# Board of Supervisors Minutes: September 21, 2010 - Meeting date: 2010-09-21 - Document type: minutes - Source format: PDF - Extracted pages: 22 - [Canonical HTML transcript](https://sfbos.info/documents/2023/2010-09-21-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m092110.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 100851: Planning Code - Rehabilitation and Maintenance of Transfer Lots After Sale of Transferable Development Rights; Zoning Map and General Plan Map Amendments - 680 California Street (Old St. Mary's Cathedral) - Pages: 8-9 - Sponsors: Chiu; Maxwell - Vote 1: amendment - Action: nia Street (Old St. Mary's Cathedral)] Sponsors: Chiu; Maxwell Ordinance amending Section 128 of the San Francisco Planning Code to require that proceeds from the sale of Transferable Development Rights (TDR) be spent on rehabilitation and maintenance of the Transfer Lot property, to establish reporting procedures regarding the rehabilitation and maintenance, and to allow the sale of TDR from an individually landmarked building to any lot in a C-3 zoned district except Redevelopment Areas; amending the San Francisco Zoning Map by amending Zoning Use District Map ZN01 to change the use classification of 680 California Street (Old St. Mary's Cathedral), Block No. 0241, Lot Nos. 011 and 012, from Chinatown Visitor Retail District to C-3-0 District and making conforming amendments to the Chinatown and Downtown Area Plans of the San Francisco General Plan; adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. (Planning Department) See File No. 101200. Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Ordinance be DUPLICATED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Campos - Vote 2: amendment - Action: Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Campos - Vote 3: referral - Action: Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Ordinance be RE-REFERRED to the Land Use and Economic Development Committee. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Campos ### File 101200: Planning Code - Preservation, Rehabilitation and Maintenance of Preservation Lots; Zoning Map and General Plan Map Amendments - 680 California Street (Old St. Mary's Cathedral) - Pages: 9 - Vote 1: amendment - Action: and General Plan Map Amendments - 680 California Street (Old St. Mary's Cathedral)] Ordinance amending Section 128 of the San Francisco Planning Code to require that proceeds from the sale of Transferable Development Rights (TDR) be spent on rehabilitation and maintenance of the Transfer Lot property, to establish reporting procedures regarding the rehabilitation and maintenance, and to allow the sale of TDR from an individually landmarked building to any lot in a C-3 zoned district except Redevelopment Areas; amending the San Francisco Zoning Map by amending Zoning Use District Map ZN01 to change the use classification of 680 California Street (Old St. Mary's Cathedral), Block No. 0241, Lot Nos. 011 and 012, from Chinatown Visitor Retail District to C-3-0 District and making conforming amendments to the Chinatown and Downtown Area Plans of the San Francisco General Plan; adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. See File No. 100851. Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Resolution be DUPLICATED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Campos - Vote 2: amendment - Action: Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Campos - Vote 3: amendment - Action: Ordinance amending Section 128 of the San Francisco Planning Code to require that proceeds from the sale of Transferable Development Rights (TDR) be spent on preservation and rehabilitation of the Transfer Lot property, to establish reporting procedures regarding the preservation and rehabilitation, and to allow the sale of TDR from an individually landmarked building to any lot in a C-3 zoned district except Redevelopment Areas; amending the San Francisco Zoning Map by amending Zoning Use District Map ZN01 to change the use classification of 680 California Street (Old St. Mary's Cathedral), Block No. 0241, Lot Nos. 011 and 012, from Chinatown Visitor Retail District to C-3-0 District and making conforming amendments to the Chinatown and Downtown Area Plans of the San Francisco General Plan; adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Resolution be RE-REFERRED to the Land Use and Economic Development Committee. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Excused: Campos ### File 101056: Banning the Sale of Tobacco Products in Pharmacies - Pages: 9-10 - Sponsors: Mar; Dufty and Maxwell - Vote 1: first-reading - Action: 101056 [Banning the Sale of Tobacco Products in Pharmacies] Sponsors: Mar; Dufty and Maxwell Ordinance amending the San Francisco Health Code by amending Sections 1009.91 and 1009.92, by repealing Section 1009.93, and by re-numbering Sections 1009.94, 1009.95, 1009.96, 1009.97, 1009.98, and 1009.99, as Sections 1009.93, 1009.94, 1009.95, 1009.96, 1009.97, and 1009.98, respectively, all to eliminate the exemptions for general grocery stores and big box stores from the general ban on the sale of tobacco products in pharmacies. PASSED ON FIRST READING by the following vote: - Ayes: Avalos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi - Noes: Alioto-Pier, Chu, Elsbernd - Excused: Campos ### File 101070: Gift Acceptance - Building Bocce Courts in Justin Herman Plaza - $61,000 - Pages: 10 - Sponsors: Chiu - Vote 1: adoption, likely final - Action: 101070 [Gift Acceptance - Building Bocce Courts in Justin Herman Plaza - $61,000] Sponsor: Chiu Resolution authorizing the Recreation and Park Department to accept a gift of labor and construction materials with a value of $61,000 from the Laborers Local 261 Community and Training Foundation to build two bocce courts on the lawn in Justin Herman Plaza. Resolution No. 444-10 ADOPTED by the following vote: - Ayes: Alioto-Pier, Avalos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi - Noes: Daly - Excused: Campos ### File 101083: Appeal of Determination of Exemption from Environmental Review for a Project Located at 2514-23rd Avenue - Pages: 10 ### File 101084: Affirming the Exemption Determination for 2514-23rd Avenue - Pages: 10-11 ## Extracted text ### [Page 9](https://sfbos.info/documents/2023/2010-09-21-minutes#page-9) Board of Supervisors Meeting Minutes 9/21/2010 101200 [Planning Code - Preservation, Rehabilitation and Maintenance of Preservation Lots; Zoning Map and General Plan Map Amendments - 680 California Street (Old St. Mary's Cathedral)] Ordinance amending Section 128 of the San Francisco Planning Code to require that proceeds from the sale of Transferable Development Rights (TDR) be spent on rehabilitation and maintenance of the Transfer Lot property, to establish reporting procedures regarding the rehabilitation and maintenance, and to allow the sale of TDR from an individually landmarked building to any lot in a C-3 zoned district except Redevelopment Areas; amending the San Francisco Zoning Map by amending Zoning Use District Map ZN01 to change the use classification of 680 California Street (Old St. Mary's Cathedral), Block No. 0241, Lot Nos. 011 and 012, from Chinatown Visitor Retail District to C-3-0 District and making conforming amendments to the Chinatown and Downtown Area Plans of the San Francisco General Plan; adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. See File No. 100851. Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Resolution be DUPLICATED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos Ordinance amending Section 128 of the San Francisco Planning Code to require that proceeds from the sale of Transferable Development Rights (TDR) be spent on preservation and rehabilitation of the Transfer Lot property, to establish reporting procedures regarding the preservation and rehabilitation, and to allow the sale of TDR from an individually landmarked building to any lot in a C-3 zoned district except Redevelopment Areas; amending the San Francisco Zoning Map by amending Zoning Use District Map ZN01 to change the use classification of 680 California Street (Old St. Mary's Cathedral), Block No. 0241, Lot Nos. 011 and 012, from Chinatown Visitor Retail District to C-3-0 District and making conforming amendments to the Chinatown and Downtown Area Plans of the San Francisco General Plan; adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1. Supervisor Chiu, seconded by Supervisor Mirkarimi, moved that this Resolution be RE-REFERRED to the Land Use and Economic Development Committee. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos 101056 [Banning the Sale of Tobacco Products in Pharmacies] Sponsors: Mar; Dufty and Maxwell Ordinance amending the San Francisco Health Code by amending Sections 1009.91 and 1009.92, by repealing Section 1009.93, and by re-numbering Sections 1009.94, 1009.95, 1009.96, 1009.97, 1009.98, and 1009.99, as Sections 1009.93, 1009.94, 1009.95, 1009.96, 1009.97, and 1009.98, respectively, all to eliminate the exemptions for general grocery stores and big box stores from the general ban on the sale of tobacco products in pharmacies. PASSED ON FIRST READING by the following vote: Ayes: 7 - Avalos, Chiu, Daly, Dufty, Mar, Maxwell, Mirkarimi Noes: 3 - Alioto-Pier, Chu, Elsbernd Excused: 1 - Campos City and County of San Francisco Page 828 Printed at 4:29 pm on 12/14/10 ### [Page 10](https://sfbos.info/documents/2023/2010-09-21-minutes#page-10) Board of Supervisors Meeting Minutes 9/21/2010 101070 [Gift Acceptance - Building Bocce Courts in Justin Herman Plaza - $61,000] Sponsor: Chiu Resolution authorizing the Recreation and Park Department to accept a gift of labor and construction materials with a value of $61,000 from the Laborers Local 261 Community and Training Foundation to build two bocce courts on the lawn in Justin Herman Plaza. Resolution No. 444-10 ADOPTED by the following vote: Ayes: 9 - Alioto-Pier, Avalos, Chiu, Chu, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Noes: 1 - Daly Excused: 1 - Campos SPECIAL ORDER 3:30 P.M. - Recognition of Commendations Privilege of the Floor Supervisor Chiu, seconded by Supervisor Avalos, 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: 10 - Alioto-Pier, Avalos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Excused: 1 - Campos Supervisor Chiu introduced, welcomed, and presented a Certificate of Honor to members of the Black Rock Arts Foundation in recognition of their accomplishments and continued community support. SPECIAL ORDER 4:00 P.M. 101083 [Appeal of Determination of Exemption from Environmental Review for a Project Located at 2514-23rd Avenue] Hearing of persons interested in or objecting to the decision of the Planning Department’s May 5, 2010, Determination of Exemption from Environmental Review, Building Permit No. 2010/05/05/1781, that a project located at 2514-23rd Avenue is exempt from environmental review under Categorical Exemption, Class 3. The proposal would involve structural work to the foundation, roof framing, and the addition of roof dormers, window replacement, and interior work to the building, which is a single-family residence, Lot No. 37, in Assessor’s Block No. 2423. (District 4) (Appellant: Nancy Wuerfel, on behalf of the Sunset Parkside Education and Action Committee (SPEAK)). The President indicated receipt of a letter from the Planning Department, dated September 17, 2010, rescinding their determination of exemption from environmental review. TABLED BY OPERATION OF LAW 101084 [Affirming the Exemption Determination for 2514-23rd Avenue] Motion affirming the determination by the Planning Department that the project located at 2514-23rd Avenue is exempt from environmental review. TABLED BY OPERATION OF LAW City and County of San Francisco Page 829 Printed at 4:29 pm on 12/14/10