§ 209.3.

INSTITUTIONS



RH-1 (D) RH-1 RH-1 (S) RH-2 RH-3 RM-1 RM-2 RM-3 RM-4 RTO RTO-M RC-1 RC-2 RC-3 RC-4
SEC. 209.3. INSTITUTIONS.
C C C C C C C C C C C C C C C (a) Hospital, medical center or other medical institution which includes facilities for inpatient or outpatient medical care and may also include medical offices, clinics, laboratories, and employee or student dormitories and other housing, operated by and affiliated with the institution, which institution has met the applicable provisions of Section 304.5 of this Code concerning institutional master plans.
P P P P P P P P P P P P P P P (b) Residential care facility providing lodging, board and care for a period of 24 hours or more to six or fewer persons in need of specialized aid by personnel licensed by the State of California. Such facility shall display nothing on or near the facility which gives an outward indication of the nature of the occupancy except for a sign as permitted by Article 6 of this Code, shall not provide outpatient services and shall be located in a structure which remains residential in character. Such facilities shall include but not necessarily be limited to a board and care home, family care home, long-term nursery, orphanage, rest home or home for the treatment of addictive, contagious or other diseases or psychological disorders.
C C C C C C C C C C C C C C C (c) Residential care facility meeting all applicable requirements of Subsection 209.3(b) above but providing lodging, board and care as specified therein to seven or more persons.
C C C C (d) Social service or philanthropic facility providing assistance of a charitable or public service nature and not of a profitmaking or commercial nature. (With respect to RC Districts, see also Section 209.9(d).)
P P P P P P P P P P P P P P P (e) Child-care facility providing less than 24-hour care for 14 or fewer children by licensed personnel and meeting the open-space and other requirements of the State of California and other authorities.
C C C C C C C C C C C C C C C (f) Child-care facility providing less than 24-hour care for 15 or more children by licensed personnel and meeting the open-space and other requirements of the State of California and other authorities. (With respect to RC Districts, see also Section 209.9(d).)
C C C C C C C C C C C C C C C (g) Elementary school, either public or private. Such institution may include employee or student dormitories and other housing operated by and affiliated with the institution. (With respect to RC Districts, see also Section 209.9(d).)
C C C C C C C C C C C C C C C (h) Secondary school, either public or private, other than a school having industrial arts as its primary course of study. Such institution may include employee or student dormitories and other housing operated by and affiliated with the institution. (With respect to RC Districts, see also Section 209.9(d).)
C C C C C C C C C C C C C C C (i) Post secondary educational institution for the purposes of academic, professional, business or fine arts education, which institution has met the applicable provisions of Section 304.5 of this Code concerning institutional master plans. Such institution may include employee or student dormitories and other housing operated by and affiliated with the institution. Such institution shall not have industrial arts as its primary course of study.
C C C C C C C C C C C C C C C (j) Church or other religious institution which has a tax-exempt status as a religious institution granted by the United States Government, and which institution is used primarily for collective worship or ritual or observance of common religious beliefs. Such institution may include, on the same lot, the housing of persons who engage in supportive activity for the institution. (With respect to RC Districts, see also Section 209.9(d).)
P P P P

(k) Medical cannabis dispensary as defined by Section 3301(f) of the San Francisco Health Code. (a) Requirements. MCDs must meet the following requirements: 1. the parcel containing the MCD cannot located within 1,000 feet from a parcel containing: a. a public or private elementary or secondary school and b. a community facility and/or recreation center that primarily serves persons under 18 years of age; and 2. the MCD is not located on the same parcel as a facility providing substance abuse services that is licensed or certified by the State of California or funded by the Department of Public Health; 3. no alcohol is sold or distributed on the premises for on or off-site consumption; 4. if medical cannabis is smoked on the premises the dispensary shall provide adequate ventilation within the structure such that the doors and windows are not left open for such purposes, resulting in odor emission from the premises; 5. in addition to these requirements, an MCD must meet all of the requirements in Article 33 of the San Francisco Health Code. (b) Application and Referral Process. The Department of Public Health is the lead agency for regulating MCDs. Final City permits are issued by the Department of Public Health. No dispensary may open without final authorization from the Department of Public Health. The Planning Department will review an application for a Medical Cannabis Dispensary only upon receipt of (1) a valid referral from the Department of Public Health pursuant to DPH Code Section 3304 and 3305; (2) supplemental application materials designated by the Planning Department; and (3) a building permit application. (c) Notice. Once the Department has determined that the application is complete, a 30-day notice of application shall be mailed to owners and occupants within a 300 foot radius of the subject property. Notice shall be posted on the project site for no less than 30 days. (d) Hearing. A Mandatory Discretionary Review hearing will be scheduled at the Planning Commission, which may choose to exercise its discretionary review powers and disapprove, modify, or approve the dispensary. (e) Signage. Signage for the medical cannabis dispensary shall be limited to one wall sign not to exceed ten square feet in area, and one identifying sign not to exceed two square feet in area; such signs shall not be directly illuminated. Any wall sign, or the identifying sign if the medical cannabis dispensary has no exterior wall sign, shall include the following language: “Only individuals with legally recognized Medical Cannabis Identification Cards or a verifiable, written recommendation from a physician for medical cannabis may obtain cannabis from medical cannabis dispensaries.” The required text shall be a minimum of two inches in height. (f) If an MCD closes for a duration longer than 18 months or if the MCD’s license is revoked by DPH pursuant to Health Code Section 3315, the MCD will be considered abandoned and any Planning Commission authorization for the parcel shall be null and void. (g) Any permit issued for a medical cannabis dispensary shall contain the following statement in bold-face type: “Issuance of this permit by the City and County of San Francisco is not intended to and does not authorize the violation of State or Federal law.”

AMENDMENT HISTORY

History

(Added by Ord. 443-78, App. 10/6/78; amended by Ord. 115-90, App. 4/6/90; Ord. 275-05, File No. 051250, App. 11/30/2005; Ord. 225-06, File No. 060032, Effective without the signature of the Mayor; Ord. 225-07, File No. 070677, App. 10/2/2007; Ord. 72-08, File No. 071157, App. 4/3/2008; Ord. 90-08, File No. 080232, App. 5/21/2008; Ord. 298-08, File No. 081153, App. 12/19/2008; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011)

Divisions (a), (e), (f), and (k) amended; Ord. 140-11, Eff. 8/4/2011.

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