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Public Hearings 
 

January 26, 2006

January 26, 2006

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, January 26, 2006

1:30 PM

Regular Meeting

 

President: Sue Lee

Vice-President:  Dwight S. Alexander

                        Commissioners: Michael J. Antonini; Shelley Bradford Bell; Kevin Hughes;

William L. Lee; Christina Olague

 

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.

 

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
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 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.

 

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 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, 1660 Mission St., 5th floor reception.

 

 

 

1:30 PM   _________

 

ROLL CALL:      Commission President:          Sue Lee 

                        Commission Vice-President:  Dwight S. Alexander

Commissioners:                      Michael J. Antonini; Shelley Bradford Bell; Kevin  Hughes;  William L. Lee; Christina Olague

 

  • 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.

                       

1a.        2005.0541XCV                                                                      (A. LIGHT: (415) 558-6254)

49 KEARNY STREET - west side between Geary and Post Streets, Lot 2, in Assessor's Block 310 - Request for a Determination of Compliance under Section 309 of the Planning Code to permit conversion of an existing office building to approximately 7 residential dwelling units, with an exception to the Planning Code rear yard requirement, for the subject property, which is in the C-3-O Zoning District and a 80-130-F Height and Bulk District. .  The proposal is to convert the existing office use on the top seven floors of the subject building to approximately 7 dwelling units (one per floor at approximately 1,200 square feet), retaining the existing ground floor retail use.  Some common residential open space is proposed the rooftop of the subject building, but less (perhaps none) would be provided than the minimum required by the Planning Code due to roof size and depending on new fire code restrictions.  No parking would be provided in order to preserve the building’s historic façade, to avoid creating automobile/pedestrian conflicts, and also due to the subject lot’s narrow width of 20 feet.

(Continued from Regular Meeting of January 12, 2006)

                        (Proposed for Continuance to February 16, 2006)

 

1b.        2005.0541XCV                                                                       (A. LIGHT: (415) 558-6254)

49 KEARNY STREET - west side between Geary and Post Streets, Lot 2, in Assessor's Block 310 - Request for a Conditional Use authorization to exceed the principally permitted dwelling unit density, for the subject property, which is in the C-3-O Zoning District and a 80-130-F Height and Bulk District. See Item "a" above for a project description.

(Continued from Regular Meeting of January 12, 2006)

                        (Proposed for Continuance to February 16, 2006)

 

1c.        2005.0541XCV                                                                      (A. LIGHT: (415) 558-6254)

49 KEARNY STREET - west side between Geary and Post Streets, Lot 2, in Assessor's Block 310 - Request for the granting by the Zoning Administrator of residential open space and parking variances; for the subject property, which is in the C-3-O Zoning District and a 80-130-F Height and Bulk District.  The Zoning Administrator will hear the variance application concurrently with the Planning Commission. See Item "a" above for a project description.

(Continued from Regular Meeting of January 12, 2006)

(Proposed for Continuance to February 16, 2006)

 

2.         2005.1042D                                                                (R. CRAWFORD: (415) 558-6358)

69 GARCIAAvenue - northeast side between Idora Avenue and Edgehill Way Assessor’s Block 2936A Lot 001D  - Request for Discretionary Review of Building Permit Application No. 2005 0714 7578 to construct a new single family dwelling, 4 stories over a garage in the front and 2 stories in the rear, on a steeply sloping vacant lot in an RH-1(D) (Residential House, One Family Detached) District, and a 40-X Height and Bulk District.   

Preliminary Recommendation:  Do Not Take Discretionary Review and Approve the Project.

(Proposed for Continuance to April 6, 2006)

 

3.         2004.0646E                                                                           (R. DEAN: (415) 558-5980)

263-265 Dolores Street - Appeal of Preliminary Mitigated Negative Declaration - construction of three-unit residential building. The proposed project is the construction of a new four-story, three-unit residential building to the rear of an existing three-story, three-unit residential building.  The project would result in a total of six off-street parking spaces provided at ground level in the new building. The proposed project includes demolition of an existing carport/storage structure. The proposed project site is located on the eastside of Dolores Street between 15th and 16th Streets, Assessor’s Block 3556, Lot 30.  The project site is located in the RM-1 (Residential, Mixed, Low Density) District and within the 40-x Height and Bulk District.

            Preliminary Recommendation:  Uphold Preliminary Mitigated Negative Declaration.

(Continued from Regular Meeting of December 8, 2005)

Appeal of Preliminary Mitigated Negative Declaration WITHDRAWN

 

B.         COMMISSIONERS’ QUESTIONS AND MATTERS

 

4.         Commission Comments/Questions

 

            5.         ELECTION OF OFFICERS:  In accordance with the Rules and Regulations of the San Francisco Planning Commission, the President and Vice President of the Commission shall be elected at the first Regular Meeting of the Commission held on or after the 15th day of January of each year, or at a subsequent meeting, the date which shall be fixed by the commission at the first Regular Meeting on or after the 15th day of January each year.

 

C.         DIRECTOR’S REPORT

 

6.         Director’s Announcements

           

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

 

8.                                                                                                  (S. DENNIS: (415) 558-6814)

HOUSING PRESENTATION - Presentation by the Mayors Office of Housing and the Planning Department at the request of the Planning Commission. The presentation will explain the City’s existing housing policies as expressed in the General Plan, the Planning Code, and other City ordinances. It will also provide a status report on the City’s various housing programs, including its current inclusionary housing ordinance. This item is informational only; no action is required.

 

D.         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.

 

 

 

E.         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.

 

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

 

9.         2005.0565C                                                                            (S.YOUNG: (415) 558-6346)

2110 CLEMENT STREET - north side between 22nd and 23rd Avenues; Lot 009 in Assessor's Block 1411 - Request for Conditional Use authorization under Sections 717.27, 186.1(b) and 303 of the Planning Code to legalize the extension of the hours of operation of an existing nonconforming full-service restaurant (“My Favorite Cafe”) from 11 p.m. to 2 a.m. in the Outer Clement Neighborhood Commercial District (NCD) and a 40-X Height and Bulk District.  No exterior modifications will be made to the existing building envelope.

            Preliminary Recommendation: Disapproval

(Continued from Regular Meeting of January 19, 2006)

            NOTE: On September 15, 2005, following public testimony, the Commission closed the public hearing and continued the matter to December 15, 2005, by a vote +4 –0, to allow the operator to comply with the existing conditions.  Commissioners Hughes, W. Lee, Olague were absent.

NOTE: On January 5, 2006, by a vote +4 -1, the Commission passed a motion of intent to approve for 9 months, at the end of which the project sponsor can apply for a new Conditional Use authorization for unlimited time.  Commissioner Hughes voted no.  Commissioners Bradford Bell and Olague were absent.  Final Language on January 19, 2006.

 

10.        2005.0965C                                                                        (M. WOODS: (415) 558-6315)

724-730 VAN NESS AVENUE - (east side between Turk and Eddy Streets) and 650 - 660 Turk Street (north side between Van Ness Avenue and Polk Street) - Lots 4 and 8 in Assessor’s Block 742 - Request for Conditional Use authorization under Sections 303 and 352 of the Planning Code to modify a condition previously imposed in Motion No. 16443 for Case No. 2001.0535CV, which approved the demolition of the existing structures on the site and the construction of a 141-unit (subsequently changed to 130 units) residential project with ground floor retail spaces and a garage containing 51 (subsequently changed to 52 parking spaces) automobile parking spaces, 40 bicycle spaces and two service vehicle loading spaces, in an RC-4 District (Residential-Commercial Combined Districts, High Density) and the Van Ness Special Use District, and a 130-V Height and Bulk District. The proposal would modify Condition No. A(5) of the approval Motion to allow the project sponsor to designate 12 percent of the total number of units built as Below Market Rate (BMR) units, rather than a fixed number of 19 BMR units, and to offer those BMR units for sale or rental, rather than rental only.

preliminary Recommendation: Pending

(Continued from Regular Meeting of January 19, 2006)

NOTE: On January 19, 2006,   following public testimony, the Commission passed a motion of intent to approve by a vote +5 -0. Commissioners Alexander and Bradford-Bell were absent.   Final Language on January 26, 2006

 

G.         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.

 

11.        2005.1020D                                                            (C. JAROSLAWSKY (415) 558-6348)

4222 22ND STREET - north side between Worth and Douglass Streets; Lot 014 in Assessor’s Block 2766 - Staff Initiated Discretionary Review of Building Permit Application No. 2005.05.20.30.10, to convert a two-family structure into a single-family dwelling; minor modifications to the existing three-story, two-family dwelling 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 submitted.

 

  • REGULAR CALENDAR 

 

12.         2003.1108E                                                                            (V. MASS: (415) 558-5955)

450 FREDERICK STREET - lot 012 of Assessor’s Block 1262, bounded by Stanyan, Beulah and Shrader Streets - Appeal of Preliminary Mitigated Negative Declaration for the proposed demolition of a single-family residence and construction of a three-unit residence.  The existing building is a 1,755-gross-square-foot (gsf) one-story-over-garage, single-family home, constructed in approximately 1897.  The proposed project would result in the construction of a 5,550-gsf, four-story, three-unit residential building.  The approximately 1,240-gsf ground floor would be used as a garage for the proposed three off-street parking spaces.  The remaining three floors would each contain one two-bedroom dwelling unit.  The proposed project would rise 40 feet from street level to the top of the parapet.  The site is zoned RH-3 (House, Three-Family) and is in a 40-X height and bulk district. 

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

            (Continued from Regular Meeting of January 19, 2006)

 

13a.      2003.1108DD                                                                 (G. CABREROS: (415) 558-6169)

450 FREDERICK STREET - north side between Stanyan and Shrader Streets; Lot 012 in Assessor's Block 1262 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2004.01.13.3883 proposing to demolish an existing single-family dwelling in an RH-3 (Residential, House, One-Family) District and a 40-X Height and Bulk District.  One additional request for Discretionary Review of the Demolition Permit Application has been filed by a member of the public.

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

                        (Continued from Regular Meeting of January 19, 2006)

 

13b.        2004.0275DD                                                                                (G. CABREROS: (415) 558-6169)

450 FREDERICK STREET - north side between Stanyan and Shrader Streets; Lot 012 in Assessor's Block 1262 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new residential building in association with residential demolition, of Building Permit Application No. 2004.01.13.3877 proposing to construct a new four-story, three-unit dwelling in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District. One additional request for Discretionary Review of the Building Permit Application has been filed by a member of the public.

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

(Continued from Regular Meeting of January 19, 2006)

14.         2004.0400D                                                                 (G. CABREROS: (415) 558-6169)

730 GREAT HIGHWAY - east side between Balboa and Cabrillo Streets; Lot 003 in Assessor's Block 1595 - Request for Discretionary Review of Building Permit Application Nos. 2003.05.29.5813 and 2005.10.18.5856 proposing to construct two three-story, two-unit buildings (four units total) on the vacant subject lot in an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District.  The subject lot is bounded on three sides by the Ocean Parc Village Planned Unit Development.

Preliminary Recommendation:  Do not take Discretionary Review and Approve       

(Continued from Regular Meeting of January 12, 2006)      

           

15.        2004.1160D                                                                 (G. CABREROS: (415) 558-6169)

2426 GREENWICH STREET - north side between Scott and Pierce Streets; Lot 008 in Assessor's Block 0512 - Request for Discretionary Review of Demolition Permit Application No. 2005.03.10.7193 proposing to demolish a two-story, single-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.     

                        (Continued from Regular Meeting of January 19, 2006)

                       

15b.      2005.0922D                                                                 (G. CABREROS: (415) 558-6169)

2426 GREENWICH STREET - north side between Scott and Pierce Streets; Lot 008 in Assessor's Block 0512 - Request for Discretionary Review of Building Permit Application No. 2005.03.10.7197 proposing to construct a four-story, two-unit building 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.      

                        (Continued from Regular Meeting of January 19, 2006)

 

16a.      2005.0620D                                                                   (G. CABREROS: (415) 558-6169)

2929 STEINER STREET - west side between Union and Green Streets; Lot 004 in Assessor's Block 0538 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2005.04.22.0687, proposing to demolish an existing single-family dwelling in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation:   Do not take Discretionary Review and approve demolition.

(Continued from Regular Meeting of January 19, 2005)

 

16b.        2005.1112D                                                                                    (G. CABREROS: (415) 558-6169)

2929 Steiner Street - west side between Union and Green Streets; Lot 004 in Assessor's Block 0538 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new residential building in association with residential demolition, of Building Permit Application No. 2005.08.18.0678, proposing installation of a landscaped garden / open space in lieu of a residential replacement building in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and approve with modifications.

(Continued from Regular Meeting of January 19, 2005)

           

 

 

17.        2005.0726D                                                                          (D. SIROIS: (415) 558-6313)

231 SURREY STREET - south side of Surrey Street, between Lippard and Chenery, Lot 059, Assessor's Block 6732 - Request for Discretionary Review of Building Permit Application No. 2005.04.26.0891 to construct a three-story horizontal addition to the rear of the existing single-family dwelling for which the sponsor wishes to use the alley at the rear during construction. The project site is 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 permit application as submitted

 

18.        REVIEW AND COMMENT                                                        (T. Tam:  (415) 558-6325) 

72 TOWNSEND STREET - northwest corner of the intersection of Townsend and Collin P. Kelly Jr. Streets, Lot 3 In Assessor’s Block 3789.  The proposal is to construct a six-story vertical addition on the existing single-story warehouse in order to create 74 condominium dwelling units.  The property is located within the Rincon Point- South Beach Redevelopment Area and the South End Historic District.  Pursuant to the Owner Participation Agreement (OPA) with the San Francisco Redevelopment Agency, the Landmarks Preservation Advisory Board (Landmarks Board), and the Planning Commission must review and comment on the proposed project prior to Redevelopment’s acceptance of the OPA.

                       

            19.                                                                                                   (C. NIKITAS (415) 558-6306)

UPDATE ON THE REVIEW OF RESIDENTIAL DEMOLITIONS  - Informational presentation regarding proposed changes to criteria for the review of applications to demolish dwelling units, including future initiation of Planning Code amendments to require Discretionary Review for those demolitions not presently subject to Conditional Use authorization.

Preliminary Recommendation: Discussion only - No action to be taken at this hearing

(continued from Regular Meeting of January 5, 2006)

 

20.        POLICY UPDATE                                                                     (J. Ionin: (415) 558-6309)

Dwelling Unit MergerS - Mandatory Discretionary Review Policy for Dwelling Unit Mergers.   The update includes modified criteria and administrative relief for certain types of mergers.

            Preliminary Recommendation: Approval.

            (Continued from Regular Meeting of January 12, 2006)

                        NOTE: On November 10, 2005, following public testimony, the Commission closed public hearing and continued the matter to January 12, 2006, by a vote +5 –0, Commissioner Hughes and Lee were absent. Public hearing remains open to address any new information presented.

           

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: 11/17/2009 9:59:53 PM