o0037-22

FILE NO. 211263 AMENDED IN BOARD 3/1/2022 ORDINANCE NO. 37-22 [Planning Code - Massage Establishment Zoning Controls] Ordinance amending the Planning Code to revise Massage Establishment zoning controls to, including, among other things, to 1) add Sole Practitioner Massage Establishments to the definition of Health Services in Articles 71 and 8 and remove it from the definition of Massage Establishments; 2) regulate Massage Establishments generally consistent with regulation of Health Services, except that vvhere zoning for Health Services is more permissive, Massage Establishments shall require conditional use authorization on the second floor and are not permitted on the third floor and 1 O above unless located 'Nithin a Hotelwith some exceptions. including to make Massage Establishments principally permitted if accessory to a Health Service; 3) eliminate the three month period to establish abandonment of certain nonconforming Massage Establishment uses; 4) prohibit Personal Services uses for three years at any location where a Massage Establishment use was closed due to a violation of the Planning Code or Health Code; 5) eliminate the exception from the conditional use authorization requirement for massage uses accessory to a dv.mlling unit; 6) rename Medical Services to Health Services in Article 8 and make other conforming amendments; and 67) delete related provisions that have expired through the passage of time; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and 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 striketlirouglz italics Times likw Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial font. Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 1 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. 211263, and is incorporated herein by reference. The Board affirms this determination. 1 O (b) On February 3, 2022, the Planning Commission, in Resolution No. 21066, 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. 211263, 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. 21066, recommending approval of the proposed designation, which is incorporated herein by reference. Section 2. General Findings. Pursuant to this ordinance, Massage Establishments, except for Sole Practitioner Massage Establishments, that are proposed to be located on the first or second floor in certain commercial districts are subject to a Conditional Use Authorization requirement, as set forth in Planning Code Section 303. Conditional Use Authorization serves a number of purposes, including the assurance that a proposed activity will be neighborhood-serving and Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 2 will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity. A Massage Establishment seeking a Conditional Use Authorization may be eligible to participate in the Community Business Priority Processing Program, pursuant to Planning Code Section 303.2. This Program provides for priority processing of eligible Conditional Use Authorization applications and a reduced application fee. Section 3. The Planning Code is hereby amended by revising Section 102 in Article 1; Section 145.4 in Article 1.2; Section183 in Article 1.7; Sections 202.2, 210.1, 210.2 and 210.3 in Article 2; Sections 303, 311, and 342.1 in Article 3; Sections 710-745 and 750-764 in Article 7; and Sections 811, 812, 827, 829, 840, 841, 848, 890.28, 890.60 and 890.114 in Article 8, to read as follows: SEC. 102. DEFINITIONS. * * * * Design Professional. A Non-Retail Sales and Service Use that provides professional design services to the general public or to other businesses and includes architectural, landscape architectural, engineering, interior design, and industrial design services. It does not include (1) the design services of graphic artists or other visual artists which are included in the definition of Arts Activities; or (2) the services of advertising agencies or other services which are included in the definition of Professional Service or Non-Retail Professional Service, Financial Service,_ or A1edicalHealth Service. Design Professional in Neighborhood Commercial Districts is subject to the operating restrictions outlined in Section 202.2(i). * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 3 Massage Establishment. A Retail Sales and Service Use defined by Section 29.5 of the Health Code. For purposes of the Planning Code only, "Massage Establishment" shall include Be-th a "Massage Establishment" and but shall not include a "Sole Practitioner Massage Establishment," as these terms are defined in Section 29.5 of the Health Code. The Massage Establishment shall first obtain a permit from the Department of Public Health pursuant to Section 29.25 of the Health Code, or a letter from the Director of the Department of Public Health certifying that the establishment is exempt from such a permit under Section 29.25 of the Health Code. * * * * Service, Health. A Retail Sales and Service Use that provides medical and allied health services to the individual by physicians, surgeons, dentists, podiatrists, psychologists, psychiatrists, acupuncturists, chiropractors, Sole Practitioner massage therapists as defined in Section 29.5 ofthe Health Code, or any other health-care professionals when licensed by a State-sanctioned Board overseeing the provision of medically oriented services. It includes,_ without limitation, a clinic, primarily providing outpatient care in medical, psychiatric, or other health services, and not part of a Hospital or medical center, as defined by this Section of the Code, and Sole Practitioner Massage Establishments as defined in Section 29.5 of the Health Code, but does not include other Massage Establishments, which are defined elsewhere in this Code. * * * * SEC. 145.4. REQUIRED GROUND FLOOR COMMERCIAL USES * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Table 145.4 Page 4 Reference for Commercial, Reference for Mixed Use Neighborhood Commercial, and Residential- Commercial Districts * * * * N/A * * * * * * * * Districts * * * * 890.114 * * * * Use * * * * Service, },fedicalHealth * * * * SEC. 183. NONCONFORMING USES: DISCONTINUANCE AND ABANDONMENT. (a) Discontinuance and Abandonment of a Nonconforming Use, Generally. Whenever a nonconforming use has been changed to a conforming use, or discontinued for a continuous period of three years, or whenever there is otherwise evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not after being so changed, discontinued, or abandoned be reestablished, and the use of the property thereafter shall be in conformity with the use limitations of this Code for the district in which the property is located. Where no enclosed building is involved, discontinuance of a nonconforming use for a period of six months shall constitute abandonment. Where a A1assage Establishment is nonconforming for the reason that it is v;ithin 1, 000 feet &/another such establishment or because it is no longer permitted ·within the district, discontinuance for a continuous period of three months or change to a conforming use shall constitute---abandonment. * * * * SEC. 202.2. LOCATION AND OPERATING CONDITIONS. Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 5 (a) Retail Sales and Service Uses. The Retail Sales and Service Uses listed below shall be subject to the corresponding conditions: * * * * (4) Massage Establishments. Any Massage Establishment found to be operating, conducted, or maintained contrary to this Code or Health Code Article 29 shall be found to be in violation of this Code and will be subject to enforcement as provided in Section 176 of the Planning Code. For three years following closure of a Massage Establishment for violations of this Code or the Health Code no new Massage Establishment or Personal Service shall be approved at the site where the former Massage Establishment was closed. * * * * SEC. 210.1. C-2 DISTRICTS: COMMUNITY BUSINESS. * * * * Table 210.1 ZONING CONTROL TABLE FOR C-2 DISTRICTS * * * * Massa e Establishment * * * * * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS * * * * * * * * § 102,204 GP 7 * * * * * * * * Page 6 (7) Con the 2nd floor and NP on the 3rd floor and above, except that a Massage Establishment located on the 2nd floor or above w#R-i-n-accessory to a Hotel_,__e-r-Personal Service or Health Service is P. SEC. 210.2. C-3 DISTRICTS: DOWNTOWN COMMERCIAL. * * * * Retail Sales and Service Uses* * * * * Table 210.2 ZONING CONTROL TABLE FOR C-3 DISTRICTS §§ 102, 202.2(a) p p p * * * * * * * * * * * * * * * * * * p * * * * p * * Massage Establishment §§ 102, 204 GP{9) GP{9) GP{9) GP{9) GP{9) * * * * * * * * * * * * * * * * * * * * * * * * * * (9) Con the 2nd floor and NP on the 3rd floor and above, except that a Massage Establishment located on the 2nd floor or above w#R-i-n-accessory to a Hotel.,.--ef Personal Service or Health Service is P. * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS * * Page 7 SEC. 210.3. PDR DISTRICTS. * * * * Table 210.3 ZONING CONTROL TABLE FOR PDR DISTRICTS Retail Sales §§ 102, 202.2(a) P(1) P(10) P(9) P(1) and Service Uses* * * * * Massage Establishment * * * * Services, Health * * * * * * * * §§ 102, 204 * * * * § 102 * * * * **** **** * * * * * * * * **** **** * * * * * * * * p (3) p (8) p (8) p (5) **** **** * * * * * * * * {23) Con the 2nd floor and NP on the 3rd floor and above, except that a Massage Establishment located on the 2nd floor or above_wi#H-Raccesso]}' to a Hotel,--er- Personal Service or Health Service is P. Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 8 SEC. 249.36. LIFE SCIENCE AND MEDICAL SPECIAL USE DISTRICT. * * * * (c) Controls. /\II provisions of the Planning Code currently applicable shall continue to apply, except as otherwise provided in this Section 249.36: (1) MedicalHealth Services. MedicalHealth services, including medical offices and clinics, as defined in Section 890.114, are a Principally Permitted Use and are exempted from use size limitations, PDR replacement requirements (Sec. 202.7), and vertical (floor by floor) zoning controls (Sec. 803.9(f)). For the purposes of this Section, a medicalhealth service use may be affiliated vvith a hospital or medical center as defined in 890.44. * * * * SEC. 303. CONDITIONAL USES. * * * * (n) Massage Establishments. With respect to Massage Establishments that are subject to Conditional Use authorization, in addition to the criteria set forth in subsection (c) above, the Commission shall make the following findings: (1) Whether tlw applicant has obtained, and maintains in good standing, a permit for a lvfassage Establishmentfrom the Department of Public Health pursuant to Section 29.10 of the Health (21) Whether the use's fa9ade is transparent and open to the public. Permanent transparency and openness are preferable. Elements that lend openness and transparency to a fa9ade include: Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 9 (A) active street frontage of at least 25 feet in length where 75% of that length is devoted to entrances to commercially used space or windows at the pedestrian eye- level; (B) windows that use clear, untinted glass, except for decorative or architectural accent; (C) any decorative railings or decorative grille work, other than wire mesh, which is placed in front of or behind such windows, should be at least 75% open to perpendicular view and no more than six feet in height above grade; (J2.) Whether the use includes pedestrian-oriented lighting. Well lit 1 O establishments where lighting is installed and maintained along all public rights-of-way adjacent to the building with the massage use during the post-sunset hours of the massage use are encouraged: (4J_) Whether the use is reasonably oriented to facilitate public access. Barriers that make entrance to the use more difficult than to an average service-provider in the area are to be strongly discouraged. These include (but are not limited to) foyers equipped with double doors that can be opened only from the inside and security cameras. Exceptions. A Massage Establishment shall not require a Conditional Use authorization if the Massage Establishment satisfies one or more of the following conditions: (1) The massage use is accessory to a Principal Use, if the massage use is accessed by the Principal Use and ~4) the Principal Use is a Dwelling Unit and the massage use conforms to the requirements a/Section 204. 1, for Accessory Uses for Dwelling Units in All Districts," or (B) the Principal Use is a Tourist Hotel, not including a Residential Hotel; a Personal Service; a Health Service; that contains 100 or more rooms or an Institutional Use as defined in this Code. Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 10 (2) The only massage service provided is eChair!Foot mMassage, such service is visible to the public, and customers are fully clothed at all times. (3) It is a Sole Practitioner Massage Establishment, as defined in Section 29.5 of the Health Code. * * * * SEC. 311. PERMIT REVIEW PROCEDURES. * * * * (b) Applicability. Except as indicated herein, all building permit applications in Residential, NC, NCT, and Eastern Neighborhoods Mixed Use Districts for a change of use; establishment of a Micro Wireless Telecommunications Services Facility; establishment of a Formula Retail Use; demolition, new construction, or alteration of buildings, and the removal of an authorized or unauthorized residential unit shall be subject to the notification and review procedures required by this Section 311. In addition, all building permit applications that would establish Cannabis Retail or Medical Cannabis Dispensary uses, regardless of zoning district, shall be subject to the review procedures required by this Section 311. Notwithstanding the foregoing or any other requirement of this Section 311, a change of use to a Child Care Facility, as defined in Section 102, shall not be subject to the review requirements of this Section 311. Notwithstanding the foregoing or any other requirement of this Section 311, building permit applications to construct an Accessory Dwelling Unit pursuant to Section 207(c)(6) shall not be subject to the notification or review requirements of this Section 311. Notwithstanding the foregoing or any other requirement of this Section 311, a change of use to a principally permitted use in an NC or NCT District, or in a limited commercial use or a limited corner commercial use, as defined in Sections 186 and 231, respectively, shall not be subject to the review or notice requirements of this Section 311. Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 11 (1) Change of Use. For the purposes of this Section 311, a change of use is defined as follows: (A) Residential, NC, and NCT Districts. For all Residential, NC, and NCT Districts, a change of use is defined as a change to, or the addition of, any of the following land uses as defined in Section 102 of this Code: Adult Business, Bar, Cannabis Retail, General Entertainment, Group Housing, Limited Restaurant, Liquor Store, Massage Establishment, Medical Cannabis Dispensary, Nighttime Entertainment, Outdoor Activity Area, Post-Secondary Educational Institution, Private Community Facility, Public Community Facility, Religious Institution, Residential Care Facility, Restaurant, School, Tobacco Paraphernalia Establishment, Trade School, and Wireless Telecommunications Facility. A change of use from a Restaurant to a Limited-Restaurant shall not be subject to the provisions of this Section 311. Any accessory massage use in the Ocean Avenue Neighborhood Commercial Transit District shall be su&ject to the provisions o.fthis Section 311. Any accessory massage use in the Ocean Avenue Neighborhood Commercial Transit District shall be subject to the provisions of this Section 311. A change of use to a principally permitted use in an NC or NCT District, or in a limited commercial use or a limited corner commercial use, as defined in Sections 186 and 231, respectively, shall not be subject to the provisions of this Section 311. * * * * SEC. 342.1. DEFINITIONS. As used in these Sections 342 to 342.10, "Medical Use" shall mean a use as defined in Section 890.114 or 890.44 of this Code or a Hospital or Health Service use as defined in Section 102 of this Code, excluding any housing operated by a medical provider or any massage use. Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 12 SEC. 710. NC-1 - NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT. * * * * Table 710. NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT NC-1 ZONING CONTROL TABLE Retail Sales and Service Uses* §i 102, 202.2(a), 202.3 P(2)(3) NP NP * * * * * * * * * * * * * * * * * * * Massage Establishment § 102, 204, 703 N-FP NP 12 NP@ * * * * * * * * * * * * * * * * * * * Services, Health § 102 p NP NP * * * * * * * * * * * * * * * * * * * * * 1* * Not listed below * * * * (12) P i[located vvithinaccessory to a Hotel,-Bf Personal Service or Health Service~ SEC. 711. NC-2 - SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 711. SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-2 ZONING CONTROL TABLE Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 13 202.3 I * * * * * * * * * * * * * * * * * * * * §~ 102, 204, 303(n2"' l Massage Establishment ~P(9) NFC(13) NP@ I * * * * * * * * * * * * * * * * * * * I * * Not listed below * * * * (132 P iflocated \Nithinaccessory to a Hotel,--Gf Personal Service or Health Service, except C if accessory to a Hotel, Personal Service or Health Service within the boundaries described in note 9 to this Table~ SEC. 712. NC-3-MODERATE-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 712. MODERATE-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-3 ZONING CONTROL TABLE Retail Sales and Service Uses* * * * * Massage Establishment * * * * * Not listed below * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS §§ 102, 202.2(a2, 202.3 * * * * §§ 102, 204, 303(en), 703 * * * * p p p * * * * **** **** GP Cfj11 NP@ * * * * **** **** Page 14 02) P if~accessory to a Hotel,-Bf Personal Service or Health Service~ SEC. 713. NC-S - NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT. * * * * Table 713. NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT NC-S ZONING CONTROL TABLE * * * * * * * * Massa e Establishment * * * * * * §.§: 102, 204, 303 e11 , 703 Gf_ * * * * * * * * * * * * C9 * * * * * * Services, Health § 102 p p * * * * * * * * * * * * * * * * *Not listed below * * * * (9) P i[located vvithinaccessory to a Hotel,-Bf Personal Service or Health Service~ SEC. 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS * * * * NP 1 * * Page 15 * t * * Retail Sales and Service Uses* §§ 102, 202.2(a), 202.3 p p NP * * * * * * * * * * * * * * * * * * * Massa e Establishment §§ 102, 204, 303 11, 703 GE_ C 9 NP 9 * * * * * * * * * * * * * * * * * * * * Not listed below * * * * (9) P i[located withinaccessory to a Hotel,-ef Personal Service or Health Service. SEC. 715. CASTRO STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 715. CASTRO STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * * * * * * * * * * * * * * * Mass.a e Establishment * * * * Services, Health * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS §§ 102, 204, 303 n , 703 * * * * § 102 * * * * GP CB * * * * * * * * * * p p c * * * * * * * * * * Page 16 * * * * Not listed below (8) P i{located vvithinaccessory to a Hotel,--ef Personal Service or Health Service~ SEC. 716. INNER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 716. INNER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * * * * * * * * * * * * * * * Massa e Establishment §§ 102, 204, 303(n), 703 GP cs * * * * * * * * * * * * * * * * * * * * * * Not listed below * * * * (8) P iflocated withinaccessory to a Hotel,--ef Personal Service or Health Service. SEC. 717. OUTER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 17 Table 717. OUTER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * * * * * * * * * * * * Massa e Establishment § 102, 204, 703 N-/2P NP 7 * * * * * * * * * * * * * * * * * * * Not listed below * * * * (7) P i[located 1.vithinaccessory to a Hotel_,_-Bf Personal Service or Health Service. SEC. 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS ZONING CONTROL TABLE Page 18 * * * * * * * * * * * * * * * * * Massa e Establishment §§ 102L 204, 303 n 703 GE_ * * * * * * * * * * * * * * * * * * * Not listed below * * * * (8) P iflocated \Nithinaccessory to a Hotel_,_--Bf Personal Service or Health Service. SEC. 719. HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 719. HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * * * * * * * * * * * * * * * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS * I Page 19 Massage Establishment §.f 102, 204, 303{_n2, 703 GN-PC(10) :NFCtlQ' NP(l I') * * * * * * * * * * * * * * * * Services, Health § 102 NP c * * * * * * * * * * * * * * * * * Not listed below * * * * {_] 02 P if located vvithinaccessory to a Hotel,--GF Personal Service or Health Service~ SEC. 720. EXCELSIOR OUTER MISSION NEIGHBORHOOD COMMERCIAL * * NP * * DISTRICT. * * * * Table 720. EXCELSIOR OUTER MISSION STREET NEIGHBORHOOD COMMERCIAL DISTRICT * * * * Uses* * * * * Grocery, General Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS ZONING CONTROL TABLE §§ 102, 202.2(a) p p p * * * * **** **** ** §.f 102, 202. 3 P(1) P(1) P(1) Page 20 i I t I * * * * * * * * * * * * * * * * * * * * * Massage Establishment §£ 102L 204, 303(nL. Gf_ Cffil NP@ * * * * * * * * * * * * * * * * * * * * Not listed below * * * * (6) P i[located 1Nithinaccessory to a Hotel,--Bf Personal Service or Health Service~ SEC. 721. JAPANTOWN NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 721. JAPANTOWN NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Retail Sales and Service §§ 102, 202.2(a)L p p c Uses* 202.3 * * * * * * * * * * * * * * * *j* * I * * * * Massage Establishment * * * * Services, Health * * * * *Not listed below Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS §.2: 102L 204, 303(n).,_ Cffil * * * * * * * § 102 c * * * * * * * Cffil GNP(6)1 * * * * * * * * * p p * * * * * * * * * Page 21 * * * * @ P if ~accessory to a Hotel,--ef Personal Service or Health Service~ SEC. 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Retail Sales and Service Uses* §§ 102, 202.2(a), 202.3 P(10) P(10) NP * * * * * * * * * * * * * * * * * * * I §§ 102, 204, 303(n)_,_ -- - GNPC(14) NFCUil NP@' Massage Establishment * * * * * * * * * * * * * * * * * * * Services, Health § 102 NP c c * * * * * * * * * * * * * * * * * * * *Not listed below * * * * (14) P iflocated withinaccessory to a Hotel,--ef Personal Service or Health Service~ SEC. 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT. Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 22 * * * * * * * * * Table 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * * * * * * * * * * * Massa e Establishment §£ 102, 204 303 n , 703 NP 9 N-F-C 9 * * * * * * * * * * * * * * * * Services, Health § 102 NP c * * * * * * * * * * * * * * * * * Not listed below * * * * (9) P i[located withinaccessory to a Hotel,-Df Personal Service or Health Service~ * * c * SEC. 724. SACRAMENTO STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * * * * Table 724. SACRAMENTO STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS * * * * * * * * * * * * * * * * * I NF-C(4) NF-C[lj NP.(Zli I Massage Establishment §§ 102, 204, 303(n), 703 * * * * * * * * * * * * * * * * * Services, Health § 102 C4 p p * * * * * * * * * * * * * * * * * * Not listed below * * * * (4) A Health Service Use and Massage Establishment Use requires,§ a Conditional Use authorization on the ground story whether it is Principal or Accessory. * * * * (7) P i[located withinaccessory to a Hotel,-Bf Personal Service or Health Service~ SEC. 725. UNION STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 725. UNION STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 24 * * * Retail Sales and Service Uses* * * * * Massage Establishment * * * * Services, Health * * * * * Not listed below §§ 102, 202.2 (a), 202.3 * * * * §§ 102L 204, 303(n)_,_ * * * * § 102 * * * * p * * Gfl-f E * * p * * p NP * * * * * * * * * C(1 )ill NP.(Zl * * * * * * * * * p c * * * * * * * * * (1) Any Massage Establishment that has continually operated without the benefit of a building permit within the Union Street NCO since prior to December 31, 2017 shall not require a Conditional Use authorization to legally establish the Massage Establishment. However, such establishments must file a building permit application by May 1, 2020 to legally establish the Massage Establishment use, and such building permit application will be subject to neighborhood notification pursuant to Planning Code Section 311. * * * * (7) P if located vvithinaccessory to a Hotel,-ef Personal Service or Health Service~ SEC. 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * \ Table 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS ZONING CONTROL TABLE Page 25 * * * * * * * * * * * * * * * * * * t Massa e Establishment §.§: 102, 204, 303 n , 703 NP 8 NFC 8 NP 8 * * * * * * * * * * * * * * * * * * Services, Health § 102 NP c NP * * * * * * * * * * * * * * * * * * *Not listed below * * * * (8) P iflocated withinaccessory to a Hotel,--Gf- Personal Service or Health Service. SEC. 727. LAKESIDE VILLAGE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * I Table 727. I LAKESIDE VILLAGE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTRO~ * * * * * * * * Massa e Establishment * * * * Services, Health * * * * *Not listed below Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS TABLE I * * * * * * * * * * § 102, 204, 703 NP 3 * * * * * * * * * * * * * * § 102 P NP NP * * * * * * * * * * * * * * Page 26 * * * * * * * * * * (3) P if located vvithinaccessory to a Hotel,--Of Personal Service or Health Service~ SEC. 728. 24TH STREET - NOE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 728. 24TH STREET - NOE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT * * * * Retail Sales and Service Uses* * * * * Massage Establishment * * * * Services, Health * * * * *Not listed below * * * * ZONING CONTROL TABLE NP §§ 102, 202.2(a), p 202.3 c * * * * * * * * * * * * * * * §§ 102,_204. 303(nL. C!fil * * * * * * * * * * * * * * * § 102 c P NP * * * * * * * * * * * * * * * * (8) P if located withinaccessory to a Hotel,--Of Personal Service or Health Service. Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 27 SEC. 729. WEST PORTAL AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 729. WEST PORTAL AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Retail Sales and Service Uses* * * * * §§ 102, 202.2(a), 202.3 * * * * p * * p NP * * * * * * * * * §.§: 102L 204, 303(n)_,_ N-F-P N-F-C!fil NP@ Massage Establishment * * * * * * * * * * * * * * * * * * * Not listed below * * * * (6) P if located withinaccessory to a Hotel,--Gf Personal Service or Health Service~ SEC. 730. INNER SUNSET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 730. INNER SUNSET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 28 Retail Sales and Service Uses* §§ 102, 202.2(a)L p c NP 202.3 * * * * * * * * * * * * * * * * * * * Massage Establishment §§ 102L 204, 303(n), C!fil NFC!fil NP@ * * * * * * * * * * * * * * * * * * Services, Health § 102 c c NP * * * * * * * * * * * * * * * * * * *Not listed below * * * * (6) P i[located 1..vithinaccessory to a Hotel,-Df Personal Service or Health Service. SEC. 731. NORIEGA STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 731. NORIEGA STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Retail Sales and Service §§ 102, 202.2(a), p p NP Uses* 202.~3 * * * * * * * * * * * * * * * * * * * * * Massage Establishment §§ 102L 204, 303(nL_ GP NFC[jj NP.(Zl * * * * * * * * * * * * * * * Not listed below * * * *' * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 29 * * * * (7) P if located vvithinaccessory to a Hotel,--Bf Personal Service or Health Service. SEC. 732. IRVING STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 732. IRVING STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Retail Sales and Service Uses* * * * * Massage Establishment * * * * Not listed below * * * * §§ 102, 202.2(a), 202.3 P p NP * * * * **** **** **** §.£ 102L204., 303(n)_,_ * * * GP * * * NP.(Zl * * * * * * .(Zl P i{located withinaccessory to a Hotel,--Bf Personal Service or Health Service~ SEC. 733. TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 733. TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 30 Retail Sales and Service Uses* §§ 102, 202.2(a), 202.3 P p NP * * * * * * * * **** **** **** Massage Establishment §§ 102L 204, 303(n),_ GP NPw * * * * * * * * **** **** **** *Not listed below * * * * (7) P iflocated \Nithinaccessory to a Hotel,--Gf Personal Service or Health Service~ SEC. 734. JUDAH STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 734. JUDAH STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Retail Sales and Service Uses* * * * * Massage Establishment * * * * * Not listed below Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS § 102, 202.2(a), 202.3 * * * * §§ 102L204, 303(n),_ * * * * p p * * * * * * * * GP NF-C[Jj * * * * * * * * NP * * * * NPw * * * * Page 31 * * * * (7) P i[located 1Nithinaccessory to a Hotel_,_-Bf Personal Service or Health Service~ SEC. 735. INNER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 735. INNER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * * * * * * * * * * * Massa e Establishment §.§: 102L 204 303 n , 703 Gf__ NFC 3 * * * * * * * * * * * * * * * * * * * t * * Not listed below * * * * (3) P i[located \Nithinaccessory to a Hotel_,_-Bf Personal Service or Health Service. SEC. 736. OUTER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 736. OUTER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 32 * * * * * * * * * * * * * Massage Establishment §.2: 102, 204, 303(n), 703 Q.P * * * * * * * * * * * * Not listed below * * * * (3) P if located withinaccessory to a Hotel,-Bf Personal Service or Health Service~ SEC. 737. BAYVIEW NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 737. BAYVIEW NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * * * * * * * * * * * * * * * * r * Massage Establishment Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS §.2: 102, 204, 303(eI:I), 703 Q.P C 5 NP 5 Page 33 * * * * * * * * * * * *I * * * *I * * *Not listed below * * * * (5) P i[located i.vithinaccessory to a Hotel,-B-F Personal Service or Health Service~ SEC. 738. CORTLAND AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 738. CORTLAND AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * * * * * * * * * * * Massa e Establishment §.§: 102L 204, 303 n > 703 bf * * * * * * * * * * * * * * * * * * *Not listed below * * * * (3) P i[located withinaccessory to a Hotel,-B-F Personal Service or Health Service~ SEC. 739. GEARY BOULEVARD NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 34 * * Table 739. GEARY BOULEVARD NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * * * * * * * * * * * * * * * t * Massa e Establishment § 102, 204, 303 e11 , 703 Gf_ C 8 NP 8 * * * * * * * * * * * * * * * * * * * Not listed below * * * * (8) P if located \Nithinaccessory to a Hotel,-Bf Personal Service or Health Service~ SEC. 740. MISSION BERNAL NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 740. MISSION BERNAL NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 35 * * * * * * * * * * * * * * * * Massa e Establishment §§ 102, 204, 303 e11 , 703 GE C5 * * * * * * * * ********** *Not listed below * * * * (5) P if located i.vithinaccessory to a Hotel_,_--Bf Personal Service or Health Service~ SEC. 741. SAN BRUNO AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 741. SAN BRUNO AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * * * * * * * * * * * * * * * Massa e Establishment §§ 102L 204, 303(n), 703 GE NFC3 NPQl * * * * * * * * * * * * * * * * * * *Not listed below * * * * (3) P iflocated vvithinaccessory to a Hotel_,_--Bf Personal Service or Health Service. Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 36 * * * SEC. 742. COLE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICTS. * * * * Table 742. COLE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Retail Sales and Service Uses* §§ 102, 202.2(a2, 202.3 p NP NP I * * * * * * * * * * * * * * * * * * * Massa e Establishment § 102,204, 703 N-FP NP 3 NP 3 * * * * * * * * * * * * * * * * * * * Services, Health § 102 p NP NP * * * * * * * * * * * * * * * * * * * *Not listed below * * * * (3) P if~accessory to a Hotel,.-Bf Personal Service or Health Service~ SEC. 743. LOWER HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 743. LOWER HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 37 * * * * * * * * * * * * * * * * * * * * Massage Establishment §.2: 102, 204, 303 n , 703 Gf__ NFC 3 NP 3 * * * * * * * * ********** * Not listed below * * * * (3) P i[located vvithinaccessory to a Hotel_,_--Bf Personal Service or Health Service. SEC. 744. LOWER POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 744. LOWER POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Retail Sales and Service Uses* * * * * Massage Establishment Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS §§ 102, 202.32(a), 202.3 * * * * p * * * * §.2: 102, 204, 303(en)_,_ Gf__ p p * * * * * * * * C4 NP@ Page 38 I * * * * * * * * * * * * * . . . . . .. ·I * Not listed below * * * * (4) P if~accessory to a Hotel.,--er- Personal Service or Health Service~ SEC. 745. INNER TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 745. INNER TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Uses* §§ 102, 202.2(a), 202.3 P p NP * * * * * * * * **** **** **** Massage Establishment GP NPffi * * * * * * * * **** **** **** * Not listed below * * * * (4) P i{located withinaccessory to a Hotel,--er- Personal Service or Health Service. SEC. 750. NCT-1 - NEIGHBORHOOD COMMERCIAL TRANSIT CLUSTER DISTRICT. Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 39 * * * * Table 750. NEIGHBORHOOD COMMERCIAL TRANSIT CLUSTER DISTRICT NCT-1 ZONING CONTROL TABLE * * * * * * * * * * * * * * * * * * * * Massage Establishment §§ 102L204, 303(n), 703 N-Ff_ NP 10 * * * * * * * * * * * * * * * * Services, Health § 102 p NP * * * * * * * * * * * * * * * * *Not listed below * * * * (10) P iflocated vvithinaccessory to a Hotel,-Bf Personal Service or Health Service~ SEC. 751. NCT-2 - SMALL-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * * * NP 1 * * NP * * Table 751. SMALL-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT NCT-2 Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 40 * i * * ZONING CONTROL TABLE * * * * * * * * * * * * * * * * * * * * * * Massage Establishment §.2: 102, 204, 303 n , 703 £,p * * * * * * * * * * * * * * * * * * * Not listed below * * * * (8) P i{!ocated withinaccessory to a Hotel,-Bf Personal Service or Health Service~ SEC. 752. NCT-3 - MODERATE-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 752. MODERATE-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT NCT-3 * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS ZONING CONTROL TABLE Page 41 * * * * * * * * * * * * * * * * * * * * Massa e Establishment §S: 102L 204, 303 n , 703 GP cs NP 8 * * * * * * * * * * * * * * * * * * * Not listed below * * * * (8) P iflocated vvithinaccessory to a Hotel,--Df Personal Service or Health Service. SEC. 753. SOMA NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 753. SOMA NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * Massa e Establishment §.§: 102, 204, 303(n), 703 GP NFC6 NP 6 * * * * * * * * * * * * * * * * * * * Not listed below Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 42 * * * * * * (6) P i{located withinaccessory to a Hotel,--ef Personal Service or Health Service. SEC. 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT * * * * Retail Sales and Service Uses* * * * * Massage Establishment * * * * * Not listed below * * * * ZONING CONTROL TABLE §§ 102, 202.2(a), 202.3 P p p * * * * §§ 102,_2..Q4,_303(nL. * * * * * * * * * * * * * * * * GE_ Cffil NPfl2)_ * * * * * * * * * * * * (9) P i[located withinaccessory to a Hotel,--ef PersQnal Service or Health Service. SEC. 755. OCEAN AVENUE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 43 Table 755. OCEAN AVENUE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * * * * * * * * * * * * * * * * * * * Massage Establishment §.{ 102L204, 303(n), 703 C(JJ_7 N-J!-C 7 * * * * * * * * * * * * * * * * * * Services, Health § 102 C5 p p * * * * * * * * * * * * * * * * * * * Not listed below * * * * (5) A Health Service Use andor Massage Establishment Use requiresg a Conditional Use autl:lorization on the ground story whether it is Principal or Accessory. * * * * {7) P if located vvithinaccessory to a Hotel,--ef Personal Service or Health Service. SEC. 756. GLEN PARK NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 756. GLEN PARK NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 44 * * t * * * * * Uses* §§ 102, 202.2(a), 202.3 p p NP * * * * * * * * * * * * * * * * * * * Massage Establishment §.f 102,_)04, 303(nL_ QP NFC ill NP{Zl * * * * * * * * * * * * * * * * * * * Not listed below * * * * (7) P iflocated 'JVithinaccessory to a Hotel,--Gf Personal Service or Health Service. SEC. 757. FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 757. FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * * * * ' Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 45 * * * * * * * * * * * * * * CNP(11) NP(l Ji> §.2: 102L204, 303(n), 703 b-P(72(82 c 11 Massage Establishment * * * * * * * * * * * * * * * * * * Services, Health § 102 P7 8 NP NP * * * * * * * * * * * * * * * * * * * Not listed below * * * * (7) Must be primarily open to the general public on a client- oriented basis, NP if not. (8) P on first or second floor, but not both. * * * * (11) P iflocated withinaccessory to a Hotel,-Bf Personal Service or Health Service~ SEC. 758. REGIONAL COMMERCIAL DISTRICT. * * * * * * * * Table 758. REGIONAL COMMERCIAL DISTRICT ZONING CONTROL TABLE Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 46 i * * * * * * * * * * * * * * * Massage Establishment §j' 102,_204, 303(n), 703 GP(6)(7) NP(Z)_yzo ) ! * * * * * * * * * * * * * * * * * * Services, Health § 102 P6 7 NP NP * * * * * * * * * * * * * * * * *Not listed below * * * * (6) P when primarily open to the general public on a client-oriented basis. (7) P on first or second floor, but not on both; P on all floors in Historic Buildings. * * * * (10) P iflocated 1Nithinaccessory to a Hotel_,_--Gf Personal Service or Health Service~ SEC. 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * * Table 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * Uses* * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 47 t ~ t * * * * * * * * * * * * * * * * * * * * * Grocery, General §i_ 102, 202. 3 P(5) P(5) NP Massage Establishment §§ 102, 204, 303(_n2_,_ GE_ NJ2C£J)j NP{2l * * * * * * * * * * * * * * * * * * * Not listed below * * * * (92 P iflocated withinaccessory to a Hotel_,_--Gf Personal Service or Health Service~ SEC. 760. FILLMORE STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * * Table 760. FILLMORE STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT * * * * Retail Sales and Service Uses* ZONING CONTROL TABLE §§ 102, 202.2(a), 202.3 P P P * * * * * * * * * * * * * * * * * * * * * * Massa e Establishment * * * * * Not listed below. * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS cs NP 5 * * * * * * * * * * * * * * * * Page 48 (5) P i[located vvithinaccessory to a Hotel.,.--Gf Personal Service or Health Service. SEC. 761. HAYES-GOUGH NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 761. HAYES-GOUGH NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * * * * * Massa e Establishment * * * * Services, Health * * * * * Not listed below * * * * * * * * §§: 102,_204, 303(n), 703 * * * * § 102 * * * * * * * * * * * * C7 N-/2C 7 * * * * * * * * c p * * * * * * * * (7) P i[located vvithinaccessory to a Hotel_,_--Gf Personal Service or Health Service. SEC. 762. VALENCIA STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * . Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS * * * * c * * Page 49 * 1 * 1 * Table 762. VALENCIA STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * Retail Sales and Service §§ 102, 202.2(a), 202.3 P · c NP Uses* * * * * * * * * * * * * * * * * * * * * Massa e Establishment §i 102L204, 303 n > 703 Qf__ cs NP 8 * * * * * * * * * * * * * * * * * * * * * Not listed below * * * * (8) P i[located withinaccessory to a Hotel_,_-er- Personal Service or Health Service~ SEC. 763. 24TH STREET - MISSION NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 763. 24TH STREET - MISSION NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS ZONING CONTROL TABLE Page 50 * * * * * * * * * * * * * Massa e Establishment §§ 102L204, 303 n , 703 GE * * * * * * * * * * * * * * * * * * * * Services, Health § 102 p c NP * * * * * * * * * * * * * * * * * * *Not listed below * * * * (8) P i[located vvithinaccessory to a Hotel,-BF Personal Service or Health Service~ SEC. 764. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 764. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS ZONING CONTROL TABLE Page 51 * * * * * * * * * * * * * * * * * * * Massa e Establishment § 102!_204 303 n , 703 GE_ c 10 NP Jd * * * * * * * * * * * * * * * * * * Services, Health § 102 P7 p c * * * * * * * * * * * * * * * * * * * Not listed below * * * * (7) Clinics licensed as community and free clinics as defined under California Health and Safety Code Section 1204(a)(1) and clinics exempt from licensing under California Health and Safety Code Section 1206(b) are Principally Permitted Uses. Other Health Service uses are subject to the provisions of Section 303:-1- of this Code. * * * * (10) P if located withinaccessory to a Hotel.,.-Bf Personal Service or Health Service~ SEC. 810. CHINATOWN COMMUNITY BUSINESS DISTRICT. * * * * Table 810 CHINATOWN COMMUNITY BUSINESS DISTRICT ZONING CONTROL TABLE * * * * Controls by Story t t NON-RESIDENTIAL USES 1st J 2nd 3rd, * * * * Sales and Service Use Category Retail Sales and Service Uses* * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS * * * * p * * * * * * * * * * * * * * * ~ p p * * * * * * * Page 52 * * * Massage Establishment I ~~; 02, 204, 303(n), II Cill II Cill IG~ * * * * * * * * * * * * I * * * *I * * * ~* Services, Health § 102 NP p NP i I * * * * * * * * * * * * * * * * * * * !1* * Not listed below * * * * (4) P if accessory to a Hotel, B-f--Personal Service or Health Service. SEC. 811. CHINATOWN VISITOR RETAIL DISTRICT. The Chinatown Visitor Retail Neighborhood Commercial District extends along Grant Avenue between California and Jackson Streets. This district contains a concentration of shopping bazaars, art goods stores and restaurants which attract visitors and shoppers and contribute to the City's visual and economic diversity. Grant Avenue provides an important link between Downtown retail shopping and the Broadway, North Beach and Fisherman's Wharf areas. This district is intended to preserve the street's present character and scale and to accommodate uses primarily appealing to visitors (e.g. tourist gifts shops, jewelry stores, art goods, large restaurants). In order to promote continuous retail frontage, entertainment, financial services, medicalhealth service, automotive, and drive-up uses are restricted. Most commercial uses, except financial services are permitted on the first two stories. Administrative services, (those not serving the public) are prohibited in order to prevent encroachment from downtown office uses. There are also special controls on restaurants and tourist hotels. Building standards protect and complement the existing small-scale development and the historic character of the area. Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 53 I I The height limit applicable to the district will accommodate two floors of housing or institutional use above two floors of retail use. Existing residential units are protected by prohibition of upper-story conversions and limitation on demolition. Accessory dwelling units are permitted within the district pursuant to Subsection 207(c)(4) of this Code. Table 811 CHINATOWN VISITOR RETAIL DISTRICT ZONING CONTROL TABLE * * * * Sales and Service Use Category Retail Sales and Service Uses* 2 202.2 a 202.3 p * * * * * * * * * * * * §§ 102~204, 303(n)_,_ GN-PC(3) Cfill Massage Establishment * * * * * * * * * * * * * * * Services, Health § 102 NP p * * * * * * * * * * * * * * * * *Not listed below * * * * (3) P i[located 1.vithinaccessory to a Hotel_,_-Df Personal Service or Health Service~ SEC. 812. CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 812 NP * * NP * * *• * *I * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 54 CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Sales and Service Use Category Retail Sales and Service Uses* H 102. 202.2(a>. 202.3 * * * * Massage Establishment * * * * *Not listed below * * * * (3) P iflocated vvithinaccessory to a Hotel,-er- Personal Service or Health Service. DTR). SEC. 827. RINCON HILL DOWNTOWN RESIDENTIAL MIXED USE DISTRICT (RH- * * * * * * * * No. Table 827 RINCON HILL DOWNTOWN RESIDENTIAL MIXED USE DISTRICT ZONING CONTROL TABLE Zoning Category §References * * * * * * * * Rincon Hill Downtown Residential Mixed Use District Zoning Controls * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 55 Non-Residential Standards and Uses * * * * * * * * * * * * * * * * . 26 All Non-Residential Uses Permitted, except as described below . § 825(c)(1 )(A) * * * * * * * * * * * * * * * * .35 Massage §§. 890.60102, 204, P on the 1st floor, C # Establishment 303(n), 803, on the 2nd floor, and Art. 29 Health Code NP on 3rd -floor and above, except P on #te 2nd floor and above all floors jf wi#=H-n-accessory to a Hotel"==Bf--Personal Service or Health Service~ * * * * * * * * * * * * * * * * SPECIFIC PROVISIONS FOR RINCON HILL DOWNTOWN RESIDENTIAL MIXED USE Section § 827.35 §§. 890.60102, 204, 303(n), 803, Art. 29 Health Code Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Zoning Controls MASSAGE ESTABLISHMENT Controls: Massage Establishments on the 2nd .-floor shall generally be subject to Conditional Use authorization. Certain exceptions to the Conditional Use requirement for massage are Page 56 * * * * * * * * described in Section 303(n). When considering an application for a conditional use permit pursuant to this subsection, the Planning Commission shall consider, in addition to the criteria listed in Section 303(c), the criteria described in Section 303(n) and 890.60(b). * * * * SEC. 829. SOUTH BEACH DOWNTOWN RESIDENTIAL MIXED USE DISTRICT (SB-DTR). * * * * Table 829 SOUTH BEACH DOWNTOWN RESIDENTIAL_MIXED USE DISTRICT ZONING CONTROL TABLE * * * * No. Zoning Category § References South Beach Downtown Residential Mixed Use District Zoning Controls * * * * * * * * * * * * * * * * Non-Residential Standards and Uses * * * * * * * * * * * * * * * * .26 All Non-Residential Uses Permitted, except as described below, § 825(c)(1 )(A) * * * * * * Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS * * * * * * * * * * Page 57 .35 Massage §§ 890.60102, 204, P on the 1st floor, C # Establishment 303(n), 803, on the 2nd floor, and Art. 29 Health Code NP on 3rd floor and above, except P on #J.e 2nd floor and aboveall floorsjf wRR-iftaccessory to a Hotel±=GF--Personal Service or Health Service. * * * * * * * * * * * * * * * * SPECIFIC PROVISIONS FOR SOUTH BEACH DOWNTOWN RESIDENTIAL DISTRICT Section Zoning Controls § 829.35 MASSAGE §§ 890. 60102, 204, 303(n), ESTABLISHMENT 803, Controls: Massage Art. 29 Health Code Establishments on the 2nd -floor shall generally be subject to Conditional Use authorization. Certain exceptions to the Conditional Use requirement for massage are described in Section 303(n). When Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 58 * * * * * * * * SEC. 840. MUG - MIXED USE-GENERAL DISTRICT. considering an application for a conditional use permit pursuant to this subsection, the Planning Commission shall consider, in addition to the criteria listed in Section 303(c), the criteria described in Section 303(n) and 890.60(b). * * * * The Mixed Use-General (MUG) District is largely comprised of the low-scale, production, distribution, and repair (PDR) uses mixed with housing and small-scale retail. The MUG is designed to maintain and facilitate the growth and expansion of small-scale light manufacturing, wholesale distribution, arts production and performance/exhibition activities, general commercial and neighborhood-serving retail and personal service activities while protecting existing housing and encouraging the development of housing at a scale and density compatible with the existing neighborhood. Housing is encouraged over ground floor commercial and PDR uses. New residential or mixed use developments are encouraged to provide as much mixed-income family housing as possible. Existing group housing and dwelling units would be protected from demolition or conversion to nonresidential use by requiring conditional use review. Accessory Dwelling Units are permitted within the district pursuant to subsection 207(c)(4) of this Code. Nighttime entertainment, movie theaters, adult entertainment and heavy manufacturing Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 59 uses are not permitted. Office is restricted to the upper floors of multiple story buildings. Table 840 MUG - MIXED USE-GENERAL DISTRICT ZONING CONTROL TABLE i No. Zoning Category *** **** * Retail Sales and Services *** **** * 840.52A Massage Establishment Office *** **** * 840.65A Services, Professional; Services Financial; Services A1edicalHealth * * * * § References * * * * * * * * §§ 102, 204, 303(n), * * * * §§ 890.108, 890.110, 890.114 SEC. 841. MUR - MIXED USE-RESIDENTIAL DISTRICT. * * * * Table 841 I Mixed Use-General District ~ Controls I * * * * * * * * P on 1st floor, C on 2nd flomr, and NP on 3rd floor and above, except P on all floorb if accessory to a Hotel, I I Personal Service or Health I Service. i I * * * * Subject to vertical control of Sec. 803.9(f). Pon the gro~nd floor when primarily open tq> the general public on a clieht- oriented basis. I MUR - MIXED USE-RESIDENTIAL DISTRICT ZONING CONTROL TABLE * * * * Supervisors Mandelman, Ronen, Preston BOARD OF SUPERVISORS Page 60 No. Zoning Category § References Mixed Use- Residential District Controls * * * * * * * * * * * * * * * * Assembly, Recreation, Arts and Entertainment * * * * * * * * * * * * * * * * 841.59 Massage §§_ 890.60102, 204, NFP on 1st floor, Con Establishment 303(n), 803 2nd floor, and NP on 3rd il_oor and above, except Pon 2nd floor and above all floors i[wftA-i.Raccessory to a Hotel_,_Bf--Personal Service or Health Service. * * * * * * * * * * * * * * * * SEC. 848. CMUO - CENTRAL SOMA MIXED-USE OFFICE DISTRICT. * * * * Table 848 CMUO - CENTRAL SOMA MIXED USE-OFFICE DISTRICT ZONING CONTROL TABLE Central SoMa Mixed Use-Office District Controls Zoning Category I §References * * * * NON-RESIDENTIAL STANDARDS & USES * * * * I * * Sales and Service Use Category Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS * * I I * * * * Controls Page 61 Retail Sales and Service Uses* * * * * Massage Establishment * * * * * Not Listed Below § 102 P(1) * * * * * * * * §§ 102,__204, 303(n), 803 NF-P on 1st floor, C on 2nd floor, and NP on 3rd floor and above, except Pon 2nd floor and aboveall floors_lf wftt:H-n.accessory to a Hotel_,_Bf Personal Service or Health Service~ * * * * * * * * (1) P up to 25,000 gross sq. ft. per lot; above 25,000 gross sq. ft. per lot permitted only if the ratio of other permitted uses to retail is at least 3:1. * * * * SEC. 890.28. DESIGN PROFESSIONAL. An office use which provides professional design services to the general public or to other businesses and includes architectural, landscape architectural, engineering, interior design and industrial design services. It does not include (1) the design services of graphic artists or other visual artists which are included in the definition of arts activities described in Section 102.2 of this Code; (2) the services of advertising agencies or other services which are included in the definition of professional service activities described in Section 890.108 of this Code or administrative services, financial services or medicalhealth service activities as identified in Sections 890.106, 890.110 or 890.114 of this Code. Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 62 SEC. 890.60. MASSAGE ESTABLISHMENT. (a) Definition. Massage Establishments are defined by Section 29.5 of the Health Code. For purposes of the Planning Code only, "Massage Establishment" shall include be#t a "Massage Establishment" arul:but not a "Sole Practitioner Massage Establishment," as these terms are defined in Section 29.5 of the Health Code. Any Massage Establishment shall have first obtained a permit from the Department of Public Health pursuant to Section 29.25 of the Health Code, or a letter from the Director of the Department of Public Health certifying that the establishment is exempt from such a permit under Section 29.25. 1 O (b) Controls. Massage Establishments shall be subject to Conditional Use authorization. Certain exceptions to the Conditional Use for accessory use massage are described in subsection (c) below. When considering an application for a conditional use permit pursuant to this subsection, the Planning Commission shall consider, in addition to the criteria listed in Section 303(c), the additional criteria described in Section 303(n). (c) Exceptions. Certain exceptions would allow a massage use to be "permitted" without a Conditional Use authorization including: ( 1) Certain Accessory Use Massage and provided that the massage use is accessory to a principal use; the massage use is accessed by the principal use; and the principal use is: (A) a dwelling unit and the massage use conforms to the requirements of Section 204.1, for accessory uses for dwelling units in R or NC districts; or (B) a tourist hotel as defined in Section 790.46 of this Code, that contains 100 or more rooms, (C) a large institution as defined in Section 790.50 of this Code; or (D) a hospital or medical center, as defined in Section 790.44 of this Code. Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 63 (2) Chair Massage. The only massage service provided is chair massage, such service is visible to the public, and customers are fully-clothed at all times. (3) Sole Practitioner Massage Establishments, as defined in Section 29.5 of the Health Code. SEC. 890.114. SERVICE, AfEDICALHEALTH. A use, generally an office use, which provides medical and allied health services to the individual by physicians, surgeons, dentists, podiatrists, psychologists, psychiatrists, acupuncturists, chiropractors, Sole Massage Practitioners, or any other health-care professionals when licensed by a State-sanctioned Board overseeing the provision of medically oriented services. It includes a clinic, primarily providing outpatient care in medical, psychiatric or other health services, and not part of a hospital or medical center, as defined in Section 890.44 of this Code. 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. (a) 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 Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 64 ordinance. However, this general statement in this subsection (a) is qualified by subsections (b) and (c) below. (b) This ordinance includes certain amendments that were previously approved in Ordinance No. 233-21, with an effective date of January 22, 2022. Except as stated in subsection (c), the Board intends for the amendments in Ordinance No. 233-21 to remain in effect. Except as stated in subsection (c), this Ordinance does not in any way alter Ordinance No. 233-21. (c) Notwithstanding subsection (b), this ordinance does amend Section 711 of the Planning Code as it was amended by Ordinance No. 233-21, to the following extent: in Table 1 O 711, in the "Controls by Story" column, 1st Story, the designation "C(13)" is replaced by the designation "P(9)." APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney By: /s/ Victoria Wong VICTORIA WONG Deputy City Attorney n:\legana\as2021 \2000612\01585856.docx Supervisors Mandelman; Ronen, Preston BOARD OF SUPERVISORS Page 65 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 211263 Date Passed: March 08, 2022 Ordinance amending the Planning Code to revise Massage Establishment zoning controls to regulate Massage Establishments generally consistent with regulation of Health Services, with some exceptions, including to make Massage Establishments principally permitted if accessory to a Health Service; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and public necessity, convenience, and general welfare findings pursuant to Planning Code, Section 302. December 06, 2021 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE December 06, 2021 Land Use and Transportation Committee - CONTINUED TO CALL OF THE CHAIR AS AMENDED February 07, 2022 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE February 07, 2022 Land Use and Transportation Committee - CONTINUED AS AMENDED February 14, 2022 Land Use and Transportation Committee - DUPLICATED February 14, 2022 Land Use and Transportation Committee - RECOMMENDED March 01, 2022 Board of Supervisors - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton March 01, 2022 Board of Supervisors - PASSED ON FIRST READING AS AMENDED Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton March 08, 2022 Board of Supervisors - FINALLY PASSED City and County of San Francisco Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton Page 1 Printed at 9: 13 am on 319122 File No. 211263 London. N. Breed Mayor City and Coun(l' of San Francisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 3/8/2022 by the Board of Supervisors of the City and County of San Francisco. /Angela Calvillo t Clerk of the Board Date Approved Printed at 9:13 am 011 319122