AMENDED IN COMMITTEE
FILE NO. 221104
1/23/2023 ORDINANCE NO. 22-23
[Planning Code - SoMa Nighttime Entertainment Uses; Leather and LGBTQ Cultural District]
Ordinance amending the Planning Code to allow Nighttime Entertainment as a
principally permitted use on properties fronting Folsom Street between 7th Street and
Division Street and properties fronting 11th Street between Howard Street and Division
Street in the Folsom Street Neighborhood Commercial Transit District. the Regional
Commercial District. and the Western SoMa Mixed Use-General District; removing
certain restrictions on Nighttime Entertainment uses on properties fronting Folsom
Street between 7th Street and Division Street and properties fronting 11th Street
between Howard Street and Division Street in the Western SoMa Special Use District;
clarifying the buffer restrictions for Nighttime Entertainment uses in the
Service/Arts/Light Industrial District and the Western SoMa Mixed Use-Office District;
affirming the Planning Department's determination under the California Environmental
Quality Act; making findings of consistency with the General Plan and the eight priority
policies of Planning Code, Section 101.1; and making findings of public necessity,
convenience, and welfare 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 strikethrough italics Times l1kw 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. Land Use and Environmental Findings.
Supervisors Dorsey; Mandelman, Engardio, Safai
BOARD OF SUPERVISORS
Page 1
(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. 221104 and is incorporated herein by reference. The Board affirms
this determination.
(b) On January 12, 2023, the Planning Commission, in Resolution No. 21225, 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. 221104, and is incorporated herein by reference.
(c) Pursuant to Planning Code Section 302, this Board finds that this ordinance will
serve the public necessity, convenience, and welfare for the reasons set forth in Planning
Commission Resolution No. 21225, 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.
221104.
Section 2. General Background and Findings.
(a) San Francisco's South of Market area has been a local and world capital for
Leather culture since the 1960s, as well as one of the city's most significant and distinctive
Lesbian, Gay, Bisexual, Transgender, Queer (LGBTQ} neighborhoods since the 1950s, with a
unique concentration of businesses, institutions, organizations, events, individuals, and artists
that has been an integral part of the City's cultural richness, economic prosperity, and
historical significance.
(b) For over 50 years, South of Market, particularly the Folsom and 11th Street
corridors, has been one of San Francisco's major nightlife areas, in which innumerable bars
Supervisors Dorsey; Mandelman, Engardio, Safai
BOARD OF SUPERVISORS
Page
and nightclubs were established catering to diverse populations, such as the lesbian bars
Hula Shack and Baybrick Inn, and renowned dance bars and drag-focused entertainment
venues such as The Stud, The End-Up, DNA Lounge, and Oasis.
(c) In 2018, the Board of Supervisors adopted Resolution No. 129-18 establishing the
Leather and LGBTQ Cultural District ("Cultural District"). Soon thereafter, the City enacted
Ordinance No. 126-18, which codified the Cultural District at Administrative Code Section
107.3(e) and defined its boundaries as "the area bounded by Howard Street to the northwest,
7th Street to the northeast, Highway 101 to the south between Howard Street and Bryant
Street, Division Street to the south between Bryant Street and Interstate 80, and Interstate 80
to the east, as well as the south side of Harrison Street between 7th Street and Morris Street."
(d) In establishing the Cultural District, the City determined to preserve and further
develop Leather and LGBTQ nightlife and commercial corridors within the boundaries of the
Cultural District.
(e) The Cultural District is mostly contained within the Western SoMa Special Use
District, which allows but imposes restrictions on the establishment of new Nighttime
Entertainment uses. The Cultural District also encompasses the entirety of the Folsom Street
Neighborhood Commercial Transit District, and portions of the Western SoMa Mixed Use-
General District and the Regional Commercial District. These twe districts do not allow for
Nighttime Entertainment uses.
(f) Nighttime Entertainment uses are integral to meeting the purposes of the Cultural
District. Restrictions on these uses are at odds with the stated purposes of the Cultural
District and the rich history of Leather and LGBTQ nightlife in SoMa. Lifting these restrictions
in designated areas of the Cultural District is part of the ongoing community conversation and
engagement around zoning controls in SoMa.
Supervisors Dorsey; Mandelman, Engardio, Safai
BOARD OF SUPERVISORS
Page
(g) To promote the establishment and enhance the vitality of nightlife in areas of the
City strongly associated with the Leather and LGBTQ communities, this ordinance amends
the Planning Code to permit Nighttime Entertainment uses in certain zoning districts
overlapping in whole or part with the Cultural District.
Section 3. The Planning Code is hereby amended by revising Sections 757, 758, 823,
aoo 844, 845, and 846, to read as follows:
SEC. 757. FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT
DISTRICT.
* * * *
Table 757. FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT
DISTRICT ZONING CONTROL TABLE
Zoning Category
§ References
* * * *
NON-RESIDENTIAL STANDARDS AND USES
* * * *
1st
* * * *
Entertainment, Arts, and Recreation Use Category
Entertainment, Arts,
§§ 102, 202.4
and Recreation Uses*
Supervisors Dorsey; Mandelman, Engardio, Safai
BOARD OF SUPERVISORS
NP
Folsom Street NCT
Controls
Controls by Story
2nd
3rd
NP
NP
Page.:1
Arts Activities
§ 102
p
p
p
Entertainment, General
§ 102
p
p
p
Entertainment, Nighttime
f 102
NP(JO)
NP(JO)
NP(JO)
* * * *
(JO)
Pon properties fronting Folsom Street between 7th Street and Division Street.
SEC. 758. REGIONAL COMMERCIAL DISTRICT.
The Regional Commercial District (RCD) is located along the 9th Street and 10th Street
corridors, generally running from Mission Street to Harrison Street, and provides for a wide
variety of commercial uses and services to a population greater than the immediate
neighborhood. While providing convenience goods and services to the surrounding
neighborhood, the RCD corridors are also heavily trafficked thoroughfares into and out of the
City that serve shoppers from other neighborhoods and cities.
Large-scale lots and buildings and wide streets distinguish the RCD from smaller-
scaled neighborhood commercial streets, although the district also includes small as well as
moderately scaled lots. Buildings typically range in height from two to four stories with
occasional taller structures.
A diverse commercial environment is encouraged for the RCD. Eating and drinking
establishments, general retail, office, certain auto uses, and production, distribution, and
repair uses generally are permitted with certain limitations at the first and second stories. Arts
Activities are encouraged on all floors and Nighttime Entertainment uses are allowed on the
First and Second Stories in historic building~ with Conditional Use authorization, except that
Nighttime Entertainment uses are Principally Permitted in Article 10 Landmark Building No.
Supervisors Dorsey; Mandelman, Engardio, Safai
BOARD OF SUPERVISORS
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120 (currently St. Joseph's Church at 1401 Howard Street) and on properties fronting Folsom
Street between 7th Street and Division Street.
* * * *
Table 758. REGIONAL COMMERCIAL DISTRICT
ZONING CONTROL TABLE
Regional Commercial District
Zoning Category
§ References
Controls
* * * *
NON-RESIDENTIAL STANDARDS AND USES
* * * *
Controls by Story
1st
2nd
3rd
* * * *
Entertainment, Arts, and Recreation Use Category
Entertainment, Arts,
§§ 102, 202.4
NP
NP
NP
and Recreation Uses*
Arts Activities
§ 102
p
p
p
Entertainment, General
§ 102
C
C
NP
Entertainment,
§ 102
NP(3)
NP(3)
NP(3)
Nighttime
* * * *
* Not listed below
(1) NP on 1st floor on lots with more than 25 feet of street frontage.
Supervisors Dorsey; Mandelman, Engardio, Safai
BOARD OF SUPERVISORS
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(2) Allowed with C so long as there is no ingress/ egress onto alleys, as defined in the
Western SoMa Community Plan, containing RED or RED-MX Districts
(3) C on First and Second Story in historic buildings and P in Article 10 Landmark
Building No. 120 (St. Joseph's Church at 1401 Howard Street) per Section 703.9, and subject
to the Good Neighbor Policies for Nighttime Entertainment activities in Planning Code Section
803.5(b ). and P on properties fronting Folsom Street between 7th Street and Division Street.
* * * *
SEC. 823. WESTERN SOMA SPECIAL USE DISTRICT.
* * * *
(c) Controls. All provisions of the Planning Code shall apply except as otherwise
provided in this Section subsection (c).
* * * *
(9) Buffers from Nighttime Entertainment and Animal Services. Additional
requirements applicable to Nighttime Entertainment uses and Kennels, as defined in Section
102, are as follows:
(A) Nighttime Entertainment. No portion of a non-accessory Nighttime
Entertainment use, as defined in Section 102 of this Code, shall be permitted within 200 linear
feet of any property within a RED or RED-MX District. This buffer shall not apply to (i) any
Nighttime Entertainment use within the WMUO District where a Nighttime Entertainment use
that was established with a building permit application or a permit from the Entertainment
Commission or San Francisco Police Department was in operation within five years prior to
submission of a building permit application to re-establish a Nighttime Entertainment use,._ &
(ii) a Nighttime Entertainment Use established within the Regional Commercial District
pursuant to Section 703.9(b) of this Code, or (iii) properties fronting Folsom Street between 7th
Supervisors Dorsey; Mandelman, Engardio, Safai
BOARD OF SUPERVISORS
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Street and Division Street and properties fronting 11th Street between Howard Street and Division
Street.
* * * *
SEC. 844. WMUG - WSOMA MIXED USE-GENERAL DISTRICT.
The WSoMa Mixed Use-General (WMUG) District is largely comprised of the low-scale,
production, distribution, and repair uses mixed with housing and small-scale retail. The
WMUG is designed to maintain and facilitate the growth and expansion of small-scale light
manufacturing, wholesale distribution, arts production and performance/exhibition activities,
and 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 production, distribution,
and repair 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 will
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.
Hotels, nighttime enterffl:inment, movie theaters, adult entertainment,. and heavy
manufacturing uses are not permitted. Office use is restricted to customer-based services on
the ground floor.
Table 844
WMUG - WSOMA MIXED USE-GENERAL DISTRICT ZONING CONTROL TABLE
Supervisors Dorsey; Mandelman, Engardio, Safai
BOARD OF SUPERVISORS
Page E
No.
Zoning Category
§ References
WSoMa Mixed Use-Genera·
District Controls
* * * *
Assembly, Recreation, Arts and Entertainment
844.55
Arts Activity
§ 102.2
p
844.56
Nighttime Entertainment
§§ 102:-1-7, 181 (f),
NP ill
803.5(b ), 823
* * * *
(1)
Pon properties fronting Folsom Street between 7th Street and Division Street and
properties fronting 11th Street between Howard Street and Division Street.
* * * *
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
* * * *
Assembly, Recreation, Arts and Entertainment
844.55
Arts Activity
§ 102.2
p
844.56
Nighttime Entertainment
§§ 102-A+, 181 (f),
Pill
803.5(b ), 823
* * * *
Supervisors Dorsey; Mandelman, Engardio, Safai
BOARD OF SUPERVISORS
Page S
(1} See buffer restrictions and exceptions for Nighttime Entertainment in Section
823(c}(9}(A}.
* * * *
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
* * * *
Assembly, Recreation, Arts and Entertainment
844.55
Arts Activity
844.56
Nighttime Entertainment
* * * *
§ 102.2
§§ 102A-7, 181 (f),
803.5(b), 823
p
Pill
(1} See buffer restrictions and exceptions for Nighttime Entertainment in Section
823(c}(9}(A}.
* * * *
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.
Supervisors Dorsey; Mandelman, Engardio, Safai
BOARD OF SUPERVISORS
Page 1C
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/ Giulia Gualco-Nelson
GIULIA GUALCO-NELSON
Deputy City Attorney
n:\legana\as2022\2300104\01651283.docx
Supervisors Dorsey; Mandelman, Engardio, Safai
BOARD OF SUPERVISORS
Page 11
City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number:
221104
Date Passed:
February 14, 2023
Ordinance amending the Planning Code to allow Nighttime Entertainment as a principally permitted use
on properties fronting Folsom Street between 7th Street and Division Street and properties fronting 11th
Street between Howard Street and Division Street in the Folsom Street Neighborhood Commercial
Transit District, the Regional Commercial District, and the Western SoMa Mixed Use-General District;
removing certain restrictions on Nighttime Entertainment uses on properties fronting Folsom Street
between 7th Street and Division Street and properties fronting 11th Street between Howard Street and
Division Street in the Western SoMa Special Use District; clarifying the buffer restrictions for Nighttime
Entertainment uses in the Service/Arts/Light Industrial District and the Western SoMa Mixed
Use-Office District; affirming the Planning Department's determination under the California
Environmental o'uality Act; making findings of consistency with the General Plan and the eight priority
policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and
welfare pursuant to Planning Code, Section 302.
January 23, 2023 Land Use and Transportation Committee - AMENDED, AN AMENDMENT
OF THE WHOLE BEARING NEW TITLE
January 23, 2023 Land Use and Transportation Committee - CONTINUED AS AMENDED
January 30, 2023 Land Use and Transportation Committee - RECOMMENDED
February 07, 2023 Board of Supervisors - PASSED ON FIRST READING
Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Safai and Stefani
Excused: 1 - Walton
February 14, 2023 Board of Supervisors - FINALLY PASSED
City and County ofSm1 Francisco
Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen,
Safai, Stefani and Walton
Page 1
Printed at 12:42 pm 011 2/15/23
File No. 221104
London N. Breed
Mayor
City and County of San Francisco
Page2
I hereby certify that the foregoing
Ordinance was Fl NALLY PASSED on
2/14/2023 by the Board of Supervisors of the
City and County of San Francisco.
Angela Calvillo
Clerk of the Board
Date Approved
Printed at 12:42 pm 011 2/15/23
