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Seal of the City and County of San Francisco
City and County of San Francisco
Public Hearings 
 

October 14, 2010

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

& Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, October 14, 2010

1:30 PM

Regular Meeting

 

President:  Ron Miguel

Vice-President: Christina R. Olague

                        Commissioners: Michael J. Antonini; 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.

Case reports and relevant materials are linked to the items on calendar at the above web site.

 

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:   HYPERLINK "mailto:linda.avery@sfgov.org" 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; Kathrin Moore; Hisashi Sugaya

 

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.         2010.0788U                                                        (A. RODGERS: (415) 558-6395)

Amendments to Administrative Code Concerning a Child Care Feasibility Study  [BOS File No. 10-1094] - Hearing of a proposed Ordinance that would amend the San Francisco Administrative Code by adding Chapter 29B to require a City agency, or a private developer that receives City funds for a development project, as defined, to prepare a feasibility study for providing an on-site child care center whenever it plans to construct or purchase a building, lease more than 50 percent of space in a private building for an initial term of more than one year, or alter more than 50 percent of the space in an existing building; adopting findings, including environmental findings. The Commission will consider an Ordinance introduced by Supervisors Dufty and Alioto-Pier that would amend the Administrative Code as described in the Ordinance with additional modifications as recommended by the Planning Department and making environmental findings.

                        Preliminary Recommendation: Approval with Modifications

                        (Proposed for Continuance to October 28, 2010)

 

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.

 

2.        2010.0519C                                                      (D. Sánchez:  (415) 575-9082)

2233 Ingalls Street - east side of Ingalls Street between Wallace and Yosemite Avenues, Lot 020 in Assessor’s Block 4832 -Request for Conditional Use Authorization under Planning Code Sections 249.15 and 303 to establish a new automobile towing operation within the Production, Distribution and Repair: Core PDR (PDR-2) District, the Restricted Light Industrial Special Use District and a 40-X Height and Bulk District

Preliminary Recommendation: Approval with Conditions

 

3.        2010.0414C                                                              (S. Young: (415) 558-6346)

4850 GEARY BOULEVARD - northeast corner of Geary Boulevard and Funston Avenue; Lot 023 in Assessor’s Block 1444 - Request for Conditional Use Authorization under Sections 712.57, 303, and 186.1 of the Planning Code to convert an existing automobile service station (dba Park Presidio 76) to an automobile gas station within the NC-3 (Moderate-Scale Neighborhood Commercial) Zoning District and a 40-X Height and Bulk District.  The proposal will involve removing the automobile service use by eliminating the existing lube service bays and expanding the existing food mart from approximately 450 square feet of floor area to approximately 1,600 square feet of floor area. 

Preliminary recommendation: Approval with Conditions

 

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 September 16, 2010

        Draft Minutes of Special Meeting of September 23, 2010

        Draft Minutes of Regular Meeting of September 30, 2010

 

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.

 

D.         GENERALPUBLIC 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.

 

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

 

8.        2007.1202E                                                       (T. JOHNSTON:  (415) 575-9035)

HARRY TRACY WATER TREATMENT PLANT (HTWTP) TC "Harry Tracy Water Treatment Plant (HTWTP)" \f A \l "1"  LONG-TERM IMPROVEMENTS PROJECT - Certification of the Final Environmental Impact Report - The San Francisco Public Utilities Commission (SFPUC) is proposing  TC "San Francisco Public Utilities Commission (SFPUC)" \f A \l "1" to implement the Harry Tracy Water Treatment Plant (HTWTP) TC "Harry Tracy Water Treatment Plant (HTWTP)" \f A \l "1"  Long-Term Improvements Project to meet WSIP levels of service for water quality and delivery reliability, seismic reliability, and other improvements necessary to the enhance the operation of the HTWTP. The treatment process would generally be the same even with the proposed improvements. The primary differences would be to solids handling, whereby solids from the sludge holding tank would be transferred to a solids dewatering facility before being trucked off site, and to the treated water storage, which would occur in a single new tank north of the main plant site instead of two tanks southeast of the main plant. The HTWTP is located on 52.3 acres in an unincorporated area of San Mateo County just east of Interstate 280 (I-280) TC "Interstate 280 (I-280)" \f A \l "1"  near the City of San Bruno and the City of Millbrae. A small portion of the site is within the City of Millbrae.

Preliminary Recommendation: Certify the Environmental Impact Report

NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on May 17, 2010. 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.

 

F.                 REGULAR CALENDAR 

 

9.        2010.0878U                                                     (I. SALVADORI:  (415) 575-9086)

Mission District Streetscape Plan - The Mission District Streetscape Plan is a community-based plan that identifies innovative strategies to improve streets, sidewalks and potential for new public spaces at underutilized right-of-way locations in the Mission District.  The project’s boundaries are Division Street on the North, US Highway 101 on the east, Precita Avenue, Mission Street and San Jose Avenue on the south and Dolores Street on the west. The project conducted 5 public workshops between March 2008 and April 2010 and identified 28 specific projects throughout the plan area.  The draft plan will be released on October 7th 2010. A Preliminary Mitigated Negative Declaration was published on June 10, 2010.

Preliminary recommendation: No Action requested - Informational Presentation

 

            10.        2010.0182U                                                        (A. RODGERS: (415) 558- 6395)

STANDARDS FOR BIRD-SAFE BUILDINGS - Informational hearing to announce the public release of a draft document titled "Standards for Bird-Safe Buildings." This document is intended to promote bird-safe design and to reduce bird collisions into buildings.  The draft document proposes a three-pronged approach to the problem: 1) establishment of requirements for the most hazardous conditions; 2) use of an educational checklist to educate project sponsors and their future tenants on potential hazards; and 3) creation and expansion of voluntary programs to encourage more bird-safe practices including acknowledging those who pursue certification through a proposed new program for “bird-safe building” recognition. The draft document discusses potential negative impacts on resident and migratory birds, suggested remedies to lessen the hazard through treatments for glazing, lighting, and other building design elements and building operations.

Preliminary Recommendation: The Department recommends that the Commission instruct the Department to 1) collect public comment through the end of 2010; 2) consider revisions to the document based upon comments received; and 3) prepare a draft Ordinance for the Commission’s consideration in 2011 that would implement proposed controls and adopt a final "Bird-Safe Building Standards" document; and 4) adopt the attached Draft Resolution to that effect.

(Continued from Regular Meeting of September 30, 2010)   

 

11.       2007.1275M                                                  (K. DISCHINGER: (415) 558-6284)

SAN FRANCISCO 2009 HOUSING ELEMENT - Information update on the 2009 Housing Element update - The Housing Element is a public policy document that addresses issues relating to housing needs for San Francisco residents. The Housing Element is prepared in response to Government Code section 65580 et seq. California housing element law, which requires local jurisdictions to plan for and address the housing needs of its population for attainment of state housing goals. The City has undergone a community planning process and released a second draft of the element in June. This hearing seeks Commission input and direction on the Draft 2009 Housing Element Update. 

Preliminary Recommendation: Informational Presentation, No Action Required

             

12.        2010.0436C                                                                    (K. Guy: (415) 558-6163)

1685 SACRAMENTO STREET (AKA 1552 POLK STREET) - southeast corner at Polk Street; Lot 017 in Assessor’s Block 0644 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 723.45 to add a liquor store to an existing convenience store (dba "Nob Hill Beverages #2") within the Polk Street NCD (Neighborhood Commercial District), and the 65-A Height and Bulk District. If granted, the Conditional Use Authorization would allow the applicant to seek a Type 21 License from the California Department of Alcoholic Beverage Control. This license would permit the sale of beer, wine, and distilled spirits for off-site consumption. The size of the existing store would not change. Preliminary Recommendation: Disapproval

 

13.       2009.1100CH                                                                 (T. FRYE 415/575-6822)

1095 MARKET STREET - northeast corner of Market and 7th Streets, Assessor’s Block 3703; Lot 059 - Request for Conditional Use Authorization pursuant to Section 216(b) of the Planning Code to convert the subject building from office to a hotel/hostel with up to 94 rooms with associated restaurant, bar, and nightclub uses.  The subject building is a Category I (Significant) Building under Article 11 of the Planning Code.  The consideration of a Permit to Alter for exterior alterations pursuant to City Charter Section 4.135 was noticed and heard at the regularly scheduled Historic Preservation Commission hearing on October 6, 2010. The subject property is within the C-3-G Zoning District and a 90-X Height and Bulk District.

Preliminary Recommendation:  Approve with Conditions

 

14.       2010.0556D                                                    (A. Hollister: (415) 575-9078) 

1500 GRANT AVENUE - northeast corner of Grant Avenue and Stockton Street, Lot 024 in Assessor’s Block 0104 - Request for Discretionary Review of Building Permit Application No. 2009.10.15.9053, proposing to add a T-Mobile micro wireless telecommunications service facility consisting of a panel antenna shrouded inside a faux vent pipe structure and equipment cabinets.  The faux vent pipe would be mounted on the rooftop of the subject building, while the equipment cabinets would be mounted to the wall of an existing penthouse stair structure.  The subject property is located in the North Beach Neighborhood Commercial District, the North Beach Special Use District, the Telegraph Hill-North Beach Residential Special Use District and a 40-X Height and Bulk District.

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

Staff Analysis:  Full Discretionary Review

(Continued from Regular Meeting of September 30, 2010)

 

 

 

15.       2010.0557D                                                     (A. Hollister: (415) 575-9078) 

1653 GRANT AVENUE (AKA 501 GREENWICH STREET) - southwest corner of Grant Avenue and Greenwich Street, Lot 001 in Assessor’s Block 0088 - Request for Discretionary Review of Building Permit Application No. 2009.06.26.1437, proposing to add a T-Mobile micro wireless telecommunications service facility consisting of an omni antenna shrouded inside a faux vent pipe structure and equipment cabinets.  The faux vent pipe would be mounted on the rooftop of the subject building, while the equipment cabinets would be mounted to the wall of an existing penthouse stair structure.  The subject property is located in the RM-2 (Residential, Mixed, Moderate Density) District, the Telegraph Hill-North Beach Residential Special Use District and a 40-X Height and Bulk District.

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

Staff Analysis:  Full Discretionary Review

(Continued from Regular Meeting of September 30, 2010)

 

16.       2010.0558D                                                    (A. Hollister: (415) 575-9078)  

1763 STOCKTON STREET - southwest corner of Stockton and Greenwich Streets, Lot 001 in Assessor’s Block 0089 - Request for Discretionary Review of Building Permit Application No. 2009.11.05.0626, proposing to add a T-Mobile micro wireless telecommunications service facility consisting of a panel antenna shrouded inside a faux vent pipe structure and equipment cabinets.  The faux vent pipe and equipment cabinets would be mounted on the rooftop of the subject building.  The subject property is located in the North Beach Neighborhood Commercial District, the North Beach Special Use District, the Telegraph Hill-North Beach Residential Special Use District and a 40-X Height and Bulk District.

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

Staff Analysis:  Full Discretionary Review

(Continued from Regular Meeting of September 30, 2010)

 

17.        2010.0482D                                                             (M. SMITH: (415) 558-6322) 

940 ELIZABETH STREET - north side between Hoffman and Grand View Avenues; Lot 014 in Assessor's Block 2807 - Request for Discretionary Review of Building Permit Application No. 2009.12.24.3858 proposing to construct a vertical addition, add a garage, and alter the front façade of a single-family dwelling, located in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve

 

18.       2010.0507C                                                              (S.Young: (415) 558-6346)

2443 LOMBARD STREETsouth side between Divisadero and Scott Streets; Lot 026 in Assessor’s Block 0937 - Request for Conditional Use Authorization under Sections 712.54 and 303 of the Planning Code to modify the conditions of approval under Motion No. 17955 (Case No. 2009.0580C) to convert 2/3 of the foot massage treatment room into three treatment rooms for shoulder, neck, and back massage within an existing massage establishment dba Perfect Health Center within the NC-3 (Moderate-Scale) Neighborhood Commercial Zoning District and a 40-X Height and Bulk District.  Condition No. 3 attached to Planning Commission Motion No. 17955 allowed extended hours of operation for the massage establishment from 10 a.m. to  10 p.m. seven days a week  for a one-year period, after which hours of operation were required to be reduced to 10 a.m. to 7 p.m. Monday through Friday and 10 a.m. to 6 p.m. Saturday and Sunday unless the Zoning Administrator determines that the extended hours of operation may continue following an informational presentation to the Commission regarding the massage establishment's operation during the one-year period following the effective date of Motion No. 17955.  The hearing on Case No. 2010.0507C will also include an informational presentation to the Commission regarding the operation of the massage establishment during the past year.

Preliminary recommendation: Approval with Conditions

(Continued from Regular Meeting of October 7, 2010)

 

            19.       2009.0909D                                                             (A. STARR: (415) 558-6362)

253 PARKER AVENUE - west side between Geary Blvd. and Anza Street, Lot 006 in Assessor’s Block 1086 - Request for Discretionary Review of Building Permit Application No. 2009.01.22.0624 proposing to add one residential unit, construct a rear horizontal addition and construct a one-story vertical addition onto an existing two-story-over-basement, two-family house in an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District.

Staff Analysis: Abbreviated Discretionary Review

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

 

20a.     2009.1170DDD                                                             (A. STARR: (415) 558-6362)

35 LLOYD STREET(AKA 37-39 LLOYD STREET)-south side between Castro and Scott Streets, Lot 035 in Assessor’s Block 1260 - Requests for Discretionary Review of Building Permit Application No. 2010.05.12.2282 proposing to construct a new four-story, two-unit building on a vacant lot in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

Staff Analysis:  Full Discretionary Review

                        Preliminary Recommendation:  Do not take Discretionary Review and approve as                revised

 (Continued from Regular Meeting of September 16, 2010)

 

            20b.     2009.1170DDDV                                                         (A. STARR: (415) 558-6362)

                        35 LLOYD STREET (AKA 37-39 LLOYD STREET) - south side between Castro and Scott Streets, Lot 035 in Assessor’s Block 1260 - Request for a rear yard variance pursuant to Section 134 of the Planning Code to construct a new four-story, two-unit building on a vacant lot with a noncomplying 20’ wide, 2-story portion at the rear of the building that would extend 12’ into the required rear yard in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District. 

(Continued from Regular Meeting of September 16, 2010)

 

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

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

 

Adjournment:

 

 

 

Last updated: 10/8/2010 12:19:52 PM