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Seal of the City and County of San Francisco
City and County of San Francisco
Public Hearings 
 
August 9, 2007

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, August 9, 2007

1:30 PM

Regular Meeting

President: Dwight S. Alexander

Vice-President: Christina R. Olague

Commissioners: Michael J. Antonini; M. Sue Lee; William L. Lee; 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.

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 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 FranciscoLobbyist 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: Dwight S. Alexander

Commission Vice-President: Christina R. Olague

Commissioners: Michael J. Antonini; M. Sue Lee; William L. Lee;

Kathrin Moore; Hisashi Sugaya

  • 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. 2007.0101U (J. SWITZKY: (415) 575-6816)

45 LANSING STREET (BLOCK 3749, LOT 059) - Motion to Waive Rincon Hill Community Infrastructure Impact Fees per Section 318.3(f) - The Planning Commission approved a project at 45 Lansing Street on March 15, 2007, that includes approximately 227 dwelling units. Planning Code Section 318.3(b)(i) requires payment of $11.00 per net occupiable square foot of residential development for the Rincon Hill Community Infrastructure Fund prior to issuance of site permit. The project would require a payment of approximately $3,000,000. The project sponsor has entered into a Waiver Agreement with the City, to the satisfaction of the Planning Department and City Attorney, to secure the formation of a Community Facilities (Mello-Roos) District and to take all necessary steps to support the construction of a portion of the public improvements, equal to the value owed by the sponsor, and described in Planning Code Section 318.6 and in the Rincon Hill Plan.

Preliminary Recommendation: Approval

(Proposed for Continuance to September 6, 2007)

2. 2007.0688T (T. SULLIVAN-LENANE: (415) 558-6257)

POLK STREET: BOARD FILE 070851 - Ordinance Amending Planning Code Sections 121.2 and 723 as related to the Polk Street Neighborhood Commercial District [Board File No. 07-0851]. Ordinance amending sections of the San Francisco Planning Codes by amending Section 121.2 to move Polk Street from a 3,000 square foot use size limit to a 2,000 square foot use size limit and by amending Section 723 to provide that commercial and institutional uses in the Polk Street Neighborhood Commercial District are permitted up to 1,999 square feet and allowed as a conditional use for 2,000 square feet and above; adopting findings, inclusion Section 302 findings, environmental findings and findings of consistency with Section 101.1 and the General Plan.

Preliminary Recommendation: Approval with modifications.

(Proposed for Continuance to September 6, 2007)

3. 2007.0515T (A. RODGERS: (415) 558-6396)

FRINGE FINANCIAL: BOARD FILE 070671 - Forwarding a proposed ordinance with a recommendation to the Board of Supervisors amending San Francisco Planning Code Sections 249.5, 781.8, 781.9, 782, and 783 and adding Section 249.35 to the San Francisco Planning Code to create a noncontiguous Fringe Financial Service Restricted Use District prohibiting new fringe financial services, as defined, with certain exceptions; amending San Francisco Planning Code Section 312 to require certain notice in Neighborhood Commercial Districts, amending San Francisco Planning Code Section 227 to add Fringe Financial Service Use to the Commercial District Zoning Control Table; amending San Francisco Planning Code Sections 702.4 and 710 through 730 to add Fringe Financial Service Use to the Neighborhood Commercial District Zoning Control Tables; adding Section 790.111 and 890.113 to the San Francisco Planning Code to define a Fringe Financial Service Use; amending San Francisco Planning Code Sections 790.110, 790.112, 890.110, and 890.112 to require that use applications for Financial Services and Limited Financial Services include a copy of any state-issued license; amending San Francisco Planning Code Sections 803.2, 810, 811, and 812 to add Fringe Financial Service Use to the Chinatown Zoning Control Tables; amending San Francisco Planning Code Sections 814 through 818 to add Fringe Financial Service Use to certain Zoning Control Tables in the South of Market area; amending San Francisco Planning Code Section 827 to add Fringe Financial Service Use to the Rincon Hill Downtown Residential Mixed Use District Zoning Control Table; amending Sections 909, 910, 911, 912, 913, and 914 to add Fringe Financial Service Use to certain Mission Bay Zoning Control Tables; amending Sectional Maps Numbers 1SU, 2SU, 6SU, 7SU, 8SU, and 10SU of Zoning Map of the City and County of San Francisco to indicate the boundaries of the Fringe Financial Service Restricted Use District, and making findings, including environmental findings and findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan. to provide comments to the Planning Department, making environmental findings, and making findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval

(Proposed for Continuance to September 20, 2007)

4. 2007.0517T (T. SULLIVAN-LENANE: (415) 558-6257)

OFF-SHELF LIQUOR: GROCERY STORES - Amendments relating to Planning Code Sections 790.55, 249.5, 781.8, 781.9, and 783 [Board File No. 07-0617]. Ordinance introduced by Supervisor Alioto-Pier amending Planning Code Sections 790.55, 249.5, 781.8, 781.9, and 783 to remove grocery stores and other similar uses from prohibitions placed on the establishment of liquor stores in certain districts; and making environmental findings and findings of consistence with the General Plan and priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval.

(Proposed for Continuance to September 20, 2007)

5. 2007.0511T (T. TAM: (415) 558-6325)

INSTITUTIONAL MASTER PLAN: HEALTH PLANNER: BOARD FILE 070678 - Forwarding a proposed ordinance with a recommendation to the Board of Supervisors amending the Planning Code (Section 304.5) to require a qualified health planner retained by the Department of Public Health to analyze the relationship to citywide health care needs of medical institutions' institutional master plans, revisions, and conditional use applications, to provide comments to the Planning Department, making environmental findings, and making findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval

(Proposed for Continuance to September 20, 2007)

6. 2007.0136C (E. Watty: (415) 558-6620)

3953 24TH STREET - south side between Sanchez and Noe Streets; Lot 032 in Assessor's Block 6508 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 728.94, 161(j), and 303(e), to modify a previously approved Conditional Use Authorization in order to allow six senior dwelling-units to be converted into five market-rate dwelling-units with no off-street parking. This site is located within the 24th Street - Noe Valley Neighborhood Commercial District 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions

(Continued from Regular Meeting of July12, 2007)

(Proposed for Continuance to September 27, 2007)

7. 2007.0212D (K.CONNER: (415) 575-6914)

1430 DIAMOND STREET - west side between 27th Street and Duncan Street; Lot 004C in Assessor's Block 6588 - Request for Discretionary Review of Building Permit Application No. 2006.10.11.4737, proposing construction of a 12-foot horizontal rear addition and a vertical addition to an existing two-story single family residence in a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Pending.

(Continued from Regular Meeting of July 19, 2007)

DISCRETIONARY REVIEW APPLICATION WITHDRAWN

B. COMMISSIONERS' QUESTIONS AND MATTERS

Adoption of Commission Minutes– Charter Section 4.104 requires all commissioners to vote yes or no on all matters unless that commissioner is excused by a vote of the Commission. Commissioners may not be automatically excluded from a vote on the minutes because they did not attend the meeting.

8. Consideration of Adoption:

  • Draft Minutes of Regular Meeting of July 26, 2007.
    • Draft Minutes of Regular Meeting of October 26, 2006.

9. 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.

C. DIRECTOR'S REPORT

10. Director's Announcements

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

12. (K. AMDUR: (415) 558-6351)

125 Mason Street and 149 MasonStreet - west side between Eddy and Ellis Streets, Assessor's Block 331, Lot Nos. 18 and 17. The subject properties are within the C-3-G/130-F Zoning Districts. Informational Presentation on the public art proposal for two affordable housing projects, both of which were approved by the Commission on August 10, 2006. The 125 Mason St. project consists of 81affordable family housing rental units and 13 parking spaces, provides the affordable housing required pursuant to Section 315 of the Planning Code for the 301 Mission development project. The 149 Mason St. project consists of 56 affordable studio housing rental units. Glide Economic Development Corp. is a development sponsor of both projects.

13. 2007.0529I (S. WERTHEIM: (415) 558-6612)

UNIVERSITY OF PHOENIX – INSTITUTIONAL MASTER PLAN - Zoning Administrator announcement of the receipt of the University of Phoenix Abbreviated Institutional Master Plan (IMP) pursuant to Planning Code Section 304.5. The University of Phoenix proposes to relocate its campus from a 0.38 acre site at 185 Berry Street, located in an M-2 (Heavy Industrial) District, to a 0.32 acre site at 1 Front Street, located in the C-3-0 (Downtown Office) District, and to increase its enrollment by 50 students to 350 students. The Planning Commission has the discretion under Planning Code Section 304.5(d), to hold or not hold a public hearing on an Abbreviated IMP for institutions less than 1 acre in size. If the Commission requests a hearing, it would be scheduled for a later date. The University of Phoenix's Abbreviated IMP is available for viewing on the Planning Department's website.

Preliminary Recommendation: Commission not hold a public hearing

(Continued from Regular Meeting of August 2, 2007)

14. (J. SWITZKY 575-6815/E. FORBES 558-6417/S. JONES 575-9034)

TRANSIT CENTER DISTRICT PLAN PLANNING PROCESS - Informational presentation on the Transit Center District Plan, including process, schedule, contracting, and budget for both planning and environmental review work. This planning effort is examining potential changes to land use, urban form, public realm, and public benefits for the area around the Transbay Transit Center.

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. 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.

15. 2007.0444C (A. STARR: (415) 558-6362)

1033-1037 IRVING STREET - south side between 11th and 12th Avenues; Lot 046, in Assessor's Block 1766 - Request for Conditional Use Authorization under Planning Code Sections 303 and 730.42 to allow the establishment of a full-service restaurant (name to be determined) in a vacant commercial space most recently occupied as office space. The site is within the Inner Sunset Neighborhood Commercial District (NCD) and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions

  1. REGULAR CALENDAR

16. 2007.0386C (K.CONNER: (415) 575-6914)

3901 NORIEGA STREET - south side at the southwestern corner of the intersection with 46th Avenue; Lot 001 in Assessor's Block 2083 - Request for Conditional Use Authorization pursuant to Sections 710.24, 710.27, and 710.48 of the Planning Code to allow a full-service restaurant (d.b.a Pizza Place) with outdoor activity, extended hours of operation, and other entertainment within the NC-1 (Cluster, Neighborhood Commercial) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions

17a. 2007.0388CV (B. FU: (415) 558-6613)

2574 San Bruno Avenue - west side, between Felton and Burrows Streets, Lot 011 in Assessor's Block 5981 - Request for Conditional Use Authorization for use size under Planning Code Sections 711.21 and 121.2 to demolish the existing community recreation center,  Boys Club, and construct a two-story over basement community health center, operated by the North East Medical Services, within a NC-2 (Small-Scale Neighborhood Commercial) Zoning District and a 40-X Height and Bulk Designation. The project also includes a Variance request for an exception to off-street parking requirements pursuant to Planning Code Section 151.

Preliminary Recommendation: approval with conditions

(Continued from Regular Meeting of July 26, 2007)

17b. 2007.0388CV (B. FU: (415) 558-6613)

2574 San Bruno Avenue - west side, between Felton and Burrows Streets, Lot 011 in Assessor's Block 5981 - Variance Request for off-street parking pursuant to Planning Code Section 151 for the proposed two-story over basement community health center, operated by the North East Medical Services, within a NC-2 (Small-Scale Neighborhood Commercial) Zoning District and a 40-X Height and Bulk Designation.

(Continued from Regular Meeting of July 26, 2007)

18. 2007.0164D (C. JAROSLAWSKY (415) 558-6348)

40 JUANITA WAY - south side between Fowler Avenue and Teresita Boulevard; Lot 010 in Assessor's Block 2901B - Request for Discretionary Review of Building Permit Application No. 20056.12.20.0206, construct a third level addition, onto a one-story over garage, single-family structure. The addition would include a rear deck and stairs at the second and third levels, in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

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

(Continued from Regular Meeting of June 21, 2007)

NOTE: On June 21, 2007, following public testimony, the Commission continued this item to August 9, 2007 to allow the sponsors to consider re-designing or design options. The public hearing remains open.

19. 2007.0507C (E. Watty: (415) 558-6620)

2810 DIAMOND STREET - west side between Chenery and Bosworth Streets; Lot 026 in Assessor's Block 6744 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 711.43 and 790.90, to legalize an existing large fast-food restaurant (DBA Eggettes) within an NC-2 (Neighborhood Commercial, Small-Scale) District and 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions

20. 2007.0571D (E. WATTY: (415) 558-6620)

4329 25TH STREET - south side between Diamond and Douglass Streets; Lot 033, in Assessor's Block 6545 - Request for Discretionary Review of Building Permit Application No. 2007.01.22.2216, which proposes construction of a one-story horizontal rear addition to an existing single-family residence. The subject property is located in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the Project as proposed.

21a. 2006.0892CV (M. GLUECKERT: (415) 558-6543)

2145 Geneva Avenue - northwest corner of Geneva and Santos; Lot 008H in Assessor's Block 6323 - Request for Conditional Use Authorization under Planning Code Sections 121.1.161(j), and 303 to construct a new self-service laundromat on the site and to convert existing office space to two residential units in an NC-1 (Neighborhood Commercial, Cluster) Zoning District and within a 40-X Height and Bulk District. A Variance is being sought to comply with the rear yard and open space requirements established in Planning Code Sections 134 and 135.

Preliminary Recommendation: Approval with conditions.

21b. 2006.0892CV (M. GLUECKERT: (415) 558-6543)

2145 Geneva Avenue - northwest corner of Geneva and Santos; Lot 008H in Assessor's Block 6323 - Variance Request for rear yard and open space, pursuant to Planning Code Sections 134 and 135, for the proposed new construction and change of use, within a NC-1 (Neighborhood Commercial, Cluster) Zoning District and a 40-X Height and Bulk District.

22. 2007.0457T (E. FORBES: (415) 558-6417)

VISITACION VALLEY FEE AMENDMENT: BOARD FILE 070381 - Forwarding a proposed ordinance with a recommendation to the Board of Supervisors amending San Francisco Planning Code Sections 319.2 and 319.3 of the Visitacion Valley Community Facilities and Infrastructure Fee and Fund ordinance to set a lower fee level of $3.00 per square foot for principally permitted projects that do not require material General Plan, Planning Code or Zoning Map amendments, and making findings including findings under the California Environmental Quality Act.

Preliminary Recommendation: Approval

6:00 P.M.

23. 2004.0160E (M. JACINTO: (415) 575-9033)

Eastern Neighborhoods Rezoning and Area Plans - Public Hearing on the Draft Environmental Impact Report: The subject of the proposed rezoning is an approximately 2,200-acre project area that includes four neighborhoods on the eastern side of San Francisco: East SoMa, the Mission, Showplace Square/Potrero Hill and the Central Waterfront. The proposed rezoning would introduce new use (zoning) districts, including: (1) districts that would permit only production, distribution and repair (PDR) uses; (2) districts that would permit at least some PDR uses in combination with commercial and/or residential uses; (3) districts mixing residential and commercial uses; and (4) new residential-only districts. The new districts would replace existing industrial, commercial and residential single-use districts. The project would also include certain adjustments to height limits. In conjunction with the proposed rezoning, the Planning Department is also developing area plans for inclusion within the General Plan for the four neighborhoods in the project area. These plans address policy-level issues pertaining to housing, transportation, historic resources, urban design (including building heights and urban form), open space, and community facilities.

Note: written comments will be accepted at the Planning Department's offices until the close of business on August 31, 2007.

Preliminary Recommendation: No Action Required.

G. 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

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

Adjournment:

Last updated: 11/17/2009 9:59:58 PM