Council Minutes – October 3, 2006
Recorded Covenant and Agreement – June 22, 2007
Recommended Conditions of Approval
Presentation
PR-2021-001195 ● Page 6