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Public Hearings 
 

July 12, 2007 (Correction)

July 12, 2007 (Correction)

CORRECTION

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, July 12, 2007

1:00 PM

Regular Meeting

President: Dwight S. Alexander

Vice-President: Christina R. Olague

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

Hisashi Sugaya

Commission Secretary: Linda D. Avery

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

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

Or

View the broadcast live, Thursdays on Cable Channel 78.

And

The re-broadcast on Fridays at 8:00 p.m., Cable Channel 26

THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT THE PLANNING DEPARTMENT
1650 MISSION STREET, 4TH FLOOR RECEPTION

Commission Meeting Procedures

Material submitted by the public for Commission review prior to a scheduled hearing should be received by the Planning Department reception counter at 1650 Mission Street, 4th floor, no later than 5:00 PM the Wednesday (eight days) prior to the scheduled public hearing. Persons unable to attend a hearing may submit written comments regarding a calendared item to: Planning Commission, 1650 Mission Street, Suite 400, San Francisco, CA 94103-2414. Comments received by 11:00 AM on the day of the hearing will be made part of the official record and will be brought to the attention of the Planning Commission at the public hearing. Otherwise, submit material related to a calendared item at the scheduled hearing for distribution. For complete distribution to all Commissioners, necessary staff and case/docket/correspondence files, submit an original plus 10 copies. When sending e-mail correspondence to Commissioners, please copy the Commission Secretary at: linda.avery@sfgov.org

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

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

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

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

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

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

San 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.

1:00 PM _________

ROLL CALL: Commission President: Dwight S. Alexander

Commission Vice-President: Christina R. Olague

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

Kathrin Moore; Hisashi Sugaya

EXECUTIVE SESSION

Public comments on matters to be discussed in Closed Session.

Consider adoption of a motion on whether to assert the attorney-client privilege regarding the matters listed below as Conference with Legal Counsel.

THE PLANNING COMMISSION WILL GO INTO CLOSED SESSION TO DISCUSS THE FOLLOWING:

Conference with Legal Counsel – Pursuant to California Government Code Section 54956.9(a) and San Francisco Administrative Code Section 67.10(d)(1). (Kate Stacy / Audrey Pearson)

Existing Litigation: San Franciscans for Livable Neighborhoods v. City and County of San Francisco, San Francisco Superior Court Case 504-780, Court of Appeal A112987.

Following the closed session, the Planning Commission will reconvene in open session and will consider a motion to

  1. Disclose no information, or

  1. Disclose information that a majority deems to be in the public interest.

1:30 P.M.

  • CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

The Commission will consider a request for continuance to a later date. The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.

1. 2007.0136C (E. Watty: (415) 558-6620)

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

Preliminary Recommendation: Approval with conditions

(Continued from Regular Meeting of June 21, 2007)

(Proposed for Continuance to August 9, 2007)

2. 2007.0469C (E. JACKSON: (415) 558-6363)

1049 -1053 Howard Street - southeast side, between Russ and Moss Streets, Lot 074 in Assessor's Block 3731 - Request for Conditional Use Authorization pursuant to Planning Code Sections 816.15 and 303 to amend a previously approved CU authorization, allowing a group housing facility within an SLR (Service, Light Industrial, Residential) Zoning District with a 50-X Height and Bulk designation.

Preliminary Recommendation:

(Proposed for Continuance to July 19, 2007)

3. 2007.0246C (A. HOLLISTER: (415) 575-9078)

1326 Polk Street - east side between Pine and Bush Streets, Lot 005 in Assessor's Block 0668 - Request for Conditional Use Authorization to establish a financial service (dba  CitiFinancial Services, Inc. ) of approximately 1755 square feet within the vacant, existing ground-floor commercial space. No physical expansion of the existing building is proposed. Financial services that will be offered at this site include home mortgages, personal loans and automotive loans. This site is within the Polk Street Neighborhood Commercial District, and a 65-A Height and Bulk District.

Preliminary Recommendation: Approval

(Proposed for Continuance to August 2, 2007)

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 June 7, 2007.
  • Draft Minutes of Special Meeting of June 21, 2007.
  • Draft Minutes of Regular Meeting of June 21, 2007.
  • Draft Minutes of Special Meeting of October 19, 2006.
  • Draft Minutes of Special Meeting of January 19, 2006.

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 and Board of Appeals

8. 2002.0626CEKVX (J. MILLER: (415) 558-6344)

1160 MISSION STREET - north side between Seventh and Eighth Streets, Lots 37, 38 and 56 in Assessor's Block 3702 - Informational presentation to the Planning Commission on the Public Art Program pursuant to Section 149 of the Planning Code.

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.

F. 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.

9. 2007.0344C (E. OROPEZA: (415) 558-6381)

2410-2412 MISSION STREET - west side between 20th and 21st Streets; Lot 002 in Assessor's Block 3609 - Request for Conditional Use Authorization to allow a "formula retail use" pursuant to Planning Code Sections 703.3, 703.4 and 712.40. The proposal is to renovate and merge two vacant commercial units into one for occupancy by  AT&T, which is a formula retail use, within the NC-3 (Moderate-Scale Neighborhood Commercial) District, the Mission Alcoholic Beverage Restricted Use Special Use District and a 50-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

10. 2007.0301G (A. HESIK: (415) 558-6602)

225-227 FRONT STREET - west side between Sacramento and California Streets, Assessor's Block 0237, Lot 005 - Request for a change of designation pursuant to Planning Code Section 1106: consideration of adoption of a resolution recommending approval of a proposal to change the designation of the subject property. The subject property is a two-story, reinforced concrete commercial building with Gothic Revival-style details constructed in 1907 and 1929. The building is within a C-3-0 (Downtown Office) District and a 75-X Height and Bulk District. It is designated as a Category V Building (Unrated) under Article 11 of the Planning Code and is within the Front-California Conservation District.

Preliminary Recommendation: Approval

11a. 2007.0242CV (A. HESIK: (415) 558-6602)

875 Post Street - south side between Leavenworth and Hyde Streets, Lot 014 in Assessor's Block 0303 - Request for Conditional Use Authorization to reduce the parking requirement by one off-street parking space pursuant to Planning Code Section 161(h) in connection with the proposed construction of four dwelling units in the ground floor of the existing building. There would be no physical expansion of the existing building. Requests for Variances from the rear yard, open space, and dwelling unit exposure requirements of the Planning Code will be considered by the Zoning Administrator at the same hearing. The site is within an RC-4 (Residential-Commercial Combined, High Density) District, the North of Market Residential Special Use District (Subarea no. 2), and an 80-T Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

11b. 2007.0242CV (A. HESIK: (415) 558-6602)

875 Post Street - south side between Leavenworth and Hyde Streets, Lot 014 in Assessor's Block 0303 - Request for Variance of Planning Code standards for rear yard, usable open space and dwelling-unit exposure in connection with the proposed construction of four dwelling units in the ground floor of the existing building. There would be no physical expansion of the existing building. The site is within an RC-4 (Residential-Commercial Combined, High Density) District, the North of Market Residential Special Use District (Subarea no. 2), and an 80-T Height and Bulk District.

12. 2007.0330D (M. LI: (415) 558-6396)

1077 POST STREET - south side between Polk and Larkin Streets, Lot 017 in Assessor's Block 0693 - Mandatory Discretionary Review of Building Permit Application No. 2007 0327 7402 to maintain operation of an existing medical cannabis dispensary (dba  Grass Roots ) of approximately 875 square feet. The property is within an RC-4 (Residential-Commercial Combined, High Density) District, the North of Market Residential Special Use District, and an 80-T Height and Bulk District. There will be no physical expansion of the existing building or commercial space.

Preliminary Recommendation: Do not take discretionary review and approve the project as proposed

  • G.REGULAR CALENDAR

13. 2007.0193D (M. LI: (415) 558-6396)

722 COLUMBUS AVENUE - east side between Filbert and Greenwich Streets, Lot 027 in Assessor's Block 0090 - Mandatory Discretionary Review of Building Permit Application No. 2007 0206 3529 to maintain operation of an existing medical cannabis dispensary (dba  Medical Cannabis Center ) of approximately 1,000 square feet. The property is within the North Beach Neighborhood Commercial District and a 40-X Height and Bulk District. There will be no physical expansion of the existing building or commercial space.

Preliminary Recommendation: Take Discretionary Review and disapprove the project.

(Continued from Regular Meeting of June 21, 2007)

14. 2004.1245E (N. TURRELL: (415) 575-9047)
300 Grant Avenue
(aka 272 and 290 Sutter Street) - Assessor's Block 0287, Lots 013, 014 - Appeal of a Preliminary Mitigated Negative Declaration. The 10,500 square-foot project site is located at 300 Grant Avenue (aka 272-290 Sutter Street) on the northeast corner of Grant Avenue and Sutter Street in the Financial District neighborhood. The proposed project would involve the demolition of two buildings containing approximately 35,600-square feet of retail space and construction of an approximately 114,354 gross square foot, 12-story, 130-foot tall building containing up to 56 residential units, 15,000 square feet of retail space, and 34 to 40 off-street parking spaces. The retail entrance to the proposed project would be at the corner of Grant Avenue and Sutter Street, while the residential lobby entrance would be at the corner of Grant Avenue and Harlan Place. Access to the parking garage would be from Harlan Place off Grant Avenue. The site is zoned C-3-R (Downtown Retail) within an 80-130-F height and bulk district, and the Downtown Area Plan of the General Plan.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration

(Continued from Regular Meeting of June 28, 2007)

15a. 2004.1245EKVX (J. MILLER: (415) 558-6344)

300 GRANT AVENUE (aka 272 and 290 Sutter Street) - northeast corner at Sutter Street, Lots 13 and 14 in Assessor's Block 287, in a C-3-R (Downtown Retail) District and an 80-130-F Height and Bulk District - Request for review under Planning Code ("Code") Section 309 of the construction of a new, 11-story mixed-use building containing approximately 43 dwelling units, approximately 15,000 square feet of ground- and second-floor retail space, and up to 40 off-street parking spaces in a two-level underground garage, requiring the authorization of exceptions to Code standards for height above 80 feet, building bulk, rear yard, and off-street parking, as well as the granting of Variances of Code standards for usable open space and dwelling-unit exposure.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of June 28, 2007)

15b. 2004.1245EKVX (J. MILLER: (415) 558-6344)

300 GRANT AVENUE (aka 272 and 290 Sutter Street) - northeast corner at Sutter Street, Lots 13 and 14 in Assessor's Block 287, in a C-3-R (Downtown Retail) District and an 80-130-F Height and Bulk District - Request for Variance of Planning Code standards for usable open space and dwelling-unit exposure in conjunction with the construction of a new, 11-story mixed-use building containing approximately 43 dwelling units, approximately 15,000 square feet of ground- and second-floor retail space, and up to 40 off-street parking spaces in a two-level underground garage.

(Continued from Regular Meeting of June 28, 2007)

16. 2007.0587T (T. SULLIVAN-LENANE: (415) 558-6257)

Amendments relating to Medical Cannabis Dispensary Planning Code Sections 209.3, 217, 790.141, and 890.133 [Board File No. 07-0667].Ordinance introduced by Supervisor Alioto-Pier amending sections of the San Francisco Health and Planning Codes to a) require the Director of Public Health to certify that applicants for Medical Cannabis Dispensary permits have not been convicted of certain felony offenses, (b) require the Department of Building Inspection to review and approve Dispensaries' security measures, including lighting and alarms, (c) authorize the Mayor's Office of Disability to approve equivalents to new construction accessibility requirements where Dispensaries demonstrate a hardship and satisfy minimum standards; and (d) extend the time period for Dispensaries to obtain a Medical Cannabis Dispensary permit to January 1, 2008.

Preliminary Recommendation: Approval.

17. 2003.0347T (K. DISCHINGER: (415) 558-6284)

AMENDMENTS TO THE PLANNING CODE RELATIVE TO DEDICATING A PORTION OF THE VAN NESS AND MARKET NEIGHBORHOOD INFRASTRUCTURE PROGRAM TO AFFORDABLE HOUSING The Commission will consider adopting an amendment to the Planning Code to dedicate a portion of the Van Ness and Market Neighborhood Infrastructure program to affordable housing. The Planning Department, in coordination with our consulting team, has completed an analysis of the potential for an increased affordable housing contribution within the plan area. The amendments before the Planning Commission offers a substitute ordinance for section 249.33 adopted by the Planning Commission on April 5th. The proposed amendments would dedicate a portion of all of the Van Ness and Market Neighborhood Infrastructure Program to affordable housing.

Preliminary Recommendation: Approval

6:00 P.M.

18. 2006.0074TZ (J.Lau: (415) 558-6383)

BAYVIEW HUNTERS POINT AREA PLAN RELATED TO PLANNING CODE AND MAP AMENDMENTS. The Planning Commission will consider adopting Planning Code and Map Amendments of the City and County of San Francisco according to the provisions of Sections 302 and 306.3 of the Planning Coderelated to the creation of new Industrial Use Districts in Bayview Hunters Point. The new zoning would encompass the following areas: (1) the area generally bounded by Cesar Chavez Street, Bayshore Boulevard, Jerrold Avenue, Barneveld Avenue, McKinnon Avenue, Tolland Street, Evans Avenue, and Third Street; (2) the area generally bounded by Loomis Street, the I-280 Freeway, Oakdale Avenue, the Caltrain right-of-way, Evans Avenue, Toland Street, and McKinnon Avenue; (3) the area generally bounded by Bayshore Boulevard, Paul Avenue, Egbert Avenue, Hawes Street, Yosemite Slough, the Hunters Point Shipyard, Thomas Avenue, Jennings Street, Van Dyke Avenue, Williams Avenue and Phelps Street. The Planning Commission certified the Bayview Hunters Point Plan Environmental Impact Report, adopted CEQA Finding, and adopted the Bayview Hunters Point Area Plan, an amendment to the General Plan, on March 2, 2006 with Motion Nos. 17200, 17201, and Resolution No. 17202 respectively. These Zoning Text and Map Amendments would implement various objectives from the Bayview Hunters Point Area Plan that seek to retain space for jobs and light industrial activities and to reduce land use conflicts between housing and industry in the Bayview.

A) 2006.0074ETZ (J. Lau: (415) 558-6383)

Adoption of a Planning Code Text Amendment - Consideration of a resolution to adopt an amendment to the Planning Code, including adding Sections 121.5, 121.7, 210.7, 210.8, 210.9, 230, and 249.32; and amending Sections 204.3, 204.4, 210, 210.6, and 213. The amendment would establish a PDR-1 (Light Industrial Buffer) District, a PDR-2 (Production, Distribution, and Repair) District, and a South Basin Design and Development Special Use District (South Basin SUD) . The Amendments would also amend provisions related to uses, and add provisions related to use size, subdivision of lots, and demolition of industrial related structures. These provisions would, in part, support and encourage a wide range of light industrial activities, restrict residential development, and limit the size of retail and office uses in the new use districts. Provisions related to the South Basin SUD would further encourage and accommodate a mix of arts, product testing and development, telecommunications support, office, business services, and light industrial activities.

Preliminary Recommendation: Approve the resolution amending the Planning Code.

B) 2006.0074ETZ (J. Lau: (415) 558-6383)

Adoption of a Zoning Map Amendment - Consideration of a resolution to adopt an amendment to the Zoning Map. The amendment consists of revisions to Sectional Maps 8, 9, 10, and 10 SU of the Zoning Map of the City and County of San Francisco. This amendment would: 1) reclassify the area generally bounded by Cesar Chavez Street, Barneveld Avenue, McKinnon Avenue, Evans Avenue, and Third Street from M-2 to PDR-2; 2) reclassify the area generally bounded by Loomis Street, the I-280 Freeway, Oakdale Avenue, and the Caltrain right-of-way from M-1 (Light Industrial) to PDR-2 (Production, Distribution, and Repair); 3) reclassify much of the South Basin District, generally bounded by Bayshore Boulevard, Paul Avenue, Egbert Yosemite Slough, the Hunters Point Shipyard, Thomas Avenue, and Williams Avenue, from M-1 to PDR-2; 4) establish a PDR-1 (Light Industrial Buffer) designation over the northern and southern edges of the South Basin District, on the east side of Third Street, roughly along Fitzgerald, Van Dyke, Underwood, and Thomas Avenues – on properties currently zoned M-1; and 5) apply the South Basin SUD (South Basin Design and Development Special Use District) to the area generally bounded by Paul Avenue, Bayshore Boulevard, Phelps Street, Williams Avenue, and Third Street.

Preliminary Recommendation: Approve the resolution amending the Zoning Map.

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

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

Adjournment:

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