Commission approves ordinance to make conditional-use controls permanent for some residential care facilities

The Planning Commission voted unanimously to approve an ordinance that would make some interim controls for residential care facilities permanent and refine findings that guide conditional-use authorization decisions. The proposal, presented by Jacob Bentliff on behalf of Supervisor Mandelmann, would require conditional use authorization for demolition or change of use of existing residential care facilities and remove the conditional-use requirement for new facilities of seven or more beds in many residential zoning districts, making them principally permitted.

Bentliff told commissioners the change is intended to preserve small residential care homes that provide assisted living and supportive care for seniors and people with disabilities. "We are losing these facilities at an alarming clip," he said, citing a 2019 Long Term Care Coordinating Council report that documented net losses in beds and facilities and describing instances where interim requirements helped advocates negotiate lease extensions or find operators.

Staff recommended modifications that include a three-year sunset on certain conditional-use requirements and clarified findings requiring outreach to relevant agencies (for example the Department of Public Health and Golden Gate Regional Center) and analysis of nearby bed supply and practicability of relocation. Advocates and service providers supported the ordinance at public comment, noting recent successes where the interim controls slowed conversions and enabled negotiations.

Commissioners emphasized that land-use controls alone are not a complete solution and called for complementary funding and programmatic work by the Board of Supervisors and Mayor's office. The motion to approve staff's recommendation with modifications passed 6-0.