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City and County of San Francisco
Public Hearings 
 

September 20, 2012 - Regular Meeting (Correction)

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CORRECTION

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, September 20, 2012

12:00 PM

Regular Meeting

 

                                                                       

                                 President:                        Rodney Fong

         Vice-President:                 Cindy Wu

                                 Commissioners:                Michael J. Antonini; Gwyneth Borden; Rich Hillis,

                                                                        Kathrin Moore; Hisashi Sugaya

 

Commission Secretary: Linda D. Avery

Commission Calendars are available on the Internet at http://www.sfgov.org/planning
or as a recorded message at (415) 558-6422.

Case reports and relevant materials are linked to the items on calendar at the above web site.

 

View the meeting online at:  http://www.sfgov.org/site/sfgtv_index.asp

Or

View the broadcast live, Thursdays on Cable Channel 78.

And

The re-broadcast on Fridays at 8:00 p.m., Cable Channel 26

 

THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT THE PLANNING DEPARTMENT
1650 MISSION STREET, 4TH FLOOR RECEPTION

 

 

Commission Meeting Procedures

 

Material submitted by the public for Commission review prior to a scheduled hearing should be received by the Planning Department reception counter at 1650 Mission Street, 4th floor, no later than 5:00 PM the Wednesday (eight days) prior to the scheduled public hearing.  Persons unable to attend a hearing may submit written comments regarding a calendared item to: Planning Commission, 1650 Mission Street, Suite 400, San Francisco, CA  94103-2414.  Comments received by 9:30 AM on the day of the hearing will be made part of the official record and will be brought to the attention of the Planning Commission at the public hearing.  Otherwise, submit material related to a calendared item at the scheduled hearing for distribution.  For complete distribution to all Commissioners, necessary staff and case/docket/correspondence files, submit an original plus 10 copies.  When sending e-mail correspondence to Commissioners, please copy the Commission Secretary at:  linda.avery@sfgov.org

 

Pursuant to Government Code Section 65009, if you challenge, in court, (1) the adoption or amendment of a general plan, (2) the adoption or amendment of a zoning ordinance, (3) the adoption or amendment of any regulation attached to a specific plan, (4) the adoption, amendment or modification of a development agreement, or (5) the approval of a variance, conditional-use authorization, or any permit, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission, at, or prior to, the public hearing.

 

Commission action on conditional-uses and reclassification may be appealed to the Board of Supervisors within 30 days.  Call (415) 554-5184 for more information.  Commission actions after Discretionary Review may be appealed to the Board of Appeals within 15 days of action by the Central Permit Bureau. Call (415) 575-6880 for more information.  Zoning Administrator action on a variance application may be appealed to the Board of Appeals within 10 days of issuance of the written decision.

 

The Commission has instituted a policy that, in most cases, they will not call an item for consideration after 10:00 PM.  If an item is scheduled but not called or introduced prior to 10:00 PM, the Commission may continue the matter to the next available hearing.  Items listed on this calendar will not be heard before the stated time.

 

Policy on Commissioner’s requests for hearings:  There must be consensus of the Commission (four commissioners) or direction from the President/Chair to schedule a hearing that otherwise would not be scheduled.

 

Cell Phone and/or Sound-Producing Electronic Devices Usage at Hearings

Effective January 21, 2001, the Board of Supervisors amended the Sunshine Ordinance by adding the following provision:  The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting.  Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices (67A.1 Prohibiting the use of cell phones, pagers and similar sound-producing electronic devices at and during public meetings).

 

For more information related to Planning Commission matters, please call Linda D.  Avery, Commission Secretary, at (415) 558-6407.

 

San Francisco Lobbyist Ordinance

Attention: Individuals and entities that influence or attempt to influence local legislative or administrative action my be required by the San Francisco Lobbyist Ordinance [SF Campaign and Governmental Conduct Code Section 21.00-2.160] to register and report lobbying activity.  For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; and web site http//www.sfgov.org/ethics.

 

Accessible Meeting Policy

Hearings are held at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 400, fourth floor, San Francisco, CA.  The closest accessible BART station is the Civic Center station located at the intersection of Market, Hyde and Grove Streets.  Accessible curbside parking has been designated at points along McAllister Street. Accessible MUNI lines serving City Hall are the 9 San Bruno and 71 Haight/Noriega and the F Line.  Accessible MUNI Metro lines are the J, K, L, M, and N.  For more information regarding MUNI accessible services, call (415) 923-6142.  Requests for American Sign Language interpreters, sound enhancement systems and/or language translators will be available upon request by contacting Lulu Hwang at (415) 558-6318 at least 48 hours prior to a hearing.  A sound enhancement system will be available upon request at the meetings.  Please contact Services for the Deaf and Hearing Impaired at 557-5533 (TDD) or 557-5534 (Voice) at least 48 hours prior to the meeting.  Late requests will be honored if possible.  A person who is deaf or hearing impaired may gain meeting information prior to the meeting by calling 557-4433 (TDD) or 557-4434 (Voice).  In addition, the California Relay Service can be used by individuals with hearing and speech impairments by calling 1-800-735-2929 (TDD) or 1-800-735-2922 (Voice).  Minutes of the meetings are available in alternative formats.  If you require the use of a reader during the meeting, please contact the Library for the Blind and Print Handicapped at 292-2022 at least 48 hours in advance of need.  Accessible seating for persons with disabilities (including those using wheelchairs) will be available at meetings.  Individuals with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility.  In order to assist the City’s efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical-based products.  Please help the City to accommodate these individuals.

 

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decisions in full view of the public.  Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business.  This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.

 

For more information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Adele Destro, Interim Administrator, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-7854 or by E-mail at sotf@sfgov.org.

 

Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San Francisco Library and on the City’s website at www.sfgov.org/bdsupvrs/sunshine.

 

COMMUNICATIONS

Note: Each item on the Consent or Regular calendar may include the following documents:

   1) Planning Department Case Executive Summary

   2) Planning Department Case Report

   3) Draft Motion or Resolution with Findings and/or Conditions

   4) Public Correspondence

These items will be available for review at the Planning Department, 1650 Mission St., 4th floor reception.

12:00 PM   _________

 

ROLL CALL:                                                     

                                 President:                        Rodney Fong

         Vice-President:                 Cindy Wu

                                 Commissioners:                Michael J. Antonini; Gwyneth Borden; Rich Hillis;

                                                                        Kathrin Moore; Hisashi Sugaya

 

A.            CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

 

The Commission will consider a request for continuance to a later date.  The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.

 

1.             2012.0145C                                                                          (S. VELLVE: (415) 558-6263)

1727 HAIGHT STREET - south side between Cole and Shrader Streets; Lot 023 in Assessor’s Block 1248 - Request for Conditional use authorization, pursuant to Planning Code Sections 186.1 (expansion of  nonconforming use), 228.4 (discontinuance of a single-screen movie theatre), 719.21 (use size exceeding 2,500 square feet), 719.48 (Other Entertainment), and 303, to allow the expansion of a restaurant/bar (dba The Alembic Bar) into the former Red Vic theatre area, create an event space allowing “other entertainment” at the rear of the building and create retail space at the front of the approximately 4,800 square foot one-story wholly commercial building within the Haight Street Neighborhood Commercial District, The Haight Street Alcohol Restricted Use Subdistrict (RUSD) and 40-X Height and Bulk District.  Expansion of the building is not proposed.

                        Preliminary Recommendation: Approval with Conditions

            (Proposed for Continuance to October 4, 2012)

 

2.         2012.0928DDD                                                                     (R. SUCRE: (415) 575-9108)

2000 20th STREET - northwest corner of De Haro and 20th Streets, Lot 023 in Assessor's Block 4072 - Request for Discretionary Review of Building Permit Application No. 2010.12.01.5856 (Alteration) proposing to construct a one-story vertical addition on an existing two-story building containing one dwelling unit within the RM-1 (Residential, Mixed, Low Density) Zoning District and the 40-X Height and Bulk District.

Full Discretionary Review

Preliminary Recommendation:  Pending

(Proposed for Continuance to October 11, 2012)

 

3a.        2012.0110CEV                                                                     (M. SMITH: (415) 558-6322)

2175 MARKET STREET - southeast corner of Market and 15th Streets; Lot 011 in Assessor’s Block 3543 - Request for Conditional Use Authorization,  pursuant  to  various Planning  Code  Sections:  Sec. 207.6,  for an exception  to  the  dwelling mix requirement;  Sec. 733.11, to develop a lot exceeding 9,999 square feet; Sec. 733.44,  to establish a Restaurant use; and Sec. 303, for  a  project  proposing  to  demolish  an  existing gas station and construct a new 65-foot-tall, six-story, approximately 79,945-square-foot (104,413 -square-feet including parking), mixed-use building  containing  88 dwelling units and approximately 7,300 square feet of retail space  at  the  ground floor, a portion of which would be occupied by a yet to be determined restaurant use as defined in Section 790.91 of the Code.  The proposed building would contain 44 off-street parking spaces within an underground parking garage and provide approximately 7,100 square feet of common usable open space.  The project site is located within the Upper Market Street NCT (Neighborhood Commercial Transit) District and a 65-X/40-X Height and Bulk District and within the Market and Octavia Area Plan.  CEQA (California Environmental Quality Act) Findings will also be adopted as part of the project approvals.

Preliminary Recommendation:  Approval with Conditions

            (Continued from Regular Meeting of September 6, 2012)

(Proposed for Continuance to October 4, 2012)

 

3b.       2012.0110CEV                                                                    (M. Smith: (415) 558-6322)

2175 MARKET STREET - southeast corner of Market and 15th Streets; Lot 011 in Assessor’s Block 3543 - Request for Variances from various Planning Code Sections: Sec. 134, for rear yard; Sec. 145.1, for a ground floor  non-residential  ceiling  height  that  is  less than 14-feet in height; Sec. 135, for  open  space  exposure;  and Sec. 140, for dwelling unit exposure for a project  proposing  to  demolish  an  existing  gas station and construct a new 65-foot-tall, six-story, approximately 79,945-square-foot (104,413 -square-feet including parking), mixed-use building  containing  88 dwelling units and approximately 7,300 square feet of retail space  at  the  ground floor, a portion of which would be occupied by a yet to be determined restaurant use as defined in Section 790.91 of the Code.  The proposed building would contain 44 off-street parking spaces within an underground parking garage and provide approximately 7,100 square feet of common usable open space.  The project site is located within the Upper Market Street NCT (Neighborhood Commercial Transit) District and a 65-X/40-X Height and Bulk District and within the Market and Octavia Area Plan.

            (Continued from Regular Meeting of September 6, 2012)

(Proposed for Continuance to October 4, 2012)

 

4.         2012.0211D                                                                 (G. CABREROS: (415) 558-6169)

2764 GREENWICH STREET - north side between Broderick and Baker Streets; Lot 053 in Assessor's Block 0939 - Request for Discretionary Review of Building Permit Application No. 2010.03.24.8854 proposing to construct front and rear horizontal additions and a vertical addition to the existing three-story, single-family dwelling within the RH-2 (Residential, House, Two-Family) Zoning District and the 40-X Height and Bulk District.

Staff Analysis: Abbreviated Discretionary Review

Preliminary Recommendation:  Do not take Discretionary Review and Approve

(Continued from Regular Meeting of June 28, 2012)

(Proposed for Continuance to May 2, 2013)

 

B.         CONSENT CALENDAR

 

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and will be acted upon by a single roll call vote of the Commission.  There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing

 

5.        2012.0371B                                                                    (D. SÁNCHEZ: (415) 575-9082)

100 POTRERO AVENUE – southwest corner of Alameda Street and Potrero Avenue, Lot 001 in Assessor's Block 3920 - Request for Office Development Authorization pursuant to Planning Code Sections 179.1 and 321 to establish 70,070 gross square feet of office use under the Eastern Neighborhoods Legitimization Program in the PDR-1-G (Production, Distribution, Repair - General) District and 58-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

                        (Continued from Regular Meeting of September 13, 2012)

 

6.         2007.0039E                                                                          (S. SMITH: (415) 558-6373)

SAN ANTONIO BACKUP PIPELINE - Certification of the Final Environmental Impact Report - The San Francisco Public Utilities Commission (SFPUC) is proposing the San Antonio Backup Pipeline (SABPL) project. The project would provide reliable conveyance capacity for discharges of water out of the SFPUC regional water system. Proposed improvements include a 7,000-foot-long backup pipeline, discharge facilities, a pump station and wet well, ancillary pipelines, and a cutoff wall to facilitate water management in an existing quarry pit. All project components would be located in the Sunol Valley, an unincorporated area of Alameda County, on lands owned by the City and County of San Francisco and managed by the SPFUC.

Preliminary Recommendation: Certify the Environmental Impact Report.

 

C.         COMMISSIONERS’ QUESTIONS AND MATTERS

 

7.         Commission Comments/Questions

·         Inquiries/Announcements.  Without discussion, at this time Commissioners may make announcements or inquiries of staff regarding various matters of interest to the Commissioner(s).

·         Future Meetings/Agendas.  At this time, the Commission may discuss and take action to set the date of a Special Meeting and/or determine those items that could be placed on the agenda of the next meeting and other future meetings of the Planning Commission.

 

D.         DIRECTOR’S REPORT

 

8.         Director’s Announcements

           

9.         Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.

 

10.        2010.0493E                                                                                     (J. NAVARRETE:  575-9040)

THE 34th AMERICA’S CUP PROJECT – Informational Item.  The 34th America’s Cup project sponsors—the City and County of San Francisco (CCSF or City) and the America’s Cup Event Authority—are hosting the 34th America’s Cup (AC34) sailing races in San Francisco Bay. A series of AC34 yacht races would be held in San Francisco Bay in 2012 (America’s Cup World Series) and in 2013 (Louis Vuitton Cup, America’s Cup Challenger Series; potential America’s Cup Defender Selection Series; and the Match). Several of the venues proposed for the AC34 events are piers, water areas, and facilities managed by the Port of San Francisco (Port) including piers and water basins/water areas on the northeastern waterfront and Pier 80. The project is being coordinated with the Port's construction of the James R. Herman Cruise Terminal on Piers 27-29, which began construction in early 2012, and the shell and core of the cruise terminal structure is proposed to be used in 2013 as part of the America's Cup Village. Various other venues are proposed for spectator‑related activities, some of which are under the jurisdiction of other city, state or federal agencies, including Marina Green, Fort Mason, Aquatic Park, Alcatraz Island, San Francisco Civic Center, Union Square, and Justin Herman Plaza.

Most of the facilities required to accommodate the two-year event would be temporary improvements to be removed at the conclusions of the events, although certain permanent infrastructure improvements would be required at some of the proposed venue sites within the Port's jurisdiction. The proposed project also includes a number of implementation plans that address transportation management, waste management, parks coordination and management, sustainability, water and air traffic, public safety, youth involvement, and workforce development.

Preliminary Recommendation: No action required.

 

E.         GENERAL PUBLIC COMMENT – 15 MINUTES

 

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items.  With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting.  Each member of the public may address the Commission for up to three minutes.

 

F.         PUBLIC COMMENT ON AGENDA ITEMS WHERE THE PUBLIC HEARING HAS BEEN CLOSED

 

            At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed, must do so at this time.  Each member of the public may address the Commission for up to three minutes.

 

G.            CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED

 

11.        2012.0033U                                                                 (k. dischinger: (415) 558-6284)

            218 – 220 BUCHANAN STREET (aka 55 LAGUNA STREET) IN-KIND AGREEMENT - the Project sponsor requests a waiver from the impact fee obligation under Section 421.3 Market and Octavia Community Infrastructure Impact Fee, per the City and the Project Sponsors "In-Kind Agreement" for the provision of a new public park, community center, and community garden at 55 Laguna Street. This project is within the Market and Octavia Plan Area. The proposed improvements were approved by the Planning Commission; approval of this agreement will formalize the community improvements agreement. Preliminary Recommendation: Approval

            (Continued from Regular Meeting of August 16, 2012)

NOTE: On August 16, 2012, following public testimony, the Commission took a motion of intent to approve by a vote of (+5 -0). Commissioners Borden and Moore were absent. Final Language: 9/20/12.  

 

H.            REGULAR CALENDAR 

 

12.        2012.1066U                                                                           (A. STARR: (415) 558-6362)

The Planning Commission will consider a proposed Ordinance that would amend the San Francisco Administrative Code, by adding Chapter 39, Sections 39.1 through 39.9, to establish the San Francisco Right to Revitalized Housing Ordinance and set City policy regarding the Right to Return to Revitalized Public Housing Units.  The proposed Ordinance is before the Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors.

Preliminary Recommendation: No Action at This Time

 

13.        2011.0705L                                                                    (M. CORRETTE: 415/558-6295)

MARKET STREET MASONRY DISCONTIGUOUS DISTRICT - Market and Franklin Streets between Fell Street, Van Ness Avenue and Valencia Street..  Historic Preservation Commission Referral to Planning Commission for Recommendation on Landmark Designation of the following eight buildings (Assessor Parcel Number Block/Lot): 150 Franklin Street (0834/012); 20 Franklin street aka 1580-1598 Market Street (0836/010); 1649-1651 Market Street (3504/001); 1657 Market Street (3504/046); 1666-1668 Market Street (0854/004); 1670-1680 Market Street (0854/005); 1687 Market Street (3504/040) and 1693-1695 Market Street (3504/038) as an Article 10 Landmark District pursuant to Section 1004.2(c) of the Planning Code. The Planning Commission's comments shall (i) address the consistency of the proposed designation with the policies embodied in the General Plan and the priority policies of Section 101.1 of the Planning Code, particularly the provision of housing to meet the City's Regional Housing Needs Allocation, and the provision of housing near transit corridors; (ii) identify any amendments to the General Plan necessary to facilitate adoption of the proposed designation; and (iii) evaluate whether the district would conflict with the Sustainable Communities Strategy for the Bay Area. Consideration by the Board of Supervisors will occur at a public hearing and will be noticed separately for a future date.

Preliminary Recommendation: Approval.

 

14.        2011.0148E                                                                          (D. LEWIS: (415) 575-9095)

Minnie and Lovie Ward Playfields Renovation - 650 Capitol Avenue  - intersection of Capitol and Montana Avenues; Lot 1 in Assessor’s Block 7068 - Appeal of a Preliminary Mitigated Negative Declaration. The San Francisco Recreation and Park Department is proposing to renovate this 6.1-acre public sports facility, involving the replacement of grass playfields with synthetic turf and the installation of twelve 60- to 80-foot-tall light standards. The project would also include the following: replacement of bleachers;  replacement of the metal chain link fence with black vinyl fence; replacement of baseball backstops and dugout areas; installation of new spectator amenities; improvement of pedestrian walkway and other infrastructure; and removal and replacement of up to 21 on-site trees. The project site is located in a Public Use District and a 40-X Height and Bulk District.

Preliminary Recommendation: Uphold the Preliminary Mitigated Negative Declaration

(Continued from Regular Meeting of June 28, 2012)

 

15.        2011.0277C                                                                      (M. WOODS: (415) 558-6315)

2750 JACKSON STREETnorthwest corner at Scott Street; Lot 018 in Assessor’s Block 0978 -  Request for Conditional Use Authorization pursuant to Planning Code Sections 209.3(g), 209.9(b), 303 and 304 to authorize a Planned Unit Development to allow the expansion of a private elementary and middle school (Town School for Boys), consisting of excavation for a new multi-purpose room and the renovation of existing facilities, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The project requires modifications to the rear yard and parking requirements of the Planning Code. 

Preliminary Recommendation: Approval with Conditions

                        (Continued from Regular Meeting of September 13, 2012)

           

16.        2012.0206C                                                                            (M. SMITH: (415) 558-6322)

2299 MARKET STREET - south side of the intersection of Market, Noe, and 16th Streets, Lot 091 in Assessor's Block 3564 - Request for Conditional Use Authorization -pursuant to Planning Code Sections 703.4, 721.21, 721.49 and 303 to establish an approximately 3,300 square-foot, formula retail, bank (d.b.a. “Bank of the West”) in the vacant ground floor commercial space of a newly constructed mixed-use building that is currently under construction.  The bank would offer ATM service in an area that is recessed from the sidewalk.  The subject property is located within the Upper Market Street Neighborhood Commercial District and a 50-X Height and Bulk District. 

Preliminary Recommendation: Approval with Conditions

                       

17.        2012.0876D                                                                         (M. SMITH: (415) 558-6322)

613 FAXON AVENUE - west side between Ocean Avenue and Elmwood Way; Lot 010 in Assessor's Block 3191 - Request for Discretionary Review of Building Permit Application No. 2012.04.18.8543 proposing to convert the existing vacant commercial space into an approximately 2,000 square-foot restaurant use d.b.a “Champa Garden”.  The project includes interior and exterior tenant improvements to the space but would not enlarge the building.  The proposed use has been determined not to be a formula retail use.  The subject property is located within the Ocean Avenue NCT (Neighborhood Commercial, Transit) District, a 45-X Height and Bulk District, and the Balboa Park Area Plan.

Staff Analysis: Full DR

Preliminary Recommendation:  Do not take Discretionary Review and Approve

 

 

18.        2011.1050DD                                                                      (A. STARR: (415) 558-6362)

2807 CLAY STREET - south side between Divisadero and Scott Streets; Lot 036 in Assessor's Block 1003 - Requests for Discretionary Review of Building Permit Application No. 2011.02.04.9665 proposing to extend the existing first and second floors approximately 29 feet to the rear and construct a one-story vertical addition that will be set back approximately 23.5 feet from the front bay window and extend to the new rear wall of the first and second floors of the two-story, two-unit building within the RH-3 (Residential, House, Three-Family) Zoning District and 40-X Height and Bulk District.

Staff Analysis:  Abbreviated Discretionary Review

Preliminary Recommendation:  Do not take Discretionary Review and approve

                        (Continued from Regular Meeting of September 13, 2012)

 

I.          PUBLIC COMMENT

 

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items.  With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception.  When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar.  Each member of the public may address the Commission for up to three minutes.

 

The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment.  In response to public comment, the commission is limited to:

 

(1)  responding to statements made or questions posed by members of the public; or

(2)  requesting staff to report back on a matter at a subsequent meeting; or

(3)   directing staff to place the item on a future agenda.  (Government Code Section 54954.2(a))

 

Adjournment

 

 
Last updated: 9/17/2012 11:59:39 AM