o0075-22

AMENDED IN COMMITTEE FILE NO. 220264 4/18/2022 ORDINANCE NO. 75-22 [Planning Code - Adult Sex Venues] Ordinance amending the Planning Code to define Adult Sex Venue and principally permit, conditionally permit, or prohibit Adult Sex Venues in Commercial; Residential- Commercial; Production, Distribution and Repair (PDR); Neighborhood Commercial; Neighborhood Commercial Transit; and Mixed Use Districts; to prohibit Adult Sex Venues as an accessory use: to prohibit Adult Businesses in the Chinatown Community Business District; 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 findings of public necessity, convenience, and welfare under 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 I'leri' 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. Environmental and Land Use 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. 220264 and is incorporated herein by reference. The Board affirms this determination. Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS I Page 1 i (b) On April 7, 2022, the Planning Commission, in Resolution No. 21097, 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. 220264, 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. 21097, and incorporates such reasons by this reference thereto. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 220264. Section 2. General Background and Findings. (a) In the early 1980s, there were many business establishments in the City where men met other men for sex. These businesses included bookstores with video booths, movie theaters, and bath houses, and provided some of the only community spaces where queer people, could gather and meet. (b) In 1984, at the height of the AIDS epidemic, the City filed a lawsuit against the operators of several such businesses, citing the businesses as a public health nuisance. The court concluded that these businesses presented a public health risk, and issued an order allowing the businesses to remain open on the condition that they employ monitors to prevent unsafe sex from occurring, and provide education to the patrons. To facilitate the monitoring of the venues, the court further ordered that the doors to individual video cubicles, booths, or rooms be modified by removing the bottom 24-39 inches of such doors. Although the bathhouses could have legally remained open under the rules established by the court, most of them closed. In 1989, the City dismissed the lawsuit against the majority of defendants, and Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 2 the court order requiring the use of monitors and modified doors was vacated as to those defendants. (c) In 1997, the Department of Public Health adopted minimum standards governing the operation of commercial sex clubs and parties. These minimum standards were intended to make commercial sex clubs and parties safe, and were developed in consultation with the Coalition for Healthy Sex. The minimum standards that were developed in 1997, much like the court order that preceded them, required that all areas of commercial sex clubs and parties be monitored on a regular basis by staff, and prohibited commercial sex clubs and parties from having booths, cubicles, or rooms to which patrons have access that may be locked. (d) Advances in biomedical prevention strategies have provided tools to reduce the likelihood of HIV transmission and acquisition and reduce the adverse health impacts of HIV. These tools include the availability of PrEP (preexposure prophylaxis) to prevent HIV infection, rapid access to antiretroviral therapy for people newly diagnosed with HIV, and successful efforts to increase viral suppression among people living with HIV in San Francisco through strategies and programs that increase retention in care and treatment. According to the Department of Public Health, in 2018 the number of new AIDS diagnoses in San Francisco dropped to 197, marking a 58% decrease as compared to the number of new AIDS diagnoses in 2011. (e) There is virtually no evidence showing that the monitoring of patrons at commercial venues that allow people to engage in sexual activity results in safer sex. Indeed, some researchers have concluded that monitoring has little or no effect on high-risk behaviors. (f) A number of businesses in the City cater to consenting adults who wish to meet and engage in sexual activities on the premises of the business, or to watch other patrons doing so, under circumstances that do not involve the violation of any law regulating sexual Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page conduct. These businesses-adult sex venues-can be an important place for preventing the transmission of communicable diseases by educating patrons about ways to prevent the transmission of disease, and by establishing community norms that promote safe sex. When properly operated, adult sex venues assist, rather than impede, the City's efforts to control the transmission of HIV, as well as other sexually transmitted diseases. (g) On July 31, 2020, the Mayor signed Ordinance No. 127-20, which amended the Health Code to require the Director of Health to adopt minimum health and safety standards governing the operation of commercial adult sex venues. Ordinance No. 127-20 also prohibits the Director from adopting standards that require monitoring of patrons' sexual activities, that 1 O regulate doors, or that mandate unlocked doors in areas where sexual activity may occur. (h) Ordinance No. 127-20 established a definition in Article 47 of the Health Code of an "Adult Sex Venue" to mean "any Commercial Establishment that is operated in a manner that encourages patrons to engage in, or to watch other patrons engaging in, Sexual Activities on the premises, or that as a regular part of its operations permits patrons to engage in Sexual Activities on the premises or to watch other patrons doing so." (i) On January 26, 2021, the Director of Health published Minimum Standards for Operation of Sex Clubs, Commercial Sex Venues and Parties in accordance with Ordinance No. 127-20. These Minimum Standards currently regulate the operations of Adult Sex Venues. Operation of Massage Businesses or Public Bath Houses are separately regulated under Health Code Article 29 and Police Code Article 26, respectively. None of the provisions of Health Code Articles 29 and 47 or Police Code Article 26 precludes such uses from being operated in tandem with an Adult Sex Venue use. (k) In December 2020, the Zoning Administrator determined that businesses operating as an Adult Sex Venue pursuant to Health Code Article 47 are considered a type of Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 4 Adult Business use for the purposes of the Planning Code. Adult Business is a type of Retail Sales and Service use that includes an "adult bookstore," "adult video store," "adult theater," or "encounter studio" and is generally not permitted or conditionally permitted throughout the City, and is principally permitted in only certain areas. Adult Business uses are generally not permitted or only conditionally permitted in areas of the City with a strong historical and contemporary association with the LGBTQ community, including the Castro, Upper Market, Tenderloin, and SOMA neighborhoods. (I) To support the establishment of Adult Sex Venues in areas of the City strongly associated with the LGBTQ community, this ordinance amends the Planning Code to 1 O establish zoning controls for Adult Sex Venues that allow this use as principally permitted in select areas, particularly those overlapping with established LGBTQ cultural districts including the Castro LGBTQ Cultural District in the Castro and Upper Market neighborhoods, the Leather and LGBTQ Cultural District in SOMA, and the Transgender District in the Tenderloin. Section 3. The Planning Code is hereby amended by revising Sections 102, 202.2, 204.2, 204.3, a-AG 303, 703, 803.2, 803.3, and 825, and revising the Zoning Control Tables in Sections 209.3, 210.3, 710-745, 750-764, 810-812, 814, 827, 829, and 840-848, to read as follows: SEC. 102. DEFINITIONS. * * * * Adult Business. A Retail Sales and Service Use that includes the following: adult bookstore or adult video store, as defined by Section 791 of the Police Code; adult theater, as defined by Section 791 of the Police Code; and encounter studio, as defined by Section Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 5 1072.1 of the Police Code. Such use shall be located no less than 1,000 feet from another Adult Business use. Adult Sex Venue A Retail Sales and Service Use that operates pursuant to Health Code Article 47. An Adult Sex Venue may include bathhouse facilities such as pools, tubs, or steam rooms, and is eligible for a Limited Live Performance permit. * * * * Hours of Operation. A commercial Use Characteristic limiting the permitted hours during which any commercial establishment, not including automated teller machines, may be open for business. Other restrictions on the hours of operation of Movie Theaters, Adult Businesses, Adult Sex Venues, Nighttime Entertainment, General Entertainment, and Other Entertainment Uses, as defined in Sections 102 and 890, shall apply pursuant to provisions in Section 303(p), when such uses are permitted as Conditional Uses. A Pharmacy may qualify for the exception to operate on a 24-hour basis provided in Section 202.2(a)(2) of the Code. The hours of operation ofa principally permitted Adult Sex Venue are subject to the provisions in Section 202.2(a)(8). SEC. 202.2. LOCATION AND OPERATING CONDITIONS. (a) Retail Sales and Service Uses. The Retail Sales and Service Uses listed below shall be subject to the corresponding conditions: * * * * (8) Adult Sex Venue. Notwithstanding anything to the contrary in this Code, a principallvpermitted Adult Sex Venue may operate on a 24-hour basis as a permitted use provided that the following conditions are met during any period between midnight and 6:00 a.m. in which the venue is open for business: Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 6 (A) The venue shall provide adequate lighting and security for the safety of customers, residents, and the adjoining property. Such lighting and security may not negatively impact adjacent properties,· and (B) The venue shall be adequately soundproofed or insulated {Or noise and operated so that incidental noise shall not be audible beyond the premises or in other sections o[the building and fixed-source equipment noise shall not exceed the decibel levels specified in the San Francisco Noise Control Ordinance, Police Code Article 29. * * * * SEC. 204.2. ACCESSORY USES FOR USES OTHER THAN DWELLINGS IN RESIDENTIAL DISTRICTS. No use shall be permitted as an accessory use to a use other than a dwelling in any Residential District that involves or requires any of the following: (a) The use of more than one-fourth of the total floor area occupied by such use and the principal or conditional use to which it is accessory, except in the case of accessory off- street parking and loading; (b) The use of show windows or window displays or advertising to attract customers or clients, except for an identifying sign and regulated in Article 6 of this Code; or (c) The conduct of any activity of a profit-making or commercial nature, except as an integral part of the permitted principal or conditional use where such activity is expressly permitted by the Zoning Control Table for the district; or (d) A Medical Cannabis Dispensary as defined in Section 102 of this Code. (e) An Adult Sex Venue as defined in Section 102 of this Code. II Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 7 SEC. 204.3. ACCESSORY USES FOR USES OTHER THAN DWELLINGS IN C, RC, M, AND PDR DISTRICTS. * * * * (c) C, M, and PDR District Specific Controls. An antenna or a microwave or satellite dish shall be permitted in, C, M, and PDR Districts, except PDR-1-B Districts, without regard to the height of such antenna or microwave or satellite dish and without regard to the proximity of such antenna or microwave or satellite dish to any R District, if the following requirements are met: (1) the antenna or dish will be used for the reception of indoor wireless, 1 O microwave, radio, satellite, or television broadcasts for the exclusive benefit of the residents occupants in the building on which the facility is placed; (2) the antenna or dish is an accessory use to a lawful principal or conditional use; and (3) the antenna or dish shall comply with any applicable design review criteria, including but not limited to any applicable design review criteria contained in the Wireless Telecommunications Services Facility Siting Guidelines. This subsection (c) shall not apply to an antenna or a microwave or satellite dish that complies with the Federal Communications Commission's Over the Air Receiving Device rules. (d) Prohibition of Accessory Adult Sex Venues. Adult Sex Venues as defined in Section 102 of this Code are not permitted as an accessory use. II II Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 8 SEC. 209.3. RC (RESIDENTIAL-COMMERCIAL) DISTRICTS. * * * * Table 209.3 ZONING CONTROL TABLE FOR RESIDENTIAL-COMMERCIAL DISTRICTS Zoning Category § References RC-3 RC-4 * * * * Sales and Service Category Retail Sales and Service §§ 102, 202.2(a) P(4) P(4) ~U_s_e_s_*~~~~~~-1-~~~~~~+-~~~~~~~+--~~~~~~--jJ Adult Business § 102 NP NP Adult Sex Venue § 102 NP NP{J2) * * * * * * * * {12) P within the Compton's Transgender Cultural District. on Turk Street betvveen Taylor Street and Jones Street; P on Jones Street betvveen Turk Street and Eddy Street. SEC. 210.3. PDR DISTRICTS. * * * * Table 210.3 ZONING CONTROL TABLE FOR PDR DISTRICTS * * * * Zoning Category J §References J PDR-1-B J PDR-1-D J PDR-1-G J PDR-2 Sales and Service Category Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 9 Retail Sales and Service §§ 102, 202(a) P(1) P(10) P(9) P(1) Uses* Adult Business Adult Sex Venue Animal Hospital § 102 NP NP § 102 p p p p c c c p p p * * * * * * * * SEC. 303. CONDITIONAL USES. * * * * (p) Adult Business, Adult Sex Venue, Nighttime Entertainment, General Entertainment, and Other Entertainment Uses. (1) With respect to Conditional Use authorization applications for Adult Business, Adult Sex Venue, Nighttime Entertainment, General Entertainment and Other Entertainment uses, such use or feature shall: (A) If the use is an Adult Business, it shall not be located within 1,000 feet of another such use; and/or (B) Not be open between two a.m. and six a.m; and (C) Not use electronic amplification between midnight and six a.m.; and (D) Be adequately soundproofed or insulated for noise and operated so that incidental noise shall not be audible beyond the premises or in other sections of the building and fixed-source equipment noise shall not exceed the decibel levels specified in the San Francisco Noise Control Ordinance, Police Code Article 29. (2) Notwithstanding the above, the Planning Commission may authorize a Conditional Use which does not satisfy the criteria set forth in subsections (p)(1)(B) and/or (p)(1)(C) above, Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 10 if facts presented are such to establish that the use will be operated in such a way as to minimize disruption to residences in and around the district with respect to noise and crowd control. (3) !{the proposed use is located in a Cultural District established under Administrative Code Section 107, the Planning Commission shall consider the purpose and goals established in Section 107.2 as well as any recommendations set forth in the Cultural, History, Housing, and Economic Stability Strategy report for the district if one has been adopted pursuant to Section 107. 4. U1J The action of the Planning Commission approving a Conditional Use does not take effect until the appeal period is over or while the approval is under appeal. SEC. 703. NEIGHBORHOOD COMMERCIAL DISTRICT REQUIREMENTS. * * * * (d) Accessory Uses. Subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwellings in All Districts), 204.4 (Dwelling Units Accessory to Other Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, Accessory Uses as defined in Section 102 shall be permitted when located on the same lot. Notwithstanding the foregoing, a Retail Workspace, as defined in Section 102, shall be permitted as an Accessory Use in connection with any Eating and Drinking Use regardless of the floor area occupied by such Accessory Use, so long as (1) the hours of operation for the accessory Retail Workspace use are limited to 9 a.m. to 5 p.m. and (2) such Eating and Drinking Use is also open for business to the general public on each day during which the accessory Retail Workspace use is open. Any Use that does not qualify as an Accessory Use shall be classified as a Principal or Conditional Use unless it qualifies as a temporary use under Sections 205 through 205.4 of this Code. Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 11 No Use will be considered accessory to a permitted Principal or Conditional Use that involves or requires any of the following: (1) The use of more than one-third of the total floor area occupied by such use and the Principal or Conditional use to which it is accessory, except in the case of accessory off-street parking and loading and as specified in subsection (d)(3) below as accessory wholesaling, manufacturing, or processing of foods, goods, or commodities: (2) Any Bar or Restaurant, or any other retail establishment which serves liquor for consumption on-site; however, this shall not prohibit take-out food activity which operates in conjunction with a Limited Restaurant, Restaurant, General Grocery, and Specialty Grocery. 1 O This shall also not prohibit a Limited Restaurant as an Accessory Use to a permitted Principal or Conditional Use except as specified in subsection (d)(7) below; (3) The wholesaling, manufacturing, or processing of foods, goods, or commodities on the premises of an establishment that does not also use or provide for retail sale of such foods, goods, or commodities at the same location where such wholesaling, manufacturing, or processing takes place, with the following exceptions: (A) In the North Beach Special Use District where such activities are limited to 15% of the total floor area occupied by the Principal or Conditional Use to which it is accessory unless the Principal or Conditional Use is Specialty Foods Manufacturing as defined in Section 780.3 of this Code; and (B) Notwithstanding the floor area limitation in subsection (d)(1 ), a Catering Use limited to food and beverage Catering shall be permitted as an Accessory Use to Restaurants and Limited Restaurants if the following requirements are met: (i) The Catering Use does not operate more than 75% of the total time within the Restaurant's or Limited Restaurant's Hours of Operation on any given day; and Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 12 (ii) The Catering Use does not distribute or deliver individual meals to customers directly from the subject lot, either by its own means, or through a third-party delivery service. (4) Any retail Liquor Store. (5) Medical Cannabis Dispensaries. (6) Any General Entertainment or Nighttime Entertainment use, except for one that involves a Limited Live Performance Permit as set forth in Police Code Section 1060et seq., or one that does not require a Limited Live Performance Permit as set forth in Police Code Section 1060.1 (et (7) Within the North Beach SUD and NCO, a Limited Restaurant. (8) A Health Service use as an Accessory Use in the Sacramento Street Neighborhood Commercial District requires a Conditional Use authorization on the ground story and is permitted above the ground story pursuant to Section 724 of this Code. (9) Cannabis Retail that does not meet the limitations set forth in Section 204.3(a)(3) of this Code. (10) An Adult Sex Venue as defined in Section 102 of this Code. * * * * SEC. 710. NC-1 NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT. * * * * Table 710. NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT NC-1 ZONING * * * * Zoning Category * * * * Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS CONTROL TABLE § References Controls Page 13 § References Controls by Story NON-RESIDENTIAL STANDARDS AND USES **** 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, P(3) NP NP Uses* 202.2(a), 202.3 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p p * * * * SEC. 711. NC-2 SMALL SCALE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 711. SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-2 ZONING CONTROL TABLE * * * * * * * * § References Controls by Story NON-RESIDENTIAL STANDARDS AND USES * * * * 1st 2nd 3rd+ Sales and Service Use Category Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 14 Retail Sales and Service §§ 102, p p NP Uses* 202.2(a), 202.3 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * * * * * SEC. 712. NC-3- MODERATE-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 712. MODERATE -SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-3 ZONING CONTROL TABLE * * * * § References Controls by Story NON-RESIDENTIAL STANDARDS * * * * 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, 202.2(a), p p p Uses* 202.3 Adult Business § 102 c c NP Adult Sex Venue § 102 c c NP Animal Hospital §102 p p NP Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 15 * * * * I * * * * SEC. 713. NC-S - NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT. * * * * Table 713. NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT NC-S ZONING CONTROL TABLE Non-Residential Uses References Controls by Story 1st 2nd 3rd+ 1 O Sales and Service Use Category Retail Sales and Service Uses* Adult Business Adult Sex Venue Animal Hospital §§ 102, 202.2(a), 202.3 § 102 §102 p NP p p NP NP NP p NP * * * * * * * * SEC. 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE I Supervisors Mandelrnan; Haney, Melgar BOARD OF SUPERVISORS Page 16 * * * * § References Controls Zoning Category NON-RESIDENTIAL STANDARDS AND USES References Controls by Story 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service § 102, p p NP Uses* 202.2(a), 202.3 Adult Business § 102 c c NP Adult Sex Venue § 102 c c NP Animal Hospital §102 p p NP * * * * * * * * SEC. 715. CASTRO STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 715. CASTRO STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES * * * * 1st 2nd 3rd+ Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 17 Sales and Service Use Category Retail Sales and Service §§ 102, p p NP Uses* 202.2(a), 202.3 Adult Business § 102 c NP NP Adult Sex Venue §§ 102,· p f_ p 202.2(a){8) Animal Hospital §102 p p NP * * * * * * * * SEC. 716. INNER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 716. INNER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * References NON-RESIDENTIAL STANDARDS AND USES 1st Sales and Service Use Category Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Controls by Story 2nd 3rd+ Page 18 Retail Sales and Service §§ 102, p c NP Uses* 202.2(a), 202.3 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * * * * * SEC. 717. OUTER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 717. OUTER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, 202.2(a), p NP NP Uses* 202.3 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * * * * * Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 19 SEC. 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Non-Residential Uses References Controls by Story 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service Uses §§ 102, 202.2(a), p p NP 202.3 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p p * * * * SEC. 719. HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 719. HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Non-Residential Standards References Controls by Story and Uses 1st 2nd 3rd+ Sales and Service Use Category Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 20 Retail Sales and Service § 102L p c NP Uses* 202.2(a) Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * SEC. 720. EXCELSIOR OUTER MISSION NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 720. EXCELSIOR OUTER MISSION STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Zoning Category § References I Controls NON-RESIDENTIAL STANDARDS AND USES NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service Uses §§ 102, 202.2(a) p p p Adult Business § 102 c c NP Adult Sex Venue § 102 c c NP Animal Hospital §102 p p NP * * * * Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 21 * * * * SEC. 721. JAPANTOWN NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * TABLE 721. JAPANTOWN NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service Uses §§ 102, 202.2(a) p p c Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * SEC. 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 22 Retail Sales and Service Uses §§ 102, P(10) P(10) NP 202.2(a), 202.3 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * SEC. 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service Uses §§ 102, 202.2(a), p p NP 202.3 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 23 SEC. 724. SACRAMENTO STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 724. SACRAMENTO STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, 202.2(a), p c NP Uses* 202.3 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * SEC. 725. UNION STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 725. UNION STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 24 Retail Sales and Service §§ 102, p p NP Uses* 202.2(a), 202.3 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * SEC. 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service Uses §§ 102, p c NP 202.2(a), 202.3 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 c c NP * * * * Supervisors Mandelrnan; Haney, Melgar BOARD OF SUPERVISORS Page 25 SEC. 727. LAKESIDE VILLAGE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 727. LAKESIDE VILLAGE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102.2 p NP NP Uses* 202.2(a), 202.3 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * SEC. 728. 24TH STREET- NOE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 728. 24TH STREET - NOE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st I 2nd 3rd+ Sales and Service Use Category Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 26 Retail Sales and Service Uses §§ 102, 202.2(a), p c NP 202.3 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * SEC. 729. WEST PORTAL AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 729. WEST PORTAL NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, p p NP Uses* 202.2(a), 202.3 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 27 SEC. 730. INNER SUNSET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 730. INNER SUNSET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, 202.2(a) p c NP Uses* Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * SEC. 731. NORIEGA STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 731. NORIEGA STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 28 Retail Sales and Service §§ 102, p p NP Uses* 202.2(a), 202.5 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * SEC. 732. IRVING STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 732. IRVING STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service Uses §§ 102, 202.2(a) p p NP Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p p * * * * Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 29 SEC. 733. TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 733. TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service Uses §§ 102, 202.2(a) p p NP Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * SEC. 734. JUDAH STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 734. JUDAH STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, p p NP Uses* 202.2(a), 202.3 Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 30 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * SEC. 735. INNER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 735. INNER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service Uses §§ 102, 202.2(a) p p NP Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * SEC. 736. OUTER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 736. OUTER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 31 NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service Uses § 102 p p NP Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * SEC. 737. BAYVIEW NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 737. BAYVIEW NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, 202.3, p p p Uses* 202.3 Adult Business § 102 c c NP Adult Sex Venue § 102 c c NP Animal Hospital §102 p p NP * * * * Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 32 SEC. 738. CORTLAND AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 738. CORTLAND AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, p p NP Uses* 202.2(a), 202.3 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * SEC. 739. GEARY BOULEVARD NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 739. GEARY BOULEVARD NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 33 Retail Sales and Service §§ 102, p p p Uses* 202.3(a), 202.3 Adult Business § 102 c c NP Adult Sex Venue § 102 c c NP Animal Hospital §102 p p NP * * * * SEC. 740. MISSION BERNAL NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 740. MISSION BERNAL NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, p p p Uses* 202.2(a), 202.3 Adult Business § 102 c c NP Adult Sex Venue § 102 c c NP Animal Hospital §102 p p NP * * * * Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 34 SEC. 741. SAN BRUNO AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 741. SAN BRUNO AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, p p NP Uses* 202.2(a), 202.3 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * SEC. 742. COLE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 742. COLE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Supervisors Mandelrnan; Haney, Melgar BOARD OF SUPERVISORS Page 35 Retail Sales and Service §§ 102, p NP NP Uses* 202.2(a), 202.3 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 c c NP * * * * SEC. 743. LOWER HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 743. LOWER HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, p p NP Uses* 202.2(a), 202.3 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 36 SEC. 744. LOWER POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 7 44. LOWER POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, p p p Uses* 202.J2(a), 202.3 Adult Business § 102 c c NP Adult Sex Venue § 102 c c NP Animal Hospital §102 p p NP * * * * SEC. 745. INNER TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 745. INNER TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 37 Retail Sales and Service §§ 102, p p NP Uses* 202.2(a), 202.3 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * SEC. 750. NCT-1 - NEIGHBORHOOD COMMERCIAL TRANSIT CLUSTER DISTRICT. * * * * Table 750. NCT-1 - NEIGHBORHOOD COMMERCIAL TRANSIT CLUSTER DISTRICT NCT-1 ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, P(4) NP NP Uses* 202.2(a), 202.3 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 c c NP * * * * Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 38 SEC. 751. NCT-2 - SMALL SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 751. NCT-2 - SMALL SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT NCT-2 ZONING CONTROL TABLE NON-RESIDENTIAL STANDARDS AND USES Sales and Service Use Category Retail Sales and Service Uses* Adult Business Adult Sex Venue Animal Hospital * * * * References §§ 102, 202.2(a), 202.3 § 102 § 102 §102 Controls by Story 1st 2nd 3rd+ p p NP NP NP NP NP NP NP p p NP SEC. 752. NCT-3 - MODERATE-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 752. NCT-3 - MODERATE-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT NCT-3 ZONING CONTROL TABLE NON-RESIDENTIAL STANDARDS AND USES Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS References 1st Controls by Story 2nd 3rd+ Page 39 Sales and Service Use Category Retail Sales and Service §§ 102, p p p Uses* 202.2(a), 202.3 Adult Business § 102 c c NP Adult Sex Venue § 102 C(8) C(8) NP(8) Animal Hospital §102 p p NP * * * * * * * * @l!_Jor parcels with frontage on Market Street, Howard Street South Van Ness Avenue, or Mission Street. from Octavia Street to Church Street ; P in the portion of the district bounded by Mission Street, Lafayette Street, Hmvard Street, and 13th Street. SEC. 753. SOMA NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 753. SOMA NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, p p NP Uses* 202.2(a), 202.3 Adult Business § 102 NP NP NP Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 40 Adult Sex Venue § 102 c c c Animal Hospital §102 c NP NP * * * * SEC. 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, p p p Uses* 202.2(a), 202.3 Adult Business § 102 c c NP Adult Sex Venue § 102 c c NP Animal Hospital §102 c c NP * * * * SEC. 755. OCEAN AVENUE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 755. OCEAN AVENUE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 41 NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, p p NP Uses* 202.2(a), 202.3 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * SEC. 756. GLEN PARK NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 756. GLEN PARK NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, p p NP Uses* 202.2(a), 202.3 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 42 SEC. 757. FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 757. FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, p p NP Uses* 202.2(a), 202.3 Adult Business § 102 NP NP NP Adult Sex Venue §§ 102,· E p p 202.2ca2C82 Animal Hospital §§ 102, P(4) p NP 823( c )(9)(8) * * * * SEC. 758. REGIONAL COMMERCIAL DISTRICT. * * * * Table 758. REGIONAL COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL STANDARDS AND USES ' Supervisors Mandelrnan, Haney, Melgar BOARD OF SUPERVISORS References I Controls by Story Page 431 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, 202.2(a), p p NP Uses* 202.3 Adult Business § 102 NP NP NP Adult Sex Venue §§' 102; E p E 202.2ca2C82 Animal Hospital §§ 102, P(8) p NP 823(c)(9)(B) * * * * SEC. 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, p p NP Uses* 202.2(a), 202.3 Adult Business § 102 NP NP NP Adult Sex Venue §' 102 NP NP NP Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 44 I Animal Hospital * * * * I §102 Ip Ip I NP I SEC. 760. FILLMORE STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 760. FILLMORE STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, p p p Uses* 202.2(a), 202.3 Adult Business § 102 c c NP Adult Sex Venue § 102 c c NP Animal Hospital §102 p p NP * * * * SEC. 761. HAYES-GOUGH NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 761. HA YES-GOUGH NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story I STANDARDS AND USES Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 45 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, p p NP Uses* 202.2(a), 202.3 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * SEC. 762. VALENCIA STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 762. VALENCIA STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, p c NP Uses* 202.2(a), 202.3 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 p p NP * * * * Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 46 SEC. 763. 24TH STREET-MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 763. 24TH STREET - MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE NON-RESIDENTIAL References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, p NP NP Uses* 202.2(a), 202.3 Adult Business § 102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital §102 c NP NP * * * * SEC. 764. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 764. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE Zoning Category J § References NON-RESIDENTIAL STANDARDS Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS I Controls Page 47 NON-RESIDENTIAL § References Controls by Story STANDARDS AND USES 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §102; 202.2(a), p p NP Use* 202.3 Adult Business §102 NP NP NP Adult Sex Venue §102 p p f_ Animal Hospital §102 p p NP * * * * * * * * SEC. 803.2. USES PERMITTED IN CHINATOWN MIXED USE DISTRICTS. * * * * (d) Accessory Uses. Subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwelling Units in All Districts), 204.4 (Dwelling Units Accessory to Other Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, an Accessory Use as defined in Section 102, shall be permitted in Chinatown Mixed Use Districts when located on the same lot. Any Use not qualified as an Accessory Use shall only be allowed as a Principal or Conditional Use, unless it qualifies as a temporary use under Sections 205 through 205.4 of this Code. No use in a Chinatown Mixed Use District will be considered accessory to a Principal Use which involves or requires any of the following: Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 48 (1) The use of more than one-third of the total floor area occupied by both the Accessory Use and the Principal Use to which it is accessory, combined, except in the case of accessory off-street parking; (2) Any Bar or Restaurant, or any other retail establishment which serves liquor for consumption on-site; (3) Any take-out food use, except for a take-out food use which occupies 100 square feet or less (including the area devoted to food preparation and service and excluding storage and waiting areas) in a retail grocery or specialty food store; (4) The wholesaling, manufacturing or processing of foods, goods, or commodities on the premises of an establishment which does not also provide for primarily retail sale of such foods, goods or commodities at the same location where such wholesaling, manufacturing or processing takes place; however, Catering Uses that satisfy the limitations set forth in Section 703(d)(3)(B) shall be permitted as an Accessory Use to Limited Restaurants. (5) Medical Cannabis Dispensaries. (6) Any General Entertainment use, except for one that involves a Limited Live Performance Permit as set forth in Police Code Section 1060et seq., or one that does not require a Limited Live Performance Permit as set forth in Police Code Section 1060.1 (e). (7) Cannabis Retail. (8) An Adult Sex Venue as defined in Section 102 of this Code. No part of this subsection (d) shall prohibit take-out food activity which operates in conjunction with a Restaurant or Limited Restaurant, which includes takeout food as an accessory and necessary part of its operation. * * * * Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 49 SEC. 803.3. USES PERMITTED IN EASTERN NEIGHBORHOODS MIXED USE DISTRICTS. * * * * (b) Use Limitations. Uses in Eastern Neighborhood Mixed Use Districts are either Principally Permitted, Conditional, Accessory, temporary, or are not permitted. (1) Permitted Uses. If there are two or more uses in a structure, any use not classified below under Section 803.3(b)(1)(C) of this Code as Accessory will be considered separately as an independent permitted, Conditional, temporary or not permitted use. (A) Principal Uses. Principal Uses are permitted as of right in an Eastern Neighborhood Mixed Use District, when so indicated in Sections 813 through 814 and 840 through 848 of this Code for the district. Additional requirements and conditions may be placed on particular uses as provided pursuant to Section 803.5 through 803.9 and other applicable provisions of this Code. (B) Conditional Uses. Conditional uses are permitted in an Eastern Neighborhood Mixed Use District, when authorized by the Planning Commission; whether a use is conditional in a given district is generally indicated in Sections 813 through 814 and 840 through 848 of this Code. Conditional Uses are subject to the applicable provisions set forth in Sections 178, 179, 303, and 803.5 through 803.9 of this Code. (i) An establishment which sells beer or wine with motor vehicle fuel is a conditional use, and shall be governed by Sections 202(b)(1).1 (ii) Notwithstanding any other provision of this Article, a change in use or demolition of a Movie Theater use, as set forth in Section 890.64, shall require Conditional Use authorization. This Section shall not authorize a change in use if the new use or uses are otherwise prohibited. Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 50 (iii) Notwithstanding any other provision of this Article, a change in use or demolition of a General Grocery use, as set forth in Section 890.102(a) and as further defined in Section 102, shall require Conditional Use authorization. This subsection (b)(1)(B)(iii) shall not authorize a change in use if the new use or uses are otherwise prohibited. (iv) Large-Scale Urban Agriculture, as defined in Section 102, shall require Conditional Use authorization. (C) Accessory Uses. Subject to the limitations set forth below and in Sections 204.1 (Accessory Uses for Dwelling Units in All Districts), 204.4 (Dwelling Units Accessory to 1 O Other Uses), and 204.5 (Parking and Loading as Accessory Uses) of this Code, an Accessory Use is a related minor use which is either necessary to the operation or enjoyment of a lawful Principal Use or Conditional Use, or is appropriate, incidental, and subordinate to any such use, and shall be permitted as an Accessory Use in an Eastern Neighborhoods Mixed Use District. In order to accommodate a Principal Use which is carried out by one business in multiple locations within the same general area, such Accessory Use need not be located in the same structure or lot as its Principal Use provided that (1) the Accessory Use is located within 1 ,000 feet of the Principal Use; and (2) the multiple locations existed on April 6, 1990. Accessory Uses to non-office uses (as defined in Section 890.70) may occupy space which is noncontiguous or on a different Story as the Principal Use so long as the Accessory Use is located in the same building as the Principal Use and complies with all other restrictions applicable to such Accessory Uses. Any use which does not qualify as an Accessory Use shall be classified as a Principal Use. No use will be considered accessory to a Principal Use which involves or requires any of the following: Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 51 (i) The use of more than one-third of the total Occupied Floor Area which is occupied by both the accessory use and principal use to which it is accessory, combined, except in the case of accessory off-street parking or loading which shall be subject to the provisions of Sections 151, 156 and 303 of this Code; (ii) A Hotel, Motel, inn, hostel, Adult Entertainment, Massage Establishment, or Movie Theater use in a RED, RED-MX, SPD, DTR, MUG, WMUG, MUR, MUO, CMUO, WMUO, SALi or UMU District; (iii) Any sign not conforming to the limitations of Section 607.2(f)(3). (iv) Medical Cannabis Dispensaries as defined in 890.133. (v) Any Nighttime Entertainment use, as defined in Section 102; provided, however, that a Limited Live Performance Permit as set forth in Police Code Section 1060et seq., and entertainment that does not require a Limited Live Performance permit as set forth in Police Code Section 1060.1 (e), is allowed in any District except for an RED, RED- MX, MUR, or MUG District. (vi) Cannabis Retail that does not meet the limitations set forth in Section 204.3(a)(3). (vii) Catering Uses that do not meet the limitations set forth in Section 703(d)(3)(8). (viii) An Adult Sex Venue as defined in Section 102 of this Code. (D) Temporary Uses. Temporary uses not otherwise permitted are permitted in Eastern Neighborhoods Mixed Use Districts to the extent authorized by Sections 205 through 205.3 of this Code. II II Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 52 SEC. 810. CHINATOWN COMMUNITY BUSINESS DISTRICT. * * * * TABLE 810 CHINATOWN COMMUNITY BUSINESS DISTRICT ZONING CONTROL TABLE Zoning Category §Reference Controls s NON-RESIDENTIAL USES Controls by story 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, p p p Uses* 202.2(a), 202.3 Adult Business ~ NP NP NP Adult Sex Venue § 102 NP NP NP Bar § 102 c c c * * * * SEC. 811. CHINATOWN VISITOR RETAIL DISTRICT. * * * * TABLE811 CHINATOWN VISITOR RETAIL DISTRICT ZONING CONTROL TABLE Zoning Category § References Controls NON-RESIDENTIAL USES Controls by story Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 53 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, p p NP Uses* 202.2(a), 202.3 Adult Business §102 NP NP NP Adult Sex Venue § 102 NP NP NP Animal Hospital § 102 NP NP NP * * * * SEC. 812. CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * TABLE 812 CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Zoning Category §Reference Controls s NON-RESIDENTIAL USES Controls by story 1st 2nd 3rd+ Sales and Service Use Category Retail Sales and Service §§ 102, p NP NP Uses* 202.2(a), 202.3 Adult Sex Venue § 102 NP NP NP Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 54 I Adult Business * * * * SEC. 814. SPD - SOUTH PARK DISTRICT. * * * * TABLE 814 SPD-SOUTH PARK DISTRICT ZONING CONTROL TABLE No. Zoning Category § References South Park District Controls Retail Sale and Service * * * * 814.34 814.35 Cannabis Retail §§202.2(a),890.125 Cup to 5,000 sf per lot Adult Sex Venue NP * * * * SEC. 825. DTR - DOWNTOWN RESIDENTIAL DISTRICTS. * * * * (c) Use. A use is the specified purpose for which a property or building is used, occupied, maintained, or leased. Uses in Downtown Residential Districts are either permitted, conditional, accessory, temporary or are not permitted. If there are two or more uses in a structure, any use not classified in Section 825(c)(1 )(C) below as accessory will be considered separately as an independent permitted, conditional, temporary or not permitted use. (1) Permitted Uses. (A) Principal Uses. All uses are permitted as Principal Uses as of right in a Downtown Residential district unless otherwise indicated as a Conditional Use or Not Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 55 Permitted in this Section 825 of this Code or any other Section governing an individual DTR District. Additional requirements and conditions may be placed on particular uses as provided pursuant to Section 803.5 and other applicable provisions of this Code. (B) Conditional Uses. Conditional uses are permitted in a Downtown Residential District, when authorized by the Planning Commission; whether a use is conditional in a given district is indicated in the Section of this Code governing the individual DTR District. Conditional Uses are subject to the applicable provisions set forth in Sections 178, 179, 303, and 803.5 of this Code. (i) Notwithstanding any other provision of this Article, a change in 1 O use or demolition of a movie theater use, as set forth in Section 890.64, shall require conditional use authorization. This Section shall not authorize a change in use if the new use or uses are otherwise prohibited. (C) Accessory Uses. Subject to the limitations set forth below, in Section 151.1, and elsewhere in this Code, an accessory use is a related minor use which is either necessary to the operation or enjoyment of a lawful principal use or Conditional Use, or is appropriate, incidental and subordinate to any such use, and shall be permitted as an accessory use in a Downtown Residential District. In order to accommodate a principal use which is carried out by one business in multiple locations within the same general area, such accessory use need not be located in the same structure or lot as its principal use provided that (1) the accessory use is located within 1,000 feet of the principal use; (2) the multiple locations existed on the effective date of this amendment; and (3) the existence of the multiple locations is acknowledged in writing by the Zoning Administrator within 60 days after the effective date of this amendment. Any use, which does not qualify as an accessory use, shall be classified as a principal use. No use will be considered accessory to a principal use, which involves or requires any of the following: Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 56 (i) The use of more than one-third of the total occupied floor area which is occupied by both the accessory use and principal use to which it is accessory, combined, except in the case of accessory off-street parking or loading which shall be subject to the provisions of Sections 151.1, 156 and 303 of this Code; (ii) Nighttime entertainment, massage establishment, Adult Sex Venue, or movie theater; (iii) Any sign not conforming to the limitations of Section 607.2(f)(3). * * * * SEC. 827. RINCON HILL DOWNTOWN RESIDENTIAL MIXED USE DISTRICT (RH-DTR). * * * * TABLE 827 RINCON HILL DOWNTOWN RESIDENTIAL MIXED USE DISTRICT ZONING CONTROL TABLE No. Zoning Category § References Rincon Hill Downtown Residential Mixed Use District Zoning Controls Non-Residential Standards and Uses * * * * .45b .45c * * * * Child Care Facility §102 Adult Sex Venue § 102 Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS p NP Page 57 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 * * * * .45a Child Care Facility §102 p .45b Adult Sex Venue § 102 NP * * * * SEC. 840. MUG - MIXED USE-GENERAL DISTRICT. * * * * Table 840 MUG - MIXED USE-GENERAL DISTRICT ZONING CONTROL TABLE No. Zoning Category § References Mixed-Use General District Controls Retail Sales and Services * * * * 840.52 Cannabis Retail §§202.2(a),890.125 C. Subject to size controls in Section 840.45 840.53 Adult Sex Venue § 102 P. Subject to size controls in Section 840. 45. NP outside o[_the Central Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 58 I I : I SoMA SUD and the East SoMA Plan I Area. SEC. 841. MUR- MIXED USE-RESIDENTIAL DISTRICT. * * * * Table 841 MUR - MIXED USE-RESIDENTIAL DISTRICT ZONING CONTROL TABLE No. Zoning Category § References Mixed-Use Residential District Controls Retail Sales and Services * * * * 841.52 Cannabis Retail §§ 102, C in the Central SoMa SUD P 202.2(a), elsewhere 890.125 841.53 Adult Sex Venue § 102 C NP outside ofthe Central SoMA SUD and the East SoMa Plan Area. SEC. 842. MUO - MIXED USE-OFFICE DISTRICT. * * * * Table 842 MUO - MIXED USE-OFFICE DISTRICT ZONING CONTROL TABLE No. Zoning Category § References Mixed-Use Office District Controls Retail Sales and Services * * * * Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 59 842.49 Tourist Hotel §890.46 C if less than 75 rooms; C with no room limit in height districts that are 105 feet and above 842.50 Adult Sex Venue § 102 c SEC. 843. UMU - URBAN MIXED USE DISTRICT. * * * * Table 843 UMU - URBAN MIXED USE DISTRICT ZONING CONTROL TABLE No. Zoning Category § References Mixed-Use Office District Controls Retail Sales and Services * * * * 843.45 Tourist Hotel §890.46 NP 842.50 Adult Sex Venue §jfil c SEC. 844. WMUG - WSOMA MIXED USE-GENERAL DISTRICT. * * * * Table 844 WMUG - WSOMA MIXED USE-GENERAL DISTRICT ZONING CONTROL TABLE No. Zoning Category § References WSoMA Mixed-Use General District Controls Retail Sales and Services * * * * 840.52 Adult Sex Venue § 102 Pup to 25, 000 gross sq. ft. per lot; above 25, 000 gross sq. a. {!_ermitted only__ i[_the Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 60 ratio of other permitted uses to retail is at least 3:1. SEC. 845. WMUO - WSOMA MIXED USE-OFFICE DISTRICT. * * * * Table 845 WMUO - WSOMA MIXED USE-OFFICE DISTRICT ZONING CONTROL TABLE No. Zoning Category § References WSoMA Mixed-Use Office District Controls Retail Sales and Services * * * * 845.49 Tourist Hotel § 890.46 P up to 75 rooms 845.50 Adult Sex Venue § 102 p SEC. 846. SALi - SERVICE/ARTS/LIGHT INDUSTRIAL DISTRICT. * * * * Table 846 SALi - SERVICE/ARTS/LIGHT INDUSTRIAL DISTRICT ZONING CONTROL TABLE No. Zoning Category § References SALi District Controls Retail Sales and Services * * * * 846.53 Adult Sex Venue §§ 102 P up to 10, 000 gs(per lot,· Cup to 25, 000 gs[;_ NP above. Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 61 SEC. 847. RED-MX- RESIDENTIAL ENCLAVE -MIXED GENERAL DISTRICT. * * * * Table 847 RED-MX- RESIDENTIAL ENCLAVE-MIXED DISTRICT ZONING CONTROL TABLE No. Zoning Category § References Residential Enclave-Mixed Controls Retail Sales and Services * * * * 847.36 Personal Service §890.116 P up to 1,250 gsf per lot; C above; NP above 1 FAR 847.36a Adult Sex Venue § 102 Pup to 1,250 gs(per lot,· C above,· NP above 1 FAR SEC. 848. CMUO - CENTRAL SOMA MIXED-USE OFFICE DISTRICT. * * * * Table 848 CMUO - CENTRAL SOMA MIXED USE-OFFICE DISTRICT ZONING CONTROL TABLE Zoning Category § References Central SoMa Mixed Use Office District Controls Sales and Service Use Category Retail Sales and Service Uses* § 102 P(1) Adult Business § 102 NP Adult Sex Venue § 102 c Animal Hospital § 102 p Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 62 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: DAVID CHIU, City Attorney By: /s/ Audrey Pearson AUDREY WILLIAMS PEARSON Deputy City Attorney n:\legana\as2022\2100492\01595695.docx Supervisors Mandelman; Haney, Melgar BOARD OF SUPERVISORS Page 63 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 220264 Date Passed: May 03, 2022 Ordinance amending the Planning Code to define Adult Sex Venue and principally permit, conditionally permit, or prohibit Adult Sex Venues in Commercial; Residential-Commercial; Production, Distribution and Repair (PDR); Neighborhood Commercial; Neighborhood Commercial Transit; and Mixed Use Districts; to prohibit Adult Sex Venues as an accessory use; to prohibit Adult Businesses in the Chinatown Community Business District; 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 findings of public necessity, convenience, and welfare under Planning Code, Section 302. April 18, 2022 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE April 18, 2022 Land Use and Transportation Committee - CONTINUED AS AMENDED April 25, 2022 Land Use and Transportation Committee - RECOMMENDED AS COMMITTEE REPORT April 26, 2022 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton May 03, 2022 Board of Supervisors - Fl NALLY PASSED City and County of San Francisco Ayes: 9 - Chan, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani and Walton Excused: 1 - Melgar Pagel Printed at 9:20 am on 514122 File No. 220264 London N. Breed Mayor City and County of San Francisco Pagel I hereby certify that the foregoing Ordinance was FINALLY PASSED on 5/3/2022 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board Date Approved Printed at 9:20 am 011 514122