342.3

SEC. 342.3. HEALTH CARE SERVICES MASTER PLAN PROCESS. (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) SEC. 342.4. CONSISTENCY DETERMINATION FEE. 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) SEC. 342.5. CONSISTENCY DETERMINATION. (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) SEC. 342.6. APPEALS. (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) SEC. 342.7. AUTHORITY TO ADOPT RULES AND REGULATIONS. 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) SEC. 342.8. PREEMPTION. In adopting sections 342 to 342.10, the Board of Supervisors does not intend to regulate or affect the rights or authority of the State to take any actions that are required, directed, or expressly authorized by Federal or State law. This ordinance shall not apply to prohibit conduct that is prohibited by Federal and State law. The ordinance does not intend to supplant or supersede any state or local land use or environmental laws or regulations, including but not limited to the City's land use planning and zoning ordinances and the California Environmental Quality Act. (Added by Ord. 300-10, File No. 101057) SEC. 342.9. CITY UNDERTAKING LIMITED TO PROMOTION OF GENERAL WELFARE.