(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)