# Board of Supervisors Minutes: September 14, 2010 - Meeting date: 2010-09-14 - Document type: minutes - Source format: PDF - Extracted pages: 34 - [Canonical HTML transcript](https://sfbos.info/documents/2021/2010-09-14-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m091410.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 101048: Preparation of Findings Related to the Conditional Use Appeal for 10 Bernal Heights Boulevard - Pages: 13-14 - Vote 1: continuance - Action: 101048 [Preparation of Findings Related to the Conditional Use Appeal for 10 Bernal Heights Boulevard] Motion directing the Clerk of the Board to prepare findings relating to the proposed Conditional Use Application No. 2010.0306C on property located at 10 Bernal Heights Boulevard. (Clerk of the Board) Supervisor Maxwell, seconded by Supervisor Campos, moved that this Motion be CONTINUED to September 28, 2010. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101087: Public Hearing - Conditional Use Appeal for 3150 California Street - Pages: 14 ### File 101088: Approving Planning Commission Decision Related to Conditional Use Appeal for 3150 California Street - Pages: 14-15 - Vote 1: approval, likely final - Action: 101088 [Approving Planning Commission Decision Related to Conditional Use Appeal for 3150 California Street] Motion approving the decision of the Planning Commission, by its Motion No. 18139, approving Conditional Use Application 2010.0357C on property located at 3150 California Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Motion be APPROVED. The motion FAILED by the following vote: - Ayes: Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell - Noes: Avalos, Campos, Chiu, Daly, Mar, Mirkarimi - Vote 2: tabling - Action: Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101089: Disapproving Planning Commission Decision Related to Conditional Use Appeal for 3150 California Street - Pages: 15 - Vote 1: tabling - Action: 101089 [Disapproving Planning Commission Decision Related to Conditional Use Appeal for 3150 California Street] Motion disapproving the decision of the Planning Commission, by its Motion No. 18139, approving Conditional Use Application 2010.0357C on property located at 3150 California Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Motion be TABLED. The motion FAILED by the following vote: - Ayes: Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell - Noes: Avalos, Campos, Chiu, Daly, Mar, Mirkarimi - Vote 2: tabling - Action: Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ### File 101090: Preparation of Findings Related to the Conditional Use Appeal for 3150 California Street - Pages: 15 - Vote 1: tabling - Action: 101090 [Preparation of Findings Related to the Conditional Use Appeal for 3150 California Street] Motion directing the Clerk of the Board to prepare findings relating to the proposed Conditional Use Application No. 2010.0357C on property located at 3150 California Street. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Motion be TABLED. The motion FAILED by the following vote: - Ayes: Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell - Noes: Avalos, Campos, Chiu, Daly, Mar, Mirkarimi - Vote 2: tabling - Action: Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi ## Extracted text ### [Page 14](https://sfbos.info/documents/2021/2010-09-14-minutes#page-14) Board of Supervisors Meeting Minutes 9/14/2010 SPECIAL ORDER 2:30 P.M. 101087 [Public Hearing - Conditional Use Appeal for 3150 California Street] Hearing of persons interested in or objecting to the decision of the Planning Commission's July 8, 2010, Conditional Use Permit identified as Planning Case No. 2010.0357C, by its Motion No. 18139, under Planning Code Sections 303 and 703.3 to allow a Formula Retail Use (dba Pet Food Express) in an NC-2 (Neighborhood Commercial, Small Scale) District and a 40-X Height and Bulk District, on property located at 3150 California Street, Lot No. 013, in Assessor’s Block No. 1022. (District 2) (Filed by Susan Landry on behalf of The Animal Connection II, and subscribed by Supervisors Mar, Maxwell, Avalos, Campos, and Chiu) (Filed August 6, 2010; Companion Measure to File Nos. 101088, 101089 and 101090) The President inquired as to whether any member of the public wished to address the Board. Susan Landry, Bobby Wise, and Kathleen Dooley (Appellants) provided an overview of the appeal and further requested the Board to approve the appeal. Janet Clyde; Shireen Nyolen; Maureen Murray; Eric Brooks; Otto Duffy; Amy Bearg; John Trojan; Andy Farriester; Walter Paulson; Debra Leow; Pamela Habel; Mr. White; spoke in support of the appeal. There were no other speakers in support of the appeal. John Rahaim, Planning Department Director, and Tara Sullivan (Planning Department) provided details of the project and responded to questions raised throughout the discussion. Sean Moore, Michael Levy, and Mike Murray (Project Sponsors) provided details of the project and further requested the Board to uphold the decision of the Planning Commission. Louise Tully; Bob Tandler; Emily Scott Pottruck; Marcy Schaaf; Diane Bode; Joyce Lively; Alexandra Dixon; Deborah Heller; Rebecca Katz, Animal Care and Control Director; Phillip Praugge; Female Speaker; Michael Williams; spoke in support of the project and in opposition to the appeal. There were no other speakers in support of the project. Peter Weaver (Appellant) provided a rebuttal and further requested the Board to approve the appeal. There were no other speakers. The President declared the public hearing closed. HEARD AT PUBLIC HEARING 101088 [Approving Planning Commission Decision Related to Conditional Use Appeal for 3150 California Street] Motion approving the decision of the Planning Commission, by its Motion No. 18139, approving Conditional Use Application 2010.0357C on property located at 3150 California Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Motion be APPROVED. The motion FAILED by the following vote: Ayes: 5 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell Noes: 6 - Avalos, Campos, Chiu, Daly, Mar, Mirkarimi Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi City and County of San Francisco Page 800 Printed at 4:32 pm on 12/14/10 ### [Page 15](https://sfbos.info/documents/2021/2010-09-14-minutes#page-15) Board of Supervisors Meeting Minutes 9/14/2010 101089 [Disapproving Planning Commission Decision Related to Conditional Use Appeal for 3150 California Street] Motion disapproving the decision of the Planning Commission, by its Motion No. 18139, approving Conditional Use Application 2010.0357C on property located at 3150 California Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Motion be TABLED. The motion FAILED by the following vote: Ayes: 5 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell Noes: 6 - Avalos, Campos, Chiu, Daly, Mar, Mirkarimi Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 101090 [Preparation of Findings Related to the Conditional Use Appeal for 3150 California Street] Motion directing the Clerk of the Board to prepare findings relating to the proposed Conditional Use Application No. 2010.0357C on property located at 3150 California Street. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved that this Motion be TABLED. The motion FAILED by the following vote: Ayes: 5 - Alioto-Pier, Chu, Dufty, Elsbernd, Maxwell Noes: 6 - Avalos, Campos, Chiu, Daly, Mar, Mirkarimi Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi SPECIAL ORDER 3:30 P.M. - Recognition of Commendations Privilege of the Floor Supervisor Alioto-Pier, seconded by Supervisor Mar, moved to suspend Rule 4.37 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Supervisor Alioto-Pier introduced, welcomed, and presented a Certificate of Honor to Caesar Caiati in celebration of his 100th birthday. Supervisors Mar and Mirkarimi introduced, welcomed, and presented a Certificate of Honor to Reese Erlich, freelance journalist, in recognition of his accomplishments and continued community support. ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. City and County of San Francisco Page 801 Printed at 4:32 pm on 12/14/10