February 5, 2009

SAN FRANCISCO PLANNING COMMISSION

Notice of Meeting & Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, February 5, 2009

1:30 PM

Regular Meeting

President: Ron Miguel

Vice-President: Christina R. Olague

Commissioners: Michael J. Antonini; Gwyneth Borden; 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 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 FranciscoLobbyist 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.

1:30 PM _________

ROLL CALL:

President: Ron Miguel

Vice-President: Christina R. Olague

Commissioners: Michael J. Antonini; Gwyneth Borden; 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. 2008.0940C (M. WOODS: (415) 558-6315)

2250 VALLEJO STREET - north side between Fillmore and Webster Streets; Lot 009, in Assessor's Block 0557 - Request for Conditional Use Authorization pursuant to Sections 303(c) and 317 of the Planning Code to allow the merger of eleven dwelling units into two dwelling units in a three-story over basement residential building, within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions, including Modifications to Retain More than Two Dwelling Units

(Continued from Regular Meeting of December 11, 2008)

(Proposed for Continuance to March 5, 2009)

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

2. 2004.0549C (C. JAROSLAWSKY: (415) 558-6348)

1836 Noriega Street - he north side between 25^th and 26^th Avenues, Block 2024, Lot 027- Request for Conditional Use Authorization under Planning Code Section 161(j), for reduced parking within a Neighborhood Commercial District, to convert the existing, on-site garage area of a mixed-use building into additional commercial space in order to accommodate a pre school for, "Congregation Adath Israel". The property is within the NC-2 (Small-Scale Neighborhood Commercial) District and a 40-X height and bulk District.

Preliminary Recommendation: Approval with conditions.

3a. 2008.0729D (T. WANG: (415) 558-6335)

3645 23^RD STREET- south side between Fair Oaks and Guerrero Streets; Lot 032 in Assessor's Block 3647 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of residential demolition, of Demolition Permit Application No. 2007.10.10.5010, proposing to demolish a one-story, single-family dwelling in an 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 demolition permit.

3b. 2008.0730D (T. WANG: (415) 558-6335)

3645 23^RD STREET- south side between Fair Oaks and Guerrero Streets; Lot 032 in Assessor's Block 3647 - Mandatory Discretionary Review, under Planning Code Section 317 requiring review of the replacement building in association with residential demolition, of Building Permit Application No. 2007.10.12.5328, to construct a three-story over garage, two-family dwelling in an 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 new building permit.

4. 2008.1179Z (E. Watty: (415) 558-6620)

2400 IRVING STREET - northwest corner of 25^th Avenue, Lot 053 in Assessor's Block 1725 - An Ordinance to amend Map Sheets ZN05 and SU05 the Planning Code in order to reclassify the northern half of the Subject Property from RH-2 (Residential House, Two-Family) to NC-2 (Neighborhood Commercial, Small-Scale), pursuant to Planning Code Section 302. The proposed Ordinance is before the Commission so that it may recommend adoption, rejection, or adoption with modifications to the Board of Supervisors, and adopt findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.

Preliminary Recommendation: Recommend adoption to the Board of Supervisors.

(Continued from Regular Meeting of January 8, 2009)

C. COMMISSIONERS' QUESTIONS AND MATTERS

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.

D. DIRECTOR'S REPORT

6. Director's Announcements

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

8. (a. john-baptiste: (415) 558-6547)

Budget FY2009-2010: Goals, Financial Conditions, Balancing Options - Informational Presentation - to discuss the Department's proposed FY2009-2010 goals, review the financial conditions facing the City and the Department, and present preliminary budget balancing options.

(A. BEN-PAZI: (415) 575-9075)

9. 1 Hawthorne Street - north-east side between Howard and Folsom Street, Lot 047 in Assessor's Block 3735 - Informational Presentation of Public Artwork. On March 23, 2006 the Commission adopted Motion 17215 approving a mixed use building at the site. The conditions of approval of this Motion include a Public Artwork requirement pursuant to Code Section 149. The conditions of approval also require that the final art concept and location be submitted for review by, and be satisfactory to the Director of the Planning Department in consultation with the Commission. This site is within the C-3-O (SD) Zoning District, and a 250-S Height and Bulk District.

10. (T. SULLIVAN-LENANE: (415) 558-6257)

Planning Code Articles 10 and 11 - Informational Presentation to discuss policy issues for preservation planning and the rewriting of Articles 10 (Preservation of Historical Architectural and Aesthetic Landmarks) and Article 11 (Preservation of Buildings and Districts of Architectural, Historical, and Aesthetic Importance in the C-3 Districts) to implement the provisions of the new San Francisco Charter Section 4.135 (Historic Preservation Commission).

11. 2008.1404I (S. WERTHEIM: (415) 558-6612)

THE ART INSTITUTE OF CALIFORNIA – SAN FRANCISCO ABBREVIATED INSTITUTIONAL MASTER PLAN - Informational Presentation - Report on the Art Institute of California – San Francisco's Abbreviated Institutional Master Plan (IMP), pursuant to Planning Code Section 304.5. The Art Institute of California – San Francisco is located at 1170 Market Street (Block 0351 Lot 051), 1145 Market Street (Block 3702, Lots 044 and 044A), and 10 United Nations Plaza (Block 0351 Lot 050). The Abbreviated IMP contains information on the nature and history of the institution, the location and use of affiliated buildings, and development plans. The IMP is available for viewing on the Planning Department's website (from www.sfplanning.org click  Publications & Reports and then  Institutional Master Plans ).

Preliminary Recommendation: No action required

E. 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. REGULAR CALENDAR

12. 2008.0720C (P. LAVALLEY: (415) 575-9084)

988 Valencia Street - west side between Liberty and 21^st Streets, Lot 009 in Assessor's Block 3608 - Request for Conditional Use Authorization pursuant to Planning Code Sections 303, 703.3, and 703.4 to establish a formula retail use (dba American Apparel) in the Valencia Neighborhood Commercial District. The subject property is within a 50-X Height and Bulk District and is a contributing resource to the Liberty-Hill Historic District designated under Article 10 of the Planning Code. No building expansion is proposed.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of January 15, 2009)

13. 2007.1269C (B. BENDIX: (415) 575-9089)

3398 22^Nd street - northeast corner at Guerrero and 22^nd Streets, Lot 028 in Assessor's Block 3617 - Request for Conditional Use Authorization pursuant to Planning Code Sections 145.2, 303 and 710.26 to legalize a walk-up facility (ATM), dba "Swipe USA", that is not recessed 3-feet from the property line, in an NC-1 (Neighborhood Commercial Cluster) Zoning District with an 40-X Height and Bulk designation.

Preliminary Recommendation: Approval

(Continued from Regular Meeting of January 15, 2009)

NOTE: Will also include a brief informational presentation regarding Swipe USA's practice of installing ATMs within the City and County of San Francisco.

14a. 2006.0826CV (K. GUY: (415) 558-6163)

1946 Polk Street (AKA 1591 Pacific Avenue) - southeast corner at Pacific Avenue, Lot 024 of Assessor's Block 0596 - Request for Conditional Use Authorization to allow development on a lot exceeding 10,000 square feet, to reduce parking requirements, and to grant an exception to bulk requirements. The proposed project is to demolish an existing 1.5-story retail building and surface parking lot and construct a new 5-story mixed-use building containing approximately 39 dwelling units, approximately 35 parking spaces, and approximately 2,300 square feet of ground-floor retail space. The project site is located within the Polk Street Neighborhood Commercial District, and a 65-A Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Continued from the Regular Meeting of January 22, 2009)

14b. 2006.0826CV (K. GUY: (415) 558-6163)

1946 Polk Street (AKA 1591 Pacific Avenue) - southeast corner at Pacific Avenue, Lot 024 of Assessor's Block 0596 - Request for a Modification of Rear Yard Requirements within a Neighborhood Commercial District. The proposed project is to demolish an existing 1.5-story retail building and surface parking lot and construct a new 5-story mixed-use building containing approximately 39 dwelling units, approximately 35 parking spaces, and approximately 2,300 square feet of ground-floor retail space. The project site is located within the Polk Street Neighborhood Commercial District, and a 65-A Height and Bulk District. The Zoning Administrator will consider the request for modification of rear yard requirements concurrently with the Planning Commission's consideration of the conditional use authorization at this same hearing.

(Continued from the Regular Meeting of January 22, 2009)

15. 2008.0367C (R. CRAWFORD: (415) 558-6358)

5640-5648 Mission Street - northwest side, at the northerly corner of Mission and Whipple Avenue Lots 008 and 009 of Assessor's Block 7098 - Request for Conditional Use Authorization under, Planning Code Section 711.81 to develop a Large Institutional Use (Buddhist Temple) above the ground floor and Section 711.21 Use Size greater than 3,999 square feet. The proposal is to construct a new second story to the existing one story temple building, expanding the building to 5,959 square feet in area for temple offices and a parsonage in an NC-2, Small Scale Neighborhood Commercial District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approve with Conditions

16. 2008.0140C (M. SMITH: (415) 558-6322)

4127-4129 18^TH Street - south side between Castro and Collingwood Streets, Lot 036 in Assessor's Block 2695 - Request for Conditional Use Authorization pursuant to Planning Code Section 703.4 to expand a formula retail pharmacy (d.b.a Walgreen's) into the adjacent storefront and Section 715.21 to establish a Use Size greater than 1,999 square feet in the Castro Neighborhood Commercial District, the Upper Market Special Sign District, and a 40-X Height and Bulk District.

Preliminary Recommendation: Disapproval

17. (M. CORRETTE: (415) 558-6295)

Adoption of the findings of the Market and Octavia Area Plan Survey (Survey) - Informational presentation - The Survey consists of buildings within the Area Plan boundaries, built in or before 1961, and not previously surveyed. Survey products generated by the consultant include: Market and Octavia Area Plan Context Statement; Survey Report; 1563 DPR 523A forms; 155 DPR 523D forms and 9 DPR 523D records. The Planning Department has drafted 2 DPR 523D records as a substitute for one of the 9 consultant-prepared DPR 523D records. On December 17, 2008, the Landmarks Preservation Advisory Board (Landmarks Board) endorsed Survey findings, and recommended the Planning Commission to adopt with conditions. The Market and Octavia Area Plan Context Statement was prepared in conjunction with the Survey and was reviewed and endorsed by the Landmarks Board on December 19, 2007. Please note: This will be the first of two hearings on the survey. This first hearing will be an informational presentation by Planning Staff, and the consultant team of Page & Turnbull. The Department will seek Commission adoption at the second hearing scheduled for February 12th, 2009.

18. 2009.0010U (A. Rodgers: (415) 558-6395)

Adoption of baseline Inventory of Large Tourist Hotel rooms - Section 41F.3(g) of the Administration Code requires that a  baseline inventory of the number of rooms commercially available for rent as of March 1, 2009 in Large Tourist Hotels (hotels with over 100 rooms) be adopted by the Planning Commission. This Section further requires that an  annual inventory of the number of Tourist Hotel Rooms commercially available for rent be updated each year thereafter. On May 23, 2008, the Department prepared a draft list of Large Tourist Hotel rooms. This list is available at http://www.sfgov.org/site/planning_index.asp?id=81515. The Commission may adopt the Baseline Inventory at this hearing or any hearing prior to March 15, 2009.

Preliminary Recommendation: Adoption of Baseline Inventory.

19. 2008.1358T (A. Rodgers: (415) 558-6395)

Amendments to Planning Code Sections 803.4 and 815: Massage Services in South of Market Residential/Service Mixed Use District. [Board File No. 08-1504] - Ordinance introduced by Supervisors Dufty and Daly amending San Francisco Planning Code by amending Section 803.4 Uses Prohibited in SoMa Districts, Section 815 Residential/Service Mixed Use District, and Table 815 to allow a business operating as a full-service spa to provide massage services with a Conditional Use authorization; and adopting findings, including environmental findings and findings of consistency with the General Plan and the Priority Policies of Planning Code Section 101.1.

Preliminary Recommendation: Approval.

20a. 2008.0734TZ (L. LANGLOIS: (415) 575-9063)

IndiaBasin Industrial ParkZoning Update - an area generally bounded by Cargo Way to the north, Jennings Street to the east, the southern property-lines of the parcels facing Galvez or Fairfax Streets on their south sides to the south, and Third Street to the west. Proposal to amend the Planning Code by adding Planning Code Section 249.42 establishing the India Basin Industrial Park Special Use District and land use and setback provisions thereto per Planning Code Sections 302 and 306.3. The proposed ordinances coincide with the expiration of the India Basin Industrial Park Redevelopment Area and Plan and its transition to the Planning Department for entitlement authority. Blocks 4570, 5203, 5235 and 5236 are within M-2 (Heavy Industrial) Use District and proposed to be within PDR-2 (Production, Distribution and Repair) Use District. Blocks 5237 and 5242 are within M-1 (Light Industrial) Use District and proposed to be within PDR-2 (Production, Distribution and Repair) Use District. Blocks 5239 and 5240 are within M-1 (Light Industrial) Use District and proposed to be within PDR-1-B (Light Industrial Buffer) Use District. The portions of Blocks 4602A, 5253 and 5254 that are within the subject area are within M-1 (Light Industrial) Use District and proposed to be within PDR-1-B (Light Industrial Buffer) Use District. Block 5241 is within M-1 (Light Industrial) Use District and proposed to be within PDR-2 (Production, Distribution and Repair) Use District, with the exception of Lot 018 which is proposed to be within PDR-1-B (Light Industrial) Use District. The entire subject area is within a 65-J Height and Bulk District, which is not proposed to change.

Preliminary Recommendation: Approval

20b. 2008.0734TZ (L. LANGLOIS: (415) 575-9063)

IndiaBasin Industrial ParkZoning Update - an area generally bounded by Cargo Way to the north, Jennings Street to the east, the southern property-lines of the parcels facing Galvez or Fairfax Streets on their south sides to the south, and Third Street to the west. Proposal for a Planning Code Map Amendment per Planning Code Sections 302 and 306.3 to rezone Blocks 4570, 5203, 5235 and 5236 from M-2 (Heavy Industrial) to PDR-2 (Production, Distribution and Repair) Use Districts; Blocks 5237 and 5242 from M-1 (Light Industrial) to PDR-2 (Production, Distribution and Repair) Use Districts; Blocks 5239 and 5240 from M-1 (Light Industrial) to PDR-1-B (Light Industrial Buffer) Use Districts; the portions of Blocks 4602A, 5253 and 5254 that are within the subject area are zoned M-1 (Light Industrial), from M-1 (Light Industrial) to PDR-1-B; Block 5241 from M-1 (Light Industrial) to PDR-2 (Production, Distribution and Repair) Use District, with the exception of Lot 018 to PDR-1-B (Light Industrial Buffer) Use District. The entire subject area is also proposed to be within the India Basin Industrial Park Special Use District. The proposed ordinances coincide with the expiration of the India Basin Industrial Park Redevelopment Area and Plan and its transition to the Planning Department for entitlement authority. The subject area is within a 65-J Height and Bulk District, which is not proposed to change.

Preliminary Recommendation: Approval

6:00 p.m. -- [Although the following items may be called after the listed time, they will not be called before.]

21. 2008.1145D (B. BENDIX: (415) 575-9089)

2975 SAN BRUNO AVENUE - between Dwight and Woolsey Streets; Assessor's Block 5458, Lot 026 - Request for Discretionary Review of Building Permit 2008.06.25.5278 to convert the existing ground floor retail space formerly known as Best Tile and Building Supply, to a billiard parlor and bar dba Jimmy Billiard Palace. The property is located within an NC-2 (Small Scale Neighborhood Commercial) District with a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and disapprove the project.

22a. 2009.0038D (A. HEITTER: (415) 558-6602)

32-40 VARENNES STREET - east side between Green and Union Streets; Lot 036 in Assessor's Block 0115 - Request for Staff-Initiated Discretionary Review of Building Permit Application No. 2008.07.28.7751; proposal to reconfigure a dwelling unit for installation of a garage opening and ramp in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Take Discretionary Review and disapprove project.

22b. 2008.1340D (A. HEITTER: (415) 558-6602)

32-40 VARENNES STREET - east side between Green and Union Streets; Lot 036 in Assessor's Block 0115 - Request for Discretionary Review of Building Permit Application No. 2007.06.12.4300; proposing to construct a stair penthouse on the roof of the building and associated rooftop deck in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

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

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

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

Adjournment: