SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, November 9, 2006

2:00 PM

Regular Meeting

President: Dwight S. Alexander

Vice-President: Christina Olague

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

2:00 PM _________

ROLL CALL: Commission President: Dwight S. Alexander

Commission Vice-President: Christina Olague

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

Hisashi Sugaya

• 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. (J. Lau: (415) 558-6383)

Presentation on Proposed Planning Code Amendments to Industrial Districts in Bayview Hunters Point - Informational Item. The Department is preparing a set of zoning modifications for certain M-1 and M-2 designated areas in the Bayview Hunters Point district. The Department is proposing this zoning update to implement various objectives from the Bayview Hunters Point Area Plan, which seeks to retain space for jobs and light industrial activities and to reduce land use conflicts between housing and industry in the Bayview. In general, the Code amendments would continue to permit a wide range of light and contemporary industrial activities, while restricting the size of retail and office development in the area. The zoning revisions will also standardize and codify existing land use policies and controls that currently discourage or prohibit residential development in these industrial zones.

Preliminary Recommendation: Hold hearing on informational item. No action is proposed at this time.

(Continued from Regular Meeting of November 2, 2006)

(Proposed for Continuance to December 7, 2006)

2. 2005.0486D (G. CABREROS: (415) 558-6169)

2564 SUTTER STREET - north side between Broderick and Baker Streets; Lot 012 in Assessor's Block 1053 - Request for Discretionary Review of Building Permit Application No. 2005.01.11.2946 proposing a 35-foot rear horizontal addition and a two-story vertical addition to the existing two-story, single-family residence in an RH-3 (Residential, House, Three-Family District) and a 40-X Height and Bulk District. The existing building is proposed to be lifted approximately 20 inches to allow for a three-car garage to be inserted below the existing basement level. Two additional dwelling units are proposed for a total of three units on the subject lot.

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

(Continued from Regular Meeting of September 28, 2006)

(Proposed for Continuance to December 7, 2006)

PLEASE NOTE: The Planning Commission has temporarily altered the Order of Business for this hearing. COMMISSIONERS QUESTIIONS AND MATTERS and DIRECTOR'S REPORT will follow item #11 - Market and Octavia Plan Amendments, Hearing #3.

B. 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.

C. CONSENT CALENDAR

All matters listed hereunder constitute a Consent Calendar, are considered to be routine by the Planning Commission, and will be acted upon by a single roll call vote of the Commission. There will be no separate discussion of these items unless a member of the Commission, the public, or staff so requests, in which event the matter shall be removed from the Consent Calendar and considered as a separate item at this or a future hearing.

3a. 2005.0913D (G. CABREROS: (415) 558-6169)

431 26^TH AVENUE - west side between Clement Street and Geary Boulevard; Lot 005 in Assessor's Block 1458 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2003.09.26.5931, proposing to demolish an existing single-family dwelling in an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and approve the demolition

3b. 2005.0914D (G. CABREROS: (415) 558-6169)

431 26^th Avenue - west side between Clement Street and Geary Boulevard; Lot 005 in Assessor's Block 1458 - 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. 2003.09.26.5941, proposing to construct a new four-story, three-family building in an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District.

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

4. 2006.1231D (K. DURANDET: (415) 575-6816)

216 TOWNSEND Street - northeast corner of Ritch Street, Lot 008 in Assessor's Block 3788 - Mandatory Discretionary Review for a proposal to procure a new Type 41 Liquor License for a full-service restaurant and wine bar (DBA  N38 : MB0600926 & MB0600925) to sell wine and beer for consumption on-site. No physical expansion, or increase in exterior dimensions of the existing building is proposed. Planning Commission Resolution Number 14844 requires a Discretionary Review hearing for all projects that involve a new or relocated liquor license or bar within the proposed Ballpark Vicinity Special Use District (BVSUD). The property is located in an SLI (Service / Light Industrial) District, the proposed BVSUD, and a 50-X Height and Bulk District.

Preliminary Recommendation: Do not take Discretionary Review and recommend approval of the referral applications

• D.REGULAR CALENDAR

5. (L BADINER/S. WEIRTHEIM: (415) 558-6350/558-6612)

Zoning Administrator announcement of the receipt of the New College of California Abbreviated Institutional Master Plan (IMP) pursuant to Planning Code Section 304.5. The Planning Commission has the discretion under Planning Code Section 304.5(d), to hold or not hold a public hearing on an Abbreviated IMP. If the Commission requests a hearing, it would be scheduled for a later date.

(Continued from Regular Meeting of October 26, 2006)

6. 2006.0882A (T. SULLIVAN-LENANE: (415) 558-6257)

1306-1310 MCALLISTER STREET - north side between Steiner and Pierce Streets; Assessor's Block 775, Lot 004A - Request for Certificate of Appropriateness to remove a portion of the ground floor bay and construct a new garage opening. The building is a contributory-altered building to the Alamo Square Historic District under Article 10. It is located within an RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District. The Landmarks Preservation Advisory Board heard this case at the September 6, 2006, public hearing and recommended disapproval.

Preliminary Recommendation: Disapproval.

(Continued from Regular Meeting of October 26, 2006)

7. 2006.0822D (M. SMITH: (415) 558-6322)

70-74 HARTFORD SREET - west side between 17^th and 18^th Streets, Lot 050 in Assessor's Block 3582 - Request for Discretionary Review of Building Permit Application No. 2006.02.24.5386, the proposal is to construct a garage at the basement level, infill the light wells along the north side, and construct stairs at the rear of the three-unit residential building, located in a RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

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

8a. 2005.0817CD (S. Young: (415) 558-6346)

473 HAIGHT STREET - south side between Webster and Fillmore Streets; Lot 038 in Assessor's Block 0859 - Request for Conditional Use Authorization under Sections 711.26 and 303 of the Planning Code to legalize an existing automatic teller machine (ATM) walk-up facility, installed without providing a 3-foot setback from the front property line. The ATM, which was installed without permit, is an accessory use to the existing tobacco shop (d.b.a. Good Fellows Smoke Shop) which houses the medical cannabis dispensary described in part (b) below. The property is located in an NC-2 (Small-Scale Neighborhood Commercial) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions.

8b. 2005.0817CD (S. Young: (415) 558-6346)

473 HAIGHT STREET - south side between Webster and Fillmore Streets; Lot 038 in Assessor's Block 0859 - Mandatory Discretionary Review, under Planning Code Sections 711.84 and 790.141(h) requiring review of Medical Cannabis Dispensaries (MCDs), of Building Permit Application No. 2005.07.22.8399, to maintain the operation of an existing medical cannabis dispensary within an existing retail space occupied by a tobacco shop (d.b.a. Good Fellows Smoke Shop). The property is located in an NC-2 (Small-Scale Neighborhood Commercial) Zoning District and a 40-X Height and Bulk District.

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

8c. 2006.0831C (S. Young: (415) 558-6346)

473A HAIGHT STREET - south side between Webster and Fillmore Streets; Lot 038 in Assessor's Block 0859 - Request for Conditional Use Authorization under Sections 711.26 and 303 of the Planning Code to legalize an existing automatic teller machine (ATM) walk-up facility, installed without providing a 3-foot setback from the front property line. The ATM, which was installed without permit, is an accessory use to an existing retail store (d.b.a. Designer Brands #4). The property is located in an NC-2 (Small-Scale Neighborhood Commercial) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Disapproval.

9a. 2006.0390DV (M. SNYDER; (415) 575-6891)

152 ELSIE STREET - west side between Esmeralda Avenue and Virginia Avenue, Lot 5618 in Assessor's Block 020 - Request for Discretionary Review of Building Permit Application No. 2003.10.06.6599 proposing to construct a single-family dwelling on a vacant lot. The property is within an RH-1 (House, Single-family District), The Bernal Heights Special Use District, and a 40-X Height and Bulk District.

Preliminary Recommendation: Do Not Take Discretionary Review and approve the project as proposed.

9b. 2006.0390DV (M. SNYDER: (415) 575-6891)

152 Elsie Street - west side between Esmeralda Avenue and Virginia Avenue, Lot 5618 in Assessor's Block 020 - Request for a parking variance. The proposal is to construct a house on a vacant lot that would be approximately 2,195 usable square feet, which would require two enclosed parking spaces per Planning Code Section 242(e)(4). One of the required parking spaces is proposed to be unenclosed. The property is within an RH-1 (House, Single-family District), The Bernal Heights Special Use District, and a 40-X Height and Bulk District.

10. 2006.1308U (K. RICH: (415) 558-6345)

VISITACION VALLEY REDEVELOPMENT AREA PRELIMINARY PLAN - In 2005 the Board of Supervisors adopted a Visitacion Valley Redevelopment Survey Area and asked the Planning Department and Redevelopment Agency to initiate the process for adopting a Redevelopment Project Area. According to state law, the Planning Commission must submit a Preliminary Plan, containing proposed boundaries, goals, and general land uses, to the Redevelopment Agency. Blocks and lots proposed for inclusion in the redevelopment area include Blocks 5066B, 5087, 5099 (lot 014), 5100, 5101, 5102, 5107, 6237 (lots 048, 055), 6247, (lots 002-019, 042), 6248 (lots 002, 008-022, 045), 6249 (lots 001, 002, 002A, 003, 012-023), 6250, (lots 001, 017-024, 028-031, 034-037), 6251 (lots 001-016-020, 023), 6252 (lot 036), 6308 (lots 001, 001A, 001D, 002, 002B, 003), 6309B (lots 001, 002, 018) Staff will present additional background information and ask for approval of the Preliminary Plan.

Preliminary recommendation: Approve Preliminary Plan.

(Continued from Regular Meeting of November 2, 2006)

6:30

11. 2003.0347EMTZ (J. Billovits (415) 558-6390/A. Rodgers: (415) 558-6395)

Market and Octavia Plan Amendments - The Planning Commission will hold a series of public hearings beginning on or after October 26, 2006, to consider Case No. 2003.0347EMTZ, adopting a Motion to certify the Final Environmental Impact Report and adopt CEQA Findings and consider resolutions to adopt amendments to the San Francisco General Plan, Planning Code and Zoning Map related to the Market and Octavia Neighborhood Plan. A series of public hearings are scheduled for October 26, 2006, Nov. 2, 2006, Nov. 9, 2006, and Nov. 16, 2006. The Commission will consider and receive public comment on specific aspects of the Plan and proposed amendments at each hearing. The series of hearings will culminate in a hearing to consider adoption actions on or after Dec. 7, 2006.

The Plan encompasses an irregularly shaped area in northeast San Francisco. It extends two to three blocks in width along Market Street for ten blocks and extends north along the former Central Freeway alignment at Octavia Boulevard for ten blocks. Along Market Street, the Plan Area boundaries extend from 11th and Larkin Streets in the east to Noe and Scott Streets in the west. The boundary jogs north along Noe Street, Duboce Avenue, Scott Street, Waller Street, Webster Street, Oak Street, Buchanan Street, and Grove Street; continues north along the former Central Freeway alignment to include the area up toTurk Street between Laguna and Franklin Streets; and east of Franklin Street jogs south to Grove and Larkin Streets. The Project Area boundary extends south of Market Street between 10th and 11th Street to Howard Street. Extending west along Howard Street, the Project Area boundaries jog along Division, Clinton, Stevenson, Fourteenth, Guerrero, and Sixteenth Streets. The Project Area is comprised of 89 Assessor's Blocks in entirety or in part, including the whole of Blocks 759, 761, 768, 770, 783, 785, 792 to 794, 806 to 809, 813 to 819, 830 to 841, 850 to 858, 863 to 876, 3501 to 3506, 3512 to 3514, 3533 to 3538, 3541 to 3545, 3556 to 3560; and portions of 3507 (lot 40), 3510 (lots 49, 57), 3511 (lots 1, 23, 25, 31, 33, 74, 75, 80, 82, and 93), and 3532 (lots 14, 19B, 35, 36, 88, 89, 90 and 91).

At the hearings, the Planning Commission will consider a rezoning and public improvements program to realize the vision articulated by the community through the Market and Octavia community planning process. For more information on this six-year planning process, please visit our website at http://marketoctavia.betterneighborhoods.org.

Specifically, the Commission will consider the following actions:

• Case 2003.0347E – Certification of the Final Environmental Impact Report and adoption of CEQA Findings on the Market and Octavia Plan.
• Case 2003.0347M - a proposed General Plan amendment that would add a new area plan, the Market and Octavia Area Plan, and make related amendments to the Commerce and Industry, Housing, Recreation and Open Space and Transportation Elements, the Civic Center Area Plan, Downtown Area Plan, South of Market Area Plan and the Land Use Index;
• Case 2003.0347T - a proposed Planning Code text amendment that would revise Planning Code controls, including controls for land use, height and bulk, building design, loading, parking and new fees;
• Case 2003.0347Z - a proposed Zoning Map amendment that would revise Maps 2 and 2H, 7 and 7H, and 2SU and 7SU. The proposed Planning Code text and map (Zoning Map) amendments would a) establish three new zoning districts, b) amend the Hayes-Gough, Upper Market, and Valencia Neighborhood Commercial Districts (NCDs), c) update height and bulk districts, d) establish the Market and Octavia Community Improvements Impact Fee, and e) make related revisions necessary to implement the General Plan.

Together, these four Commission actions are intended to implement the Market and Octavia Plan. Generally, these changes are described on page 3 of this document.

In addition, an historic survey is currently being done of the project area; property owners considering constructing or altering a building in this area should consult with Planning Department staff to determine the historic resource status of their property. Property owners and interested parties are advised that height limits and other controls do not provide unqualified rights to development, but rather, proscribe the maximum potential building envelope that may be permitted; proposed buildings may not reach the maximum permitted building height/envelope.

Members of the public may review a copy of the proposed amendments at the San Francisco Planning Department office at 1660 Mission Street 5^th Floor, San Francisco, CA 94103, at the Public Library (the Main Library 100 Larkin St., and Harvey Milk branch library, 1 Jose Sarria Ct. (near16^th & Market Sts.). An electronic copy of the proposed amendments and actions is available at http://marketoctavia.betterneighborhoods.org.

Draft Schedule for Planning Commission Hearing

This calendar gives notice that the Planning Commission will be hearing the following aspects of the Market & Octavia Plan on or after November 2, 2006. Be advised that due to the nature of the public hearings, the Commission may continue any particular hearing item and/or may not hear all items at the hearing. To confirm the final Commission Hearing schedule, on the week of the hearing please visit: http://www.sfgov.org/site/planning_meeting.asp?id=15840 or call Aksel Olsen at 558-6616.

Hearing #3 – November 9, 2006

Staff will provide the presentation to the Planning Commission and members of the public on the following aspects of the Market & Octavia Plan: Transportation, Streets and Open Space; Community Improvements / Public Benefits, including a description of the proposed fee and revenue strategies, and establishment of an Implementation Advisory Committee to oversee Plan implementation. At this hearing, Planning Department staff will present information on the Plan and the Planning Commission will hear public comment on the subjects discussed at the hearing.

Preliminary Recommendation: Informational Presentation and Public Comment; No Commission Action requested.

E. 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.

12. 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.

F. DIRECTOR'S REPORT

13. Director's Announcements

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

15. 2003.1210C (M. Snyder: (415) 575-6891)

5600 THIRD STREET - the block bounded by Third Street on its east, Bancroft Avenue on its south, Mendell Street on its west, and Armstrong Avenue on its north, Lots 003, 005, 006, 007, 008, 009, and 011 of Assessor's Block 5421 - Informational Presentation on the design refinements for the proposed project approved under Planned Unit Development / Conditional Use Case No. 2003.1210C. The subject property is within an M-1 (Light Industrial) District and a 65-J Height and Bulk District.

16. 2002.0628ECKVX (J. MILLER: (415) 558-6344)

1160 MISSION STREET - northwest side between Seventh and Eighth Streets, with additional frontage on Stevenson Street, Lots 37, 38 and 56 in Assessor's Block 3702 - Informational Presentation - Art program, as required by Planning Code Section 149, in conjunction with the construction of a 23-story residential building containing 246 condominium units.

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))

Adjournment: