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FILE NO. 210535 ORDINANCE NO. 149-21 Supervisors Mandelman; Ronen, Preston, Peskin, Melgar, Mar BOARD OF SUPERVISORS Page 1 [Planning Code - Conditional Use Authorization Requirements Regarding Residential Care Facilities] Ordinance amending the Planning Code to eliminate the requirement of Conditional Use Authorization for Residential Care Facilities for seven or more people in Residential, House (RH) Districts; require Conditional Use Authorization for a change of use or demolition of a Residential Care Facility, and consideration of certain factors in determining whether to grant Conditional Use Authorization; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, the eight priority policies of Planning Code, Section 101.1, and public necessity, convenience, and general welfare findings pursuant to Planning Code, Section 302. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough italics Times New Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section 1. Land Use and Environmental Findings. (a) The Planning Department has determined that the actions contemplated in this ordinance comply with the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 210535 and is incorporated herein by reference. The Board affirms this determination.

Supervisors Mandelman; Ronen, Preston, Peskin, Melgar, Mar BOARD OF SUPERVISORS

Page 2 (b) On July 22, 2021, the Planning Commission, in Resolution No. 20944, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the City’s General Plan and eight priority policies of Planning Code Section 101.1. The Board adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 210535, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that this ordinance will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 20944, recommending approval of the proposed designation.

Section 2. General Findings. (a) Residential Care Facilities, as defined in Planning Code Sections 102 and 890.50(e) and established with or without the benefit of any permits required under City law, provide lodging, board, and care for 24 hours or more to persons in need of specialized aid by State-licensed personnel, and include board and care homes, family care homes, long-term nurseries, orphanages, rest homes, or homes for the treatment of addictive, contagious, or other diseases, or psychological disorders. (b) San Francisco has the highest percentage of seniors and adults with disabilities of any urban area in California, and the number of seniors is steadily increasing, especially those over the age of 85. (c) Over 40% of San Francisco’s seniors live without adequate support networks, in part because their families cannot find affordable housing in the City or because they do not have children. This problem is especially acute among LGBTQ seniors. (d) In January 2019, the San Francisco Long-Term Care Coordinating Council’s Assisted Living Workgroup issued a report regarding affordable assisted living in the City,

Supervisors Mandelman; Ronen, Preston, Peskin, Melgar, Mar BOARD OF SUPERVISORS

Page 3 which is on file with the Clerk of the Board of Supervisors in File No. 210535, and which found:

(1) As of August 2018, there were 101 assisted living facilities with a total of 2,518 assisted living beds and since 2012, the City had lost 43 assisted living facilities which had provided 243 assisted living facility beds;

(2) The number of assisted living facilities in the City has decreased, and the decrease has primarily occurred through the closure of small facilities, particularly the board and care homes with six or fewer beds, which are generally more affordable than other facilities;

(3) Assisted living facilities in the City face economic challenges, such as slim profit margins and difficulty in finding employees, which make it difficult for them to continue to operate; and

(4) There is unmet need for affordable assisted living facility placements, and as of January 2019, available waitlist data indicated that at least 103 persons require such placements. (e) In October 2019, the City adopted Resolution No. 430-19, which imposed interim controls for an 18-month period to require Conditional Use Authorization and specified findings for a proposed change of use from a Residential Care Facility. (f) The Planning Department issued a report dated January 29, 2021, which found that, since the effective date of Resolution No. 430-19 on October 11, 2019:

(1) Two Conditional Use applications had been filed for the removal of a Residential Care Facility, one seeking to convert a previously closed facility with five assisted living beds into a single-family home, and the second to convert a closed facility with six assisted living beds into two residential units; and

Supervisors Mandelman; Ronen, Preston, Peskin, Melgar, Mar BOARD OF SUPERVISORS

Page 4

(2) Residential Care Facilities are considered an Institutional Use that is permitted in Residential zoning districts, with the exception of the RH-1 and RH-2 zoning districts, where new Residential Care Facilities of seven or more beds are conditionally permitted; are not permitted in PDR districts; are not permitted on the ground floor in the North Beach and Folsom Street Neighborhood Commercial Districts and Regional Commercial Districts, and are conditionally permitted on the upper floors in those districts; and are conditionally permitted in the Pacific Avenue Neighborhood Commercial District. (g) The circumstances that caused the City to adopt the interim controls continue to exist, with preliminary data provided by the Human Services Agency showing the loss of an additional 11 assisted living facilities from January 2019 to January 2021, accounting for a loss during that period of 226 assisted living facility beds in facilities with fewer than 100 beds. (h) In April 2021, the City adopted Resolution No. 139-21, which extended the interim controls for an additional 6-month period to require Conditional Use Authorization and specified findings for a proposed change of use from a Residential Care Facility through October 11, 2021.

Section 3. The Planning Code is hereby amended by adding Section 202.11 and revising Sections 209.1 and 303, to read as follows: * * * * SEC. 202.11. LIMITATION ON CHANGE IN USE OR DEMOLITION OF RESIDENTIAL CARE FACILITY. Notwithstanding any other provision of this Article 2, a change in use or demolition of a Residential Care Facility use, as defined in Section 102, shall require Conditional Use authorization pursuant to Section 303, including the specific conditions in that Section for conversion of such a use. This Section 202.11 shall not authorize a change in use if the new use or uses are otherwise prohibited.

Supervisors Mandelman; Ronen, Preston, Peskin, Melgar, Mar BOARD OF SUPERVISORS

Page 5 SEC. 209.1. RH (RESIDENTIAL, HOUSE) DISTRICTS. Table 209.1 ZONING CONTROL TABLE FOR RH DISTRICTS

Zoning Category § References RH-1(D) RH-1 RH-1(S) RH-2 RH-3 * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Institutional Use Category Institutional Uses* § 102 NP NP NP NP NP * * * * * * * * * * * * * * * * * * * * * * * * * * * * Residential Care Facility § 102 P(3) P(3) P(3) P(3) P * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Not listed below. * * * * (3) [Note deleted]C required for seven or more persons. * * * *

Supervisors Mandelman; Ronen, Preston, Peskin, Melgar, Mar BOARD OF SUPERVISORS

Page 6 SEC. 303. CONDITIONAL USES.

* * * * (aa) Change in Use or Demolition of Residential Care Facility. With respect to a change of use from or demolition of a Residential Care Facility, as defined in Sections 102 and 890.50(e) of the Planning Code, including a Residential Care Facility established with or without the benefit of any permits required under the Municipal Code, in addition to the criteria set forth in subsections (c) and (d) of this Section 303, the Commission shall take into account the following factors when considering a Conditional Use Authorization for the change of use or demolition of a Residential Care Facility:

(1) Information provided by the Department of Public Health, the Human Services Agency, the Department of Disability and Aging Services, the Golden Gate Regional Center, and/or the San Francisco Long-Term Care Coordinating Council with regard to the population served, nature and quality of services provided, and capacity of the existing Residential Care Facility;

(2) Data on available beds at licensed Residential Care Facilities within a one-mile radius of the site, and assessment from any of the above agencies regarding whether these available beds are sufficient to serve the need for residential care beds in the neighborhoods served by the Residential Care Facility proposed for a change of use or demolition, and in San Francisco;

(3) Whether the Residential Care Facility proposed for a change of use or demolition will be relocated or its capacity will be replaced at another Residential Care Facility Use, and whether such relocation or replacement is practically feasible; and

(4) Whether the continued operation of the existing Residential Care Facility by the current operator is practically feasible and whether any other licensed operator or any of the above agencies has been contacted by the applicant seeking the change of use or demolition, or has expressed interest in continuing to operate the facility.

Supervisors Mandelman; Ronen, Preston, Peskin, Melgar, Mar BOARD OF SUPERVISORS

Page 7 Section 4. Effective Date. This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor’s veto of the ordinance.

Section 5. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Code that are explicitly shown in this ordinance as additions, deletions, Board amendment additions, and Board amendment deletions in accordance with the “Note” that appears under the official title of the ordinance.

APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney

By: /s/ Victoria Wong

VICTORIA WONG

Deputy City Attorney

n:\legana\as2021\2100249\01530971.docx Tails City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Ordinance Ordinance amending the Planning Code to eliminate the requirement of Conditional Use Authorization for Residential Care Facilities for seven or more people in Residential, House (RH) Districts; require Conditional Use Authorization for a change of use or demolition of a Residential Care Facility, and consideration of certain factors in determining whether to grant Conditional Use Authorization; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, the eight priority policies of Planning Code, Section 101.1, and public necessity, convenience, and general welfare findings pursuant to Planning Code, Section 302. File Number: September 21, 2021 Date Passed: 210535 September 13, 2021 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE REPORT September 14, 2021 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton September 21, 2021 Board of Supervisors - FINALLY PASSED Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton I hereby certify that the foregoing Ordinance was FINALLY PASSED on 9/21/2021 by the Board of Supervisors of the City and County of San Francisco. File No. 210535 Clerk of the Board Angela Calvillo

Date Approved

London N. Breed Mayor Page 1 City and County of San Francisco Printed at 2:57 pm on 9/22/21 9/29/21