REPORT TO PLANNING COMMISSION
SUBJECT
Title
Consideration of Developer's Request to Rezone from Planned Development (PD) to Planned Development (PD) of a property located at 190 N. Winchester Boulevard to modify the previous City approval for a recently constructed senior housing project (Santana Terrace Apartments) to allow rental to residents of all ages.
Report
BACKGROUND
On January 12, 2016, the City Council adopted a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program and approved a Planned Development rezoning to allow a senior housing project with 92 units and 105 parking spaces. A requirement of the Planned Development zoning district, which is the current zoning district for the site, is for the project to be for senior housing and is age restricted to rent to individuals 55 years or older. The project also received Architectural Review approval in May 10, 2017. The project, Santana Terrace Apartments, was built in conformance to the issued city entitlements and completed construction in June 2020.
On February 16, 2021, USA Properties Fund ("Applicant") filed an application (CEQ2021-01088, PLN2021-14833) for the 1.86-acre project site to remove the age restriction requirement established in the current PD zoning district so that the project could provide housing for residents of all ages. As part of the applicant's justification letter, the project leasing to seniors, which began in 2020 during the Covid-19 pandemic and state of local emergency, has not been successful and the building has experienced significant vacancies since constructed. The applicants had previously explored regulatory options to only temporarily lease to tenants of all ages, and then subsequently return to an all-senior development. However, such an approach would likely violate State and Federal Fair Housing Laws, because the laws allow for all-senior or all-mixed age developments; there is no provision in the laws for a "mixed" senior and mixed ag...
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