# Board of Supervisors Minutes: December 13, 2011 - Meeting date: 2011-12-13 - Document type: minutes - Source format: PDF - Extracted pages: 40 - [Canonical HTML transcript](https://sfbos.info/documents/2131/2011-12-13-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2011/m121311.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 111125: Public Hearing - Conditional Use Appeal - 3901 Mission Street - Pages: 15-16 ### File 111126: Approving Planning Commission Decision Related to Conditional Use Authorization - 3901 Mission Street - Pages: 16-17 - Vote 1: tabling - Action: 111126 [Approving Planning Commission Decision Related to Conditional Use Authorization - 3901 Mission Street] Motion approving decision of the Planning Commission by its Motion No. 18442, approving Conditional Use Authorization identified as Planning Case No. 2011.0664C on property located at 3901 Mission Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Mar, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Kim, Mar, Mirkarimi, Wiener - Noes: Chu, Cohen, Elsbernd, Farrell - Vote 2: rescission - Action: Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 3: tabling - Action: Supervisor Wiener, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ### File 111127: Disapproving Planning Commission Decision Related to Conditional Use Authorization - 3901 Mission Street, Approving Conditional Use With Additional Conditions - Pages: 17-18 - Vote 1: amendment - Action: 111127 [Disapproving Planning Commission Decision Related to Conditional Use Authorization - 3901 Mission Street, Approving Conditional Use With Additional Conditions] Motion disapproving decision of the Planning Commission by its Motion No. 18442, approving Conditional Use Authorization identified as Planning Case No. 2011.0664C on property located at 3901 Mission Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Wiener, seconded by Supervisor Cohen, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: - Ayes: Chiu, Chu, Cohen, Elsbernd, Farrell, Wiener - Noes: Avalos, Campos, Kim, Mar, Mirkarimi - Vote 2: rescission - Action: Supervisor Campos, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 3: amendment - Action: Supervisor Wiener, seconded by Supervisor Cohen, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion FAILED by the following vote: - Ayes: Chu, Cohen, Elsbernd, Farrell, Wiener - Noes: Avalos, Campos, Chiu, Kim, Mar, Mirkarimi - Vote 4: rescission - Action: Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 5: approval, likely final - Action: Supervisor Campos, seconded by Supervisor Mar, moved that this Motion be APPROVED. The motion FAILED by the following vote: - Ayes: Avalos, Campos, Chiu, Kim, Mar, Mirkarimi, Wiener - Noes: Chu, Cohen, Elsbernd, Farrell - Vote 6: rescission - Action: Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 7: amendment - Action: Supervisor Wiener, seconded by Supervisor Farrell, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener - Vote 8: approval, likely final - Action: Motion disapproving decision of the Planning Commission by its Motion No. 18442, approving Conditional Use Authorization identified as Planning Case No. 2011.0664C on property located at 3901 Mission Street, approving Conditional Use Authorization identified as Planning Case No. 2011.0664C on property located at 3901 Mission Street subject to all of the conditions imposed by the Planning Commission by its Motion No. 18448, and further subject to additional conditions imposed by the Board of Supervisors on December 13, 2011. (Clerk of the Board) Motion No. M11-175 Supervisor Wiener, seconded by Supervisor Farrell, moved that this Motion be APPROVED AS AMENDED. The motion carried by the following vote: - Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener ## Extracted text ### [Page 16](https://sfbos.info/documents/2131/2011-12-13-minutes#page-16) Board of Supervisors Meeting Minutes 12/13/2011 111126 [Approving Planning Commission Decision Related to Conditional Use Authorization - 3901 Mission Street] Motion approving decision of the Planning Commission by its Motion No. 18442, approving Conditional Use Authorization identified as Planning Case No. 2011.0664C on property located at 3901 Mission Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Mar, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Kim, Mar, Mirkarimi, Wiener Noes: 4 - Chu, Cohen, Elsbernd, Farrell Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Supervisor Wiener, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 1045 Printed at 11:04 am on 1/25/12 ### [Page 17](https://sfbos.info/documents/2131/2011-12-13-minutes#page-17) Board of Supervisors Meeting Minutes 12/13/2011 111127 [Disapproving Planning Commission Decision Related to Conditional Use Authorization - 3901 Mission Street, Approving Conditional Use With Additional Conditions] Motion disapproving decision of the Planning Commission by its Motion No. 18442, approving Conditional Use Authorization identified as Planning Case No. 2011.0664C on property located at 3901 Mission Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Wiener, seconded by Supervisor Cohen, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 6 - Chiu, Chu, Cohen, Elsbernd, Farrell, Wiener Noes: 5 - Avalos, Campos, Kim, Mar, Mirkarimi Supervisor Campos, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Supervisor Wiener, seconded by Supervisor Cohen, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion FAILED by the following vote: Ayes: 5 - Chu, Cohen, Elsbernd, Farrell, Wiener Noes: 6 - Avalos, Campos, Chiu, Kim, Mar, Mirkarimi Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Supervisor Campos, seconded by Supervisor Mar, moved that this Motion be APPROVED. The motion FAILED by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Kim, Mar, Mirkarimi, Wiener Noes: 4 - Chu, Cohen, Elsbernd, Farrell Supervisor Elsbernd, seconded by Supervisor Mirkarimi, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Supervisor Wiener, seconded by Supervisor Farrell, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener Motion disapproving decision of the Planning Commission by its Motion No. 18442, approving Conditional Use Authorization identified as Planning Case No. 2011.0664C on property located at 3901 Mission Street, approving Conditional Use Authorization identified as Planning Case No. 2011.0664C on property located at 3901 Mission Street subject to all of the conditions imposed by the Planning Commission by its Motion No. 18448, and further subject to additional conditions imposed by the Board of Supervisors on December 13, 2011. (Clerk of the Board) Motion No. M11-175 Supervisor Wiener, seconded by Supervisor Farrell, moved that this Motion be APPROVED AS AMENDED. The motion carried by the following vote: Ayes: 11 - Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener City and County of San Francisco Page 1046 Printed at 11:04 am on 1/25/12