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(a) Purpose. Within 6 months of adoption of the Market and Octavia Area Plan and related planning code changes, the Board of Supervisors shall establish a Community Advisory Committee (CAC) The CAC will be advisory, as appropriate, to the Planning Director, the Interagency Plan Implementation Committee, the Planning Commission, and the Board of Supervisors. The CAC may perform the following functions as needed;
(1) Collaborate with the Planning Department and the Inter-Agency Plan Implementation Committee on prioritizing the community improvement projects and identifying implementation details as part of annual expenditure program that is adopted by the Board of Supervisors;
(2) Provide an advisory a role in a report-back process from the Planning Department on enforcement of individual projects' compliance with the Market and Octavia Area Plan standards and specific conditions of project approvals, including the specific first-source hiring requirements for the Plan Area such that those agreements will be more effectively implemented;
(3) Collaborate with the Planning Department in updating the community improvements program at a minimum of every fifth year in coordination with relevant City agencies; Providing input to Plan area monitoring efforts for required time-series reporting.
(b) Representation. The Board of Supervisors shall appoint 2/3 of the committee members and the Mayor shall appoint 1/3 of the committee members on the CAC. Both the Board and the Mayor shall appoint members that represent the diversity of the plan area. The Citizens Advisory Committee shall be comprised of 9 community members from varying geographic, socio-economic, ethnic, racial, gender, and sexual orientations living or working within the plan area. At a minimum, there must be one representative from each of the geographic areas of the Plan Area. Two members of the Citizens Advisory Committee may live or work in the Market and Octavia Plan Area Boundary or within 1,250 feet of the plan area boundary. The CAC should adequately represent key stakeholders including resident renters, resident homeowners, low-income residents, local merchants, established neighborhood groups within the plan area, and other groups identified through refinement of the CAC process. Each member shall be appointed by the Board and will serve for two-year terms, but those terms shall be staggered such that, of the initial membership, some members will be randomly selected to serve four-year terms and some will serve two-year terms. The Board of Supervisors may renew a member’s term. be staggered such that, of the initial membership, some members will be randomly selected to serve four-year terms and some will serve two-year terms. The Board of Supervisors may renew a member's term.
The Planning Department or Interagency Plan Implementation Committee shall designate necessary staffing from relevant agencies to the CAC, as needed to complete the CAC's responsibilities described in this Code. To the extent permitted by law, staffing for the CAC shall be funded through the Market & Octavia Community Improvements Fund administration fees.
(Added by Ord. 72-08, File No. 071157, App. 4/3/2008; amended by Ord. 126-20, File No. 200559, App. 7/31/2020, Eff. 8/31/2020)
AMENDMENT HISTORY
Division (b) amended; Ord. 126-20, Eff. 8/31/2020.
1. On March 23, 2010, President Barack Obama signed into law the "Patient Protection and Affordable Care Act," thereby initiating the most significant change to the health care delivery system that the United States has experienced in forty years. As the City and County of San Francisco ("City") works to implement this monumental law, it is an opportune moment to engage in a comprehensive planning effort for health care services in the City.
2. Section 4.110 of the City Charter ("Charter") provides that the Department of Public Health and Health Commission shall provide for the preservation, promotion and protection of the physical and mental health of the inhabitants of the City and County of San Francisco.
3. Section 4.105 of the Charter provides that the Planning Commission create and maintain a General Plan consisting of goals, policies and programs for the future development of the City and County that take into consideration social, economic and environmental factors.
4. Section 127340(a) of the California Health and Safety Code provides that "private not-for-profit hospitals meet certain needs of their communities through the provision of essential healthcare and other services. Public recognition of their unique status has led to favorable tax treatment by the government. In exchange, nonprofit hospitals assume a social obligation to provide community benefits in the public interests."
5. Implementation of Ordinance 279-07, requiring the Department of Public Health to analyze the relationship between the City's long term health care needs and facility planning for medical institutions, has revealed the need for a City-wide Health Care Services Master Plan so that the Planning Department has a tool to analyze individual institutional planning against a more comprehensive City plan.
6. A Health Care Services Master Plan will provide the Health Commission, the Planning Commission and Board of Supervisors with information and public policy recommendations to guide their decisions to promote the City's land use and policy goals developed in such Plan, such as distribution and access to health care services.
7. A Health Care Services Master Plan will also provide the Health Commission, the Planning Commission and Board of Supervisors with information essential to disaster planning for the City.
8. The San Francisco Department of Public Health is well situated to create a Health Care Services Master Plan, as it can draw upon the innovative work of Building a Healthier San Francisco, including "The Living Community Needs Assessment" which is an up-to-date, web-based, compilation of data about community health in neighborhoods throughout the City.
(Added by Ord. 300-10, File No. 101057)
AMENDMENT HISTORY
(a) The Department of Public Health and the Planning Department shall prepare a Health Care Services Master Plan that displays and analyzes information concerning the geography (including natural features of land, weather, and water supply), demography, epidemiology, economics/finance, neighborhood characteristics, intensity of use, workforce, technology, and governmental policy pertinent to distribution, access, quality and cost of health care services in the City, including the use of the health care services by patients from outside the City, and referral of patients from the City to medical institutions located outside the City limits. Based on this information, the Health Care Services Master Plan will identify existing and anticipated future needs for health care services compared to available and anticipated resources and potential impacts on neighborhoods, and make recommendations for improving the match between needs and resources, as well as where health care services may be located within an area of the City to minimize land use burden on particular neighborhoods. The Health Care Services Master Plan shall consider neighborhood density, uses, transit and infrastructure availability, traffic characteristics, including mode split among cars, public transit, bicycles and pedestrians.
(b) The Health Care Services Master Plan shall, to the extent feasible, contain all of the following components:
(1) Health System Trends Assessment. The Health Care Services Master Plan shall describe and analyze trends in health care services with respect to the City, including but not limited to: disease and population health status; governmental policy (at the national, state, regional levels); disaster planning; clinical technology; communications technology; payment for services; sources and uses of capital for investment in services; organization and delivery of services; workforce; community obligations of providers, and any other trends that, in the discretion of the Department of Public Health, may affect availability, location, access and use of services in the City.
(2) Capacity Assessment. The Health Care Services Master Plan shall quantify the current and projected capacities of existing Medical Uses in San Francisco, including public and private facilities and for and non-profit organizations. The capacity assessment shall describe, analyze, and project resources available for emergency services, including trauma services; acute hospital services, including beds and services that require specialized facility accommodations; ambulatory care services including primary care; specialty physician services; hospital-based and free-standing urgent care services; rehabilitation, long term care and home health services; and behavioral health services including psychiatric emergency, services. In addition, the capacity assessment shall quantify "surge capacity" needs in the event of a disaster.
(3) Land Use Assessment. The Health Care Services Master Plan shall assess the supply, need and demand for Medical Uses in the different neighborhoods of the City; the potential effects or land use burdens of locating such services in particular neighborhoods; and the potential for displacement of other neighborhood-serving uses that may occur as a result of the placement of Medical Uses
(4) Gap Assessment. The Health Care Services Master Plan shall identify medical service gaps across the City and medically underserved areas for particular services with reference to geography, transportation/communication options, and unique barriers to accessing care, including but not limited to the absence of cultural competence, language, race, immigration status, gender identity, substance abuse, and public assistance.
(5) Historical Role Assessment. The Health Care Services Master Plan shall take into consideration the historical role played, if any, by medical uses in the City to provide medical services to historically underserved groups, such as minority or low income communities.
(6) Recommendations. The Health Care Services Master Plan shall include policy recommendations to promote an equitable and efficient distribution of healthcare services in the City; the elimination of healthcare service gaps and medically underserved areas; and the placement of Medical Uses within the City in a manner that is consistent with the character, needs and infrastructure of the different neighborhoods, and that promotes and protects the public health, safety, convenience and general welfare.
(Added by Ord. 300-10, File No. 101057)
(a) Timing for Health Care Services Master Plan Completion. The Department of Public Health, or its designated consultant, shall work with the Planning Department to complete a draft Health Care Services Master Plan within twelve (12) months of the effective date of this ordinance, which time may be extended upon request and by approval of the Board of Supervisors.
(b) Preparation of the Health Care Services Master Plan. The Department of Public Health shall hold at least two publicly-noticed informational hearings and/or workshops during the course of the preparation of the draft Health Care Services Master Plan. The Planning Department shall participate in all hearings and/or workshops.
(c) Upon completion of a draft Health Care Services Master Plan, the Department of Public Health shall provide public notice of the availability of the Health Care Services Master Plan draft for public review. The notice shall specify a period of no less than thirty (30) days during which written comments will be received by the Department of Public Health and the Planning Department on the draft Health Care Services Master Plan.
(d) Public Hearing. After the close of the written public comment period, the Health Commission and Planning Commission shall hold a joint public hearing on the draft Health Care Services Master Plan: The Commissions shall set the time and date for the hearing within a reasonable period, but in no event shall the hearing date be more than thirty (30) days after the close of the written public comment period. The Commissions may recommend approval or may request additional information or revisions in the Health Care Services Master Plan. If the Health Commission or Planning Commission requests significant or material additional information or revisions for the Health Care Services Master Plan, then the Health Commission and Planning Commission shall hold additional public hearings to consider such changes, either jointly or separately.
(e) The Health Commission and the Planning Commission may recommend approval or disapproval of the Health Care Services Master Plan. Following such recommendations, the Board of Supervisors shall schedule a hearing to consider a resolution to adopt the Health Care Services Master Plan.
(f) Plan Update. The Department of Public Health and Planning Department shall update the Health Care Services Master Plan every three (3) years including a summary of changes since the prior Health Care Services Master Plan was approved. The Department of Public Health and the Planning Department may update the Health Care Services Master Plan at any time if either department believes an update is necessary. If the departments are unable to update the Health Care Services Master Plan within three (3) years of the prior update, they must seek an extension of time from the Board of Supervisors. The Health Commission, the Planning Commission, and the Board of Supervisors shall consider and approve Health Care Services Master Plan updates based upon the same procedures described in subsections (a)-(e) above.
(Added by Ord. 300-10, File No. 101057)
The Planning Department may charge and collect from a Medical Use requiring a Consistency Determination pursuant to these sections 342 to 342.10 a fee for the preparation of the required Consistency Determination. This fee shall be sufficient to recover actual costs that the Department incurs and shall be charged on a time and materials basis. The Department also may charge for any time and materials costs that other agencies, boards, commissions, or departments of the City, including the City Attorney's Office, incur in connection with the processing of the Consistency Determination. Upon request of the Medical Use, the Department shall provide in writing an estimate of the fee to be charged, and the basis for the fee. This fee shall be payable at the time the Consistency Determination Application is submitted.
(Added by Ord. 300-10, File No. 101057)
(a) On January 2, 2013 or upon adoption of the Health Care Services Master Plan, whichever date is later, any change of use to a Medical Use, as defined in Section 342.1(a) that would occupy 10,000 gross sf of floor area, or any expansion of an existing Medical Use that would add at least 5,000 gross sf of floor area shall file a Consistency Determination Application with the Planning Department. The Planning Department shall make findings that the proposed or expanded Medical Use is consistent with the most recently updated Health Care Master Plan recommendations.
(b) Consistent Applications. If the Planning Department finds. after consultation with the Health Department, that an application appears to be on balance consistent with the recommendations of the Health Care Services Master Plan, the Planning Department shall issue a Consistency Determination to the applicant, and shall immediately post it on the department's website, inviting interested persons to provide public comment on the Consistency Determination. The Planning Department shall not take any action on the land use application for a minimum of fifteen (15) days following the issuance and notice of the Consistency Determination. If the Planning Department receives no written objections to the Consistency Determination within fifteen (15) days, the Consistency Determination is final. If the Planning Department receives written objections setting forth substantive arguments, as determined by the Planning Director and his or her designee, that the application is not consistent with the recommendations of the Health Care Services Master Plan it shall follow the procedures set forth below for inconsistent applications.
(c) Inconsistent Applications. If the Planning Department finds that an application appears to be on balance inconsistent with the recommendations of the Health Care Services Master Plan, it shall submit the application to the Health Commission. The Health Commission shall review the application at a public hearing and issue written recommendations concerning whether the applicant's proposal is consistent with the recommendations of the Health Care Services Master Plan. If the Health Commission finds that the application is inconsistent with the Health Care Services Master Plan, the Health Commission shall make recommendations to achieve consistency. If the Health Commission finds that the application is consistent with the Health Care Services Master Plan, it shall make written findings to this effect. The Health Commission shall submit its recommendations or written findings to the Planning Commission within thirty (30) days after receipt of the application. Prior to the Planning Commission's consideration of the Health Commission's recommendation, the applicant may amend its application in an effort to achieve consistency with the Health Care Services Master Plan.
(d) Public Hearing. The Planning Commission shall hold a public hearing to consider public testimony regarding whether the application is consistent with the recommendations of the Health Care Services Master Plan within 30 days after receiving the findings from the Health Commission unless the proposed or expanded Medical Use includes other associated entitlements. If the proposed or expanded Medical Use includes other entitlements necessitating a Planning Commission hearing, the Planning Commission shall hear the Application for Consistency Determination at the same time it considers those other entitlements. The Planning Commission shall consider the recommendations of the Health Commission when making a final decision whether or not to issue a Consistency Determination, and shall make written findings to this effect. The Planning Commission may only approve an entitlement for which it did not issue a Consistency Determination if countervailing public policy considerations justify its approval.
(e) City Consideration of Consistency Determination. When a Consistency Determination is required pursuant to Section 342.5(a), the Planning Department, the Zoning Administrator and all other involved city agencies shall not approve any permit or entitlements for a Medical Use unless the Medical Use obtained a Consistency Determination from the Planning Department or the Planning Commission, or the Planning Commission found that countervailing public policy considerations justify approval of the application despite its inconsistency with the Health Care Services Master Plan.
(Added by Ord. 300-10, File No. 101057)
(a) Within thirty (30) days of the issuance or denial of a Consistency Determination by the Planning Commission, any person may file an appeal. If the Board of Supervisors has authority to review any associated entitlements, the appeal of the Consistency Determination shall be filed with the Board of Supervisors. If the Board of Supervisors does not have authority to review any associated entitlement the appeal shall be filed with the Board of Appeals.
(b) Appeal to the Board of Supervisors: The Board of Supervisors shall hold a public hearing on an appeal of a Consistency Determination. If the Board of Supervisors, based on all of the information before it, disagrees with the Planning Commission's decision to grant or deny a Consistency Determination, the Board of Supervisors may reverse such decision. The Board of Supervisor's decision shall be final.
(c) Appeal to the Board of Appeals: The Board of Appeals shall hold a public hearing on an appeal of a Consistency Determination: The Board of Appeals may, based on all of the information before it and on the affirmative vote of four of its members (or, if a vacancy exists, by a vote of three members), disagree with the Planning Commission's decision to grant or deny a Consistency Determination. In such cases the Board of Appeals may overrule the Planning Commission's decision and shall state in writing the reasons for its action. The Board of Appeals' decision shall be final.
(d) The Board of Supervisors or Board of Appeal, as applicable, shall act on the appeal of the Consistency Determination at the same time it acts on other entitlements for the proposed use. The Board of Supervisors or Board of Appeal, as applicable, may find that countervailing public policy considerations justify approval of the entitlement despite any inconsistency with the Health Care Services Master Plan.
(Added by Ord. 300-10, File No. 101057)
The Planning Director, in consultation with the Department of Public Health, may prepare rules, regulations, or guidelines to implement and enforce these sections 342 to 342.10. Rules or regulations prepared pursuant to this Section shall be adopted at a regular meeting of the Planning Commission, by a majority vote following a public hearing, provided that the amendment has been calendared for hearing for at least ten days.
(Added by Ord. 300-10, File No. 101057)
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