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Date: |
September 2, 2026 |
03 |
Title
Noticed Public Hearing:
Appeal of York Drive Senior Living Major Use Permit and Mitigated Negative Declaration (District: 5)
End
Overview
This is a request for the Board of Supervisors (Board) to consider an appeal submitted by Kimry and Charles “Steve” Wells (Appellant) of the Planning Commission’s approval of the Major Use Permit (MUP) and associated environmental findings for the proposed York Drive Senior Living project (Project). The Project is a request submitted by Timed Investments LLC and Pro Bookkeeping Services LLC (Applicant) for the development of a 183-unit deed-restricted senior living development (62 years and older), including a four-story senior living building with on-site parking and landscaping as well as on-site amenities for residents such as a salon, library, recreational rooms, and a communal kitchen. The Project is located on an approximately 4.27-acre parcel located at 1822-1864 York Drive within the City of Vista and North County Metropolitan Subregional Plan Area.
The Project includes sewer infrastructure improvements that are conditions of approval of the MUP. Sewer service for the Project will be provided by the Buena Sanitation District. In accordance with the City of Vista Comprehensive Sewer Master Plan (Sewer Master Plan) for the Buena Sanitation District, the Project will construct off-site sewer improvements along and near El Valle Opulento within existing easements that were granted to Buena Sanitation District in 1965 and 1993. The current version of the City of Vista Sewer Master Plan (Sewer Master Plan) was developed in 2017 and modified in 2025. The Sewer Master Plan is based on existing and future land uses identified in the General Plans of the Buena Sanitation District service area. Regardless of the Project, the Buena Sanitation District intends to complete the sewer improvements due to ongoing development in the area. The sewer line improvements will require replacing and upsizing approximately 900 feet of existing 8 to 10-inch sewer lines to 18-inch sewer lines. Portions of the sewer improvements will be located between four residential properties, and the Appellant owns one of the residential properties that contains existing easements granted to Buena Sanitation District. The off-site sewer improvements are located a quarter of a mile south of the Project site. The Project is conditioned to implement necessary measures during construction to address the sewer improvements proximity to nearby residences, floodways, and floodplains as well as to avoid impacts to an adjacent creek.
The Project was approved by the Planning Commission on May 8, 2026. The decision of the Planning Commission for a MUP is appealable to the Board, and a formal appeal must be submitted within 10 calendar days of the Planning Commission decision. The Planning Commission’s decision of approval of the Project has been appealed by a resident that owns property within the limits of the off-site sewer improvements of the Project and the appeal application was submitted on May 18, 2026 (Attachment A). The appeal lists the following five concerns and staff’s responses to each point are included in this Board Letter:
1. Failure to adequately evaluate environmentally superior and feasible alternative sewer routes;
2. Reliance upon a conceptual Buena Sanitation District Sewer Master Plan lacking engineered construction details;
3. Potential impacts to sensitive riparian habitat, protected trees, wildlife, and adjacent residential properties;
4. Inadequate environmental review under the California Environmental Quality Act (CEQA), including concerns relating to Environmental Impact Reports, Federal Emergency Management Agency, and off-site infrastructure impacts;
5. Substantial financial and quality-of-life impacts to affected property owners.
Staff has analyzed all points of appeal and have determined that they have been addressed through the MUP findings, conditions of approval of the Project, the CEQA document for the Project, consistency with the Buena Sanitation District Master Plan, and consistency with existing easements rights for sewer improvements. The Project has been reviewed for compliance with CEQA, and a Mitigated Negative Declaration was prepared and circulated for public review which includes mitigation measures and supporting environmental studies.
The Board can: (1) deny the appeal and sustain the Planning Commission’s decision to approve the MUP, (2) grant the appeal and deny the MUP, or (3) continue the appeal and send the MUP back to staff for additional environmental analysis and/or reconsideration, including any additional direction from the Board, and return to the Board within a specified time period. If any motion does not get three votes, then the appeal is deemed denied, unless reconsideration is requested by one of the Board members within 30 days after the hearing.
Body
Recommendations by Planning Commission:
On May 8, 2026, the Planning Commission considered the York Drive Senior Living Project and made the following decisions:
1) Adopted the Environmental Findings for the Project, which includes a finding that the Project is found in conformance with the California Environmental Quality Act (CEQA) through the adoption of a Mitigated Negative Declaration (MND) (Attachment B).
2) Granted Major Use Permit (Record ID: PDS2021-MUP-21-008), made the findings, and included the requirements and conditions as set forth in the Form of Decision (Attachment C).
Recommendations by Department of Planning & Development Services:
Planning & Development Services (PDS) concurs with the decision of the Planning Commission and recommends the Board of Supervisors (Board):
1) Deny the appeal for the reasons discussed in the Board Letter
2) Adopt the Environmental Findings, which includes a finding that the Project can be found in conformance with the California Environmental Quality Act (CEQA) through the adoption of a Mitigated Negative Declaration (MND) (Attachment B).
3) Uphold the Planning Commission’s decision to grant Major Use Permit (Record ID: PDS2021-MUP-21-008), make the findings, and include the requirements and conditions as set forth in the Form of Decision (Attachment C).
In addition to the Planning Commission decision, PDS also recommends the Board:
4) Require Timed Investments LLC and Pro Bookkeeping Services LLC to enter into a Defense and Indemnification Agreement in accordance with County Code Section 86.201 et seq. and authorize the Director of Planning & Development Services to execute the Agreement. If litigation is filed challenging the Board’s action on this project, require Timed Investments LLC and Pro Bookkeeping Services LLC to provide security in the amount of $800,000 in the form of an irrevocable letter of credit or bond, in a form acceptable to County Counsel within 10 days of litigation being filed (Attachment I).
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Equity Impact Statement
The Project will result in infrastructure improvements including road widening, an improved North County Transit District bus stop, and sewer upsizing consistent with the Buena Sanitation District Sewer Master Plan. The sewer improvements align with the goals, plans, and regulations of agencies within an area of the County that is anticipated to grow due to housing related laws supporting increased density near public transit such as the Buena Creek Sprinter Station. Lastly, the Project aligns with the County’s goals of providing housing opportunities that meet the needs of residents from all backgrounds through the development of 183 senior housing units.
Sustainability Impact Statement
The Project includes multiple sustainability measures and is located in a transit-oriented area of the County of San Diego. The Project consists of redeveloping a property that contained residential uses adjacent to an existing senior care facility. The Project includes shuttle services for residents as well as improving an existing North County Transit District bus stop to include a shelter located adjacent to the site. These measures and improvements will support public transportation as well as provide residents with carpooling transportation options that reduce the amount of greenhouse gas emissions associated with single driver vehicles. The Project is also located in a Transit Priority Area under state law within a half of a mile of the Buena Creek Sprinter Station which provides an additional public transportation option for residents. Additionally, the Project will install only electrical appliances in all senior residential units with only the main communal kitchen and laundry facilities using natural gas.
Fiscal Impact
There is no fiscal impact associated with approval of York Drive Senior Living (Project), as it is a privately-initiated development application. Any processing costs incurred will be paid for by the applicant (or owner/developer). There will be no change in net General Fund cost and no additional staff years.
Business Impact Statement
N/A
Advisory Board Statement
The Project site is located within the North County Metropolitan Subregional Plan Area within an area that is not represented by a Community Planning Group or Design Review Board. In the absence of a Community Planning Group or Design Review Board, the applicant and County staff conducted community outreach as described under the Public Input section.
Involved Parties
Timed Investments LLC (Owner and Applicant)
Pro Bookkeeping Services LLC (Owner and Applicant)
Kimry and Charles (Steve) Wells (Appellant)
Planning Commission Vote
On May 8, 2026, the Planning Commission voted 5 - 0 - 2 (Ayes: Ashman, Pallinger, Calvo, Sudberry, and Sabellico; Absent: Edwards and Weber) to approve a Major Use Permit and find the Project in conformance with CEQA through the adoption of a Mitigated Negative Declaration (MND).
See Attachment F, Planning Commission Report and Action Sheet, for the Planning Commission vote and analysis.
Background
Project Vicinity Background
In 1994, the Board of Supervisors (Board) approved a Major Use Permit (MUP) for a phased development of a 99-bed skilled nursing facility on the property directly southwest of the proposed York Drive Senior Living project (Project) site. The skilled nursing facility was constructed in phases with the final phase built in the early 2010s. The skilled nursing facility adjacent to the site is known as Vista Gardens Memory Care Facility. The applicant team led the development of the final phase of the Vista Gardens Memory Care Facility.
The subject Project site was previously developed with three single-family residences and associated accessory structures that have since been removed through demolition permits. In the late 2010s, the southern portion of the Project site was used for a staging area for North County Transit District for construction related to the Inland Rail Trail. The Inland Rail Trail is a 21-mile multi-use trail that is planned from Oceanside to San Marcos. An existing portion of the Inland Rail Trail runs along South Santa Fe Avenue to the Buena Creek Sprinter Station. The Project site is currently vacant with construction materials leftover from demolition of the previously existing dwelling units. The site has been cleared as a result of fire clearing letters issued by the Vista Fire Protection District due to proximity to residential uses in the area and the site is surrounded by temporary fencing. In December of 2019, the Board adopted changes to the Zoning Ordinance which allowed for a variety of permitting options for senior housing including deed-restricted “Group Residential” uses.
Project Description
An application for the proposed York Drive Senior Living project (Project) was submitted by Timed Investments LLC and Pro Bookkeeping Services LLC (Applicant) on August 6, 2021, for the development of a 183-unit senior living development (62 and older), including a four-story senior living building with on-site parking and landscaping as well as on-site amenities for residents such as a salon, library, recreational rooms, and a communal kitchen. The Project is located on an approximately 4.27-acre parcel located at 1822-1864 York Drive within the City of Vista and North County Metropolitan Subregional Plan Area. The General Plan Regional Category for the site is Village, and the Land Use Designation is Village Residential (VR-2). The Village Residential General Plan Designation is intended for higher density development near commercial uses and public services and supports a wide range of housing types including single and multi-family development. The zoning for the site is Rural Residential (RR). The proposed deed-restricted senior living development is permitted within the Rural Residential (RR) zone as a Group Residential use upon approval of a Major Use Permit (MUP). If the MUP is approved, a Certificate of Compliance will be recorded to merge the existing parcels into a single 4.27-acre parcel.
The Project includes a four-story senior living building that is approximately 46 feet tall with roof access structures reaching approximately 54 feet. Each floor ranges in size from approximately 34,000 square feet to 35,000 square feet. The first floor includes 24 senior units as well as a variety of on-site amenities for residents including a salon, library, communal kitchen, recreational rooms, fitness rooms, laundry services, and a theater. The second, third, and fourth floors include 53 senior units each. The building layout is triangular with an opening in the central and southern portion of the building for an open courtyard area with a pool, spa, and deck. The remaining portions of the Project site include a 160-space parking lot, landscaping, signage, and stormwater and drainage facilities. The Project includes shuttle services for residents of the site in addition to the option of parking within the parking lot.
Access to the site will be provided by a driveway at the intersection of Montgomery Drive and York Drive. The Project driveway includes two 24-foot access entry points divided by a median. The Project will install a stop sign at the intersection of Montgomery Drive and York Drive resulting in an all-way stop intersection. Road improvements for the Project consist of widening York Drive to 20 feet with concrete curb, gutter, and sidewalk. The Project will also re-stripe York Drive to provide space for additional vehicles for the westbound left turn lane onto South Santa Fe Avenue. As a result of coordination with North County Transit District (NCTD), the Project includes the replacement of a bench with a shelter at an adjacent bus stop located directly southwest of the Project site along South Santa Fe Avenue as well as repainting of the existing crosswalk at the intersection of South Santa Fe Avenue and York Drive.
In accordance with the City of Vista Sewer Master Plan for the Buena Sanitation District, the Project will construct off-site sewer improvements along and near El Valle Opulento within existing easements that were granted to Buena Sanitation District. The sewer line improvements will require replacing and upsizing approximately 900 feet of existing 10-inch sewer lines to 18-inch sewer lines that are consistent with the 2025 City of Vista Sewer Master Plan. The Project was approved by the Planning Commission on May 8, 2026. The Planning Commission’s decision of approval of the Project has been appealed by a resident that owns property within the off-site sewer improvements and the appeal application was submitted on May 18, 2026. The appeal process for the Project allows members of the public to participate in decisions that affect their community. The appellant states that the sewer improvements for the Project will impact their property and can be relocated to an alternate route.
Points of Appeal and Project Analysis
The appeal, filed by Kimry and Charles (Steve) Wells, lists the following five concerns and staff’s responses developed in coordination with Buena Sanitation District to each point are evaluated below:
1. Failure to adequately evaluate environmentally superior and feasible alternative sewer routes.
The first point of appeal states that the Project fails to adequately evaluate an environmentally superior and feasible alternative sewer route. The Project off-site sewer improvements have been designed based on coordination with the Buena Sanitation District as well as consistency with the 2017 and 2025 Buena Sanitation District Sewer Master Plan (Sewer Master Plan). Any alternative route for potential improvements would require acquisition of new easements, development of new alignments, and processing of permits that would result in additional costs and impacts on all residents within the Buena Sanitation District. The residential properties contain an existing sewer manhole and sewer lines that need to be maintained to serve the existing residential properties, regardless of the Project, as well as to connect to other sewer lines southeast of the residential properties. Lastly, any decisions regarding alternative sewer routes that deviate from the Buena Sanitation District Sewer Master Plan are set by the Buena Sanitation District and not by the County of San Diego.
2. Reliance upon a conceptual Buena Sanitation District Sewer Master Plan lacking engineered construction details.
The second point of appeal states concerns that the Project relied upon a conceptual Sewer Master Plan that does not include engineered construction details. The Sewer Master Plan is intended to be a guiding document that outlines short-term and long-term sewer infrastructure improvements. The Sewer Master Plan is not intended to include site specific construction details. The construction details would be developed during processing of construction level permits after coordination with Buena Sanitation District. The processing of construction permits will require additional engineering and testing of unpermitted structures within easements granted to Buena Sanitation District to minimize impacts to the residential properties. The sewer improvements required for the Project have been previously outlined in the 2017 Sewer Master Plan as well as the updated 2025 Sewer Master Plan. The improvements are now listed as the second infrastructure upgrade project in the 2025 Sewer Master Plan that would be completed by the Buena Sanitation District if the Project did not construct the improvements. Lastly, the Buena Sanitation District Sewer Master Plan is prepared by the Buena Sanitation District and changes to the Buena Sanitation District Sewer Master Plan are approved by the Buena Sanitation District and not by the County of San Diego.
3. Potential impacts to sensitive riparian habitat, protected trees, wildlife, and adjacent residential properties.
The third point of appeal states concerns that the Project will result in impacts to sensitive riparian habitat, protected trees, wildlife, and adjacent residential properties. Impacts to biological resources because of the Project were analyzed in a biological resources report prepared for the Project as well as the MND and CEQA document for the Project. Additionally, the 2017 and 2025 Sewer Master Plans anticipate the potential for future coordination and permitting of outside agency permits because of temporary construction impacts to creeks and biological resources. The Project includes measures and design features to mitigate impacts on biological resources. The Project requires construction level engineering and permitting after coordination with Buena Sanitation District. The Project is conditioned to prepare a construction plan delineating the final limits of construction and staging areas needed for equipment. The construction drawings will also show the limits of jurisdictional waters and wetland delineations. In the event that the staging area and/or limits of construction are shown to be in jurisdictional waters such as a creek based on a wetland delineation, outside agency permits for potential impacts to jurisdictional water or wetlands will need to be obtained, or the applicant shall provide evidence from the respective resource agency satisfactory to the Director of Planning & Development Services that an agreement or permit is not required.
4. Inadequate environmental review under the California Environmental Quality Act (CEQA), including concerns relating to Environmental Impact Reports, Federal Emergency Management Agency, and off-site infrastructure impacts.
The fourth point of appeal states that the Project did not complete adequate review in accordance with CEQA including concerns relating to Environmental Impact Reports (EIRs), the Federal Emergency Management Agency (FEMA), and off-site infrastructure impacts. The Project was reviewed in accordance with CEQA through the preparation of environmental studies as well as an MND. Based on the results of environmental studies and in accordance with the County’s guidelines for CEQA, the Project will implement mitigation measures that will reduce impacts to less than significant. An MND was determined to be adequate for the Project and an EIR was not required due to the results of environmental studies and implementation of mitigation measures.
The off-site sewer improvements and residential properties contain a FEMA floodway and floodplain. The MND for the Project as well as the conditions of approval of the Project require constructing the improvements to comply with the regulations of impacts to a floodway or floodplain. These measures may require coordination with FEMA and preparation of revised floodway and floodplain maps if the sewer upsizing result in improvements such as permanent fill slopes or retaining walls that can impact the floodway and floodplain. The Project will require additional permitting through the Buena Sanitation District, which will require construction level engineering to determine the final design of the sewer upsizing improvements.
5. Substantial financial and quality-of-life impacts to affected property owners.
The fifth point of appeal states that the Project will result in substantial financial and quality-of-life impacts to affected property owners. County and the Buena Sanitation District staff have worked to minimize impacts to the residential properties adjacent to the sewer improvements. The existing sewer line runs between four residential properties and includes a manhole in the rear of the properties. The sewer line has existed within an easement since the 1960s. Buena Sanitation District requires access to the manhole to maintain the line. The residential properties contain unpermitted structures such as a retaining wall which need to be removed or modified to complete the sewer improvements and maintain access to the manhole. The Project is conditioned to allow flexibility of access routes based on the maintenance and design improvements required by the Buena Sanitation District.
Environmental Statement
The Project has been reviewed for compliance with the California Environmental Quality Act (CEQA), and a Mitigated Negative Declaration (MND) was prepared and was available for a 34-day public review period from July 31, 2025, through September 2, 2025. Staff received 16 formal comments from individuals including residents in the community as well as organizations. The MND found that the Project, with incorporation of mitigation measures, will not cause any significant effects on the environment. Mitigation measures such as tribal and archaeological monitoring as well as migratory bird breeding season avoidance have been included in the conditions of approval for the Project.
Public Input
At the time of application submittal and in accordance with Board Policy I-49 and the noticing requirements in effect of the application submittal, public notices were sent to property owners within a radius of 300 feet of the Project site. Throughout the initial processing of the application, staff received concerns from residents within the Project vicinity regarding traffic, parking, density, and height.
Community Outreach Meetings
The Project site is located within the North County Metropolitan Subregional Plan Area within an area that is not represented by a Community Planning Group or Design Review Board. In the absence of a Community Planning Group or Design Review Board, the applicant and County staff conducted community outreach as described under the Public Input section. The applicant team and County staff conducted community outreach meetings to obtain community feedback on the Project. The summary of the community meetings is outlined below:
• June 9, 2022 - First community outreach meeting at Shadow Ridge County Club
• December 14, 2022 - Virtual community outreach meeting
• August 11, 2025 - Virtual Community outreach meeting during public review period of California Environmental Quality Act (CEQA) document
• September 22, 2025 - Off-site sewer improvement neighbor site visit with Buena Sanitation District staff
Throughout the outreach effort, County staff continued to work with the applicant team to address community feedback. During the first two initial outreach meetings in 2022, County staff and the applicant team received concerns regarding the architectural design, parking, density, traffic, lack of road improvements, and off-site sewer improvements. Following the initial two outreach meetings in 2022, the Project design was revised to include additional landscaping with larger box sizes of trees to assist with screening along York Drive, additional widening of York Drive, North County Transit District (NCTD) improvements to an existing bus stop, and architectural modifications.
CEQA Public Review
A Mitigated Negative Declaration (MND) was prepared and circulated for a 34-day public review period from July 31, 2025 to September 2, 2025. Public notices were sent to property owners within a 1,500-foot minimum radius of the Project site which included over 350 notices. A virtual meeting was conducted on August 11, 2025 to provide an overview of the CEQA document for the Project and obtain input from the community. Staff received 16 formal comments from individuals, the NCTD, the Mayor of the City of Vista, and the San Diego Archaeological Society. Six of these comments were in support of the Project including the Mayor of the City of Vista. Staff met with the NCTD during public review of the Project and NCTD concurred with the requirements of the Project that have been incorporated as conditions of approval. The comment from San Diego Archaeological Society included concurrence with the mitigation measures outlined in the project.
Eight comments were received from residents within the community with clarification questions, comments preferring a senior development on the site compared to what could be permitted by state law, and concerns primarily focused on traffic, height, density, and off-site sewer improvements.
Planning Commission Hearing
Public notices were sent to property owners within 1,500 feet of the Project site including over 350 notices in preparation for the May 8, 2026 Planning Commission Hearing. During the hearing, eight community members spoke regarding the Project. Two community members spoke in support of the Project focusing on the road improvements and design features of the Project as well as the preference of the use of the site for senior residents instead of market rate units. Six community members spoke in opposition of the Project focusing on traffic, height, and the offsite sewer improvements of the Project. Buena Sanitation District staff attended the hearing to address comments and questions related to the sewer improvements.
Department Reasons for Recommendation
The Project complies with all applicable regulations including the Zoning Ordinance, General Plan, and CEQA. The site is suitable for the Project because it consists of redeveloping a site to construct a senior residential development in an unincorporated portion of the County in a Transit Priority Area, under state law, near a variety of transportation options and existing senior care facilities. Recent state law such as Senate Bill 79 identify areas within a half of a mile of major transit stops as areas intended for high density and housing. While some community concerns remain, the Project has undergone a thorough review as well as coordination with outside agencies. The Project will require continued permitting and review by the Buena Sanitation District for the sewer improvements. The appeal does not present substantial evidence that the applicable Major Use Permit (MUP) findings cannot be made or that the CEQA documentation is insufficient.
Linkage to The County of San Diego Strategic Plan
Today’s proposed action supports the Strategic Initiatives of Equity, Empower, and Community in the County of San Diego’s 2026-2031 Strategic Plan by ensuring that San Diego is a vibrant region with planning, development, infrastructure, and services that strengthen the local economy. The Project is aligned with the goal to provide housing opportunities because it will create 183 housing units for seniors in a region of the County that includes multiple forms of transportation, including the Buena Creek Sprinter Station and North County Transit District bus stops. The Project improves transportation infrastructure in the area through the construction of a shelter for a North County Transit District bus stop and widening of York Drive.
Respectfully submitted,
Dahvia Lynch
Deputy Chief Administrative Officer
Attachment(s)
Note: Due to the size of the attachments, the documents are available online through the Clerk of the Board's website at www.sandiegocounty.gov/content/sdc/cob/bosa.html <http://www.sandiegocounty.gov/content/sdc/cob/bosa.html>
Attachment A - Appeal Forms and Correspondence
Attachment B - Environmental Findings
Attachment C - Form of Decision Approving PDS2021-MUP-21-008
Attachment D - Environmental Documentation
Attachment E - Public Documentation
Attachment F - Planning Commission Report and Action Sheet
Attachment G - Planning Documentation
Attachment H - Ownership Disclosure
Attachment I - Defense and Indemnification Agreement