SAN FRANCISCO
PLANNING COMMISSION
Meeting Minutes
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, December 10, 2009
1:30 PM
Regular Meeting
COMMISSIONERS PRESENT: Miguel, Olague, Antonini, Borden, Lee, Moore, and Sugaya
THE MEETING WAS CALLED TO ORDER BY PRESIDENT MIGUEL AT 1:42 P.M.
STAFF IN ATTENDANCE: John Rahaim – Director of Planning, Larry Badiner – Zoning Administrator, Edgar Oropeza, Bill Wycko, Jessica Range, Jim Miller, Tim Frye, Mat Snyder, Tim Johnston, Brett Bollinger, Nannie Turrell, Debra Dwyer, Sharon Lai, Rick Crawford, and Linda Avery – Commission Secretary.
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. 2009.1065T (A. Rodgers: (415) 558-6395)
Development Stimulus and Fee Reform - The Planning Commission will consider three proposed Ordinances introduced by the Mayor as described below. In addition to these three Ordinances the Commission may consider related amendments to the existing City Codes governing planning fees and processes. The three ordinances introduced by the Mayor include:
091251 [Development Fee Collection Procedure; Administrative Fee] - This Ordinance would amend the San Francisco Building Code by adding Section 107A.13 to establish a procedure for the Department of Building Inspection (DBI) to collect development impact and in-lieu fees, to provide that the fees are payable prior to issuance of the first building permit or other document authorizing construction of the project, with an option for the project sponsor to defer payment to prior to issuance of the first certificate of occupancy upon agreeing to pay a deferral surcharge on the amount owed that would be deposited into the same fund that receives the development fees, to require that any in-kind public benefits required in-lieu of payment of development fees are implemented prior to issuance of the first certificate of occupancy for the project, to require DBI to generate a Project Development Fee Report prior to issuance of the building or site permit for the project listing all fees due with the opportunity for an appeal of technical errors to the Board of Appeals, to establish a Development Fee Collection Unit within DBI and a fee for administering the program; adopting findings, including environmental findings.
091252 [Affordable Housing Transfer Fee Restriction Alternative for Inclusionary and Jobs Housing Linkage Programs] -This Ordinance would amend the San Francisco Planning Code by amending Sections 313.4 and 315.5 and by adding Section 313.16 to add an alternative for compliance with the Jobs Housing Linkage Program and the Residential Inclusionary Affordable Housing Program by allowing a project sponsor to defer 33% of its obligation under either Program in exchange for recording an Affordable Housing Transfer Fee Restriction on the affected property providing that 1% of the value of the property be paid to the Citywide Affordable Housing Fund at every future transfer of the Property.
091275 [Development Impact and In-Lieu Fees] - This Ordinance would amend the San Francisco Planning Code by creating Article 4 for development impact fees and development impact requirements that authorize the payment of in-lieu fees; by adding Section 402 to provide that all Planning Code development impact and in-lieu fees will be collected by the Department of Building Inspection prior to issuance of the first building permit or other document authorizing construction of the project, with an option for the project sponsor to defer payment to prior to issuance of the first certificate of occupancy upon agreeing to pay a deferral surcharge on the amount owed that would be deposited into the same fund that receives the fees; by requiring that any in-kind public improvements required in-lieu of payment of development fees are implemented prior to issuance of the first certificate of occupancy for the project; by moving Planning Code Sections 139, a portion of 249.33, 313-313.15, 314-314.8, 315-315.9, 318-318.9, 319-319.7, 326-326.8, 327-327.6, and 331-331.6 and Chapter 38 of the San Francisco Administrative Code (Transit Impact Development Fee) to Article 4 and renumbering and amending the sections; adding introductory sections for standard definitions, payment and collection procedures, conditions of approval, dispute resolution and appeal procedures, waivers, credits, notice, lien procedure, and development fee evaluations every five years; by providing for an appeal of technical fee calculation issues to the Board of Appeals rather than the Planning Commission; requiring the Controller to issue an annual Citywide Development Fee Report; deleting duplicative code provisions and using consistent definitions, language and organization throughout; adopting findings, including Section 302 and environmental findings; instructing the publisher to put a note at the original location of the renumbered sections stating that the text of those sections has been moved and providing the new section number.
Preliminary Recommendation: Approval with modifications.
(Proposed for continuance to January 14, 2010)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Miguel, Olague, Antonini, Borden, Lee, Moore, and Sugaya
2. 2009.1053TZ (T. SULLIVAN: (415) 558-6257)
Amendments to the Planning Code to Require a Conditional Use Authorization for the installation of a garage opening in existing buildings, reduce the parking requirements in certain Northeast Neighborhoods, and creating the Telegraph Hill-North Beach Residential Special Use District [Board File No. 09-1165] -Ordinance introduced by Supervisor Chiu amending Planning Code Sections 714.94, 722.94, 803.2, and Table 810 to require a Conditional Use Authorization to install a garage in an existing residential structure in the Broadway NCD, the North Beach NCD, and the Chinatown Mixed Use and Community Business Districts; adding Section 249.46 and amending Section SU01 of the Zoning Map to establish the Telegraph Hill-North Beach Residential Use Special Use District to include the residentially-zones areas bounded by Bay Street to the North, Sansome Street and the Embarcadero to the East, Broadway to the Sough, and Columbus Avenue to the West, and to require a conditional use to install a garage in a residential structure; amending Section 151 to reduce the minimum parking requirements in the Broadway and North Beach NCDs and the Telegraph Hill – North Beach Residential Special Use District; amending 155 to add Columbus Avenue between Washington and North Point Street to the list of streets where garage entries, driveways, or other vehicular access to off-street parking or loading are prohibited; amending the Public Works Code by amending Section 732.2 to prohibit the issuance of minor sidewalk encroachment permits that would facilitate the installation of parking in a residential structure; 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.
(Proposed for continuance to January 14, 2010)
SPEAKERS: None
ACTION: Continued as proposed
AYES: Miguel, Olague, Antonini, Borden, Lee, Moore, and Sugaya
B. 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. 2009.0835C (E. OROPEZA: (415) 558-6381)
2862 24th STREET, between Florida and Bryant Streets; Lot 019 in Assessor’s Block 4208 – Request for Conditional Use Authorization to establish a Full Service- Restaurant, dba “Sugarlump,” per Planning Code Section 727.42 within the 24th Street Mission Neighborhood Commercial Transit District, and a 45-X Height and Bulk District. The project is also within the Mission Alcoholic Beverage Special Use Subdistrict. The proposed eating establishment is not identified as a formula retail use.
Recommendation: Approve with Conditions
SPEAKERS: None
ACTION: Approved
AYES: Miguel, Olague, Antonini, Borden, Lee, Moore, and Sugaya
MOTION: 17996
C. COMMISSIONERS’ QUESTIONS AND MATTERS
4. 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.
Commissioner Moore:
She reported that she participated in a neighborhood walk with the Mid-Polk Neighborhood Association the other day. Director Rahaim, staff, and Supervisor Chiu also participated. It was very informative and she appreciated the neighborhood being very organized.
Commissioner Antonini:
I had a meeting yesterday with an architect and project sponsor that we will be hearing sometime in January involving on site, off site, or in lieu fees. I also want to thank Tiffany Bohi from Michael Cohen’s office and Peter Albert from MTA for a very informative tour they gave yesterday of the India Basin area, Hunters Point and Candlestick Point. It was sort of like looking into the past and seeing the future.
Commissioner Moore:
[When looking through her envelope, she noticed a draft notice of cancellation that included January 7, 2010.] She asked the Commission if they were aware of that and stated her preference to hold a hearing that day. [It was determined to hold a hearing on January 7, 2010.]
Commissioner Miguel:
He met with the owner of the Tip Top Market and city representatives on how they are going and how the city is working with them. We will get a report later on that. He also met with people regarding the 7th Avenue project that is coming up in January regarding BMR. I was a guess at the Community Leadership Alliance in the Tenderloin. I met the new Police Captain down there and had a discussion with him regarding liquor licenses and that sort of thing, and enforcement. Yesterday evening I had the pleasure of meeting with Mercy Housing and some of the community people regarding the project at Fulton and Gough on parcel G that is part of the old Central Freeway.
Commissioner Olague:
For the record, the only meeting I’ve really attended in the past two weeks was with a couple of Swedish-Americans of the Swedish-American Hall. It was very enlightening to understand a little bit more the contributions of that culture in the Bay Area and in the upper Market.
D. DIRECTOR’S REPORT
5. Director’s Announcements
Director Rahaim:
I also wanted to mention the tour of the Middle Polk Neighborhood that Commissioner Moore mentioned. I attended with three other staff and Supervisor Chiu and Commissioner Moore. I always find it useful to see the neighborhood through the resident’s eyes. It was a very interesting tour.
Tomorrow morning I will be attending along with Elaine Forbes and others, the DR Reform meeting in District 11. It will take place at 10 a.m. at the Ingleside Police Station in Balboa Park.
6. Review of Past Week’s Events at the Board of Supervisors, Board of Appeals, and Historic Preservation Commission.
BOARD OF SUPERVISORS
Land Use Committee – on Monday the Committee passed the Tobacco Paraphernalia Establishments. It puts a new moratorium on tobacco paraphernalia establishments Head Shops) in the Polk Neighborhood Commercial District for three years and amends the city wide definition tobacco paraphernalia establishments to clarify and tighten up – going from 10% of the square footage of the occupied floor area rather than the display space.
Full Board –The Board extended Supervisor Chiu’s parking garage legislation in Chinatown and North Beach for another 30 days. The Planning Commission hearing is scheduled for January 14th. They also appointed Fernando Martee to the Eastern Neighborhoods CAC. His term ends October 19, 2011. They also passed a resolution establishing an Infill Opportunity Zone for congestion management training.
Appeals –The CU for 1969 California (the art gallery in a landmark) was continued to January 12, 2010.
Introductions – An ordinance was introduced to amend the Administrative Code to establish a Medical Cannabis Task Force. It may not come to us, but if it does affect planning, we will bring it to you as an informational item. There was also a hearing request on the housing practices of the Academy of Art University.
BOARD OF APPEALS:
1960-1998 Market Street – This was an appeal of a variance and it was upheld 3 to 1with Commissioner Goh against and Commissioner Peterson absent.
111 California Street – The item was heard, but with Commissioner Peterson absent, it was continued to allow Commissioner Peterson to participate.
100 32nd Avenue – This item was again continued to allow Commissioner Peterson some input on that.
Historic Preservation Commission:
The Historic Preservation Commission did not meet this week
7. (J. RANGE: (415) 575-9018)
Bay Area Air Quality Management District CEQA Guidelines Update – Informational Presentation on the Bay Area Air Quality Management District’s (BAAQMD’s) proposed California Environmental Quality Act (CEQA) Air Quality Guidelines Update. BAAQMD is in the process of updating their 1999 CEQA Guidelines for the analyses of air quality impacts. The proposed CEQA Air Quality Guidelines Update, released November 2009, revises the 1999 thresholds of significance for criteria air pollutants and includes proposals for quantitative thresholds of significance for greenhouse gas emissions and thresholds of significance for citing new sources and receptors of toxic air contaminates.
The proposed CEQA Air Quality Guidelines and background material are available at:http://www.baaqmd.gov/Divisions/Planning-and-Research/Planning-Programs-and-Initiatives/CEQA-GUIDELINES.aspx .
Recommendation: No action is necessary. This is an informational presentation only.
SPEAKERS: David Silverman
ACTION: Informational only – No action
E. 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.
SPEAKERS:
Alicia Gamez
Re: The Department’s 311/312 notice procedures
F. REGULAR CALENDAR
8a. 2006.0431CEKV (J. MILLER: (415) 558-6344)
1080 SUTTER STREET - north side between Hyde and Larkin Streets - Request for Conditional Use Authorization pursuant to Planning Code Sections 157 for off-street parking in excess of accessory amounts (up to 39 spaces when the Code would permit 14) and Section 253 for height above 40 feet in a Residential District, to permit a new 11-story residential building with approximately 36 dwelling units, Lot 011 in Assessor's Block 0279, in a an RC-4 (Residential-Commercial Combined, High Density) District and a 130-E Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of October 15, 2009)
SPEAKERS: In support: David Silverman – Representing Project Sponsor, Chris Schulman – Lower Polk Neighbors- supports the project but is neutral on the parking; Father David Lowell; Manny Flores – Local 22; Rachel Turner [read a letter in support]; Michael Levitt – Project Architect
ACTION: Approved as proposed – Project Sponsor will continue working on design with a focus on decreasing void to mass and bringing the design back for the commission’s review in six months as an informational item; staff will continue to monitor the façade material
AYES: Miguel, Antonini, Borden, Lee, Moore, and Sugaya
NAYES: Olague
MOTION: 17997
8b. 2006.0431CEKV (J. MILLER: (415) 558-6344)
1080 SUTTER STREET - north side between Hyde and Larkin Streets - Request for granting of Variances of Planning Code standards for rear-yard area (Section 134), projections over streets and alleys (Section 136) and dwelling-unit exposure (Section 140) to permit a new 11-story residential building with approximately 35 dwelling units, Lot 011 in Assessor's Block 0279, in a an RC-4 (Residential-Commercial Combined, High Density) District and a 130-E Height and Bulk District.
(Continued from Regular Meeting of October 15, 2009)
SPEAKERS: Same as those listed for item 8a.
ACTION: The Zoning Administrator closed public hearing and granted the variances subject to the standard conditions of approval
9. 2009.0257C (T. Frye: (415) 575-6822)
900 Sansome Street - northwest corner of Sansome and Broadway Streets, Assessor’s Block 0142; Lot 003 - Request for a Conditional Use Authorization pursuant to Sections 239 and 303 of the Planning Code to change the legal use of the property from commercial store to off-street parking facility. The Historic Preservation Commission approved a related Certificate of Appropriateness for window replacement on June 4, 2009. The subject property is within a C-2 (Community Business) District with a 84-E Height and Bulk District, the Washington-Broadway #1 Special Use District, and within the Northeast Waterfront Historic District.
Preliminary Recommendation:
SPEAKERS: None
ACTION: Approved
AYES: Miguel, Olague, Antonini, Borden, Lee, Moore, and Sugaya
MOTION: 17998
10. 2009.0523U (M. SNYDER (415): 575-6891)
BAYVIEW HUNTERS POINT SURVEY AREA C (AKA INDIA BASIN SHORELINE) – Adoption of Interim Policies to establish public hearing and notification processes for building permit and land use applications while the Bayview Hunters Point Survey Area C Community Planning Process is under way. The subject area is generally bounded by Jennings Street to the northwest, the Hunters View Housing site and Innes Avenue to the southwest, Earl Street to the southeast, and the San Francisco Bay to the northeast. The subject site is within the M-1 (Light Industrial), M-2 (Heavy Industrial), and NC-2 (Neighborhood Commercial, Small-scale) Use Districts and within a 40-X Height and Bulk District.
Preliminary Recommendation: Adoption of Policies
SPEAKERS: In Opposition: Courtney de Vega; In Support: Randy Shaw – Developer; Jill Fox – India Basin Neighborhood Association
ACTION: Approved adoption of policies per errata sheet from department staff
AYES: Miguel, Olague, Antonini, Borden, Lee, Moore, and Sugaya
RESOLUTION: 17999
11. 2007.1255E (T. Johnston: [415] 575-9035)
CRYSTAL SPRINGS SAN ANDREAS TRANSMISSION UPGRADE PROJECT – Public Hearing on the Draft Environmental Impact Report. The San Francisco Public Utilities Commission (SFPUC) is proposing the Crystal Springs San Andreas Transmission Upgrade Project. The project seeks to improve seismic and delivery reliability of the CS/SA Transmission System, and to meet the anticipated requirements of the California Division of Dam Safety (DSOD) for dam facilities in an emergency drawdown scenario. The Project would be located on City and County of San Francisco (CCSF TC "City and County of San Francisco (CCSF" \f A \l "1" )–owned lands in unincorporated portions of San Mateo County near the Town of Hillsborough and the cities of San Bruno, Burlingame, San Mateo, and Millbrae. The total proposed project area (including all construction, staging, and access areas) covers approximately 135 acres and is composed of five distinct project components that are oriented southeast to northwest, running approximately 7.6 miles across the Peninsula Watershed. The primary components of the proposed project would include:
Seismic and functional upgrades to the Upper Crystal Springs Dam Culverts, including seismic strengthening of the Lower Culvert, which crosses the San Andreas Fault rupture zone, and providing isolation capabilities to both culverts.
Seismic improvements to the Crystal Springs Outlet Structures 1 and 2, including removal of the seismically vulnerable aboveground portions of their towers, and construction of a small onshore control shed for remote valve operation.
Major seismic upgrade of the Crystal Springs Pump Station (CS Pump Station), including construction of a new, seismically strengthened Pump Station, and replacement of all related facilities, pipelines, and pipeline connections. The upgrade would also include increasing the pump station booster capability to 120 million gallons per day to meet delivery reliability goals, and construction of a new dissipation structure for releases into San Mateo Creek to meet anticipated DSOD requirements.
Seismic upgrades to the existing CS/SA Pipeline that conveys water from CS Pump Station to San Andreas Reservoir (approximately 4.7 miles), including replacement of two segments of the pipeline, general pipeline improvements, and new access roads to ensure access to the pipeline for emergency and maintenance repairs.
Seismic upgrade to the San Andreas Outlet Structures 2 and 3, including improvements at both the outlet towers and tunnel portals located at the Harry Tracey Water Treatment Plant.
NOTE: Written comments will be accepted at the Planning Department’s offices until the close of business on Monday, December 21, 2009.
Preliminary Recommendation: No Action Required
SPEAKERS: None
ACTION: Public hearing on draft EIR. There was no Commission action
12. 2007.0519E (B. BOLLINGER: (415) 575-9024)
1645 Pacific Avenue - Assessor’s Block 0595 Lot 013 - Public Hearing on the Draft Environmental Impact Report. The project site is a 15,959-square-foot parcel located on a block bounded by Pacific Ave., Polk St., Jackson St., and Van Ness Ave. in the Russian Hill neighborhood. The proposed project would demolish the existing commercial building and replace it with a new 65-foot high building with 48 residential units, ground-level retail uses, and 49 parking spaces. The project site is within the Polk Street Neighborhood Commercial District (Polk NCD) and 65-A Height and Bulk District. Written comments will be accepted at the Planning Department’s offices until 5 p.m. on January 2, 2010.
Preliminary Recommendation: No Action Required
SPEAKERS: Dawn Trennert – Middle Polk Neighborhood Association (MPNA); Pat Sonnino – MPNA; Frank Cannata – MPNA; Jon Faust – MPNA; James Ionnides – MPNA; Michael Sihoowlk – MPNA; Leslie Bull – MPNA; Wylie Adams – MPNA; Anne Thilges, Diane Carrol, Robyn Tucker - DANA
ACTION: Public hearing on draft EIR. Although there was no Commission action, the Commission did extend the written comment period until 5 p.m. on Tuesday, January 19, 2010.
13. 2005.1074E (D. DWYER: (415) 575-9031)
935-965 MARKET STREET – mid-block south side of Market Street between Fifth and Sixth Streets; Lots 071, 072, and 073 in Assessor’s Block 3704 – Public Hearing on the Draft 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 201 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 a Conditional Use authorization for parking in addition to permitted accessory parking and for demolition of a former 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. Written comments will be accepted at the Planning Department’s offices until 5:00 pm on December 21, 2009.
Preliminary Recommendation: No Action Required
SPEAKERS: Brian Sheehy
ACTION: Public hearing on draft EIR. There was no Commission action
14. 2009.0667D (S. LAI: (415) 575-9087)
1826 32nd AVENUE - east side between Ortega Avenue and Noriega Avenue; Lot 043 in Assessor’s Block 2068 – Staff Initiated Discretionary Review of Building Permit Application No. 2008.07.11.6477 proposing to construct a two-story horizontal rear addition to an existing single-family dwelling. The property is located in an RH-1 (Residential, House, and One-Family) Zoning District and 40-X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and approve with modifications.
(Continued from November 5, 2009)
SPEAKERS: Dr. Luis Vidalon – Project Sponsor; John Powers – Project Architect
ACTION: The Commission took discretionary review and approved the project with a two-foot setback on the upper floor on both sides
AYES: Olague, Antonini, Borden, and Lee
NAYES: Miguel, Moore and Sugaya
DRA: 0128
15a. 2009.0382D (R. CRAWFORD: (415) 558-6358)
71 GRANADA AVENUE - west side between Grafton and Lakeview Avenues; Lot 004 of Assessor’s Block 7016 - Request for Discretionary Review of Building Permit Application 2009 0225 2875 construct additions to the existing rear cottage on the property and to construct a new free-standing residential accessory building at the front of the lot in an RH-1, (Residential House, One-Family) and a 40-X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and Modify the Project.
SPEAKERS: Supporting DR: Diane Rosa – DR Requestor, William Lewis – Architect for DR Requestor, Joseph Bravo – Representing the DR Requestor; Supporting the Project: Bob McMury – Representing the Project Sponsor, Benjamin Pierce – Project Sponsor, Muriel Maffre – co-Project Sponsor, John Holton, David Gardner, Douglas Engmann, Maia Rosal, Gazen Scribnetl, Lorena Feijoo,Vanessa Zaharian, Dan Geller, Russell Murphy, Jeff Nemy, Suguri Moore, John Anderson, William (Bill) Keller
ACTION: The Commission did not take discretionary review and approved the project as proposed
AYES: Miguel, Olague, Antonini, Borden, Lee, Moore, and Sugaya
DRA: 0129
15b. 2008.0673V (R. CRAWFORD: (415) 558-6358)
71 GRANADA AVENUE - west side between Grafton and Lakeview Avenues; Lot 004 of Assessor’s Block 7016 - Request for Rear Yard Variance from Planning Code Section 134 to allow construction of additions to the existing rear cottage on the property. The project proposes no rear yard where a rear yard of 28 feet is required and in an RH-1, (Residential House, One-Family) and a 40-X Height and Bulk District. The Zoning Administrator conducted a public hearing on this case on April 2, 2009 and took the matter under advisement.
SPEAKERS: Same as those listed for item 15a.
ACTION: The Zoning Administrator closed public hearing and granted the variance subject to the standard conditions of approval
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))
SPEAKERS: None
Adjournment: 6:49 p.m.
Adopted: January 14, 2010
