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City and County of San Francisco
Public Hearings 
 

November 12, 2009 (CORRECTION)

November 12, 2009 (CORRECTION)

CORRECTION SAN FRANCISCO PLANNING COMMISSION

Notice of Meeting & Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, November 12, 2009

1:30 PM

Regular Meeting

President: Ron Miguel

Vice-President: Christina R. Olague

Commissioners: Michael J. Antonini; Gwyneth Borden; 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.

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

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

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

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

San Francisco Lobbyist Ordinance

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

Accessible Meeting Policy

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

Know Your Rights Under the Sunshine Ordinance

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

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

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

COMMUNICATIONS

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

1) Planning Department Case Executive Summary

2) Planning Department Case Report

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

4) Public Correspondence

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

1:30 PM _________

ROLL CALL:

President: Ron Miguel

Vice-President: Christina R. Olague

Commissioners: Michael J. Antonini; Gwyneth Borden; 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. 2008.0185C (S. LAI: (415) 575-9087)

1102 TARAVAL STREET (A.K.A. 2397 21ST AVENUE) - northwest corner of Taraval Street and 21st Avenue, Lot 017 in Assessor's Block 2350 - Request for Conditional Use Authorization under Planning Code 711.42, 711.69A and 303, to establish a full-service restaurant and self-service specialty food store (DBA  Flanagan ), within the Taraval Street NC-2, RUSD (Restaurant and fast-food sub-district), and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to December 3, 2009)

2. 2009.0322C (T. FRYE: (415) 575-6822)

617 SANSOME STREET - between Jackson and Washington Streets, Assessor's Block 0196; Lot 002 - Request for Conditional Use Authorization pursuant to Sections 249.25 and 303 of the Planning Code to change the legal use of the property from retail use to office use. The subject property is within a C-2 (Community Business) District with a 65-A Height and Bulk District, the Jackson Square Special Use District, and within the Jackson Square Historic District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of October 5, 2009)

(Proposed for Indefinite Continuance)

3a. 2009.0684D (E. JACKSON: (415) 558-6363)

448 PENNSYLVANIA AVENUE - west side between 19th and 20th Streets, Lot 007 in Assessor's Block 4064 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the demolition of residential buildings and their replacement structures, of Demolition Permit Application No. 2008.12.01.7545 to demolish an existing single family dwelling in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation.

Preliminary Recommendation: Do not take DR and approve the demolition.

(Continued from Regular Meeting of October 8, 2009)

(THE PROJECT APPLICATION HAS BEEN WITHDRAWN)

3b. 2008.1379DDDDDV (E. JACKSON: (415) 558-6363)

448 Pennsylvania Avenue - west side between 19th and 20th Streets, Lot 007 in Assessor's Block 4064 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the demolition of residential buildings and their replacement structures, of Building Permit Application No. 2008.12.01.7550 to construct a two family dwelling as the replacement structure to the proposed demolition of an existing single family dwelling in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation. Four separate Public Initiated Discretionary Review requests regarding the replacement structure have also been filed and will be considered at this hearing.

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

(Continued from Regular Meeting of October 8, 2009)

(THE PROJECT APPLICATION HAS BEEN WITHDRAWN)

3c. 2008.1379DDDDDV (E. JACKSON: (415) 558-6363)

448 Pennsylvania Avenue - west side between 19th and 20th Streets, Lot 007 in Assessor's Block 4064 - Request for Front Setback and Rear Yard Variances pursuant to Planning Code Section 132 and 134 for the construction of a new two family dwelling as the replacement structure to the proposed demolition of an existing single family dwelling within an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation. These Variance requests will be heard and considered by the Zoning Administrator.

(Continued from Regular Meeting of October 8, 2009)

(THE PROJECT APPLICATION HAS BEEN 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.

4. Consideration of Adoption:

  • Draft Minutes of Regular Meeting of November 13, 2008.
  • Draft Minutes of Regular Meeting of October 22, 2009.

5. 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

6. Director's Announcements

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

8. (S. SANCHEZ: (415) 558-6326)

ACADEMY OF ART UNIVERSITY ENFORCEMENT PROGRAM UPDATEInformational presentation and discussion on the status of pending enforcement cases and preparation of Institutional Master Plan (IMP), traffic and environmental review documents by the Academy of Art University.

Preliminary Recommendation: Informational/discussion only. No Action.

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.

  1. REGULAR CALENDAR

9. 2005.0540E (I. Nishimura: (415) 575-9041)

1415 MISSION STREET – MIXED-USE DEVELOPMENT - on the southwest corner of Mission Street and Tenth Street; Lot 001 in Assessor's Block 3510 - Certification of the Final Environmental Impact Report. The proposed project would involve the demolition of a one-story, 18-foot tall, approximately 5,000-square-foot commercial building and a paved, surface parking area, and construction of a new 130-foot high, 14-story, mixed-use residential-commercial building with approximately 2,742 square feet of ground floor commercial space, up to 117 dwelling units, and a three-level subterranean garage with up to 46 independently-accessible residential parking spaces or up to 101 valet-service, residential parking spaces. The project site is within a C-M (Heavy Commercial) District and a 130-L Height and Bulk District. The proposed project requires zoning reclassification to a C-3-G (Downtown, General Commercial) District; Planning Code 309 exceptions; Conditional Use Authorization; Variances; and Transfer of Development Rights (TDR).

Please note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on April 13, 2009. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during the Public Comment portion of the Commission calendar.

Preliminary Recommendation: Certify the Final Environmental Impact Report.

10a. 2005.0540E!KCXVZ (B. FU: (425) 558-6613)

1415 Mission Street - southwest corner of Mission and 10th Streets; Lot 001 in Assessor's Block 3510 - Consideration of Adoption of CEQA Findings regarding the proposed construction a new 14-story, 130-foot high mixed-use building consisting of up to 117 dwelling units over approximately 2,742 sq. ft. of ground-floor retail/personal space, and a three-level, below-grade parking structure for up to 46 independently accessible or 101 valet residential parking spaces.

Preliminary Recommendation: Approve the Draft Motion Adopting the CEQA Findings.

10b. 2005.0540E!KCXVZ (B. FU: (425) 558-6613)

1415 Mission Street - southwest corner of Mission and 10th Streets; Lot 001 in Assessor's Block 3510 - Request under Planning Code Section 309 (the Downtown Plan), for determination of compliance and exceptions in C-3 Districts to rear yard requirement, limitations on residential off-street parking, curb-cut location, and comfort-level wind. The project proposal is to demolish the existing single-story commercial structure, which is currently used as an attended public parking facility, and construct a new 14-story, 130-foot high mixed-use building consisting of up to 117 dwelling units over approximately 2,742 sq. ft. of ground-floor retail/personal space, and a three-level, below-grade parking structure for up to 46 independently accessible or 101 valet residential parking spaces. The subject property is currently located within the C-M (Heavy Commercial) District with a 130-L Height and Bulk Designation.

Preliminary Recommendation: Approval with conditions.

10c. 2005.0540E!KCXVZ (B. FU: (425) 558-6613)

1415 Mission Street - southwest corner of Mission and 10th Streets; Lot 001 in Assessor's Block 3510 - Request for Conditional Use Authorization under Planning Code Section 303 and 215(b), the Planning Commission may grant conditional use authorization in the proposed C-3-G District to allow dwelling unit density greater than one unit per 125 square feet of lot area. With a dwelling unit density of approximately one unit per 98 square feet of lot area, the Project requires Conditional Use authorization for the proposed construction of a new 14-story, 130-foot high mixed-use building consisting of up to 117 dwelling units over approximately 2,742 sq. ft. of ground-floor retail/personal space, and a three-level, below-grade parking structure for up to 46 independently accessible or 101 valet residential parking spaces .

Preliminary Recommendation: Approval with conditions

10d. 2005.0540E!KCXVZ (B. FU: (425) 558-6613)

1415 Mission Street - southwest corner of Mission and 10th Streets; Lot 001 in Assessor's Block 3510 - Request for Zoning Map Amendment under Planning Code Section 302 to allow amendments to the Planning Code. The project proposes to amend Zoning Map Sheet 7 to reclassify the subject property from the existing C-M (Heavy Commercial) District to C-3-G (Downtown General Commercial) District for the proposed construction of a new 14-story, 130-foot high mixed-use building consisting of up to 117 dwelling units over approximately 2,742 sq. ft. of ground-floor retail/personal space, and a three-level, below-grade parking structure for up to 46 independently accessible or 101 valet residential parking spaces.

Preliminary Recommendation: Approval.

10e. 2005.0540E!KCXVZ (B. FU: (425) 558-6613)

1415 Mission Street - southwest corner of Mission and 10th Streets; Lot 001 in Assessor's Block 3510 - Variance Request per Planning Code Section 140 to allow a reduction in dwelling unit exposure. Although the courtyard is at least 25 feet in every horizontal dimension, its horizontal dimension does not increase by five feet at each subsequent floor. Therefore, 39 of the units facing onto the interior courtyard would require a Variance. The Variance will be considered by the Zoning Administrator.

11. 2001.1056E (L. Kienker: (415) 575-9036)

280 Divisadero Street Carriage House EIR - east side of Divisadero Street between Page and Haight Streets; Lot 023 in Assessor's Block 1238 - Certification of the Final Environmental Impact Report. The proposed project would replace an existing approximately 1,340-square foot (sf) carriage house structure, part of Landmark No. 190, the Charles L. Hinkel House, for a single residential unit within the same building footprint as the existing structure and attached garage, at the northeast corner property lines of the 6,875-sf lot. The proposed structure would be two stories in height and include a deck over an attached garage. The proposed project would not modify the main three-story over garden-level residential structure. The project would require approval of a Variance for construction within the required setbacks and a Certificate of Appropriateness pursuant to Article 10 for demolition and new construction. The project would have a significant adverse impact on Landmark No. 190, constructed in 1885.

Please note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on June 18, 2007. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission in writing prior to the hearing or during the Public Comment portion of the Commission calendar.

Preliminary Recommendation: Certify the Final EIR

12. 2005.0161E (C. KERN: (415) 575-9037)

CALAVERAS DAM REPLACEMENT PROJECT - Public Hearing on the Draft Environmental Impact Report. The San Francisco Public Utilities Commission (SFPUC) is proposing the Calaveras Dam Replacement Project. The SFPUC proposes to construct a new dam to replace the existing dam to improve seismic safety and to restore the water storage capacity of the Calaveras Reservoir. Calaveras Dam is located on Calaveras Creek in the Diablo Mountain Range in Alameda County, California, approximately 12 miles south of the City of Pleasanton and 7.5 miles east of the City of Fremont.

Note: Written comments will be accepted at the Planning Department's offices until the close of business on Friday, December 18, 2009.

Preliminary Recommendation: No Action Required

13. 2009.0840T (T. SULLIVAN: (415) 558-6257)

Amendments to Planning Code Section 303(i) to require applicants for new formula retail uses to appoint a community liaison to respond to community concerns during construction and store operation [Board File No. 09-1030]. Ordinance introduced by Supervisor Alioto-Pier amending Planning Code Section 303(i) to require applicants for new formula retail uses to appoint community liaisons to respond to community concerns during construction and store operation.

Preliminary Recommendation: Disapproval

14. 2008.0784T (T. SULLIVAN: (415) 558-6257)

Amendments relating to Planning Code Section 227(v) to amend the definition of a tobacco paraphernalia establishment and to amend Section 723 – Polk Street Neighborhood Commercial District to prohibit tobacco paraphernalia establishments [Board File No. 09-0962] - Ordinance introduced by Supervisor Chiu amending Planning Code Section 227(v) to lower the threshold for retail stores to be considered tobacco paraphernalia establishments from 15% of the square footage of the establishment to 10% of the occupied floor area, as defined in Section 102.10, or 10 linear feet of display area in total, whichever is less; amending Sections 790.123 and 890.123 to reflect this amended definition; amending 723.1 and the Table at Section 723 to make tobacco paraphernalia establishments, as defined, not permitted in the Polk Street Neighborhood Commercial District; amending Section 186.1 to change the period of non-use for a non-conforming tobacco paraphernalia establishment to be deemed discontinued in the Polk Street Neighborhood Commercial District from three years to eighteen months; making environmental findings and findings of consistency with the General Plan and priority policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval.

(Continued from Regular Meeting of October 22, 2009)

NOTE: On October 22, 2009, following public testimony, the Commission continued this item to November 12, 2009 by a vote of +7 -0. Public hearing remains open.

15. 2009.0843D (S. YOUNG: (415) 558-6346)

823 DIVISADERO STREET - west side between McAllister and Fulton Streets; Assessor's Block 1179; Lot 027 - Request for Discretionary Review of Building Permit Application No. 2009.04.16.6402, proposing the change of use of a vacant ground floor commercial space (previously a dry cleaning and laundry service establishment dba Family Cleaners) to a preschool (dba Our Victorian Schoolhouse), which will provide daycare educational services for up to 42 children in the NC-2 (Small-Scale Neighborhood Commercial) District, the Divisadero Street Alcohol Restricted Use District, and a 65-A Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and Approve Project

(Continued from Regular Meeting of October 22, 2009)

NOTE: On October 22, 2009, without hearing, the Commission continued this matter to November 12, 2009 to investigate CEQA concerns by a vote of +6 -1. Commissioner Sugaya voted against.

16a. 2008.0069D (S. HAYWARD: (415) 558-6372)

176 RANDALL STREET - north side between Whitney and Church Streets, Lot 030 in Assessor's Block 6655 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the demolition of residential buildings of Demolition Permit Application No. 2007.12.26.1293 proposing to demolish a one-story-over-garage, single-family dwelling located 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 demolition.

(Continued from Regular Meeting of October 1, 2009)

16b. 2008.0003DDDDDDD (S. HAYWARD: (415) 558-6372)

176 RANDALL STREET - north side between Whitney and Church Streets; Lot 030 in Assessor's Block 6655 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the demolition of residential buildings and their replacement structures of Building Permit Application No. 2007.12.26.1296, proposing to construct a new two-family dwelling on the subject lot. Six Four separate Public Initiated Discretionary Review requests regarding the replacement structure have also been filed and will be considered at this hearing. The subject lot is located In an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

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

(Continued from Regular Meeting of October 1, 2009)

6:00 P.M. Although the following item(s) may be considered after 6:00 p.m., they may not be considered before 6:00 p.m.

17. 2009.1043U (K. MCGEE: (415) 558-6367)
NORTHEAST EMBARCADERO STUDY - Informational - The Northeast Embarcadero Study intends to guide the future development of properties along the west side of the Embarcadero, generally from Market to North Point. The study will focus on the Port's properties between Washington and North Point that are currently being used as parking lots. The Department intends to consider appropriate areas beyond these immediate sites in order to more fully understand the context and the role the Port properties play on The Embarcadero and in the larger city fabric. The Northeast Embarcadero Study aims to create a  sense of place' by creating urban design guidelines and recommendations to ensure that new development strengthens The Embarcadero, elevates place, and is sensitive to context. The study also aims to help create a gracious public realm that connects the city to the waterfront and strengthens the linear promenade on the west side of The Embarcadero. Staff will introduce the Northeast Embarcadero Study; discuss the Study's planning process and remaining steps as well as present the Study's draft recommendations. For further details regarding the Study, and to view the Department's public presentations, please visit the Study's website at: http://nes.sfplanning.gov. This hearing is the first of two currently scheduled for this Study.

Preliminary Recommendation: Informational. No action is requested at this hearing.

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

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

Adjournment:

Last updated: 11/20/2009 12:53:00 PM