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December 13, 2001

December 13, 2001

 

SAN FRANCISCO PLANNING COMMISSION


Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, December 13, 2001
1:30 PM
Regular Meeting

President: Anita Theoharis
Vice President: William W. Fay
Commissioners: Roslyn Baltimore; Hector Chinchilla; Cynthia Joe;
Myrna Lim; Jim Salinas, Sr.

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.

To view the hearing in progress on the Internet: http://www.sfgov.org/citywatchonline/

THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT THE PLANNING DEPARTMENT
1660 MISSION STREET, 5TH 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 1660 Mission Street, 5th 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, 1660 Mission Street, Suite 500, San Francisco, CA 94103-2414. Comments received by 11:00 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.

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.

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.

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 10, 47 and 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 72 hours prior to a hearing. 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 Donna Hall, 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 Donna_Hall@ci.sf.ca.us.

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.ci.sf.ca.us/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, 1660 Mission St., 5th floor reception.

1:30 PM _________

ROLL CALL:          Commission President:          Anita Theoharis
          Commission Vice-President:          William W. Fay
Commissioners:          Roslyn Baltimore; Hector Chinchilla; Cynthia Joe;
                    Myrna Lim; Jim Salinas, Sr.

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.          2001.0015Z          (WOODS: 558-6315)
                    1052 OAK STREET - north side between Divisadero and Scott Streets, Lot 5 in Assessor's Block 1216 - Request for reclassification of a portion (approximately 3,136 square feet) of Lot 5 (a part of the Touchless Car Wash site) from NC-2 (Small-Scale Neighborhood Commercial) District to RH-3 (Residential, House, Three-Family) District. Currently, the entire lot area, approximately 4,199 square feet, of Lot 5 is zoned NC-2. This reclassification is to allow the construction of three new residential units in accordance with Planning Commission Motion No. 16036 relating to a prior conditional use authorization approved on November 16, 2000 to expand the car wash.
                    Preliminary Recommendation: Adoption of the Draft Resolution for Reclassification.
                    (Continued from Regular Meeting of October 25, 2001)
                    (Proposed for Continuance to January 17, 2002)

          2.          2001.0894D          (CABREROS: 558-6169)
                    22-24 ANNAPOLIS TERRACE - east side between Turk Street and Golden Gate Avenue, Lot 015 in Assessor’s Block 1163 - Request for Discretionary Review of Building Permit Application No. 2001/0626/2362 proposing an approximately 28-foot long by 25-foot wide horizontal addition at the rear of the existing third floor within the existing footprint of a two-story portion of a two-family residence in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District
                    Preliminary Recommendation: Do not take Discretionary Review and approve project as submitted.
                    (Proposed for continuance to March 7, 2002)

          3.          2000.0254D          (CABREROS: 558-6169)
                    3040 STEINER STREET - east side between Filbert and Union Streets, Lot 050 in Assessor’s Block 0534 -- Request for Discretionary Review of Building Permit Application No. 9913355S, proposing to construct a one-story penthouse measuring approximately 10’ x 15’ (150 square feet) on top of the flat roof of the existing two-unit building, with access to a new 300 square-foot roof deck to contain a spa in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
                    NOTE: Project sponsor has failed to post notification on the subject property and withdrawal of the application is pending. A third continuance is not supported by staff.

          4.          2001.0907DD          (JONES: 558-6477)
                    3647 – 22ND STREET - south side between Sanchez and Vicksburg Streets; Lot 045 in Assessor’s Block 3627 - Request for a Discretionary Review of Building Permit Application 2001/0406/6201 to construct a new third story, a new garage, and the addition of a second unit to the existing two story, single-family dwelling in an RH-2 (Residential, House, Two-Family Dwelling) District and a 40-X Height and Bulk District.
                    Preliminary Recommendation: Do not take Discretionary Review and approve the building permit as submitted.
                    DISCRETIONARY REVIEWS WITHDRAWN

          5.          2001.0829DD          (JONES: 558-6477)
                    3565 MARKET STREET - east side between Grandview Avenue and Romain Street; Lot 002 in Assessor’s Block 2747 - Request for a Discretionary Review of Building Permit Application 2001/0703/2938 to construct a new third story to the existing two story, single-family dwelling in an RH-2 (Residential, House, Two-Family Dwelling) District and a 40-X Height and Bulk District.
                    Preliminary Recommendation: Do not take Discretionary Review and approve the building permit as submitted.
                    DISCRETIONARY REVIEWS WITHDRAWN

B.          COMMISSIONERS' QUESTIONS AND MATTERS

          6.          Consideration of Adoption - draft minutes of November 8 and 15, 2001.

          7.          Commission Matters

C.          DIRECTOR'S REPORT

8.          Director's Announcements

9.          Review of Past Week's Events at the Board of Supervisors and Board of Appeals

          10.          84.448D           (BADINER)
                    Review and confirmation of a Condition of Approval for 1660 Mission Street that required a van-shuttle service and re-authorization of budget allocation for the provision of a van-shuttle service.
                    (Continued from Regular Meeting of December 6, 2001)

D.          CONSENT CALENDAR

The following items appear to be uncontested cases, and as of the date of publication of the Commission Calendar, no letters or phone calls opposing the requested authorization have been received by the Department staff. Following review by the Department, it has been determined that the project complies with the criteria of Section 303 of the Planning Code. The Planning Director's preliminary recommendation is for approval with appropriate conditions. These cases are therefore considered routine and will be acted upon by a single roll call vote of the Commission. There will be no staff presentation nor discussion of these items unless a member of the Planning Commission or the General Public so requests. In the event of a request for discussion, the Planning Commission may entertain limited discussion prior to taking action or continue the matter to another regular scheduled hearing date. The Commission President will announce the date of the hearing at the time the item is removed form the uncontested calendar.

          11.          2001.0985Q          (MASSEHIAN: 558-6363)
                    731- 47th AVENUE - west side between Balboa and Cabrillo Streets, Lot 5 in Assessor’s Block 1597 - Request approval of a six-unit residential condominium conversion subdivision in an RH-2 (Residential, House, Two Family) District and a 40-X Height and Bulk District. The proposal is to change the existing six-unit building to a condominium form of ownership and does not involve expansion, alteration, or demolition of the existing building.
                    Preliminary Recommendation: Approval

          12.          2001.0880Q          (MASSEHIAN: 558-6363)
                    1800 UNION STREET - north side between Octavia and Laguna Streets, Lot 7 in Assessor’s Block 0530 - Request approval of a four-unit residential condominium and one unit commercial condominium conversion subdivision in the Union Street Neighborhood Commercial District and a 40-X Height and Bulk District. The proposal is to change the existing building to a condominium form of ownership and does not involve expansion, alteration, or demolition of the existing building.
                    Preliminary Recommendation: Approval

D.          REGULAR CALENDAR

          13.          2000.965E          (DEAN: 558-5980)
                    949 MARKET STREET - Public Hearing on Draft Environmental Impact Report. The proposed project is the demolition of the existing building at 949-961 Market Street (Assessor's Block 3704, Lot 71), consisting of a 40-foot-high former theater and a 66-foot-high former retail component, and construction of a new 12-story-plus-basement, 119-foot-tall, mixed retail-residential building with 152 dwelling units. Total new construction would be about 241,200 square feet. The proposed project would provide 158 parking spaces and one loading space. The approximately 23,400-square-foot project site is located in the middle of the block on the south side of Market Street between Fifth and Sixth Streets, and is within the C-3-G (Downtown General Commercial) zoning district and the 120-X height and bulk district. The proposed project would require authorization by the Planning Commission pursuant to Planning Code Section 309, Permit Review in C-3 District, and Conditional Use authorization. Note: Written comments will be received at the Planning Department until 5:00 p.m. on December 18, 2001.
                    Preliminary Recommendation: No Action Required

          14.                    (TULLY: 558-6372)
                    CENTRAL WATERFRONT AND DOGPATCH CULTURAL RESOURCE SURVEYS AND CONTEXT STATEMENTS - Public hearing and consideration of adoption of a motion to endorse the Central Waterfront Cultural Resource Survey and Draft Context Statement, and the Dogpatch Cultural Resource Survey and Context Statement. The Planning Department has completed the Central Waterfront and Dogpatch Cultural Resource Surveys -- the first phase of a multi-year effort to document resources found in neighborhoods throughout San Francisco -- through the Department’s Citywide Cultural Resources Survey Program. A cultural resources survey is a planning tool used to identify and document buildings, structures, sites or objects within a set geographic area. Located within the larger Central Waterfront survey boundaries is the Dogpatch neighborhood, which was surveyed separately.
                    The Central Waterfront Cultural Resource Survey documented 140 buildings, structures, sites and objects between: 16th Street to the north, Interstate 280 to the west, Islais Creek to the south and San Francisco Bay to the east, Block/Lots: Block 3941; 3942/2, 3; 3943/3; 3944/4; 3992/2; 3994/1B, 1C, 2, 3; 3995/7, 15; 3996/ 4-6, 15, 18; 3997/3; 3998/17-18; 4042/2; 4043/12A, 13, 16; 4044/2A, 2-4; 4045/2; 4046/1; 4052/1; 4058/5, 9-10; 4059/1A, 1B, 1C, 2B, 9; 4105/9; 4108/3, 3A, 3B, 3D, 3F, 3J, 3M, 3N, 3O, 3R; 4109/1; 4111/1; 4172/3-5, 7, 15-16, 18-21; 4173/1; 4227/31; 4228/10; 4229/2-4; 4231/2; 4241/2-4; 4244/3-4; 4245/1-2; 4246/1; 4247/2; 4296/5; 4310/3; 4314/1A; 4316/2; 4352/7; 4353/9; 4355/6; 4357/3; 4358/7, 9; 4377/1; 4378/6; 9900/1, 68, 70, 84.
          The Dogpatch Cultural Resource Survey documented 123 buildings and structures found between: Minnesota and Tennessee Streets, odd and even addresses, from 18th Street to Tubbs Street, Blocks/Lots: 3996/4; 4043/1, 5-7, 9-14, 17; 4060/15; 4106/1-3, 14-16, 2E, 2F, 2G, 2L, 2M, 2O, 25; 4107/1-21, 2H, 5A, 9A, 11B; 4108/1-5, 12-15, 18-19, 1B, 2A, 2B, 2C, 2I, 2J, 2K, 2N, 3C, 3E, 3G, 3H, 3O, 3P, 14A; and 4171/2-3, 6-11, 34, 34B, 36; 4172/2, 4, 5, 6, 11, 13, 18, 25, 27-29, 32, 35, 011B, 018A, 031, 032.
                    Preliminary Recommendation: Adopt a motion to endorse the Central Waterfront Cultural Resource Survey and Draft Context Statement, and the Dogpatch Cultural Resource Survey and Context Statement.

          15a.          2000.074EKXC          (LeBLANC: 558-6351)
                    77 VAN NESS AVENUE - west side between Fell and Hickory Streets, Lot 22 in Assessor’s Block 834 - Request under Planning Code Section 309 for Determinations of Compliance and Request for Exceptions including an exception to the rear yard requirement as permitted in Code Section 134(d), an exception to the bulk limits of Section 270 as permitted in Section 272, and an exception to ground level wind current requirements set forth in Section 148. The Project would construct an 8-story, approximately 100-foot tall building containing 50 dwelling units, approximately 19,550 square feet of office space, 1,350 square feet of ground floor commercial space, 3,400 square feet of rooftop open space for the residential units, at least 400 square feet of public open space in the lobby, and 58 parking spaces in a street-level parking garage. The Project site is currently used as a surface parking lot for approximately 60 cars. This Project lies within a C-3-G (Downtown General Commercial) District, and is within a 120-F Height and Bulk District.
                    Preliminary Recommendation: Approval with conditions (including limited number of replacement spaces)

          15b.          2000.074EKXC          (LeBLANC: 558-6351)
                    77 VAN NESS AVENUE - west side between Fell and Hickory Streets, Lot 22 in Assessor’s Block 834 - Request for Conditional Use Authorization for parking in excess of the amount allowed as accessory. The Project would construct an 8-story, approximately 100-foot tall building containing 50 dwelling units along with office and retail space. The Project would have one parking space for every residential unit, and eight spaces for short-term commercial use. The Project site is currently used as a surface parking lot for approximately 60 cars. This Project lies within a C-3-G (Downtown General Commercial) District, and is within a 120-F Height and Bulk District.
                    Preliminary Recommendation: Disapproval as proposed, for 50 units with one parking space each. The Department recommends approval of conditional use for a maximum of 25 residential parking spaces for 50 units.

          16a.          2001.0798BX          (DiBARTOLO: 558-6291)
                    555 MISSION STREET - south side of Mission Street between First and Second Streets, with a secondary frontage on Minna Street, Lots 69, 70, 78, 79, 80 and 81 in Assessor’s Block 3721 - Request to modify the original project approved by the Commission on April 5, 2001, granting project authorization under Section 321 of the Planning Code for 499,000 square feet of office space within a 455 foot-high office building. The revised project seeks project authorization under Planning Code Sections 320-325 (Office Development Limitation Program) for the addition of 50,000 gross square feet of office space, totalling 549,000 square feet of office space, by adding three additional floors to the original project, and by increasing the building height from 455 feet to 481.5 feet. The site is located within a C-3-0 (Downtown Commercial, Office) District and a 550-S Height and Bulk District.
                    Preliminary Recommendation: Approval with Conditions

          16b.          2001.0798BX          (DiBARTOLO: 558-6291)
                    555 MISSION STREET - south side of Mission Street between First and Second Streets, with a secondary frontage on Minna Street, Lots 69, 70, 78, 79, 80 and 81 in Assessor’s Block 3721 - Request to modify the original project approved by the Commission on April 5, 2001, granting certain exceptions set forth in Sections 148, 132.1 (c), 270 (d)(2), and 270(d)(3) for the 455 foot-high office building. The revised project proposes to add 50,000 square feet of office space to the originally approved project by inserting three additional floors, raising the height of the structure from 455 feet (30 stories) to 481.5 feet (33 stories).The Revised Project requires minor amendments under Section 309 (Downtown Projects) to exceptions granted for the original project, including an exception to the separation of towers requirement (Section 132.1(c)), exceptions to the bulk requirements (Sections 270(d)(2), 270(d)(3)(A), and 270(d)(3)(B)), and an exception to the reduction of ground level wind current requirement (Section 148). The site is located within a C-3-0 (Downtown Commercial, Office) District and a 550-S Height and Bulk District.
                    Preliminary Recommendation: Approval with Conditions

          17.          2001.0618C          (CRAWFORD: 558-6358)
                    2191 - 2193 MARKET STREET - between 15th Street and Sanchez Street, Assessor's Block 3558 Lot 037) - Request under Planning Code Sections 721.49 and 721.26 for Conditional Use Approval for a Financial Service (Patelco Credit Union) and a Walk Up Facility (Automated Teller Machine) that is not recessed the required 3 feet. This project lies within the Upper Market Street Neighborhood Commercial District and within the 50-X Height and Bulk District.
                    Preliminary Recommendation: Approval with conditions

          18.          2001.0953C          (MASSEHIAN: 558-6363)
                    331 30TH AVENUE - west side between California and Clement Streets, Lot 005 in Assessor’s Block 1403 - Request for Conditional Use Authorization under Planning Code Section 209.3(c) to provide a residential care facility for seven or more persons in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The proposal is to expand an existing residential care facility currently authorized for up to six residents, "Damenik’s Care Home," increasing the number of residents to twelve.
                    Preliminary Recommendation: Approval with Conditions

          19.          2001.0399C          (P. VOLLMAN: 558-6405)
                    627 VALLEJO STREET - between Columbus Avenue and Stockton Street, Assessor's Block 0146, Lots 019 & 020) - Request under Planning Code Section 722.44 for Conditional Use Approval for a small self-service restaurant (Truly Mediterranean) within the existing retail grocery store (Rossi Market). This project lies within the North Beach Neighborhood Commercial District and within the 40-X Height and Bulk District.
                    Preliminary Recommendation: Approval with conditions

          20.          2001.0744C          (SMITH: 558-6322)
                    880 GENEVA AVENUE - west side of the street between Mission Street and Alemany Boulevard, Lot 026 in Assessor's Block 7030 - Request for Conditional Use Authorization under Planning Code Section 712.43 to convert a vacant commercial space formerly occupied by a meat market into a large fast food restaurant, located in a NC-3 (Moderate-Scale Neighborhood Commercial) District and a 65-A Height and Bulk District.
                    Preliminary Recommendation: Approval with Conditions

          21a.          2000.1231CD           (SIDER: 558-6697)
                    584 VALENCIA STREET - west side between 16th and 17th Streets; Lot 011 in Assessor's Block 3568 - Request for Conditional Use Authorization to allow [1] the establishment of a non-residential use with a gross square footage in excess of 2,999 square feet pursuant to Planning Code Sections 726.21 and 121.2 and in excess of 2,000 square feet pursuant to Board of Supervisors Resolution Number 518-01 (Mission District Interim Controls), [2] the reduction of off-street parking requirements for dwelling units in a Neighborhood Commercial Zoning District pursuant to Planning Code Section 161(j), and [3] the creation of market rate housing within the Mission District pursuant to the Mission District Interim Controls. The proposal is to (1) expand an existing full service restaurant ( the Slanted Door') from approximately 4,640 gross square feet to approximately 11,935 gross square feet and (2) construct a one-story vertical addition containing three dwelling units. The property is within the Valencia Street Neighborhood Commercial District, a 50-X Height and Bulk District, and the Valencia Street Sub-Area of the Mission District Interim Controls.
                    Preliminary Recommendation: Approval with Conditions


          21b.          2000.1231CD          (SIDER: 558-6697)
                    584 VALENCIA STREET - west side between 16th and 17th Streets; Lot 011 in Assessor's Block 3568 – Mandatory Discretionary Review of a proposal which proposes to change the use of an existing vacant commercial laundry facility (a  retail' use pursuant to Planning Code Sections 726.40 and 790.102) and an existing vacant nail salon (a  personal service' pursuant to Sections 726.52 and 790.116) to a full-service restaurant (DBA  the Slanted Door'; pursuant to Sections 726.42 and 790.92). Discretionary Review is required by Board of Supervisors Resolution Number 518-01 (Mission District Interim Controls). The property is within the Valencia Street Neighborhood Commercial District and a 50-X Height and Bulk District, and the Valencia Street Sub-Area of the Mission District Interim Controls.
                    Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.

E.          DISCRETIONARY REVIEW HEARING

At Approximately 5:00 PM the Planning Commission will convene into a Discretionary Review (DR) Hearing to hear and act on Discretionary Review matters. Procedures governing DR Hearings are as follow: DR Requestor(s) are provided with up to five (5) minutes for a presentation and those in support of the DR Requestor(s) are provided with up to three (3) minutes each. The Project Sponsor is then provided with up to five (5) minutes for a presentation and those in support of the project are provided with up to three (3) minutes each. At the conclusion, each side (not each person) is provided with 2 minutes for a rebuttal. Those cases that are scheduled on this calendar prior to 5:00 PM, but have not been called or heard by 5:00 PM, could be continued to a later time or date as determined by the Commission.

          22.          2001.0483D          (M.SNYDER: 575-6891)
                    1863 NEWCOMB AVENUE - south side between Newhall Street and 3rd Street, Lot 25 in Assessor’s Block 5311 - Request for Discretionary Review of Building Permit Application No. 2000/12/19/8269 proposing to construct a two-family unit building on a vacant lot in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
                    Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.

F.          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: 11/17/2009 9:59:48 PM