April 7, 2011

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, April 7, 2011

***1:00 PM***

Regular Meeting

 

President: Christina R. Olague

Vice-President:  Ron Miguel

                        Commissioners: Michael J. Antonini; Gwyneth Borden; Rodney Fong; Kathrin Moore;

Hisashi Sugaya

 

Commission Secretary: Linda D. Avery

 

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 9:30 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.

 

Policy on Commissioner’s requests for hearings:  There must be consensus of the Commission (four commissioners) or direction from the President/Chair to schedule a hearing that otherwise would not be scheduled.

 

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

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

 

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

 

San Francisco Lobbyist Ordinance

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

 

Accessible Meeting Policy

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

 

Know Your Rights Under the Sunshine Ordinance

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

 

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

 

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

 

COMMUNICATIONS

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

   1) Planning Department Case Executive Summary

   2) Planning Department Case Report

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

   4) Public Correspondence

These items will be available for review at the Planning Department, 1650 Mission St., 4th floor reception.

 

 

 

 

1:00 PM   _________

 

ROLL CALL:                                                     

                        President:                                 Ron Miguel Christina R. Olague

                        Vice-President:                          Christina R. Olague Ron Miguel

Commissioners:                        Michael J. Antonini; Gwyneth Borden; Rodney Fong; Kathrin Moore; Hisashi Sugaya

 

NOTE:  For the next few weeks, the Commission’s Order of Business has been altered to accommodate the new start time and honor the 1:30 p.m. noticed time for most cases.

 

A.         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.

 

1.         Consideration of Adoption:

 

·         Draft Minutes of Regular Meeting of January 20, 2011

·         Draft Minutes of Regular Meeting of January 27, 2011

·         Draft Minutes of Regular Meeting of February 17, 2011

·         Draft Minutes of Regular Meeting of March 10, 2011

·         Draft Minutes of Special Meeting of March 10, 2011

 

2.         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.

 

B.         DIRECTOR’S REPORT

 

3.         Director’s Announcements

           

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

 

C.         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.

 

1:30 P.M.

 

D.                  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.

 

                5.            2007.0903E                                                                         (R. Cooper: (415) 575-9027)

Treasure Island/Yerba Buena Island Redevelopment Project - Certification of the Final Environmental Impact Report The Treasure Island Development Authority (TIDA) is proposing a Redevelopment Plan for the Treasure Island/Yerba Buena Island Project that would provide the basis for redevelopment of portions of Naval Station Treasure Island. The project site is located on Treasure Island and Yerba Buena Island and the immediately surrounding waters (Assessors Block 1939, Lots 1 and 2). The proposed project would include development on Treasure Island and Yerba Buena Island of up to 8,000 residential units; up to 140,000 square feet (sq. ft.) of new commercial and retail space; up to 100,000 sq. ft. of new office space; adaptive reuse of three historic buildings on Treasure Island with up to 311,000 sq. ft. of commercial, retail, and/or flex space; about 500 hotel rooms; rehabilitation of the historic buildings on Yerba Buena Island; new and/or upgraded public and community facilities; new and/or upgraded public utilities; about 300 acres of parks and public open space including shoreline access and cultural uses such as a museum; new and upgraded streets and public ways; bicycle, transit, and pedestrian facilities; landside and waterside facilities for the Treasure Island Sailing Center; landside services for an expanded marina; and a new Ferry Terminal and intermodal Transit Hub.  Infrastructure improvements would include geotechnical stabilization to improve seismic safety.  The proposed project would also include green building specifications, programs to encourage transit use, design standards that would enable photovoltaic panel installation on most roofs, recycled water use, and other features promoting sustainability. Construction and build-out would be phased and would be anticipated to occur over an approximately 15- to 20-year period. The proposed project would require amendments to the San Francisco Planning Code and the San Francisco General Plan.  The Draft EIR identifies potentially significant, unavoidable environmental impacts on aesthetics, historic architectural resources, transportation, noise, air quality, wind and biological resources. 

Preliminary Recommendation: Certify the Final EIR

(Proposed for Continuance to April 21, 2011)

           

            6.         2004.0891E                                                                           (J. BATTIS: (415) 575-9022)

                        899 Valencia Street - Appeal of Preliminary Mitigated Negative Declaration - The proposed project would demolish the existing service station, now used for surface parking, and would construct an approximately 50,000-square-foot (sq-ft), five-story, 52 1/3-foot-high residential building containing 18 3-bedroom dwelling units, with 7,100 sq ft of ground-floor retail space. The proposed building would have a below-grade parking garage accessible from 20^th Street with 14 residential and four retail off-street parking spaces. The 10,925-sq ft project site (Assessor’s Block 3596, Lot 113) is within the Valencia Street Neighborhood Commercial Transit (NCT) zoning district and a 55-X height and bulk district on the block bounded by Valencia Street to the west, 19^th Street to the north, Mission Street to the west, and 20^th Street to the south, at the northeast corner of Valencia and 20th Streets in the Mission District neighborhood. The proposed project would require a conditional use authorization for development of a parcel exceeding 10,000 sq ft, for a non-residential use in excess of 3,000 sq ft, and to allow for permanent conversion of a service station to a new use.             

                        (Proposed for Continuance to May 26, 2011)

 

 

 

 

E.                  REGULAR CALENDAR 

 

            7a.        2006.0422EMUTZ                                                              (M. SNYDER: (415) 575-6891)

EXECUTIVE PARK – INFORMATIONAL HEARING - The 71-acre Executive Park Subarea Plan Area is located in the southeastern part of San Francisco, just east of U.S. Highway 101 and along the San Francisco/San Mateo County border. It is generally bounded by Highway 101 to the west, Bayview Hill to the North, Jamestown Avenue  to the east(but not those lots fronting on Jamestown), and Harney Way to the south.    The proposed Executive Park General Plan, Planning Code Text and Map Amendments and the proposed Design Guidelines would provide for the transition of the existing office park portion of the site to a new mixed-use predominately residential, pedestrian oriented neighborhood.  These amendments would accommodate up to 1,600 dwelling units, approximately 70,000 gross square feet of retail, approximately 2,425 off-street parking spaces and other associated uses, in approximately thirteen buildings that would range between 65-feet to 240-feet tall.  This second informational hearing on the Executive Park Amendments will focus on the proposed zoning amendments (both text and map amendments) and the proposed Executive Park Design Guidelines.

                        Preliminary Recommendation: Informational Only

 

            7b.        2006.0422EMUTZ                                                              (M. SNYDER: (415) 575-6891)

                        EXECUTIVE PARK – INITIATION OF GENERAL PLAN AMENDMENTS - The 71-acre Executive Park Subarea Plan Area is located in the southeastern part of San Francisco, just east of U.S. Highway 101 and along the San Francisco/San Mateo County border. It is generally bounded by Highway 101 to the west, Bayview Hill to the North, Jamestown Avenue  to the east(but not those lots fronting on Jamestown), and Harney Way to the south.  Request to Initiate Amendments to the Executive Park Subarea Plan of the Bayview Hunters Point Area Plan of the General Plan, the Land Use Index and other minor General Plan Map and Figures, pursuant to Planning Code Section 340(c).  The amended Subarea Plan would establish objectives and policies to transform Executive Park from a partial office park to a mixed-use, predominately residential, pedestrian-oriented neighborhood; and would provide objectives and policies to guide land use, streets and transportation, urban design, community facilities and services, and recreation and open space issues.  The amended Subarea Plan would also establish a new publicly accessible street grid and open space network.  The land Use Index and various maps and figures throughout the General Plan would also be amended to reflect the Subarea Plan changes.  These amendments along with proposed Planning Code Text Changes, Zoning Map Changes and the establishment of Design Guidelines would accommodate up to 1,600 dwelling units, approximately 70,000 gross square feet of retail, approximately 2,425 off-street parking spaces, and other associated uses, in approximately thirteen buildings that would range between 65-feet to 240-feet tall.   

Preliminary Recommendation: Initiate the General Plan Amendments

 

            7c.        2006.0422EMUTZ                                                              (M. SNYDER: (415) 575-6891)

EXECUTIVE PARK – INITIATION OF PLANNING CODE TEXT AMENDMENTS - The 71-acre Executive Park Subarea Plan Area is located in the southeastern part of San Francisco, just east of U.S. Highway 101 and along the San Francisco/San Mateo County border. It is generally bounded by Highway 101 to the west, Bayview Hill to the North, Jamestown Avenue to the east (but not including those lots fronting on Jamestown), and Harney Way to the south.  Parcels that would be affected by the Planning Code Text and Map Changes are bordered by Executive Park Boulevards West, North, and East on the west, north, and east respectively and Harney Way on the south (also referred to as the office park portion).  Request to Initiate Amendments to the San Francisco Planning Code that would add Section 249.54 to establish the Executive Park Special Use District; add Section 263.27 to establish Special Height Provisions for the Executive Park Special Use District and the 65/240 EP Height and Bulk District; and amend Table 270 to provide that the Table is not applicable, pursuant to Planning Code Section 302(b).  The new Executive Park Special Use District (SUD) would create special provisions for buildings within the office park portion of the site that would, among other things, allow for density transfers across the site, and include requirements for street and open space improvements.  The new height and bulk provisions would generally allow buildings between 65-feet and 85-feet along with three towers between the heights of 170 to 240 feet.  The design review provisions would require review by the Planning Commission of all new development projects.   These amendments along with proposed changes to General Plan Amendments Zoning Maps and the proposed establishment of Design Guidelines, would  provide for the transition of the existing office park portion of the site to a new mixed-use predominately residential, pedestrian oriented neighborhood.  These amendments would accommodate up to 1,600 dwelling units, approximately 70,000 gross square feet of retail, approximately 2,425 off-street parking spaces and other associated uses, in approximately thirteen buildings that would range between 65-feet to 240-feet tall.   

Preliminary Recommendation: Initiate the Planning Code Text Amendments

 

            7d.        2006.0422EMUTZ                                                              (M. SNYDER: (415) 575-6891)

EXECUTIVE PARK – INITIATION OF ZONING MAP AMENDMENTS  - The 71-acre Executive Park Subarea Plan Area is located in the southeastern part of San Francisco, just east of U.S. Highway 101 and along the San Francisco/San Mateo County border. It is generally bounded by Highway 101 to the west, Bayview Hill to the north, Jamestown Avenue to the east (but does not include those lots fronting on Jamestown), and Harney Way to the south.  Parcels that would be affected by the Planning Code Text and Map Changes are those bordered by Executive Park Boulevards West, North, and East on the west, north, and east respectively, and Harney Way on the south (referred to as the office park portion).  Request to Initiate Amendments to the San Francisco Planning Code by amending Sectional Maps SU10 of the Zoning Map to establish the Executive Park Special Use District; amending Sectional Map HT10 to establish the 65/240-EP Height and Bulk District; amending Sectional Map ZN09 to change certain Executive Park parcels from C-2(Community Business) and M-1 (Light Industrial) to RC- 3(Residential-Commercial Combined, Medium Density).  More specifically, Sectional Map ZN10 would be amended by rezoning Assessor’s Block 4991, Lots 074, 075, 085 and 086 from C-2 to RC-3; Assessor’s Block 4991 / Lots 012, 024, 061, 065, 078 and Assessor’s Block 5076, Lots 012 and 013 from M-1  to RC-3; Planning Code Sectional Map SU10 would be amended to include Assessor’s Block 4991, Lots 012, 024, 061, 065, 074, 075, 078, 085, 086, and Block 5076 Lots 012 and 013 into the newly established Executive Park SUD, and Sectional Map HT10 would be amended to include Assessor’s Block 4991, Lots 074, 075, 085 and 086 within the newly established 65/240-EP Height and Bulk District.   These actions along with the proposed General Plan Amendments and Planning Code Text Amendments would provide for the transition of the existing office park portion of the site to a new mixed-use predominately residential pedestrian-oriented neighborhood.  These amendments would accommodate up to 1,600 dwelling units, approximately 70,000 gross square feet of retail, approximately 2,425 off-street parking spaces and other associated uses, in approximately thirteen buildings that would range between 65-feet to 240-feet tall.   

Preliminary Recommendation: Initiate the Zoning Map Amendments

 

8.         2011.0278U                                                                   (S. HAYWARD: (415) 558-6372)
Amendments to the Administrative Code Chapter 41F: Large Tourist Hotel Conversion Ordinance [Board File No.11-0282] - Ordinance introduced by Mayor Lee amending the San Francisco Administrative Code Chapter 41F, Section 41F.3, to extend the deadline for Planning Commission approval of applications for conversion of large tourist hotels to condominium projects, subject to completion of project-specific milestones by November 1, 2010, and making required findings.

Preliminary Recommendation: Approval with Modifications

 

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 an agenda item (item 9) that has 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.

 

G.                 CONSIDERATION OF FINDINGS & FINAL ACTION – PUBLIC HEARING CLOSED

 

9.         2006.0848E                                                                     (C. FORDHAM: (415) 575-9071)

25-35 Dolores Street - east side of Dolores Street between Clinton Park and 14^th Street; Lot 069 in Assessor’s Block 3534 - Certification of the Final Environmental Impact Report. The proposed project includes demolition of 25-35 Dolores Street and new construction of a four-story, 62,030 square-foot, 47 unit residential building.  The existing two contiguous garage buildings on the site were built in 1917- 1918 and are historic resources. The project site is located in a RTO (Residential, Transit-Oriented) Zoning District and 40-X height and bulk district. The proposed project would require Conditional Use Authorization for density greater than one unit per 600 square feet, off-street parking at greater than 0.75 spaces per unit, and development of a lot greater than 10,000 square feet; and a rear yard variance.

Please note: The public hearing on the Draft EIR is closed. The public comment period for the Draft EIR ended on September 13, 2010. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during the Public Comment portion of the Commission calendar.

Preliminary Recommendation: Certify the Final EIR

 

H.         REGULAR CALENDAR

 

10a.      2006.0848ECV                                                                      (M. SMITH: (415) 558-6322)

25 – 35 DOLORES STREET - east side between Market and 14^th Streets; Lot 069 in Assessor’s Block 3534 - Consideration of Adoption of Findings under the California Environmental Quality Act.  The project proposes to demolish two existing warehouses and construct a four-story residential building with up to 37 residential units and up to 37 off-street parking spaces located in a below grade garage.  The project site is located within the Market and Octavia Plan Area, the RTO (Residential, Transit Oriented Neighborhood) Zoning District, and 40-X Height and Bulk Districts.

Preliminary Recommendation: Adopt Findings

 

            10b.      2006.0848ECV                                                                    (M. SMITH: (415) 558-6322)

25 – 35 DOLORES STREET - east side between Market and 14^th Streets; Lot 069 in Assessor’s Block 3534 - Request for Conditional Use Authorization, pursuant to Planning Code Sections 121.5, 151.1, 209.1(k), and 303 to develop a lot that is greater than 10,000 square-feet, to allow off-street residential parking at a 1:1 ratio, and to develop at a residential density not exceeding 1:400 square-feet of lot area.  The project proposes to demolish two existing warehouses and construct a four-story residential building with up to 37 residential units and up to 37 off-street parking spaces located in a below grade garage.  The project site is located within the Market and Octavia Plan Area, the RTO (Residential, Transit Oriented Neighborhood) Zoning District, and 40-X Height and Bulk Districts.

Preliminary Recommendation:  Approval with Conditions

 

10c.      2006.0848ECV                                                                      (M. SMITH: (415) 558-6322)

25 – 35 DOLORES STREET - east side between Market and 14^th Streets; Lot 069 in Assessor’s Block 3534 - Request for Variances, pursuant to Planning Code Sections 132, 134, and 140 to modify the front setback and rear yard requirements in the District, and for dwelling unit exposure for two dwelling units.  The project proposes to demolish two existing warehouses and construct a four-story residential building with up to 37 residential units and up to 37 off-street parking spaces located in a below grade garage.    The project site is located within the Market and Octavia Plan Area, the RTO (Residential, Transit Oriented Neighborhood) Zoning District, and 40-X Height and Bulk Districts.

 

5:00 P.M.

 

11.                                                                                                (J. RAHAIM: (415) 558-6411)

Governor Brown’s Proposed Elimination of Redevelopment Agencies - Discussion

 

12.        2007.0903MTZUU                                                          (J. Switzky: (415) 575-6815) TREASURE ISLAND/YERBA BUENA ISLAND REDEVELOPMENT PROJECT - Informational Only - Lots 001 and 002 in Assessor's Block 1939 - Informational presentation to provide an overview of the changes to the structure of the Treasure Island/Yerba Buena Island Redevelopment Project, as the Project will no longer pursue a Redevelopment Plan, in favor of the formation of Infrastructure Finance Districts. In addition, the Commission will be provided an informational overview of the Project and associated components including: (1) draft Amended and Restated Base Closure Homeless Assistance Agreement, (2) draft Development Agreement, and (3) key draft exhibits to the draft Disposition and Development Agreement, including: (a) Transportation Plan, (b) Sustainability Plan, (c) Jobs and Equal Opportunity Policy, and (d) Community Facilities Plan.  Note that summary materials and documentation for these items were previously distributed to the Commission in preparation for the March 3 and March 17 meetings, as presentation on these items was postponed.

                        Preliminary Recommendation: Informational Presentation-No action requested

 

I.          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: