The decision on whether the Silvergate senior living development meets the Covenant’s zoning rules will be decided at a special RSFA Board meeting tomorrow morning, Tuesday, Feb. 11, at 8:30 am, at the Association offices on Avenida de Acacias.
For the past two years, members of the Ranch shared their concerns that the proposed Silvergate project did not meet the zoning requirements as laid out in the Protective Covenant (PC), and asked the Association to seek advice from land use attorneys to help answer the question. The Association retained the law firm Sheppard Mullin who examined the HOA’s governing documents and in private presented their findings to the Board. The Silvergate development is also being reviewed by the RSFA Art Jury, which moved the project to story poles at their Feb. 4 meeting.
According to the land use deed for that area recorded July 14, 1930, the parcels proposed for development are listed for uses in “Residence Class C and Business Class L” (see graphic). The land use attorneys from Sheppard Mullin were asked to study whether Silvergate’s assisted senior living project – consisting of rental duplexes, apartments, and a memory care facility – complies with the uses described in the PC below.
Paragraph 99, Section 5 Residence Districts of Class C states, “… no building, structure or premises shall be erected, constructed, altered, or maintained which shall be used or designed or intended to be used for any purpose other than an apartment house, hotel, private school, fraternity dwelling, club, dormitory, boarding house or lodging house, flat, multiple dwelling, two-family dwelling and/or single-family dwelling.”
Paragraph 110, Section 13 Business and Public Use Districts of Class L states, “… no building, structure, or premises shall be erected, constructed, altered, or maintained which shall be used or designed or intended to be used for any purpose other than that of a riding academy, stable, polo field, or residence or lodging for persons employed on said premises.”
The Board is expected to decide whether Silvergate’s project complies with the PC’s zoning at the special open meeting tomorrow. To submit member input, email memberinput@rsfassociation.org.