o0233-21

AMENDED IN COMMITTEE FILE NO. 210381 12/6/2021 ORDINANCE NO. 233-21 [Planning Code - Massage Establishment Zoning Controls] Ordinance amending the Planning Code to revise Massage Establishment zoning controls, including, among other things, to 1) add Sole Practitioner Massage Establishments to the definition of Health Services in Article~ +1 and 8 and remove it from the definition of Massage Establishments; 2) regulate Massage Establishments generally consistent with Health Services, except that 'A'here zoning for Health Services is more permissive, Massage Establishments shall require conditional use g authorization on the second floor and are not permitted on the third floor and above 1 o unless located within a Hotelwith some exceptions; 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 dwelling unit; 6) rename Medical Services to Health Services in Article 8 and make other conforming amendments; and GZ) 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 strik~through italics Times }Im+· Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough /\rial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. 1 Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 1 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. 210381 and is incorporated herein by reference. The Board affirms this determination. (b) On June 3, 2021, the Planning Commission, in Resolution No. 20926, 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. 210381, 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. 20926, 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 will not be detrimental to the health, safety, convenience or general welfare of persons Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 2 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 }lfedicalHealth Service. Design Professional in Neighborhood Commercial Districts is subject to the operating restrictions outlined in Section 202.2(i). * * * * 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 Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 3 include Beth a "Massage Establishment" £fftd 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 includesL 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 * * * * Reference for Commercial, Neighborhood Commercial, and Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Table 145.4 Reference for Mixed Use Use Districts Page4 Residential- Commercial Districts * * * * * * * * * * * * N/A 890.114 Service, M:ediealHealth * * * * * * * * * * * * * * * * 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 ~Massage Establishment is noneonforming for the reason that it is 1vithin 1, 000 feet of another sueh establishment or beeause it is no longer permitted ·within tlw distriet, diseontinuanee fer a eontinuous period of three months or ehange to a eon/arming use shall eonstitute abandonment. * * * * 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: * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 5 (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 § 102, 204 GP 7 * * * * * * * * * * * * * * * * (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 wi-tA-i-flaccessory to a Hotel or Personal Service is P. Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 6 SEC. 210.2. C-3 DISTRICTS: DOWNTOWN COMMERCIAL. * * * * Table 210.2 ZONING CONTROL TABLE FOR C-3 DISTRICTS Retail Sales §§ 102, 202.2(a) and Service Uses* * * * * * * * * * * * * * * * * * * * * * * * Massage §§ 102, 204 GP{9) GP{9) GP{9) GP{9) Establishment * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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#J:H.Raccessory to a Hotel or Personal Service is P. * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 7 SEC. 210.3. PDR DISTRICTS. * * * * Table 210.3 ZONING CONTROL TABLE FOR PDR DISTRICTS Retail Sales and Service Uses* * * * * Massage Establishment * * * * Services, Health * * * * §§ 102, 202.2(a) * * * * §§ 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-thffiaccessory to a Hotel or Personal Service SEC. 249.36. LIFE SCIENCE AND MEDICAL SPECIAL USE DISTRICT. * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 8 (c) Controls. All provisions of the Planning Code currently applicable shall continue to apply, except as otherwise provided in this Section 249.36: (1) MedicalHealth Services. Medical Health 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 •.vith 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 the applicant has obtained, and maintains in good standing, a permit for a i Afassage Establishmentfrom the Dcpartrnent of Public Health pursuant to Section 29.10 of the Health (21) Whether the use's fagade is transparent and open to the public. Permanent transparency and openness are preferable. Elements that lend openness and transparency to a fagade include: (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; Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 9 (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; (J;?_) Whether the use includes pedestrian-oriented lighting. Well lit 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: (43._) 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 (A) the Principal Use is a Dwelling Unit and the massage use conforms to the requirements ofScction 204.1, for Accessory Uses for Dwelling Units in AU Districts,· or ------+-t(B-t-t'.)-the Principal Use is a Tourist Hotel, not including a Residential Hotel; a Personal Service; that contains 100 or more rooms or an Institutional Use as defined in this Code. (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. * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 10 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. (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 Supervisors Ronen; Mandelman, Preston ' BOARD OF SUPERVISORS Page 11 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 tlw Ocean Avenue }1/eighborhood Commercial Transit District shall be subject to the prmisions 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. SEC. 710. NC-1 - NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT. * * * * Table 710. NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT NC-1 ZONING CONTROL TABLE ~====~~~~~ ~-~~ ~- ~ '==~~---""" ~ -~ ~--=-~=--~=-~~~-;:;;;--::;:~~::::;~=:::-:~""'~~-~-~~~~,.;;;':='~"~-~--"'=~~-=~~~~~-~~;;::;-"~ ~ ~ Zl~~J111~ ~~}~g~~ry § R~fere 111 ee~s ~ Corntrols ~ Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 12 Retail Sales and Service Uses* * * * * Massa e Establishment * * * * Services, Health * * * * *Not listed below * * * * §§ 102, 202.2(a), 202.3 * * * * § 102, 204, 703 * * * * § 102 * * * * P(2)(3) * * * * * * * * p * * * * (12) P i[located vvithinaccessory to a Hotel or Personal Service. NP NP * * * * * * NP 12 NP 12 * * * * * * * NP NP * * * * * * * SEC. 711. NC-2 - SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 711. SMALL-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-2 Retail Sales and Service Uses* §§ 102, 202.2(a), p p NP 202.3 * * * * * * * * * * * * * * * * * * * §§ 102L204, 303(n), CLlfil N:FC(13) NP@ Massage Establishment * * * * * * * * * * * * * * * * * * * * Not listed below * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 13 (13) P i{located withinaccessory to a Hotel or Personal Service~ SEC. 712. NC-3 - MODERATE-SCALE NEIGHBORHOOD COMMERCIAL * * * * Table 712. MODERATE-SCALE NEIGHBORHOOD COMMERCIAL DISTRICT NC-3 ZONING CONTROL TABLE Retail Sales and Service Uses* §§ 102, 202.2(a), p p p 202.3 * * * * * * * * * * * * * * * * * * * Massage Establishment §§ 102, 204, GP CiJ1l NP@ 303(en), 703 * * * * * * * * * * * * * * * * * * * *Not listed below * * * * (12) P i[located 'Nithinaccessory to a Hotel or Personal Service~ SEC. 713. NC-S - NEIGHBORHOOD COMMERCIAL SHOPPING CENTER * * * * Table 713. NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT NC-S ZONING CONTROL TABLE ' Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 14 * r * * * * * * * * * * Massa e Establishment § 102, 204, 303 en , 703 GP C9 * * * * * * * * * * * * * * * * Services, Health § 102 p p * * * * * * * * * * * * * * * * * Not listed below * * * * (9) P iflocated vvithinaccessory to a Hotel or Personal Service~ SEC. 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 714. BROADWAY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * * * * * * * * * * * * * * * * * Massa e Establishment * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS * * * * C9 NP{22 * * * * * * * * * * * * Page 15 *Not listed below * * * * (9) P i[located \Nithinaccessory to a Hotel or Personal Service~ SEC. 715. CASTRO STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 715. CASTRO STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * * * * * * * * * * * * * * * * * Massa e Establishment §.§: 102, 204, 303 n , 703 GP cs NP@ * * * * * * * * * * * * * * * * * * * * Services, Health § 102 p p c * * * * * * * * * * * * * * * * * * * * * Not listed below (8) P i[located withinaccessory to a Hotel or Personal Service~ SEC. 716. INNER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 716. INNER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 16 * * * * * * * * * * * * * * * * * * Massa e Establishment §.§: 102, 204, 303 n 703 GP cs * * * * * * * * * * * * * * * *Not listed below * * * * (8) P i[located withinaccessory to a Hotel or Personal Service~ SEC. 717. OUTER CLEMENT STREET NEIGHBORHOOD COMMERCIAL * * * * Table 717. OUTER CLEMENT STREET NEIGHBORHOOD COMMERCIAL DISTRICT * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS ZONING CONTROL TABLE Page 17 * * * * * * * * * * * * * * * * * * Massa e Establishment § 102, 204, 703 * * * * * * * * * * * * * * * * Not listed below * * * * (7) P i[located 'Nithinaccessory to a Hotel or Personal Service. SEC. 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL * * * * Table 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * * * * * * * * * * * * Massa e Establishment §§ 102L 204, 303 n 703 GP NFC 8 NP@ * * * * * * * * * * * * * * * * * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 18 * Not listed below * * * * (8) P i[located i.Nithinaccessory to a Hotel or Personal Service~ SEC. 719. HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 719. HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * Massa e Establishment §.{ 102, 204, 303(n), 703 * * * * * * * * * * * Services, Health § 102 NP c * * * * * * * * * * * * * * * * * Not listed below * * * * (10) P i[located vvithinaccessorv to a Hotel or Personal Service. * * * * NP 10 * * * * NP * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 19 SEC. 720. EXCELSIOR OUTER MISSION NEIGHBORHOOD COMMERCIAL * * * * Table 720. EXCELSIOR OUTER MISSION STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * §§ 102, 202.2(a) p p p * * * * * * * * * * * * * * * § 102, 202.3 p 1 p 1 p 1 * * * * * * * * * * * * * * * Massage Establishment §§ 102, 204, 303(n)_,_ f;f__ Cfill NP@ * * * * * * * * * * * * * * * * * * * *Not listed below * * * * (6) P iflocated •.vithinaccessory to a Hotel or Personal Service~ SEC. 721. JAPANTOWN NEIGHBORHOOD COMMERCIAL DISTRICT. * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 20 * * * * Table 721. JAPANTOWN NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * §§ 102, 202.2(aL p p 202.3 Uses* * * * * * * * * * * * * * * * * §§ 102L 204, 303(n)_,_ C!fil C!fil Massage Establishment * * * * * * * * * * * * * * * * Services, Health § 102 c p * * * * * * * * * * * * * * * * * Not listed below * * * * @ P i[located withinaccessory to a Hotel or Personal Service~ SEC. 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * c * * * * * * p * * * Table 722. NORTH BEACH NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 21 * * * * Uses* §§ 102, 202.2(a), P(10) P(10) NP 202.3 * * * * * * * * * * * * * * * * * * * §§ 102, 204, 303(nt ~C(14) NFClli), NP@ Massage Establishment * * * * * * * * * * * * * * * * * * * Services, Health § 102 NP c c * * * * * * * * * * * * * * * * * * * * Not listed below * * * * (14) P i[located 1Nithinaccessory to a Hotel or Personal Service~ SEC. 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 723. POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 22 I* I I ik * * * * * * * * * * * * * * * * * * * * Massage Establishment §.§: 102 204 303 n , 703 NP 9 NFC 9 NP{2l * * * * * * * * * * * * * * * * * * * * Services, Health § 102 NP C C * * * * * * * * * * * * * * * * * * * * *Not listed below * * * * C2Lf tflocated 'Nithinaccessor-yto a Hotel or Personal Service~ SEC. 724. SACRAMENTO STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 724. SACRAMENTO STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * Massage Establishment * * * * Services, Health Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS * * * * .§:§ 102, 204, 303(n), 703 * * * * § 102 * * * * * * * * * * N-FC(4) * * * * * * * * * C4 p p Page 23 * * * * * * * * * * * *I * * * *I * * 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 vvithinaccessory to a Hotel or Personal Service~ SEC. 725. UNION STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 725. UNION STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * §§ 102, 202.2 (a), p p NP 202.3 Uses* * * * * * * * * * * * * * * * * * * §§ 102L 204, 303(n2.,. @f_ C(1)ill NP.(Zl Massage Establishment * * * * * * * * * * * * * * * * * * Services, Health § 102 p p c * * * * * * * * * * * * * * * * * * * Not listed below * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 24 I I I I I I ·1 I *I * * *1 (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 i[located 1.vithinaccessory to a Hotel or Personal Service. SEC. 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 726. PACIFIC AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * Massa e Establishment * * * * Services, Health * * * * * Not listed below Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS * * * * §§ 102,_ 204, 303 n , 703 * * * * § 102 * * * * * * * * * * * * * * * * NP 8 NP@ * * * * * * * * * * *! * NP c NP * * * * * * * * * * * * Page 25 * * * * (8) P i{located vvithinaccessory to a Hotel or Personal Service~ SEC. 727. LAKESIDE VILLAGE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 727. I LAKESIDE VILLAGE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL! TABLE I * * * * * * * * * * * * * * * * * * Massa e Establishment § 102, 204, 703 NFf__ NP 3 * * * * * * * * * * * * * * * * * * Services, Health § 102 p NP NP * * * * * * * * * * * * * * * * * * *1 * * Not listed below * * * * (3) P i{located with in accessory to a Hotel or Personal Service~ SEC. 728. 24TH STREET - NOE VALLEY NEIGHBORHOOD COMMERCIAL * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 26 Table 728. 24TH STREET - NOE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE C NP §§ 102, 202.2(a), p 202.3 Uses* * * * * * * * * * * * * * * * * * * * * §§ 102, 204, 303(nL,. C!fil Massage Establishment NP@ * * * * * * * * * * * * * * * * * * * Services, Health c P NP * * * * * * * * * * * * * * * * * * * * * Not listed below * * * * (8) P i[located withinaccessory to a Hotel or Personal Service. SEC. 729. WEST PORTAL AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 729. WEST PORTAL AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 27 §§ 102, 202.2(a), p p NP 202.3 Uses* * * * * * * * * * * * * * * * * * * * §§ 102,_ 204, 303(n)_,_ NP-P NP-C£§1 NP@ Massage Establishment * * * * * * * * * * * * * * * * * * * * Not listed below * * * * (6) P i[located 'Nithinaccessory to a Hotel or Personal Service. SEC. 730. INNER SUNSET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 730. INNER SUNSET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Retail Sales and Service Uses* §§ 102, 202.2(a),_ p c NP 202.3 * * * * * * * * * * * * * * * * * * * Massage Establishment §§ 102,_ 204, 303(n), C£§1 NP-C£§1 NP@ * * * * * * * * * * * * * * * * * * * Services, Health § 102 c c NP * * * * * * * * * * * * * * * * * * * * * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 28 *Not listed below * * * * (6) P iflocated withinaccessory to a Hotel or Personal Service~ SEC. 731. NORIEGA STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 731. NORIEGA STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * §§ 102, 202.2(a), p p NP 202.j:J Uses* * * * * * * * * * * * * * * * * * * * §§ 102L 204, 303(n)_,_ GP N-FC[]j NP.(Zl Massage Establishment * * * * * * * * * * * * * * * Not listed below * * * * (7) P if located withinaccessory to a Hotel or Personal Service~ SEC. 732. IRVING STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 732. IRVING STREET NEIGHBORHOOD COMMERCIAL DISTRICT * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 29 ZONING CONTROL TABLE * * * * Uses* §§ 102, 202.2(a), 202.3 p p NP * * * * * * * * * * * * * * * * * * * §.§: 102Lu2041 303{n).,_ GE NFC[lj NP ill Massage Establishment * * * * * * * * * * * * * * * Not listed below * * * * ill P i[located 1.vithinaccessory to a Hotel or Personal Service. SEC. 733. TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 733. TARAVAL STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Uses* §§ 102, 202.2(a), 202.3 P p NP * * * * * * * * * * **** **** **** Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 30 Massage Establishment §§ 102~ 303(nL,_ GP NP{Zl * * * * * * * * **** **** ****! *Not listed below * * * * (7) P i[located vvithinaccessory to a Hotel or Personal Service~ SEC. 734. JUDAH STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 734. JUDAH STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Uses* § 102, 202.2(a), 202.3 P p NP * * * * * * * * **** **** **** Massage Establishment * * * * * Not listed below * * * * §§ 102L204, 303(n)_,_ * * * * G.f__ NP-CSJj NP{Zl **** **** **** (7) P i[located vvithinaccessory to a Hotel or Personal Service. SEC. 735. INNER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 31 Table 735. INNER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * * * * * * * * * Massage Establishment §.2: 102, 204, 303 n , 703 -bf_ NFC 3 NPfil * * * * * * * * * * * * * * * * * * * * * Not listed below * * * * (3) P i[located withinaccessory to a Hotel or Personal Service. SEC. 736. OUTER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 736. OUTER BALBOA STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 32 * * * * * * * * * * * * * * * * * * Massa e Establishment NFC 3 * * * * * * * * * * * * * * * * Not listed below * * * * (3) P i[located withinaccessory to a Hotel or Personal Service~ SEC. 737. BAYVIEW NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 737. BAYVIEW NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * * * * * * * * * * Massa e Establishment § 102, 204, 303 &!J:. , 703 Gf__ C5 * * * * * * * * * * * * * * * * * * * Not listed below * * * * (5) P if located \Nithinaccessory to a Hotel or Personal Service~ Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 33 SEC. 738. CORTLAND AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 738. CORTLAND AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * * * * * * * * * * * * Massage Establishment §.£ 102, 204, 303 n , 703 GP NFC 3 * * * * * * * * * * * * * * * * Not listed below * * * * (3) P i[located •.vithinaccessory to a Hotel or Personal Service~ SEC. 739. GEARY BOULEVARD NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 739. GEARY BOULEVARD NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * ~~~-~"---~-~-~--<-"~--~~~~---~----~---~ -~-~-"--~~----,-~---~ Z0ning @ateg0rM § References @entr0ls -- - - -~ -- ~ ~ -- - -~ - --- -- - - - - - - - - - - - - ~ -- - -- - - ~- - - NON-RESllDENl!IAU.! smANIDAIR:IDS \J2J;ffJ1Y01ii@&i!Fii§i®i!2irl ~ ~~~~~~~~~~~~~~~~~~~~~~~-------- Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 34 * * * * * * * * * * * * * * * * * Massa e Establishment § 102, 204, 303 e11 , 703 GE CB * * * * * * * * * * * * * * * * Not listed below * * * * (8) P i[located 1.vithinaccessory to a Hotel or Personal Service. SEC. 740. MISSION BERNAL NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 740. MISSION BERNAL NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * * * * * * * * * * * * * * * * * Massa e Establishment * * * * * Not listed below Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS §§ 102, 204, 303(e71), 703 GE * * * * * * C5 * * * * * NP ill * * * Page 35 *' * I * * * * (5) P i[located vvithinaccessory to a Hotel or Personal Service. SEC. 741. SAN BRUNO AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 741. SAN BRUNO AVENUE NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * * * * * * * * * * * * Massage Establishment §i 102,_ 204 303 n , 703 Gf__ * * * * * * * * * * * * * * * * Not listed below * * * * (3) P iflocated withinaccessory to a Hotel or Personal Service~ SEC. 742. COLE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICTS. * * * * Table 742. COLE VALLEY NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 36 * * * * Uses* §§ 102, 202.2(a2, 202.3 p NP NP * * * * * * * * * * * * * * * * * * * Massa e Establishment § 102,204, 703 N-J2f_ NP 3 NP 3 * * * * * * * * * * * * * * * * * * * Services, Health § 102 p NP NP * * * * * * * * * * * * * * * * * * * *Not listed below * * * * (3) P iflocated withinaccessory to a Hotel or Personal Service~ SEC. 743. LOWER HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 743. LOWER HAIGHT STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 37 * *; * * * * * * * * * * * * * * * Massa e Establishment § 102, 204, 303 n , 703 Gf__ NFC3 * * * * * * * * * * * * * * * * * * * * * Not listed below * * * * (3) P i[located vvithinaccessory to a Hotel or Personal Service,_ SEC. 744. LOWER POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 744. LOWER POLK STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * §§ 102, 202.32(a), p p p 202.3 Uses* * * * * * * * * * * * * * * * * * * * §i 102, 204, 303(e11t Gf__ C!il NP@ Massage Establishment * * * * * * * * * * * * * * * * * * * *Not listed below * * * * (4) P if located vvithinaccessory to a Hotel or Personal Service. * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 38 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 * * * * * * * * **** **** **** * Not listed below * * * * (4) P if located withinaccessory to a Hotel or Personal Service~ SEC. 750. NCT-1 - NEIGHBORHOOD COMMERCIAL TRANSIT CLUSTER * * * * Table 750. NEIGHBORHOOD COMMERCIAL TRANSIT CLUSTER DISTRICT NCT-1 ZONING CONTROL TABLE * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 39 * * * * * * * * * * * * * * * * * * * * Massage Establishment §.2: 102,_204, 303 n , 703 N-FE NP{l_Q)_ NP 10 * * * * * * * * * * * * * * * * * * *I * Services, Health § 102 p NP NP * * * * * * * * * * * * * * * * * * * * * Not listed below * * * * (10) P if located \Nithinaccessory to a Hotel or Personal Service~ SEC. 751. NCT-2 - SMALL-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT * * * * Table 751. SMALL-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT NCT-2 * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS ZONING CONTROL TABLE Page 40 * * * * * * * * * * * * * * * * * * Massage Establishment §.§: 102,_204. 303 n , 703 Gf_ NFC 8 * * * * * * * * * * * * * * * *Not listed below * * * * (8) P i[located •.vithinaccessory to a Hotel or Personal Service~ SEC. 752. NCT-3 - MODERATE-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT * * * * Table 752. MODERATE-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT NCT-3 * * * * * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS ZONING CONTROL TABLE * * * * Page 41 Massage Establishment §.§: 102L 204, 303 n , 703 f;.f._ C 8 NP@ * * * * * * * * * * * * * * * * * * * * * Not listed below * * * * (8) P i[located vvithinaccessory to a Hotel or Personal 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 f;.p NFC 6 * * * * * * * * * * * * * * * * Not listed below * * * * (6) P i[located 1.vithinaccessory to a Hotel or Personal Service~ Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 42 SEC. 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT * * * * Table 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * Uses* §§ 102, 202.2(a), 202.3 p p p * * * * * * * * * * * * * * * * * * * * Massage Establishment §§ 102L204, 303(n2.,_ Gf_ Cifil NP{22 * * * * * * * * * * * * * * * * * * * * * Not listed below * * * * (9) P iflocated withinaccessory to a Hotel or Personal Service~ SEC. 755. OCEAN AVENUE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 755. OCEAN AVENUE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 43 * * * * * * * * * * * * * * * * * * Massage Establishment §.§: 102, 204, 303 n , 703 C 5 7 * * * * * * * * * * * * * * * * * Services, Health § 102 C5 p p * * * * * * * * * * * * * * * * * * Not listed below * * * * (5) A Health Service Use andor Massage Establishment Use requires a Conditional Use authorization on the ground story whether it is Principal or Accessory. * * * * (7) P iflocated withinaccessory to a Hotel or Personal Service~ SEC. 756. GLEN PARK NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 756. GLEN PARK NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 44 Uses* * * * * Massage Establishment * * * * * Not listed below * * * * §§ 102, 202.2(a), 202.3 P p NP * * * * §§ 102L204, 303(n)"- * * * * * * * * * * * * * * * * * * * * * * * * * * * * (7) P iflocated withinaccessory to a Hotel or Personal Service~ SEC. 757. FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT * * * * Table 757. FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS ZONING CONTROL TABLE Page 45 * * * * * * * * * * * * * * * * * * §§ 102L204, 303(n), 703 GP(7)(8) CNP(11) 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 i[located 'JVithinaccessory to a Hotel or Personal Service~ SEC. 758. REGIONAL COMMERCIAL DISTRICT. * * * * Table 758. REGIONAL COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * * * Massage Establishment Supervisors Ronen; Mandelman, Preston ' BOARD OF SUPERVISORS * * * * * * * * * §§ 102L204, 303(n), 703 GP(6)(7) Page 46 *I * * * * * * * * * * * * * * * * * * * * * * * Services, Health § 102 p 6 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 i[located vvithinaccessory to a Hotel or Personal Service~ SEC. 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT * * * * Table 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * Uses* §§ 102, 202.2(a), 202.3 p p NP * * * * * * * * * * * * * * * * * * * Groce , General §f_ 102, 202. 3 P5 P5 NP Massage Establishment §.§: 102L204, 303(n)_,_ Gf__ NF-Cs:Jl NP{2l * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 47 *I * I * * * * * * * * * * * * * * * * * * * * * Not listed below * * * * (9) P if located withinaccessory to a Hotel or Personal Service,_ SEC. 760. FILLMORE STREET NEIGHBORHOOD COMMERCIAL TRANSIT * * * * Table 760. FILLMORE STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * Uses* §§ 102, 202.2(a), 202.3 P P P * * * * * * * * * * * * * * * * * * * * Massa e Establishment C5 NP 5 * * * * * * * * * * * * * * * * * * * * ! * Not listed below. * * * * (5) P i[located withinaccessory to a Hotel or Personal Service. SEC. 761. HAYES-GOUGH NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 48 * * * * Table 761. HAYES-GOUGH NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * * * * * * * * * * * * * * * * Massage Establishment §.§: 102,_204, 303(n), 703 C 7 * * * * * * * * * * * * * * * * * Services, Health § 102 c p c * * * * * * * * * * * * * * * * * * * * * Not listed below * * * * (7) P i[located withinaccessory to a Hotel or Personal Service. SEC. 762. VALENCIA STREET NEIGHBORHOOD COMMERCIAL TRANSIT * * * * Table 762. VALENCIA STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS ZONING CONTROL TABLE Page 49 Uses* §§ 102, 202.2(a), 202.3 p c NP * * * * * * * * * * * * * * * * * * * * Massa e Establishment cs NP 8 * * * * * * * * * * * * * * * * * * * * * Not listed below * * * * (8) P i[located withinaccessory to a Hotel or Personal Service~ SEC. 763. 24TH STREET - MISSION NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 763. 24TH STREET - MISSION NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS ZONING CONTROL TABLE Page 50 Retail Sales and Service Uses* §§ 102, 202.2(a , 202.3 p NP NP * * * * * * * * * * * * * * * * * * Massage Establishment §.§: 102L204 303 n, 703 Gf._ NFC8 NP 8 * * * * * * * * * * * * * * * * * * Services, Health § 102 p c NP * * * * * * * * * * * * * * * * * * *Not listed below * * * * (8) P i[located withinaccessory to a Hotel or Personal Service~ SEC. 764. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT * * * * Table 764. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE * * * * * * * * * * * * * * * * * * * * * * * * * * * * *' * Massa e Establishment * * * * Services, Health Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS §.§: 102L204, 303(n), 703 Gf._ c 10 NP 10, * * * * * * * * * * * * * * *· * § 102 P(7) p c Page 51 I * * * * * * * * * * * *I * * * *I * * *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:-f. of this Code. * * * * O 0) P if located withinaccessory to a Hotel or Personal Service~ SEC. 810. CHINATOWN COMMUNITY BUSINESS DISTRICT. * * * * Table 810 CHINATOWN COMMUNITY BUSINESS DISTRICT ZONING CONTROL TABLE * * * * NON-RESIDENTIAL USES * * * * Sales and Service Use Cate ory Retail Sales and Service Uses* * * * * Massage Establishment * * * * Services, Health * * * * * Not listed below Supervisors Ronen; Mandelman, Preston '1 BOARD OF SUPERVISORS Controls by Story 1st 2nd 3rd * * * * * * * * * * * 1 p p * * * * u ** * GNP4 * * * * p * * * * Page 52 * * * * (4) P if accessory to a Hotel or Personal 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. 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 Supervisors Ronen; Mandelman, Preston · BOARD OF SUPERVISORS Page 53 CHINATOWN VISITOR RETAIL DISTRICT ZONING CONTROL TABLE * * * * Sales and Service Use Category Retail Sales and Service Uses* * * * * Massage Establishment §§ 102L)04, 303(_nL_ ~C(3) CQl * * * * * * * * * * * * * * * * Services, Health § 102 NP p * * * * * * * * * * * * * * * * *Not listed below * * * * (_3) P iflocated \'Vithinaccessory to a Hotel or Personal Service~ SEC. 812. CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL * * * * Table 812 CHINATOWN RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE * * * * * * *1* NP * * * * '. Supervisors Ronen; Mandelman, Preston : BOARD OF SUPERVISORS Page 54 Sales and Service Use Cate ory Retail Sales and Service Uses* 102 202.2 a 202.3 * * * * Massage Establishment §§ 102, 204, 803 * * * * * * * * * Not listed below * * * * (3) P iflocated withinaccessory to a Hotel or Personal Service~ p * * * * GP NPfil NP 3 * * * * * * * * * * *1 * ! SEC. 827. RINCON HILL DOWNTOWN RESIDENTIAL MIXED USE DISTRICT (RH- * * * * Table 827 RINCON HILL DOWNTOWN RESIDENTIAL MIXED USE DISTRICT ZONING CONTROL TABLE * * * * No. Zoning Category * * * * * * * * Non-Residential Standards and Uses * * * * * * * * § References * * * * * * * * Rincon Hill Downtown Residential Mixed Use District Zoning Controls * * * * * * * * . 26 All Non-Residential Uses Permitted, except as described below . § 825(c)(1)(A) * * * * * * * * i Supervisors Ronen; Mandelman, Preston . BOARD OF SUPERVISORS * * * * * * * * Page 55 .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 tl=le 2nd floor and above all floors jf wft.l:l.ffiaccessory to a Hotel or Personal Service. * * * * * * * * * * * * * * * * SPECIFIC PROVISIONS FOR RINCON HILL DOWNTOWN RESIDENTIAL MIXED USE Section § 827.35 §§ 890. 60102, 204, 303(n), 803, Art. 29 Health Code Supervisors Ronen; Mandelman, 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 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). Page 56 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) * * * * * * * * .35 Massage Establishment Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS * * * * * * * * §§_ 890.60102, 204, P on the 1st floor, C # 303(n), 803, on the 2nd floor, and Art. 29 Health Code NP on 3rd floor and above, except P on #le 2nd floor and aboveall floorsjf wi-tfti.Aaccessory to a Page 57 Hotel or Personal Service. * * * * * * * * * * * * * * * * SPECIFIC PROVISIONS FOR SOUTH BEACH DOWNTOWN RESIDENTIAL DISTRICT Section § 829.35 Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS §§ 890.60102, 204, 303(n), 803, Art. 29 Health Code 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 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 Page 58 in Section 303(n) and 890.60(b). * * * * * * * * * * * * SEC. 840. MUG - MIXED USE-GENERAL DISTRICT. 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 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 No. Zoning Category * * * * * * * * Office * * * * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS § References * * * * * * * * Mixed Use-General Distri1 t Controls * * * * * * * * Page 59 * 840.65A Services, Professional; Services Financial; Services },1edicalHealth * * * * §§ 890.108, 890.110, 890.114 SEC. 841. MUR - MIXED USE-RESIDENTIAL DISTRICT. * * * * Table 841 Subject to vertical control o, Sec. 803.9(f). Pon the gro nd ' floor when primarily open td the general public on a clie1t- oriented basis. MUR- MIXED USE-RESIDENTIAL DISTRICT ZONING CONTROL TABLE * * * * No. Zoning Category § References * * * * * * * * * * * * Assembly, Recreation, Arts and Entertainment * * * * * * * * 841.59 Massage Establishment * * * * * * ------- Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS * * * * * * §§ 890.60102, 204, 303(n), 803 * * * * Mixed Use- Residential District Controls * * * * * * * * NF.P on 1st floor, C on 2nd floor, and NP on 3rd -floor and above, except P on 2nd floor and above all floors i.[wi-t-A-i-Aaccessory to a Hotel or Personal Service~ * * * * Page 60 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 §References Controls * * * * NON-RESIDENTIAL STANDARDS & USES * * * * 1* * * * * * * * ------- Sales and Service Use Category Retail Sales and Service § 102 P(1) Uses* * * * * * * * * * * * * Massage Establishment §§ 102L204, 303(n), 803 NFP on 1st floor, Con 2nd -fJ_oor, and NP on 3rd -fJ_oor and above, except P on 2nd floor and aboveall floors if wf#l-i.A.accessory to a Hotel or Personal Service~ * * * * * * * * * * * * * Not Listed Below (1) Pup 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. * * * * Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 61 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. 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 00#1: a "Massage Establishment" arn:ibut 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. (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: Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 62 (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 (8) 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. (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 Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 63 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: DENNIS J. HERRERA, City Attorney By: /s/ Victoria Wong VICTORIA WONG Deputy City Attorney n:\legana\as2021 \2000612\01568632.docx Supervisors Ronen; Mandelman, Preston BOARD OF SUPERVISORS Page 64 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 210381 Date Passed: December 14, 2021 Ordinance amending the Planning Code to revise Massage Establishment zoning controls, including, among other things, to: 1) add Sole Practitioner Massage Establishments to the definition of Health Services in Articles 1 and 8 and remove it from the definition of Massage Establishments; 2) regulate Massage Establishments generally consistent with Health Services, with some exceptions; 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 dwelling unit; 6) rename Medical Services to Health Services in Article 8 and make other conforming amendments; and 7) 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. November 29, 2021 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE November 29, 2021 Land Use and Transportation Committee - CONTINUED AS AMENDED 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 - RECOMMENDED AS AMENDED AS A COMMITTEE REPORT December 06, 2021 Land Use and Transportation Committee - DUPLICATED December 07, 2021 Board of Supervisors - PASSED ON FIRST READING Ayes: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani and Walton Excused: 1 - Melgar December 14, 2021 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 Pagel Printed at 8:50 am on 12115121 File No. 210381 London N. Breed Mayor City a11d Cou11ty of Sa11 Francisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 12/14/2021 by the Board of Supervisors of the City and County of San Francisco. \2/22/2\ Date Approved Printed at 8:50 am on 12115121