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SAN FRANCISCO

PLANNING COMMISSION

Meeting Minutes

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, July 8, 2010

10:00 AM

Regular Meeting

 

COMMISSIONERS PRESENT:  Miguel, Olague, Antonini, Borden, Lee, Moore and Sugaya

 

THE MEETING WAS CALLED TO ORDER BY PRESIDENT MIGUEL AT 10:15 A.M.

 

STAFF IN ATTENDANCE:  John Rahaim – Director of Planning, Kate McGee, AnMarie Rodgers, Tara Sullivan, Adrian Putra, Steve Wertheim, Debra Dwyer, Jim Miller, Aaron Hollister, Jeremy Battis, Aaron Starr, Glenn Cabreros, Sophie Hayward, and AnMarie Rodgers – Acting Commission Secretary.

 

A.            SPECIAL CALENDAR

 

1.         2009.1043U                                                                        (K. McGee: (415) 558-6367)

NORTHEAST EMBARCADERO STUDY - The Northeast Embarcadero Study is an urban design analysis for the Northeast Embarcadero area.  The study area includes parcels on the west side of The Embarcadero between Washington and North Point with a focus on the Port’s properties that are currently being used as parking lots. On November 12, 2009 staff introduced the Northeast Embarcadero Study, discussed the study’s planning process and remaining steps as well as presented the study’s draft recommendations.  Since then, the Planning Department has published the study’s final recommendations.  The study includes an existing conditions analysis, design principles, public realm improvements, and design guidelines for new development. To view the study, and the Department’s previous presentations, please visit the study’s website at: http://nes.sfplanning.gov.

Preliminary Recommendation: Staff recommends the Planning Commission: Acknowledges the work of staff in completing the Northeast Embarcadero Study and recognizes the design principles and recommendations of the study for public realm improvements and new development in the area, and urge the Port of San Francisco to consider the principles and recommendations proposed in the Northeast Embarcadero Study when considering proposals for new development in the study area and when considering public infrastructure improvements in the study area.

 

SPEAKERS:     In opposition:  Brad Paul, Fernando Matti, Ernestine Weiss, Vedica Puri, Lee Radner, Phil ryan, Bill Benkavitch, nan Roth, Linda Ash, Nancy Shanahan, Tricia Craig, Bill Sauro, Arthur Chang, Andy Katz, Kathleen Dooloy, Nan McGuire, Frederick Allardyce, Gerry Crowley, and Sue Hestor; In support:  Erin Kennelly, Corinne Woods, Matthew Harris, Arthur Alexander, Kevin Loscoloff, Roger Wong, Teresa Rea, Jay Turnbull, Gabriel Metcalf, Dave Stockdale, Mark Donahue, Carolyn Kiernat, Marina Secchitano, Marc Babsin, Charles Dilworth, Charles Dutkin, Swsanna See, Andrew Corney, David Addington, Andrew Scavullo, Justin Allaman, Tim Colen, Anne Cervantes, Jane Connors, Alec Bash, Manny Flores, and Jim Chappel

ACTION:           Following a failed motion to continue, the item was approved

AYES:              Antonini, Borden, Lee, and Miguel

NAYES:            Moore, Sugaya and Olague

RESOLUTION:   18132  

 

1:30 P.M.

 

B.            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.

           

2.         2010.0393T                                                                   (A. RODGERS: (415) 558-6395)

Amendments to the Planning Code Section 151.1: Ocean Avenue NCT. The Commission will consider a draft Ordinance introduced by Supervisor Elsbernd [BF 100530] amending the San Francisco Planning Code by amending Section 151.1 to exclude large retail uses within the Ocean Avenue Neighborhood Commercial Transit District from the requirement to provide delivery or shuttle services when such uses receive conditional use authorization to provide a greater number of off-street parking space; adopting findings, including environmental findings, Planning Code Section 302 findings, and findings of consistency with the General Plan and the priority policies of Planning Code Section 101.

Preliminary Recommendation: pending

                        (Continued from Regular Meeting of June 17, 2010)

(Proposed for indefinite continuance)

 

SPEAKERS:     None

ACTION:           Continued as proposed

AYES:              Antonini, Borden, Lee, Moore, Sugaya, Olague, and Miguel

 

C.            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

 

3.         2010.0080T                                                                   (T. SULLIVAN: (415) 558-6257)

Intention to Initiate Department-Sponsored Amendments to the Planning Code, including but not limited to Sections 121.2, 136.1, 151, 185, 186, 201, 204.2, 205, 205.1, 205.3, 207.2, 209.3, 209.8, 217, 249, 303, 309, 311, 340, 317, 602.25, 602.26, 607.1, 790.44, 803.2, 803.3, 890.133, 890.44, 703.2, and various sections of Articles 7, 10, and 11.  Pursuant to Planning Code Section 302, the Planning Commission will consider a Resolution of Intention to initiate amendments to the Planning Code.

Preliminary Recommendation: Approve a draft Resolution of Intention to initiate amendments to the Planning Code and schedule a public hearing to consider the amendments.

 

SPEAKERS:     None

ACTION:           Approved Initiation

AYES:              Antonini, Borden, Lee, Moore, Sugaya, Olague, and Miguel

MOTION:           18133  

 

4a.        2010.0042CP                                                                        (A. PUTRA: (415) 575-9079)

100 ARMORY DRIVE - southern terminus of Armory Drive between Zoo Road and Skyline Boulevard, Lot 004 in Assessor’s Block 7281 - Request for Conditional Use Authorization pursuant to Planning Code Sections 234.2(a) and 303 to modify an existing wireless telecommunication services (WTS) facility by adding three panel antennas to an existing 50-foot tall monopole with related equipment cabinets located at grade, as part of the Verizon Wireless telecommunications network in a P (Public Use) Zoning District, Coastal Zone Permit Area, and a OS (Open Space) Height and Bulk District. 

Preliminary Recommendation:  Approval with Conditions

 

SPEAKERS:     None

ACTION:           Approved

AYES:              Antonini, Borden, Lee, Moore, Sugaya, Olague, and Miguel

MOTION:           18134  

 

4b.       2010.0042CP                                                                         (A. Putra: (415) 575-9079)

100 Armory Drive - southern terminus of Armory Drive between Zoo Road and Skyline Boulevard, Lot 004 in Assessor’s Block 7281 - Request for Coastal Zone Permit, pursuant to Planning Code Section 330.1 to modify an existing wireless telecommunication services (WTS) facility by adding three panel antennas to an existing 50-foot tall monopole with related equipment cabinets located at grade, as part of the Verizon Wireless telecommunications network in a P (Public Use) Zoning District, Coastal Zone Permit Area, and a OS (Open Space) Height and Bulk District. 

Preliminary Recommendation:  Approval

 

SPEAKERS:     None

ACTION:           Approved

AYES:              Antonini, Borden, Lee, Moore, Sugaya, Olague, and Miguel

MOTION:           18140  

 

D.         DIRECTOR’S REPORT

 

5.         2010.0500U                                                                  (S. WERTHEIM: (415) 558-6612)

INFORMATIONAL PRESENTATION ON THE IMPLEMENTATION OF THE SHOWPLACE SQUARE OPEN SPACE PLAN - The Showplace Square Open Space Plan occurred between April 2009 and January 2010. This Plan resulted in conceptual site designs and cost estimates for a number of potential open space sites in Showplace Square. This informational presentation will convey the proposed next steps for

implementing the Plan over the next several years.

Preliminary Recommendation:  Informational presentation, no action requested

 

SPEAKERS:     David Meckel and Joe Boss

ACTION:           None – Informational only

 

E.         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.

 

SPEAKERS:     None

 

F.         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.

 

SPEAKERS:     In opposition to item #6:  Tom Radulovich and Jamie Wittaker

 

            CONSIDERATION OF FINDINGS & FINAL ACTION – PUBLIC HEARING CLOSED

 

6.         2005.1074E                                                                            (D. DWYER: (415) 575-9031)

935-965 Market Street, CityPlace - mid-block south side of Market Street between 5th and 6th Streets; Lots 071, 072, and 073 in Assessor’s Block 3704 - Certification of the Final Environmental Impact Report. The proposed project would demolish the three two- to five-story buildings on the 1.06-acre project site and redevelop the site with one five-story, 90-foot-tall retail building, with associated building services and subsurface parking.  The building would contain approximately 375,700 gsf, with about 264,010 gsf of retail uses; about 4,830 gsf of common areas; about 10,900 gsf of mechanical and storage space; and about 95,960 gsf of parking, loading, and circulation space with approximately 188 parking spaces.   SEQ CHAPTER \h \r 1The project site is in the C-3-G (Downtown General Commercial) and C-3-R (Downtown Retail) Zoning Districts, and the 120-X Height and Bulk District.  The proposed project would have a floor area ratio of about 8:1, and would include the use of transferable development rights (TDRs) subject to applicable height and bulk limitations.  The project would require Conditional Use authorization for parking in excess of the accessory amount of parking and for demolition of a movie theater use; variances for the width of the loading and parking access on Stevenson Street; and an exception to freight loading requirements under Planning Code Section 309. 

(Continued from Regular Meeting of June 10, 2010)

NOTE: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on December 21, 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 EIR

                       

SPEAKERS:     None

ACTION:           Approved Certification of the Final EIR

AYES:              Antonini, Borden, Lee, Olague, and Miguel

NAYES:            Moore and Sugaya

MOTION:           18135  

 

G.         REGULAR CALENDAR 

 

            7a.        2008.0217CVX                                                                    (J. MILLER: (415) 558-6344)  

935 – 965 MARKET STREET - south side between  5th and 6th Streets, a through-lot to Stevenson Street - Adoption of California Environmental Quality Act (hereinafter “CEQA”) Findings. The project would construct a new-retail shopping center building (“CityPlace”), approximately 90 feet in height and containing approximately 375,700 gross square feet of floor area and approximately 188 off-street parking spaces, after demolition of three buildings including a vacant former movie theater.  This project is on Assessor's Block 3704, Lots 071, 072 and 073, in C-3-G (Downtown Commercial, General) and C-3-R (Downtown Retail) Districts and a 120-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of June 10, 2010)

 

SPEAKERS:     In support:  Project Sponsors, Peter Albert – MTA staff, David Addington, David Villa-Lobos, Jamie Whitaker, David Fariello, Greg Holland, Carolyn Diamond, Gladys Thacher, Ramon Hernandes, Joanna Ladd, Eileen Ward, Jesus Ochoa, Bernadette Walter, John Duggan, David De la Torre, Michael Zonta, Stanley Herzstein, Steve Barton, Manny Flores, Bernie Thomas, and Padia; In opposition:  James Whitaker, Tom Radulovich, Manish Champsee, Jim Wershell, David Christensen, Andy Thornley, and Skot Kulper

ACTION:           Approved CEQA Findings

AYES:              Antonini, Borden, Lee, Olague, and Miguel

NAYES:            Moore and Sugaya

MOTION:           18136  

 

7b.       2008.0217CVX                                                                    (J. MILLER: (415) 558-6344)                     

935-965 MARKET STREET - south side between 5th and 6th Streets, a through-lot to Stevenson Street - Request for review pursuant to Section 309 of the Planning Code (hereinafter “Code”) of a new-retail shopping center building  (“CityPlace”), approximately 90 feet in height and containing approximately 375,700 gross square feet of floor area and approximately 188 off-street parking spaces, requiring an exception (Code Section 309(a)(8)) of Code standards for off-street loading, a Variance of Code standards for gross floor area calculation for floors over 15 feet average height (Section 102.11) and to allow two oversized openings per Section 155(s)(5)(A), and Conditional Uses for off-street parking in excess of accessory amounts (Code Section 157) and the demolition of a movie theater use (Code Section 221.1), Assessor's Block 3704, Lots 071, 072 and 073, in C-3-G (Downtown Commercial, General) and C-3-R (Downtown Retail) Districts and a 120-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of June 10, 2010)

 

SPEAKERS:     Same as those listed for item 7a

ACTION:           Approved

AYES:              Antonini, Borden, Lee, Sugaya, Olague, and Miguel

NAYES:            Moore

MOTION:           18156  

 

7c.        2008.0217CVX                                                                     (J. MILLER: (415) 558-6344)      

935 – 965 MARKET STREET - south side between  5th and 6th Streets, a through-lot to Stevenson Street - Request for authorization of Conditional Uses for off-street parking exceeding accessory amounts (Code Section 157) and the demolition of a movie theater use (Code Section 221.1), in conjunction with the construction of a retail shopping center (“CityPlace”), Assessor's Block 3704, Lots 071, 072 and 073, in C-3-G (Downtown Commercial, General) and C-3-R (Downtown Retail) Districts and a 120-X Height and Bulk District.

(Continued from Regular Meeting of June 10, 2010)

 

SPEAKERS:     Same as those listed for item 7a

ACTION:           Approved

AYES:              Antonini, Borden, Lee, Sugaya, Olague, and Miguel

NAYES:            Moore

MOTION:           18137  

 

7d.       2008.0217CVX                                                                    (J. MILLER: (415) 558-6344)      

935 – 965 MARKET STREET - south side between 5th and 6th Streets, a through-lot to Stevenson Street - Request for granting of Variances of Code standards for gross floor area calculation for floors over 15 feet average height (Section 102.11) and to allow two oversized openings per Section 155(s)(5)(A) in conjunction with the construction of a retail shopping center (“CityPlace”), Assessor's Block 3704, Lots 071, 072 and 073, in C-3-G (Downtown Commercial, General) and C-3-R (Downtown Retail) Districts and a 120-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of June 10, 2010)

                       

SPEAKERS:     Same as those listed for item 7a

ACTION:           The Zoning Administrator closed the public hearing and granted the variances subject to the standard conditions of approval 

 

8.         2008.1291C                                                                    (A. HOLLISTER:  (415) 575-9078)

631 O’Farrell Street - south side between Hyde and Leavenworth Streets, Lot 001 in Assessor’s Block 0322A - Request for Conditional Use Authorization under Planning Code Sections 209.6(c) and 303 to add a wireless telecommunications service facility operated by T-Mobile located on an 18-story residential building.  The facility would consist of two penthouse-mounted antennas and equipment located in an internal storage room.  The facility is proposed on a Location Preference 2 Site (Preferred Location – Co-Location Site) within the RC-4 (Residential-Commercial Combined, High Density) Use District, the 80-T Height and Bulk District and the North-of-Market Special Use District #2. 

Preliminary Recommendation:  Approval with Conditions

 

SPEAKERS:     None

ACTION:           Approved

AYES:              Antonini, Borden, Lee, Moore, Sugaya, Olague, and Miguel

MOTION:           18138  

 

9.         2010.0113C                                                                   (A. HOLLISTER: (415) 575-9078)

345 Taylor Street - west side between O’Farrell and Ellis Streets, Lot 002 in Assessor’s Block 0324 - Request for Conditional Use Authorization to allow a partial, single-story addition to an existing building to exceed 40 feet in height in an “R” District and to seek an exception from the base 80-foot height limit per the provisions of Planning Code Section 263.7.  The proposed addition would accommodate a new dwelling unit.  The project site is located within the RC-4 (Residential-Commercial Combined, High Density) Use District, the 80-130-T Height and Bulk District and the North of Market Special Use District #1.

Preliminary Recommendation:  Approval with Conditions

                       

SPEAKERS:     None

ACTION:           without hearing, continued to 7/22/10

AYES:              Antonini, Borden, Lee, Moore, Sugaya, Olague, and Miguel

 

10.        2007.1457E                                                                          (J. BATTIS: (415) 575-9022)

1050 Valencia Street -  west side between 21st and 22nd Streets at the southwest corner of Valencia Street and Hill Street; Lot 008 of Assessor’s Block 3617 - Appeal of Preliminary Mitigated Negative Declaration for the construction of a mixed-use development with restaurant and residential uses. The proposed project would also include the demolition of an existing 1,670-square foot (sq ft), one-story restaurant building constructed in 1970. The new proposed five-story building would have 16 dwelling units over a 3,500-sq ft ground-floor and basement level full-service restaurant. The existing building has one off-street parking/loading space, which would be eliminated. The 3,315-sq ft project site is within the Valencia Street Neighborhood Commercial Transit (NCT) zoning district and a 55-X height and bulk district in the Mission District neighborhood.

Preliminary Recommendation: Uphold Preliminary Negative Declaration

            (Continued from Regular Meeting of May 27, 2010)

 

SPEAKERS:     In opposition:  Peter Heinecke, Andrey Bower, Mike Maier, John Barbey, Elizabeth Zitrin, and Barbara Russell; In support:  Jason Henderson, Robin Levit, and Tim Colen

ACTION:           Following testimony, The Commission continued this item to 9/2/10 and required more investigation of historic resources

AYES:              Antonini, Borden, Lee, Moore, Sugaya, Olague, and Miguel

 

11.        2010.0357C                                                                         (A. STARR: (415) 558-6362)

3150 California Street - north side between Presidio Avenue and Lyon Street; Lot 013 in Assessor’s Block 1022 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 303 and 703.3, to allow the establishment of a “formula retail” use (dba Pet Food Express) in a vacant commercial space (formerly dba Hollywood Video) within the NC-2 (Neighborhood Commercial, Small-Scale) District and 40-X Height and Bulk District. 

Preliminary Recommendation:  Approval with Conditions

 

SPEAKERS:     In support:  Project Sponsor, Jim Chestnut, Philip Grogg, Jen Hoff, Emily Scott Pottruck, and Michael Williams; In opposition:  (un-named speaker), Susan Landry, Amy Bearg, Kayla Byrd, Ben, Ospital, John Todaya, Debra Leow, Kathleen Dooley, Greg Lean, Maggie Wogcik, Bobby Wise, Pam Habel, and Megan Johnson

ACTION:           Following a failed motion to disapprove, the item was approved

AYES:              Antonini, Borden, Lee, and Miguel

NAYES:            Moore, Sugaya, and Olague

MOTION:           18139  

 

12.        2010.0126D                                                                 (G. Cabreros: (415) 558-6169)

60 NORMANDIE TERRACE - east side between Vallejo Street and Broadway; Lot 001H in Assessor's Block 0960 - Request for Discretionary Review of Building Permit Application No. 2007.04.05.8176 proposing to reclad all exterior facades, a side horizontal addition at the south elevation and interior alterations including excavation for additional basement space at the existing four-story-over-basement, single-family residence 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

                        (Continued from Regular Meeting of June 10, 2010)

 

SPEAKERS:     None

ACTION:           without hearing, item was continued to 9/2/10

AYES:              Antonini, Borden, Lee, Moore, Sugaya, Olague, and Miguel

 

13a.      2009.1124DDV                                                                 (S. HAYWARD: (415) 558-6372)

136 ORD STREET - west side of Ord Street between Corbett and Market Streets, Assessor’s Block 2657, Lot 004 - Request for Discretionary Review of Building Permit Application No. 2009.07.14.2604 to construct a new single-family home at the front of the subject lot - The new building would be located in front of the existing building on the lot, with a courtyard maintained between the two structures. The subject property is within an RH-2 Zoning District and a 40-X Height and Bulk District.

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

(Continued from Regular Meeting of May 27, 2010)

 

SPEAKERS:     In support of DR:  Geary Wiess and Sala Sobel – DR Requestors, Daniel Freedman, Richard Johnson, Mark Riser, Judith Hoyem, Charles Wicfard, and Ben Frommagen; In support of project:  John Maroni and John Hudson

ACTION:           The Commission did not take DR and approved the project

AYES:              Antonini, Borden, Lee, Moore, Sugaya, Olague, and Miguel

DRA No.           0160    

 

13b.      2009.1124DDV                                                                 (S. HAYWARD: (415) 558-6372)

136 ORD STREET - west side of Ord Street between Corbett and Market Streets, Assessor’s Block 2657, Lot 004 - the Zoning Administrator will consider a Request for a Variance from Planning Code Section 134 to construct a new single-family home within the required rear yard of the subject lot. 

(Continued from Regular Meeting of May 27, 2010)

 

SPEAKERS:     Same as those listed for item 13a

ACTION:           The Zoning Administrator closed the public hearing and granted the variance subject to the standard conditions of approval

 

14a.      2008.0430DV                                                                       (M. Smith: (415) 558-6322)

2299 MARKET STREET - south side of the intersection of Market, Noe, and 16th Streets; Lot 091 in Assessor's Block 3564 - Request for Discretionary Review of Building Permit Application No. 2009.10.09.8389 proposing to construct a five-story mixed-use building with ground floor commercial space, 18 dwelling units and 18 off-street parking spaces located within the basement. The property is located in the Upper Market Neighborhood Commercial District and a 50-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve

 

SPEAKERS:     None

ACTION:           Agreement reached and DR’s were withdrawn

 

14b.      2008.0430DV                                                                       (M. Smith: (415) 558-6322)

2299 MARKET STREET - south side of the intersection of Market, Noe, and 16th Streets; Lot 091 in Assessor's Block 3564 - Request for a rear yard modification pursuant to Section 134(e) of the Code for Building Permit Application No. 2009.10.09.8389 proposing to construct a five-story mixed-use building with ground floor commercial space, 18 dwelling units and 18 off-street parking spaces located within the basement. The proposed rear yard would be located at the southeast corner of the property.  The property is located in the Upper Market Neighborhood Commercial District and a 50-X Height and Bulk District.

 

SPEAKERS:     None

ACTION:           Agreement reached and DR’s were withdrawn

 

H.         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.

 

15.        Consideration of Adoption:

·         Draft Minutes from Regular Meeting of February 18, 2010

 

SPEAKERS:     None

ACTION:           Approved

AYES:              Antonini, Borden, Lee, Moore, Sugaya, Olague and Miguel

 

16.        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.

                

                 None

 

I.          DIRECTOR’S REPORT

 

17.        Director’s Announcements

           

            None

 

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

                       

                        None

 

J.         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))

 

SPEAKERS:          None

 

Adjournment:    11:30 p.m.

 

Adopted:       December 16, 2010

Last updated: 12/20/2010 11:28:23 AM