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Seal of the City and County of San Francisco
City and County of San Francisco
Public Hearings 
 
May 26, 2005

SAN FRANCISCO
PLANNING COMMISSION

Notice of Meeting
&
Calendar

Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, May 26, 2005
1:30 PM

Regular Meeting

President: Sue Lee

Vice-President: Dwight S. Alexander

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

Commission Secretary: Linda D. Avery

Commission Calendars are available on the Internet at http://www.sfgov.org/planning
or as a recorded message at (415) 558-6422.

View the meeting online at: http://www.sfgov.org/site/sfgtv_index.asp

Or

View the broadcast on Fridays at 8:00 P.M.

THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT THE PLANNING DEPARTMENT
1660 MISSION STREET, 5TH FLOOR RECEPTION

Commission Meeting Procedures

Material submitted by the public for Commission review prior to a scheduled hearing should be received by the Planning Department reception counter at 1660 Mission Street, 5th floor, no later than 5:00 PM the Wednesday (eight days) prior to the scheduled public hearing. Persons unable to attend a hearing may submit written comments regarding a calendared item to: Planning Commission, 1660 Mission Street, Suite 500, San Francisco, CA 94103-2414. Comments received by 11:00 AM on the day of the hearing will be made part of the official record and will be brought to the attention of the Planning Commission at the public hearing. Otherwise, submit material related to a calendared item at the scheduled hearing for distribution. For complete distribution to all Commissioners, necessary staff and case/docket/correspondence files, submit an original plus 10 copies. When sending e-mail correspondence to Commissioners, please copy the Commission Secretary at: linda.avery@sfgov.org

Pursuant to Government Code Section 65009, if you challenge, in court, (1) the adoption or amendment of a general plan, (2) the adoption or amendment of a zoning ordinance, (3) the adoption or amendment of any regulation attached to a specific plan, (4) the adoption, amendment or modification of a development agreement, or (5) the approval of a variance, conditional-use authorization, or any permit, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission, at, or prior to, the public hearing.

Commission action on conditional-uses and reclassification may be appealed to the Board of Supervisors within 30 days. Call (415) 554-5184 for more information. Commission actions after Discretionary Review may be appealed to the Board of Appeals within 15 days of action by the Central Permit Bureau. Call (415) 575-6880 for more information. Zoning Administrator action on a variance application may be appealed to the Board of Appeals within 10 days of issuance of the written decision.

The Commission has instituted a policy that, in most cases, they will not call an item for consideration after 10:00 PM. If an item is scheduled but not called or introduced prior to 10:00 PM, the Commission may continue the matter to the next available hearing. Items listed on this calendar will not be heard before the stated time.

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

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

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

San Francisco Lobbyist Ordinance

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

Accessible Meeting Policy

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

Know Your Rights Under the Sunshine Ordinance

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

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

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

COMMUNICATIONS

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

1) Planning Department Case Executive Summary

2) Planning Department Case Report

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

4) Public Correspondence

These items will be available for review at the Planning Department, 1660 Mission St., 5th floor reception.

1:30 PM _________

ROLL CALL: Commission President: Sue Lee

        Commission Vice-President: Dwight S. Alexander

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

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. 2003.1210CK (M. SNYDER: (415) 575-6891)

        5600 - THIRD STREET - the block bounded by Third Street, Bancroft Avenue, Mendell Street, and Armstrong Avenue, Lots 3, 5, 6, 7, 8, 9, and 11 in Assessor's Block 5421. Request for Conditional Use authorization to allow residential dwelling units in an M-1 (Light Industrial) District pursuant to Planning Code Section 215, and to allow a Planned Unit Development pursuant to Planning Code Section 304, which would include exceptions to configuration of the rear yard (Planning Code Section 134), dwelling unit density (Planning Code Section 215), and for commercial parking (Planning Code Section 151). The subject property is within an M-1 (Light Industrial) District, a Third Street Special Use District (lot 11 only), and a 65-B Height and Bulk District.

    (Proposed for Continuance to June 2, 2005)

        2. 2005.0375D (G. NELSON (415) 558-6257)

        1122 GREEN STREET - north side between Leavenworth and Hyde Streets, lot 006 in Assessor's Block 0122 - Request for Discretionary Review of Building Permit Application No. 2004.07.28.9990, proposing to 1) enlarge the garage (previously approved but not yet constructed) internally to accommodate three cars, 2) remove and reconfigure (replace) the exterior front stairs, 3) make several minor modifications to portions of the front and side facades, and 4) remodel portions of the interior of the building, primarily the lower floor apartment, of a three-family dwelling in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District. The proposal would result in the creation of three off-street parking spaces.

    Preliminary Recommendation: Pending

          (Proposed for Continuance to June 9, 2005)

        3. 2003.0869E (J. NAVARRETE: (415) 558-5975)

        88 FIFTH STREET - THE OLD U.S. MINT - Appeal of Preliminary Mitigated Negative Declaration - The proposed project is the rehabilitation plus seismic upgrade and addition to the United States Old Mint located at 88 Fifth Street in downtown San Francisco (Assessor's Block 3704, Lot 11). The existing three-story plus an occupied attic 99,921-gross-square-foot (gsf) building would be retained, and the first floor courtyard enclosed in 1973 for offices would be removed, (a deduction of 4,336 gsf), and additional circulation bridges, stairs and an elevator (addition of 2,642 gsf) would be added within the existing 4-story courtyard. The existing attic would be expanded on the roof along the south side of the courtyard to create a museum gallery (an addition of 1,554 gsf) with a view of the city skyline to the south. The courtyard removal and additions of bridges and roof gallery would result in an overall reduction of gsf, for a total floor area of 99,788 gsf. The building would include 79,957 square feet if usable space total including: 36,326 sf of City History Museum space, 2,082 sf of Museum office space, 2,045 sf of museum back of house space, 2,044 sf of museum retail, and 3,336 sf of museum theater space. Tenants in the building would be the 8,153 sf Gold Rush and Money Museum, 2,492 sf of small retail lease spaces, and 6,360 gsf of restaurant space and cafe. 3,987 sf would be used for the San Francisco Visitor Center, and the remaining 11,108 sf would be circulation, toilets and support spaces ancillary to the museum use. The project would include closure of Jessie Street to vehicles, between Mint and Fifth Streets, to be used for outdoor restaurant seating. The project site is approximately 47,515 sq. ft., is zoned P (Public) within a 90-X height and bulk district, and within the Mid-Market St. Revitalization and Conservation District. Transaction document approvals would be required from the Board of Supervisors, and a Certificate of Appropriateness would be required by the Landmarks Preservation Advisory Board.

        Preliminary Recommendation: Uphold Mitigated Negative Declaration

        (Continued from Regular Meeting of May 19, 2005)

          (Proposed for Continuance to June 16, 2005)

    4. 2005.0256T (P. LORD: (415) 558-6311)

        SACRAMENTO STREET NEIGHBORHOOD COMMERCIAL DISTRICT RESIDENTIAL CONVERSION TO OTHER INSTITUTION - Consideration of an Ordinance amending San Francisco Planning Code by amending Section 724.1 to allow for conversion of upper floor residential units in the Sacramento Street Neighborhood Commercial District as a conditional use, where: the new use will be an Other Institution, Educational Service use, only one dwelling unit in building will be converted, and that unit is the only non-residential use in the building, and no legally residing tenant with be displaced: and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

    Preliminary Recommendation: Approval

          (Continued from Regular Meeting of May 19, 2005)

          (Proposed for Continuance to June 23, 2005)

    5. 2004.1106CV (J. PURVIS: (415) 558-6354)

        1360-1364 STEVENSON STREET - west side between McCoppin and Duboce Streets; Lot 073 in Assessor's Block 3513 - Request for Conditional Use Authorization under Planning Code Section 215(a) to construct a four-story, five-unit residential building on a vacant lot within the C-M (Heavy Commercial) District. A Rear Yard Variance is sought under Section 134(a) to provide rear yard open space within an inner court and a rear setback. The Zoning Administrator will hear the Rear Yard Variance immediately following the Planning Commission's hearing on the Conditional Use. The site is within the C-M District, and a 105-E Height and Bulk District.

    Preliminary Recommendation: Approval with Conditions

          (Proposed for Continuance to June 23, 2005)

    6. 2004.1106CV (J. PURVIS: (415) 558-6354)

        1360-1364 STEVENSON STREET - west side between McCoppin and Duboce Streets; Lot 073 in Assessor's Block 3513 - Request for Conditional Use Authorization under Planning Code Section 215(a) to construct a four-story, five-unit residential building on a vacant lot within the C-M (Heavy Commercial) District. A Rear Yard Variance is sought under Section 134(a) to provide rear yard open space within an inner court and a rear setback. The site is within the C-M District, and a 105-E Height and Bulk District.

          (Proposed for Continuance to June 23, 2005)

B. COMMISSIONERS' QUESTIONS AND MATTERS

        7. Consideration of Adoption

      · Draft Minutes of Special Meeting of April 21, 2005

      · Draft Minutes of Regular Meeting of April 28, 2005

      8. Commission Comments/Questions

C. DIRECTOR'S REPORT

    9. Director's Announcements

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

        11. (A. JOHN-BAPTISTE: (415) 558-6547)

        UPDATE OF THE DEPARTMENT'S BUDGET

D. GENERAL PUBLIC COMMENT - 15 MINUTES

    At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting. Each member of the public may address the Commission for up to three minutes.

E. PUBLIC COMMENT ON AGENDA ITEMS WHERE THE PUBLIC HEARING HAS BEEN CLOSED

    At this time, members of the public who wish to address the Commission on agenda items that have already been reviewed in a public hearing at which members of the public were allowed to testify and the public hearing has been closed, must do so at this time. Each member of the public may address the Commission for up to three minutes.

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

12. 2005.0212T (P. LORD: (415) 558-6311)

        DIVISADERO STREET FORMULA RETAIL CONTROLS - Consideration of an Ordinance amending San Francisco Planning Code by amending Section 703.3 to designate formula retail uses as a conditional use in the NC-2 (Small-Scale Neighborhood Commercial) District along Divisadero Street from Haight to Turk Streets and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

        Preliminary Recommendation: Approval with modifications

        NOTE: On May 19, 2005, following public testimony the Commission closed the public hearing and entertained a motion to disapprove. The motion failed to carry by a vote of +2-2; Commissioners Olague and Sue Lee voted No; Commissioners Hughes and W. Lee were absent, and Commissioner Alexander was excused. A motion to approve failed to carry for lack of a second. The Commission then continued the matter to May 26, 2005 to allow the absent commissioners the opportunity to participate in any final action.

G. REGULAR CALENDAR

    13. 2005.0219Z (P. LORD: (415) 558-6311)

        ZONING MAP AMENDMENTS TO CHANGE THE HEIGHT AND BULK DESIGNATIONS FOR ASSESSOR'S BLOCK 0139, 0140, AND 0141 (BOUNDED BY BATTERY STREET, VALLEJO STREET, EMBARCADERO AND BROADWAY) - Consideration of an Ordinance amending San Francisco Planning Code by amending the Zoning Map of the City and County of San Francisco, Sheet 1H, to change the height and bulk designation of Assessor's Block 0139 from 84-E to 40-X and to change the height and bulk designations of Assessor's Blocks 0140 and 0141 from 84-E to 65-X, and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

        Preliminary Recommendation: Approval with Modifications

              (Continued from Regular Meeting of May 12, 2005)

        14. 2004.1338C (S. VELLVE: (415) 558-6263)

        2231 PINE STREET - south side between Fillmore and Webster Streets; Lot 031 in Assessor's Block 0660 - Request for Conditional Use authorization pursuant to Section 209.2(d) of the Planning Code to legalize the establishment of a bed and breakfast inn with three guestrooms (Artists' Inn) within an RH-2 (House, Two-Family) District and 40-X Height and Bulk District. The bed and breakfast inn has been in operation for approximately six years, and expansion of the structures is not proposed.

        Preliminary recommendation: Approval with Conditions.

        15. 2004.0055R (J. SWITZKY: (415) 575-6815)

        AMENDMENTS TO THE TRANSBAY REDEVELOPMENT PLAN (GENERAL PLAN REFERRAL) - The Planning Commission adopted General Plan conformity findings for the Transbay Redevelopment Plan on December 9, 2004. However the Redevelopment Agency has proposed amendments to the Transbay Redevelopment Plan resulting from Board of Supervisors input on the Plan, requiring new General Plan conformity findings, pursuant to Section 4.105 of the City Charter and Section 2A.53 of the San Francisco Administrative Code.

        Preliminary Recommendation: Approve the Draft Motion finding the proposed amendments to the Transbay Redevelopment Plan in conformity with the General Plan.

    (Continued from Regular Meeting of May 19, 2005)

    16. 2004.0150C (G. NELSON: (415) 558-6257)

        1450 LOMBARD STREET - north side between Van Ness Avenue and Franklin Street; Lot 029 in Assessor's Block 0498 - Request for Conditional Use authorization pursuant to Section 712.83 of the Planning Code to install five (5) cellular antennas on the roof of the "TraveLodge" hotel, as part of Verizon's wireless telecommunications network, within the NC-3 (Moderate Scale Neighborhood Commercial) District and a 40-X Height and Bulk District. The proposed antennas would be mounted on two existing roof penthouses. The related equipment would be installed within the building and would not be visible from off-site. Per the City & County of San Francisco's Wireless Telecommunications Services (WTS) Facilities Siting Guidelines the project site is a Preferred Location Preference 4, as it is a commercial building in an NC-3 District.

        Preliminary Recommendation: Approval with Conditions.

        17. 2004.0560D (G. CABREROS: (415) 558-6169)

        251 28TH AVENUE - west side between Lake and California Streets, Lot 005 in Assessor's Block 1388 - Request for Discretionary Review of Building Permit Application No. 2004.02.13.6414, proposing to construct a two-story rear addition to an existing two-story, single-family houses in an RH-1(Residential, House, One-Family) District and a 40-X Height and Bulk District.

    Preliminary Recommendation: Take Discretionary Review and approve with modifications

    (Continued from Regular Meeting of May 5, 2005)

        NOTE: On May 19, 2005, the Commission held a public hearing, took public testimony, closed the public hearing, and passed a motion to take discretionary review and approve the project with amendments. During Public Comment at the end of the May 19, 2005 calendar, new information was introduced to the Commission regarding this case. The Commission President instructed that this item be calendared on May 26, 2005, for possible reconsideration.

    19. 2004.0909D (M. SNYDER: (415) 575-6891)

        153 PRENTISS STREET - east side between Powhattan Avenue and 22nd Street, lot 032 in Assessor's Block 5654 - Request for Discretionary Review of Building Permit Application No. 2004.05.21.4489 proposing to construct a rear and north side vertical and horizontal addition. The property is within an RH-1 (House, One-Family) District, the Bernal Heights Special Use District and a 40-X Height and Bulk District .

        Preliminary Recommendation: Do not take DR, to Take Discretionary Review and approve the project with modifications.

        (Continued from Regular Meeting of March 24, 2005)

        NOTE: On March 24, 2005, following public testimony and Commission deliberation, the matter was continued to May 26, 2005. The Commission instructed the project sponsor to revise the drawings and to continue working with the neighbors. The vote was +6 -0. Commissioner Alexander was absent.

        20. 2004.1310DD (G. NELSON: (415) 558-6257)

        1260 FUNSTON AVENUE (AKA 1260 13TH AVENUE) - east side between Lincoln Way and Irving Street; Lot 031 in Assessor's Block 1738 - Requests for Discretionary Review of Building Permit Application No. 2004.09.27.5238 proposing to construct a three-story addition at the rear of a two-story single-family dwelling 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 project with modifications.

    (Continued from Regular Meeting of May 12, 2005)

        21a. 2004.0094D (G. NELSON (415) 558-6257)

        522 37TH AVENUE - east side between Geary Boulevard and Anza Street; lot 015 in Assessor's Block 1508 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2003.08.18.2334, proposing to demolish a three-story, two-family dwelling in the RH-2 (Residential, Two-Family) District and a 40-X Height and Bulk District. There is a related proposal (2004.0095D, below) to construct a four-story, two-family dwelling with two off-street parking spaces.

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

        21b. 2004.0095D (G. NELSON: (415) 558-6257)

        522 37TH AVENUE - east side between Geary Boulevard and Anza Street; lot 015 in Assessor's Block 1508 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new residential building in association with residential demolition, of Building Permit Application No. 2003.08.18.2331, proposing to construct a four-story, two-family structure with two off-street parking spaces in the RH-2 (Residential, Two-Family) District and a 40-X Height and Bulk District. There is a related proposal (2004.0094D, above) to demolish the existing three-story, two-family dwelling.

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

    22. 2004.1161D (K. MCGEE: (415) 558-6367)

        1060 GILMAN AVENUE - north side between Hawes and Griffith Streets; Lot 014 in Assessor's Block 4937 - Request for Discretionary Review of Permit Application No. 2004.03.03.7628, proposing to construct a three-story single-family dwelling on the existing vacant lot. The subject property is located in a RH-1 (Residential, House, Single-Family) and in a 40-X Height and Bulk District.

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

        (Continued from Regular Meeting of May 12, 2005)

        23. 2005.0296D (D. DIBARTOLO: (415) 558-6291)

        333 GREENWICH STREET - south side between Telegraph Hill Blvd. and Montgomery Street; Lot 010, Assessor's Block 0086 - Mandatory Discretionary Review, under the Planning Commission's policy on dwelling unit mergers, of Building Permit Application No. 2005.03.01.6477. The project would merge two dwelling units on the third floor of the structure to reduce the total number of dwellings in the building from six to five. The subject property is within an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

        Preliminary Recommendation: Take Discretionary Review and disapprove the application.

    24. 2004.1132DV (J. PURVIS: (415) 558-6354)

        3288 FOLSOM STREET - west side of Folsom Street north of Stoneman Street; Lot 021 in Assessor's Block 5523 - Request for Discretionary Review of Building Permit Application No. 2004.04.27.2405, proposing to construct a new second-story family room above an existing one-story-over-garage single-family dwelling, projecting 12 feet into the rear yard and without providing additional off-street parking, subject to rear yard and off-Street parking variances, in an RH-2 (Residential, House, Two-Family) Use District, a 40-X Height and Bulk District, and within the Bernal Heights Special Use District.

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

    25. 2004.1132DV (J. PURVIS: (415) 558-6354)

        3288 FOLSOM STREET - west side of Folsom Street north of Stoneman Street; Lot 021 in Assessor's Block 5523 - Request for rear yard and off-street parking variances to construct a new second-story family room above an existing one-story-over-garage single-family dwelling, projecting 12 feet into the rear yard and without providing additional off-street parking. The new floor would be set back 12.5 feet from the front property line and would include a new roof deck at the rear with new stairs and landings projecting twelve feet into the required rear yard. The site is in an RH-2 (Residential, House, Two-Family) Use District, a 40-X Height and Bulk District, and within the Bernal Heights Special Use District.

H. PUBLIC COMMENT

    At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar. Each member of the public may address the Commission for up to three minutes.

    The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the commission is limited to:

    (1) responding to statements made or questions posed by members of the public; or

    (2) requesting staff to report back on a matter at a subsequent meeting; or

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

Adjournment:

Last updated: 11/17/2009 9:59:52 PM