o0182-19

AMENDED IN COMMITTEE FILE NO. 190248 7/15/2019 ORDINANCE NO. 182-19 [Planning Code- Uses in the Upper Market NCT and NCT-3 Zoning Districts] Ordinance amending the Planning Code to revise the NCT -3 (Moderate-Scale Neighborhood Commercial Transit) District controls to allow Arts Activities, Philanthropic Administrative Services, and Public Facilities as a principal use on all stories and provide that in this District Arts Activities are considered to be active uses:, revise the Upper Market Neighborhood Commercial Transit (NCT) District controls to allow Arts Activities and Institutional Uses as a principal use on all the first and second stories, allow Institutional Uses as a principal use on the first and second stories and as a conditionai use on the third story and above,~, and to ail ow Generai Entertainment as a principal use on the first and second stories. delete the note for an existing ground-floor bar. and require a health service use on the first story that is not a licensed community or free clinic to comply with formula retail controls: delete the Upper Market NCT District from the requirements for ground floor commercial uses~ modify the requirements for liquor stores and bars in the NCT -3 and Upper Market Street NCT Districts, add additional conditional use criteria for liquor stores and require liquor stores to comply with standard location and operating conditions, and add additional uses to the definition of Open Air Sales; delete Philanthropic Administrative Services from the Code as a separately-defined Institutional Use; 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 adopting findings of public necessity, convenience, and general 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 New Roman font. Board amendment additions are in double-underlined Arial font. Supervisor Mandelman BOARD OF SUPERVISORS Page 1 Board amendment deletions are in strikethrough /\rial 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. 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. 190248 and is incorporated herein by reference. The Board affirms this determination. (b) On May 9, 2019, the Planning Commission, in Resolution No. 20450, 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 1 01.1. 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. 190248, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that these Planning Code amendments will serve the public necessity, convenience, and general welfare for the reasons set forth in Planning Commission Resolution No. 20450. Section 2. The Planning Code is hereby amended by revising Sections 102, 145.4, 202.2, 303, 710, 718, 721, 752, 754, 757, 759, 760, and 764, to read as follows: SEC. 102. DEFINITIONS. * * * * Supervisor Mandel man BOARD OF SUPERVISORS Page 2 Institutional Community Use. A subcategory of Institutional Uses that includes Child Care Facility, Community Facility, Private Community Facility, Job Training, Philanthropic Administrative Services, Religious Institution, Social Service or Philanthropic Facility, and Public Facility. Liquor Store. A Retail Sales and Service Use that sells beer, wine, or distilled spirits to a customer in an open or closed container for consumption off the premises and that needs a State of California Alcoholic Beverage Control Board License type 20 (off-sale beer and wine) or type 21 (off-sale general). This classification shall not include retail uses that: * * * * (c) For purposes of Planning Code Sections 249.5, 781.8, 781.9, 782, and 784, the retail uses explicitly exempted from this definition as set forth above shall only apply to General Grocery and Specialty Grocery stores that exceed 5,000 square feet in size and shall not: * * * * (3) sell single servings of beer in container sizes 24 ounces or smaller. Liquor Store uses are subject to the operating conditions o[Section 202.2(a){6). Where conditionally permitted, the Conditional Use authorization shall also satisfY the conditions o[Section 303(z). * * * * Open Air Sales. A Commercial Use Characteristic generally categorized as a Retail Sales and Service Use that involves open air sale of new and/or used merchandise, except vehicles, but including agricultural products, plants and gardening supplies, building materials, crafts,_ and/or art work. * * * * Service, Philanthropic Administrative. J\n Institutional Community Use that provides executive, management, administrative, and clerical services and support related to Supervisor Mandelman BOARD OF SUPERVISORS Page 3 philanthropic activities that serve non profit institutions and organizations; such philanthropic activities may include funding and support of educational, medical, environmental, cultural, and social services institutions and organizations. Such Uses: (a) may not be located on the First Story of buildings 1Nhere the most recent prior Use ~.vas any Use other than Residential or Office; and (b) may be located in a single undivided space not physically separated from a Residential Use; provided that any Residential Conversion above the First Story, associated vvith, or following commencement of such Use, shall be considered a Conditional Use requiring approval pursuantto Section 317. 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: * * * * (6) Liquor Stores. Liquor Stores, as defined in Section 102, shall comply with the following requirements: (A) Employees of the establishment shall walk a 1 00-foot radius from the premises sometime between 30 minutes after closing time and 8:00 a.m. the following morning. and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. The business operator shall maintain the main entrance to the building and all sidewalks abutting the subject property in a clean and sanitary condition in compliance 1Nith the Department of Public 'Narks Streets and Sidev.'alk Maintenance Standards, maintained by the Department's Bureau of Street Use and Mapping. In addition, the business operator shall be responsible for daily monitoring of the sidewalk within a one block radius of the subject Supervisor Mandelman BOARD OF SUPERVISORS Page 4 business to maintain the sidev.mlk free of litter associated vvith the business during business hours in accordance with Article 1, Section 34 of the Police Code. {B) The business operator shall provide outside lighting sufficient to illuminate street and sidewalk areas and adjacent parking as appropriate to maintain security, without disturbing area residents. (C) The store frontage shall comply with the visibility requirements o(Section 145.1 (c){6) and the signage requirements of Article 6 o[this Code. In addition, all advertising and signage shall be placed and maintained in a manner that ensures that law enfOrcement personnel have a clear and unobstructed view o(the interior o[the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises. * * * * SEC. 303. CONDITIONAL USES. * * * * {z) Liquor Stores. With regard to the Conditional Use application [or a Liquor Store use, the Planning Commission shall consider, in addition to the criteria set fOrth in subsection (c) above: (A) the existing concentration o(Liquor Store uses within 300 feet ofthe proposed location,· and (B) the availability of General Grocery or Specialty Grocery stores in the area selling alcoholic beverages as well as a range of.[oods. SEC. 752. NCT-3- MODERATE-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. NCT-3 Districts are walkable and transit-oriented moderate- to high-density mixed-use neighborhoods of varying scale concentrated near transit services. The NCT -3 Districts are mixed use districts that support neighborhood-serving eCommercial uUses on Supervisor Mandelman BOARD OF SUPERVISORS Page 5 lower floors and housing above. These districts are well-served by public transit and aim to maximize residential and commercial opportunities on or near major transit services. The district's form can be either linear along transit-priority corridors, concentric around transit stations, or broader areas where transit services criss-cross the neighborhood. Housing density is limited not by lot area, but by the regulations on the built envelope of buildings, including height, bulk, setbacks, and lot coverage, and standards for Residential Uses, including open space and exposure, and urban design guidelines. Residential parking is not required and generally limited. Commercial establishments are discouraged or prohibited from building accessory off-street parking in order to preserve the pedestrian-oriented character of the district and prevent attracting auto traffic. There are prohibitions on access (i.e. driveways, garage entries) to off-street parking and loading on critical stretches of NC and transit streets to preserve and enhance the pedestrian-oriented character and transit function. NCT -3 Districts are intended in most cases to offer a wide variety of comparison and specialty goods and services to a population greater than the immediate neighborhood, additionally providing convenience goods and services to the surrounding neighborhoods. NCT -3 Districts include some of the longest linear commercial streets in the City, some of which have continuous retail development for many blocks. Large-scale lots and buildings and wide streets distinguish the districts from smaller-scaled commercial streets, although the districts may include small as well as moderately scaled lots. Buildings may range in height, with height limits varying from four to eight stories. NCT -3 building standards permit moderately large eCommercial uUses and buildings. Rear yards are protected at residential levels. @ A diversified commercial environment is encouraged for the NCT-3 District, and a wide variety of uses are permitted with special emphasis on neighborhood-serving businesses. Eating and dDrinking, e~ntertainment, and financial service uses generally are Supervisor Mandelman BOARD OF SUPERVISORS Page 6 permitted with certain limitations at the first and second stories. Auto-oriented uses are somewhat restricted. Other retail businesses, personal services and offices are permitted at all stories of new buildings. Limited storage and administrative service activities are permitted with some restrictions. Housing development in new buildings is encouraged above the second story. Existing FB_esidential uUnits are protected by limitations on demolitions and upper-story conversions. Accessory Dwelling Units are permitted within the district pursuant to subsection§: 207(c)(4) and 207(c){6) of this Code. Table 752. MODERATE-SCALE NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT NCT -3 ZONING CONTROL TABLE Zoning Category § References * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * * * * * Entertainment, Arts and Recreation Use Category Entertainment, Arts and Recreation Uses* * * * * Supervisor Mandelman BOARD OF SUPERVISORS § 102 * * * * NCT-3 Controls Controls by Story 1st 2nd NP NP * * * * * * * * 3rd+ NP * * * * Page 7 Arts Activities § 102 £!§1 £NJ2f6f £NJ2{6f ~ * * * * * * * * * * * * * * * * * * * * Institutional Use Category Institutional Uses* § 102 p p p Hospital § 102 c c c Medical Cannabis Dispensary** §§ 102, 202.2(e) DR DR NP PhikmthFepie Admin. SeF'(fiees §-1m NP- NP- NP- P.uh,lir ;fl.ed!:itie.rr §-1m G G G * * * * Sales and Service Use Category Retail Sales and Service §§ 102, 202.2(a) p p p Uses* Liquor Store § 102 Qifu NP NP NP- * * * * * * * * * * * * * * * * * * * * * Not listed below * * * * (5) Liquor Stores operating only with a Type 20 ABC License (Beer and Wine sale only) are exempt from Conditional Use authorization and Principally Permitted. (6) Arts Activities in the NCT-3 District are considered to be "active uses." as defined in Section 145.4-i of this Code. (5) P in the geographie area deseribed as Fl1!xible Retail Zones in Seetion 202. 9. (6) C in the geographie a:Pea deserihed as Flexible Retail Zones in Seetion 202.9. Supervisor Mandelman BOARD OF SUPERVISORS Page 8 SEC. 764. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. The Upper Market Street Neighborhood Commercial Transit District is located on Market Street from Church to Noe Streets, and on side streets off Market. Upper Market Street is a multi-purpose commercial district that provides limited comenience goods and services to adjacent neighborhoods, but also serves as a shopping street for a broader trade area. A large number (}j(}jjices are located on A1arket Street ·within easy transit access to dmmtorvn. The width of Market Street and its use as a major arterial diminish the perception of the Upper Market Street Transit District as a single commercial district. The street appears as a collection of dispersed centers of commercial activity, concentrated at the intersections of Market Street with secondary streets. * * * * The Upper Market Street Transit dDistrict controls are designed to promote moderate- scale development which contributes to the definition of Market Street's design and character. They are also intended to preserve the existing mix of cCommercial uUses and maintain the livability of the district and its surrounding residential areas. Large-lot and use development is reviewed for consistency with existing development patterns. Rear yards are protected at all levels. To promote mixed-use buildings, most cCommercial uUses are permitted with some limitations above the second story. In order to maintain continuous retail frontage and preserve a balanced mix of cCommercial uUses, ground-story neighborhood-serving uses are encouraged, and e~ating and dDrinking, e~ntertainment, and financial service uses are limited. Ground floor-commercial space is required along Market and Church Streets. Most automobile Automotive Service and dDrive-uUp Facility uses are prohibited or conditional. Housing development in new buildings is encouraged above the s,S:econd s,2tory. Existing upper-story rB.esidential uUnits are protected by limitations on demolitions and upper- Supervisor Mandel man BOARD OF SUPERVISORS Page 9 story conversions. Accessory Dwelling Units are permitted within the district pursuant to subsection~ 207(c)(4) and 207(c)(6) of this Code. Table 764. UPPER MARKET STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE Zoning Category § References * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Entertainment, Arts and Recreation Use Category Entertainment, Arts and Recreation Uses* 24musement: Geme AFeede Arts Activities * * * * Entertainment, General * * * * Institutional Use Category Institutional Uses * * * * Philtln#wepie ]4dmin. &r'riees Puhl:ie 1.%eiWies * * * * Supervisor Mandelman BOARD OF SUPERVISORS § 102 f-1-(B § 102 * * * * § 102 * * * * § 102 * * * * f-1-(B f-1-(B * * * * Upper Market Street NCT Controls Controls by Story 1st 2nd 3rd+ NP NP NP G p. NF- P_@ p p * * * * * * * * * * * * PG{8} .f_NF- NP * * * * * * * * * * * * P_{ill E.G c * * * * * * * * * * * * NF- NF- NF- G G G * * * * * * * * * * * * Page 10 Sales and Service Use Category Retail Sales and Service §§ 102, 202.2(a) p p NP Uses* **** **** **** **** **** Bar §§ 102, 202.2(a) em CNF-fA NP * * * * * * * * **** **** Liquor Store § 102 em NP NP **** * * * * * * * * **** * * * * Restaurant §§ 102, 202.2(a) E G(4) C(4) NF- NP Restaurant, Limited §§ 102, 202.2(a) p CNF- NP * * * * * * * * * * * * * * * * * * * * Services, Health § 102 Pill p c * * * * Not listed below * * * * (2) {lllete delet:eri.} C not required i[selling only_ beer and wine and not distilled Sf2irits. * * * * (4) UPPER MARKET STREET LIQUOR LICENSES FOR RESTAURANTS Boundaries: Applicable to the Upper Market Street Neighborhood Commercial Transit District. Controls: A Restaurant Use may only add a Bar use (ABC license types 47, 49 or 751 as a eConditional uUse on the ground level if, in addition to the criteria set forth in Section 303, the Planning Commission finds that the Restaurant is operating as a Bona Fide Eating Place. Should a Restaurant fail to operate as a Bona Fide Eating Place for any length of time, the eConditional uUse authorization fOr the Bar use shall be subject to immediate revocation. * * * * (7) Clinics licensed as community and free clinics as defined under California Health and Safety Code Section 1204(a)(1) and clinics exempt from licensing under California Health and Safety Code Section 1206(b) are Principally Permitted Uses. Other Health Service uses are subject to the provisions of Section 303.1 of this Code. VVithin the Upper Market Street t>JeigheerheeEl Gemrnereial +ransit Qistriet, an e*isting Bar en the grel:lnEl fleer eperating Supervisor Mandelman BOARD OF SUPERVISORS Page 11 I under a Conditional Use authorization may expand to the second floor if: (a) the space to be converted has not been in Residential use within the previous five years, (b) an internal . staircase connecting the ground floor Bar use and the upper floor already exists, and (c) there will be no expansion of the building envelope. (8) Within the ·upper }Jarket }'leighborhood Commercial Transit District, up to four mechanical amusement devices are considered an accessory use and up to ten mechanical amusement devices will be considered an Amusement Game Arcade use. (8) Arts Activities and Institutional Community Uses in the Upper Market Street NCT District are considered to be "active uses," as defined in Section 145.4 of this Code. SEC. 710. NC-1- NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT. * * * * Table 710. NEIGHBORHOOD COMMERCIAL CLUSTER DISTRICT NC-1 ZONING CONTROL TABLE NC-1 Zoning Category § References Controls * * * * NON-RESIDENTIAL USES * * * * Controls by Story 1st /2nd /3rd+ **** Institutional Use Category Institutional Uses* Supervisor Mandelman BOARD OF SUPERVISORS § 102 p lc I NP Page 12 * * * * PhilaRthFef3ie AElFRiR. Ser:viees * * * * * * * * ~ * * * * * * * * * * * * * * * * N-P- N-P- N-P- * * * * * * * * * * * * SEC. 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 718. UPPER FILLMORE STREET NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Zoning Category § References * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * **** Institutional Use Category Institutional Uses * * * * PhilaRthFef3ie AElFRiR. SeFviees * * * * Sales and Service Use Category * * * * Non-Retail Sales and Service* Office, General Supervisor Mandel man BOARD OF SUPERVISORS § 102 * * * * ~ * * * * * * * * § 102 ~ 1st p * * * * p. * * * * * * * * NP NP(1) II 1:'"11 upper I lumore .,,,.,._, Controls Controls by Story 2nd 3rd+ c c * * * * * * * * p. p. **** * * * * * * * * * * * * NP NP NP(1) NP(1) Page 13 I**** I**** I**** I**** I**** * Not listed below (1) [Note deleted.J A General Office use that provides executive, management, administrative, and clerical services and support related to philanthropic activities that serve non-profit institutions and organizations, including activities that may include funding and support of educational, medical, environmentaL culturaL and social services institutions and organizations, is a Permitted Use. Such Uses (a) may not be located on the First Storv of buildings where the most recent prior Use was any Use other than Residential or Office and (b) may be located in a single undivided space not physically separated from a Residential Use. Any Residential Conversion above the First Storv, associated with, or following commencement of such Use. shall be considered a Conditional Use requiring approval pursuant to Section 317. * * * * SEC. 721. JAPANTOWN NEIGHBORHOOD COMMERCIAL DISTRICT. * * * * Table 721. JAPANTOWN NEIGHBORHOOD COMMERCIAL DISTRICT ZONING CONTROL TABLE Zoning Category * * * * NON-RESIDENTIAL USES * * * * Supervisor Mandel man BOARD OF SUPERVISORS Japantown NCO § References Controls Controls by Story Page 14 1st 2nd 3rd+ **** Institutional Use Category Institutional Uses* § 102 p p p * * * * * * * * * * * * * * * * * * * * PhilaRtRFef:)ie AEimiR. Serviees §-4Q2: G p p * * * * * * * * **** * * * * * * * * SEC. 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 754. MISSION STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE Zoning Category * * * * NON-RESIDENTIAL USES * * * * **** Institutional Use Category Institutional Uses* * * * * PhilaRthFeJ3ie AEimiR. Ser-viees Supervisor Mandelman BOARD OF SUPERVISORS § References § 102 * * * * §-4Q2: Mission Street NCT Controls Controls by Story 1st 2nd 3rd+ NP NP NP * * * * * * * * * * * * N?f NP- ~ Page 15 i**** I * * * * i**** i**** i**** * Not listed below * * * * (6) Note deleted. Philanthropic Administrative Services shall not exceed 2,500 gross square feet per use. * * * * SEC. 757. FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 757. FOLSOM STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE Zoning Category * * * * NON-RESIDENTIAL USES * * * * **** Institutional Use Category Institutional Uses* * * * * Philanthropic Admin. Services * * * * Supervisor Mandelman BOARD OF SUPERVISORS §References § 102 * * * * §-4G2: * * * * Folsom Street NCT Controls Controls by Story 1st 2nd 3rd+ NP NP NP * * * * * * * * * * * * -P{8f P{81 NP * * * * * * * * * * * * Page 16 SEC. 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 759. DIVISADERO STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE Divisadero St. NCT Zoning Category § References Controls * * * * NON-RESIDENTIAL USES * * * * Controls by Story 1st 2nd 3rd+ **** Institutional Use Category Institutional Uses* § 102 p c c * * * * * * * * * * * * * * * * * * * * PJ::lilaRtRFef3ie AEJFRiR. SePJiees §-40:2: NP P{2) NP * * * * * * * * * * * * * * * * * * * * SEC. 760. FILLMORE STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT. * * * * Table 760. FILLMORE STREET NEIGHBORHOOD COMMERCIAL TRANSIT DISTRICT ZONING CONTROL TABLE Supervisor Mandel man BOARD OF SUPERVISORS Page 17 Fillmore St. NCT Zoning Category § References Controls * * * * NON-RESIDENTIAL USES * * * * Controls by Story 1st 2nd 3rd+ **** Institutional Use Category Institutional Uses* § 102 p p p * * * * * * * * * * * * * * * * * * * * PRilaRtRFepie AEIFRiR. SePJiees ~ N-P P- N-P * * * * * * * * * * * * * * * * * * * * Section 3. 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 4. 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 Supervisor Mandelman BOARD OF SUPERVISORS Page 18 additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. Section 5. Amendment of Specific Zoning Control Tables. Zoning Control Tables 711. 712, 713,714,715,716, 717,719, 720, 722, 723,724,725,728, 729, 730, 731, 732, 733, 734, 750, 751, 753, 755, 756, 761, 762, and 763 are hereby amended identically to the amendment of Zoning Control Table 710 in Section 2 of this ordinance, to delete Philanthropic Admin. Services from the list of Institutional Uses in the "Controls by Story" section. Section 6. At its regular meeting on July 8, 2019, the Board of Supervisors Land Use and Transportation Committee amended Planning Code Section 145.4. At its subsequent meeting on July 15, 2019, the Committee removed that amendment from this ordinance, so the text of Section 145.4 no longer appears in the ordinance. APPROVED AS TO FORM: DEN N IS/~\~:,~ER/J<ity Attorney t \ !. F-·~, By: \~ \ ',,, , JUDITH A. BOYAJTA1~.r Deputy City Attorney n:\legana\as2019\1900283\01376083,docx Supervisor Mandelman BOARD OF SUPERVISORS Page 19 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 190248 Date Passed: July 30, 2019 Ordinance amending the Planning Code to revise the NCT -3 (Moderate-Scale Neighborhood Commercial Transit) District controls to allow Arts Activities, Philanthropic Administrative Services, and Public Facilities as a principal use on all stories and provide that in this District Arts Activities are considered to be active uses; revise the Upper Market Neighborhood Commercial Transit (NCT) District controls to allow Arts Activities and Institutional Uses as a principal use on all the first and second stories, allow Institutional Uses as a principal use on the first and second stories and as a conditional use on the third story and above, and to allow General Entertainment as a principal use on the first and second stories, delete the note for an existing ground-floor bar, and require a health service use on the first story that is not a licensed community or free clinic to comply with formula retail controls; delete the Upper Market NCT District from the requirements for ground floor commercial uses; modify the requirements for liquor stores and bars in the NCT-3 and Upper Market Street NCT Districts, add additional conditional use criteria for liquor stores and require liquor stores to comply with standard location and operating conditions, and add additional uses to the definition of Open Air Saies; deiete Phiianthropic Administrative Services from the Code as a separately-defined Institutional Use; 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 adopting findings of public necessity, convenience, and general welfare under Planning Code, Section 302. July 08, 2019 Land Use and Transportation Committee- AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE July 08, 2019 Land Use and Transportation Committee- CONTINUED AS AMENDED July 15, 2019 Land Use and Transportation Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE July 15, 2019 Land Use and Transportation Committee- RECOMMENDED AS AMENDED July 23, 2019 Board of Supervisors- PASSED ON FIRST READING Ayes: 11 -Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton and Yee July 30, 2019 Board of Supervisors-FINALLY PASSED City and County of San Francisco Ayes: 10- Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani and Yee Excused: 1 - Walton Pagel Printed at 1:29pm on 7131/19 File No. 190248 London N. Breed Mayor City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 7/30/2019 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 1:29pm on 7/31/19