# Board of Supervisors Minutes: November 16, 2010 - Meeting date: 2010-11-16 - Document type: minutes - Source format: PDF - Extracted pages: 40 - [Canonical HTML transcript](https://sfbos.info/documents/2037/2010-11-16-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m111610.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 101041: Public Hearing - Appeal of Determination of Exemption from Environmental Review for 10 Bernal Heights Boulevard - Pages: 15-16 ### File 101042: Affirming the Exemption Determination for 10 Bernal Heights Boulevard - Pages: 16 - Vote 1: approval, likely final - Action: 101042 [Affirming the Exemption Determination for 10 Bernal Heights Boulevard] Motion affirming the determination by the Planning Commission that the project located at 10 Bernal Heights Boulevard is exempt from environmental review. (Clerk of the Board) Motion No. M10-170 Supervisor Campos, seconded by Supervisor Maxwell, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell - Noes: Daly, Mar, Mirkarimi ### File 101043: Reversing the Exemption Determination Issued for 10 Bernal Heights Boulevard - Pages: 16 - Vote 1: tabling - Action: 101043 [Reversing the Exemption Determination Issued for 10 Bernal Heights Boulevard] Motion reversing the determination by the Planning Commission that the 10 Bernal Heights Boulevard project is exempt from environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Maxwell, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell - Noes: Daly, Mar, Mirkarimi ### File 101044: Preparation of Findings to Reverse the Exemption Determination for the 10 Bernal Heights Boulevard Project - Pages: 16-17 - Vote 1: tabling - Action: 101044 [Preparation of Findings to Reverse the Exemption Determination for the 10 Bernal Heights Boulevard Project] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Commission that the project located at 10 Bernal Heights Boulevard is exempt from environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Maxwell, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell - Noes: Daly, Mar, Mirkarimi ### File 101045: Public Hearing - Conditional Use Appeal for 10 Bernal Heights Boulevard - Pages: 17 ### File 101046: Approving Planning Commission Decision Related to Conditional Use Appeal for 10 Bernal Heights Boulevard - Pages: 17-18 - Vote 1: tabling - Action: 101046 [Approving Planning Commission Decision Related to Conditional Use Appeal for 10 Bernal Heights Boulevard] Motion approving the decision of the Planning Commission, by its Motion No. 18131, approving Conditional Use Application No. 2010.0306C on property located at 10 Bernal Heights Boulevard, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi - Absent: Mar ## Extracted text ### [Page 16](https://sfbos.info/documents/2037/2010-11-16-minutes#page-16) Board of Supervisors Meeting Minutes 11/16/2010 101042 [Affirming the Exemption Determination for 10 Bernal Heights Boulevard] Motion affirming the determination by the Planning Commission that the project located at 10 Bernal Heights Boulevard is exempt from environmental review. (Clerk of the Board) Motion No. M10-170 Supervisor Campos, seconded by Supervisor Maxwell, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 8 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell Noes: 3 - Daly, Mar, Mirkarimi 101043 [Reversing the Exemption Determination Issued for 10 Bernal Heights Boulevard] Motion reversing the determination by the Planning Commission that the 10 Bernal Heights Boulevard project is exempt from environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Maxwell, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 8 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell Noes: 3 - Daly, Mar, Mirkarimi 101044 [Preparation of Findings to Reverse the Exemption Determination for the 10 Bernal Heights Boulevard Project] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Commission that the project located at 10 Bernal Heights Boulevard is exempt from environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Maxwell, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 8 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Dufty, Elsbernd, Maxwell Noes: 3 - Daly, Mar, Mirkarimi City and County of San Francisco Page 1016 Printed at 4:30 pm on 12/14/10 ### [Page 17](https://sfbos.info/documents/2037/2010-11-16-minutes#page-17) Board of Supervisors Meeting Minutes 11/16/2010 SPECIAL ORDER 4:00 P.M. Supervisor Mar was noted absent at 5:54 p.m. 101045 [Public Hearing - Conditional Use Appeal for 10 Bernal Heights Boulevard] Hearing of persons interested in or objecting to the decision of the Planning Commission's July 1, 2010, Conditional Use Permit identified as Planning Case No. 2010.0306C, by its Motion No. 18131, under Planning Code Sections 209.6(b) and 303, to install a wireless telecommunications facility consisting of five internet exchange switch antennas on an existing 50-foot tall communications tower at the top of the hill in Bernal Heights Park and to modify the Conditional Use approval under Case No. 2008.1157C to change the number of allowed antennas on the site within the RH-1(D) (Residential, House, Single-Family, Detached) Zoning District, and a 40-X Height and Bulk District, on property located at 10 Bernal Heights Boulevard, Lot No. 003, in Assessor’s Block No. 5548. (District 9) (Filed by Erick Arguello on behalf of the Lower 24th Street Merchant Association, and subscribed by Supervisors Campos, Mar, Chiu, Chu, Mirkarimi, and Avalos.) (Filed August 2, 2010; Companion Measure to File Nos. 101046, 101047, 101048.) The President inquired as to whether any member of the public wished to address the Board. Gail Malinson (Appellant) provided an overview of the appeal, responded to questions raised throughout the discussion, and further requested the Board to approve the appeal. Male Speaker; Robin Mathey; Christine Olsen; Steven Krolik; Chris Houston; David Tornheim; Frank Gregory; Bill Neito; Eric Brooks; Male Speaker; spoke in support of the appeal. Tara Sullivan; Male Speaker (Planning Department) provided an overview of the decision of the Planning Department and responded to questions raised throughout the discussion. Bill Stevens and Paul Allred (Project Sponsors) provided an overview of the project, responded to questions raised throughout the discussion, and further requested the Board to uphold the decision of the Planning Commission. Gail Malinson (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 101046 [Approving Planning Commission Decision Related to Conditional Use Appeal for 10 Bernal Heights Boulevard] Motion approving the decision of the Planning Commission, by its Motion No. 18131, approving Conditional Use Application No. 2010.0306C on property located at 10 Bernal Heights Boulevard, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Maxwell, Mirkarimi Absent: 1 - Mar City and County of San Francisco Page 1017 Printed at 4:30 pm on 12/14/10