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Seal of the City and County of San Francisco
City and County of San Francisco
May 01, 2003

SAN FRANCISCO
PLANNING COMMISSION

Notice of Meeting
&
Calendar

Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, May 1, 2003
1:30 PM

Regular Meeting

President: Shelley Bradford Bell
Vice-President: Michael J. Antonini
Commissioners: Rev. Edgar E. Boyd; Lisa Feldstein;
Kevin Hughes; Sue Lee; William L. Lee
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.

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. When sending e-mail correspondence to Commissioners, please copy 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.

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 impairrments 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 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.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, 1660 Mission St., 5th floor reception.

1:30 PM _________

ROLL CALL: Commission President: Shelley Bradford Bell

          Commission Vice-President: Michael J. Antonini

          Commissioners: Rev. Edgar E. Boyd; Lisa Feldstein;

                  Kevin Hughes; Sue Lee; William L. Lee

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. 2001.0062E (T. CHAN: (415) 558-5982)

          491 BAYSHORE BOULEVARD - HOME DEPOT PROJECT - Assessor's Block 5598, Lots 8, 9, 11, 13, 15, 16, 18, 21, and 28; PUBLIC HEARING ON DRAFT ENVIRONMENTAL IMPACT REPORT. The proposed project consists of demolition of two vacant buildings, totaling 107,346 square feet (sq.ft.), and construction of a home improvement store (Home Depot). The 153,089-sq.ft.-project would consist of a two-story main store with approximately 96,250 sq.ft. on the main floor, 38,405 sq.ft. on the second floor, a 9,888-sq.-ft. enclosed greenhouse and an approximately 8,546-sq.ft. outdoor-garden center. A separate parking garage consisting of two levels plus rooftop parking totaling 550 parking spaces would also be constructed on this 5.73-acre site. The buildings would be approximately 40 feet in height. Vehicular access to the parking garage would be from Bayshore Boulevard, where Cortland Avenue dead-ends into Bayshore Boulevard, and secondary access would be on Loomis and Waterloo Streets. A customer pick-up lane would be provided on the ground level of the parking facility with egress onto Bayshore Boulevard, just north of the Cortland Avenue intersection. Four freight-loading spaces would be provided. The project is located within the Bayview/Hunters Point neighborhood. The site is within the Planning Commission's adopted Industrial Protection Zone (IPZ) and is located in a M-1 (Light Industrial) zoning district and within a 65-J height and bulk district.

          Preliminary Recommendation: No Action Required. Public hearing to receive comments only.

          Note: Written comments will be received at the Planning Department until 5:00 p.m. on May 19, 2003.

          (Proposed for Continuance to May 15, 2003)

      2. 2003.0189D (G. CABREROS: (415) 558-6169)

          529 21ST AVENUE - west side between Anza and Balboa Streets, Lot 004 in Assessor's Block 1564 - Mandatory Discretionary Review under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2002.06.14.9077 proposing to demolish a one-story single-family residence, in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk District. The project also proposes the construction of a new four-story, two-family dwelling on the site.

          Preliminary Recommendation: Pending

          (Continued from Regular Meeting of March 13, 2003)

          (Proposed for Continuance to May 22, 2003)

      3. 2003.0222D (B. FU: (415) 558-6613)

          203 OGDEN AVENUE - north side of Ogden Avenue between Anderson and Ellsworth Streets, lot 011 in Assessor's block 5724 - Mandatory Discretionary Review for Building Permit Application No. 2002.11.18.1677 to reduce the number of dwelling units in the two-story over garage structure from two units to one unit in a RH-1 (Residential, One-Family House) District with a 40-X Height and Bulk Designation.

          NOTE: Mandatory Discretionary Review is no longer required and the Department is withdrawing the Discretionary Review.

B. COMMISSIONERS' QUESTIONS AND MATTERS

      4. Consideration of Adoption - draft minutes April 3 and 10, 2003.

      5. Commission Comments/Questions

C. DIRECTOR'S REPORT

      6. Director's Announcements

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

D. 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.

E. CONSIDERATION OF FINDINGS AND FINAL ACTION - PUBLIC HEARING CLOSED

      8. 2002.0657C (J. IONIN: (415) 558-6309)

      3725 BUCHANAN STREET - west side between Beach Street and North Point Street; Lot 004 in Assessor's Block 0445A - Request for Conditional Use Authorization pursuant to Section 711.83 of the Planning Code to install a total of eight antennas and related equipment for Verizon Wireless, on the roof of an existing four-story, 45-foot tall, commercial structure within an NC-2 (Small-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District. Per the City & County of San Francisco's Wireless Telecommunications Services (WTS) Facilities Siting Guidelines the proposal is a Preferred Location Preference 4 as it is a commercial building in an NC-2 District.

      Preliminary Recommendation: Approval with Conditions.

    (Continued from Regular Meeting of April 10, 2003)

      NOTE: On April 10, 2003 the Commission continued this item to April 24, 2003. Public Comment remained open. On April 24, 2003, following public comment, the Commission closed the public hearing and entertained two motions: 1) to approve the project. The motion failed to carry by a vote of +3-2. Commissioners Feldstein, and S. Lee voted No. Commissioners Bradford Bell and Boyd were absent. 2) to continue the item to May 1, 2003, to allow absent Commissioners to participate in the final action, passed by a vote of +5-0. Commissioners Bradford Bell and Boyd were absent.

      9a. 2002.0446CEKV (M. SNYDER: (415) 575-6891)

      40-50 LANSING STREET (A.K.A. 35 GUY PLACE) - a through lot that faces Lansing Street on its south side and Guy Place on its north side, within the block surrounded by First Street, Harrison Street, Essex Street, and Folsom Street, Lot 11 in Assessor's Block 3749 - Request for Conditional Use authorization for: (1) the construction of a building within a Residential District that would be taller than 40-feet pursuant to Planning Code Section 253(a); and (2) for the construction of a building that would have full lot coverage within the Rincon Hill Special Use District pursuant to Planning Code Section 249.1(b)(1)(B). The building would be 84-feet tall and contain up to 82 dwelling units. The subject property is within a RC-4 (Residential-Commercial Mixed, High Density) District, an 84-R Height and Bulk District and the Rincon Hill Special Use District / Residential Subdistrict.

    Preliminary Recommendation: Approval with Conditions

      (Continued from Regular Meeting of April 10, 2003)

      NOTE: On April 24, 2003, following public comment, the Commission closed the public hearing and entertained two motions: 1) to approve the project with amendments. The motion failed to carry by a vote of +3-1. Commissioner S. Lee voted No. Commissioners Bradford Bell, Boyd and W. Lee were absent. 2) to continue the item to May 1, 2003, to allow absent Commissioners to participate in the final action, passed by a vote of +4-0. Commissioners Bradford Bell, Boyd and W. Lee were absent.

      9b. 2002.0446CEKV (M. SNYDER: (415) 575-6891)

      40-50 LANSING STREET (A.K.A. 35 GUY PLACE) - a through lot that faces Lansing Street on its south side and Guy Place on its north side, within the block surrounded by First Street, Harrison Street, Essex Street, and Folsom Street, Lot 11 in Assessor's Block 3749 - A request for variances from (1) the exposure standard required under Planning Code Section 140; (2) the loading space standard required under Planning Code Section 152; (3) the setback standard for building mass above 50-feet as required under Planning Code Section 249.1(c)(3); (4) the frontage standard that requires at least 50-percent of all frontages be comprised of building entrances and display windows as mandated by Planning Code Section 249.1(c)(1)(C); and (5) the requirement that restricts parking on the first and second levels being any closer than 25-feet horizontal distance from any street grade as mandated from Planning Code Section 249.1(c)(5)(C) . The subject property is within a RC-4 (Residential-Commercial Mixed, High Density) District, an 84-R Height and Bulk District, and the Rincon Hill Special Use District / Residential Sub district.

      (Continued from Regular Meeting of April 10, 2003)

      NOTE: On April 24, 2003, following public comment, the Zoning Administrator closed the public hearing and continued this item to May 1, 2003.

      10. 2003.0113D (M. WOODS: (415) 558-6315)

          2545 GREENWICH STREET - south side between Scott and Divisadero Streets; Lot 021A in Assessor's Block 0944 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all dwelling unit mergers, of Building Permit Application No. 2002.09.12.6333, proposing to merge one unit on the second floor with one unit on the third floor, converting the three-unit building to a two-unit building in an RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District.

          Preliminary Recommendation: Do not take Discretionary Review and approve the merger.

      NOTE: On April 24, 2003, following public comment, the Commission closed the public hearing and entertained two motions: 1) to not take Discretionary Review and approve the merger. The motion failed to carry by a vote of +2-2. Commissioners Feldstein and Hughes voted No. Commissioners Bradford Bell, Boyd and W. Lee were absent. 2) to continue the item to May 1, 2003, to allow absent Commissioners to participate in the final action, passed by a vote of +4-0. Commissioners Bradford Bell, Boyd and W. Lee were absent.

F. REGULAR CALENDAR

      11. 2002.0475E (R. DEAN: 558-5980)

          O'SHAUGHNESSY DAM DISCHARGE MODIFICATION PROJECT - O'Shaughnessy Dam is located at Hetch Hetchy Reservoir, in Yosemite National Park (Tuolumne County). The area is accessed by Camp Mather Road off Highway 120. Appeal of a Preliminary Mitigated Negative Declaration. The project consists of modifying the piping at O'Shaughnessy Dam that controls discharge to the existing 108-inch Canyon Power Tunnel pipeline (or penstock) at the base of the dam, and the downstream water transmission system. The piping modification involves construction of a new 60-inch pipeline to allow withdrawal of water from a higher level in the reservoir, to be used when turbidity in the reservoir is above the allowable level. The project also involves demolition of the lower valve house. The purpose of the project is to improve the water quality and water supply from Hetch Hetchy Reservoir to the City and Country of San Francisco and its water customers by constructing a second higher outlet to the aqueduct from the reservoir.

          Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

          (Continued from Regular Meeting of April 3, 2003)

      12. 2002.0277C (A. LIGHT: (415) 558-6254)

          150 GOLDEN GATE AVENUE - north side between Jones and Leavenworth Streets, in Assessor's Block 344, Lot 4. Request for a Conditional Use authorization to construct a building exceeding 40 feet in height in an R (Residential) District, to determine an appropriate setback at the top portion of the front of the façade of the proposed building, and to allow an Institutional Use in an RC (Residential Commercial Combined) District. The subject property is zoned RC-4 (Residential-Commercial, Combined, High Density) District, is in the North of Market Special Use District, and is in an 80-120-T Height and Bulk District. The proposal is to demolish an existing four-story, approximately 88-foot high vacant building originally used as a lodge building for the Knights of Columbus, and most recently as office space. The existing building would be replaced with a new five-story, approximately 78'-0" high building that would house administrative and some on-site service functions of the St. Anthony Foundation which provides a variety of services to homeless and other disadvantaged individuals. The proposed facility at 150 Golden Gate would function as part of a larger campus of St. Anthony's and would specifically provide space for administrative offices, counseling, health and job training services, and, temporarily, some dining services, until a new dining and residential structure could be constructed across the street.

          Preliminary Recommendation: Approval with Conditions

          (Continued from Regular Meeting of April 10, 2003)

      13. 2003.0220C (S. VELLVE: (415) 558-6263)

          495 CASTRO STREET - east side between 17th and 18th Streets, Lot 057 in Assessor's Block 3582 - Request to amend a previously authorized Conditional Use pursuant to Section 303(e) of the Planning Code to modify Condition No. 2 of Motion No. 14332 that limited the use to a yogurt/ice cream store. The new Conditional Use would permit a small-self service restaurant (Bagel Brothers/retail bakery) as described in Section 790.91 of the Planning Code. The project site is within the Castro Street Neighborhood Commercial District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Approval with Conditions

      14a. 2003.0020CV (T. TAM: (415) 558-6325)

          2800 TARAVAL STREET - northwest corner of 38th Avenue and Taraval Street; Lot 12 in Assessor's Block 2367 - Request for a Conditional Use authorization pursuant to Planning Code Sections 209.3 and 303 to allow the establishment of a day care facility for up to 40 children (Kai Ming HeadStart), an institutional use in a building presently used as a community facility for the Knights of Columbus Home Association. The property is located in RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Approval with Conditions

      14b. 2003.0020CV (T. TAM: (415) 558-6325)

          2800 TARAVAL STREET - northwest corner of 38th Avenue and Taraval Street; Lot 12 in Assessor's Block 2367 - Request for a Parking Variance pursuant to Planning Code Section 151 to allow no parking on the subject property whereas a total of two (2) off-street parking spaces are required for the proposed project.

G. DISCRETIONARY REVIEW HEARING

    Approximately 3:30 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 3:30 PM, but have not been called or heard by 3:30 PM, could be continued to a later time or date as determined by the Commission.

      15. 2003.0182D (D. DiBARTOLO: (415) 558-6291)

          1725 KEARNY STREET - west side between Lombard and Chestnut Streets; Lot 029 in Assessor's Block 061 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all dwelling unit mergers, of Building Permit Application No. 2003.01.23.5809S, proposing to merge one unit on the first floor with one unit on the second floor, converting the six-unit building to a five-unit building. The project also proposes twenty-five square foot lateral additions on both the first and second stories. The site is in an RM-2 (Residential Mixed, Moderate-Density) District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Do not take Discretionary Review and approve the merger.

      16a. 2002.1056DV (G. NELSON (415) 558-6257)

          1235 3rd AVENUE - west side between Hugo Street and Lincoln Way; Lot 008 in Assessor's Block 1747. Request for Discretionary Review of Building Permit Application No. 2002.05.28.7531, proposing to add a three-story horizontal addition to the rear of an existing three-story single-family dwelling, and to add a partial fourth floor. The proposal is also to add one additional off-street parking space within the ground floor, and widen the existing garage door opening, within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. This project is also seeking a Variance (Case No. 2002.1056V) to the rear yard requirements of the Planning Code to allow the proposed expansion.

          Preliminary Recommendation: Take Discretionary Review and approve the project with modifications.

      16b. 2002.1056DV (G. NELSON (415) 558-6257)

          1235 3rd AVENUE- west side between Hugo Street and Lincoln Way; Lot 008 in Assessor's Block 1747. Request for Variance to the rear yard requirements of the Planning Code to allow the addition of a three-story horizontal addition to the rear of an existing three-story single-family dwelling, and to add a partial fourth floor, within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. Portions of the proposed addition would encroach into the required rear yard at every floor level above the ground floor by up to 14'-8". This project is also the subject of Discretionary Review Case No. 2002.1056D.

      17. 2002.1267DD (D. JONES: (415) 558- 6477)

          686 28TH STREET - north side between Douglass and Diamond Streets, Lot 015 in Assessor's Block 6605 - Request for Discretionary Review of Building Permit Application No. 2002.10.02.8026, proposing to construct a three-story rear horizontal extension, and to modify the existing pitched roof to a flat roof towards the rear of the three-story single-family dwelling located in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Do not take Discretionary Review and approve the building permit as submitted.

          (Continued from Regular Hearing of March 27, 2003)

      18. 2003.0312D (M. SNYDER: (415) 575-6891)

          761 KANSAS STREET - east side between 19th Street and 20th Street, Lot 17 in Assessor's Block 4073 - Request for Discretionary Review of Building Permit Application No. 2002.10.25.0003 proposing to construct a vertical and rear horizontal addition, as well as a new front facade. The property is within an RH-2 (House, Two-family) District, and a 40-X Height and Bulk District.

          Preliminary Recommendation: Take Discretionary Review and approve the project with modifications.

5:30 P.M.

      19. 2000.465M (T. OJEDA (415) 558-6251)

          HOUSING ELEMENT OF THE GENERAL PLAN - Public hearing on the proposed update and amendments to the General Plan put forth in the Housing Element Final Draft for Public Review released February 10, 2003. Proposed revisions will update and amend the Residence Element adopted in 1990 and include an assessment of housing needs, new policies to increase housing production such as higher residential densities along appropriate transit corridors and downtown neighborhoods; encouragement of housing development in neighborhood commercial districts; reconsideration of residential parking requirements; and policies supporting construction of new family housing. The Housing Element Final Draft for Public Review incorporated modifications based on comments and other feedback received by the Planning Department on the first draft published in August 2002.

          Preliminary Recommendation: No Action Required. Public hearing to receive comments only.

H. 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:

PLEASE NOTE:

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.

Last updated: 11/17/2009 9:59:49 PM