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S.F. committee pauses vote on planning-code changes for massage businesses

Land Use and Transportation Committee, San Francisco Board of Supervisors · November 29, 2021
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Summary

The Land Use & Transportation Committee heard amendments that would let massage businesses operate where health services are allowed, add sole practitioners to the health-services definition, and ban personal-service reuse for three years after code-related closures. The committee adopted amendments and continued the item one week for final City Attorney wording.

The Land Use and Transportation Committee of the San Francisco Board of Supervisors on Nov. 29 took up an ordinance that would change where massage businesses can operate in the city and how they are regulated.

The proposal, sponsored by legislation from Supervisor Hillary Ronan and presented by Amy Beinart, would amend the planning code to allow massage businesses that meet permitting and public-health requirements to open in commercial zones where other health services are permitted and would classify sole practitioners under "health services" rather than "massage establishments." Beinart said the change is intended to "make it easier for local massage practitioners and small business owners to open and operate massage establishments in San Francisco" and to reduce burdens that have pushed owners to leave the city.

Supporters and Planning Department staff said the ordinance would align massage rules with other health services and incorporate three Planning Commission modifications: replace the word "within" in zoning tables with the more standard "accessory to," replicate a hotel exception footnote where needed, and make clerical footnote corrections. Veronica Flores of the Planning Department told the committee the ordinance would permit massage establishments in more zoning districts citywide and would continue to treat hotels as an exception under the revised text.

Public commenters were split. Christine Du, a board-certified structural integrator who said her practice is regulated under massage therapy, told the committee: "We are healthcare, and the easing of the restrictive zoning laws will permit us to operate in the appropriate health service zoning and support the growth of small businesses as we rebuild our economy." By contrast, Linda Chapman described past neighborhood problems tied to late-night businesses and warned that easing zoning could invite nuisance activity; she said some areas had been "flooded with massage parlors" and urged careful drafting of hotel exceptions.

The committee adopted a motion to accept the Planning Commission amendments and then voted to continue the item as amended for one week so the City Attorney and staff could finalize non-substantive language changes (including clarifying hotel definitions) before the December 6 hearing. The roll call recorded three ayes: Supervisor Peskin, Supervisor Dean Preston and Chair Myrna Melgar.

Next steps: the item was continued, with sponsors and staff asked to refine language and, where needed, re-refer trailing amendments to the Planning Commission ahead of the December 6 Land Use Committee hearing.