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City and County of San Francisco

September 2, 2004 - Corrected

September 2, 2004 - Corrected

SAN FRANCISCO
PLANNING COMMISSION

Notice of Meeting
&
Calendar
Corrected

Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, September 2, 2004
1:30 PM

Regular Meeting

President: Shelley Bradford Bell
Vice-President: Sue Lee
Commissioners: Michael J. Antonini; Kevin Hughes; William L. Lee; Christina Olague

Commission Secretary: Linda D. Avery

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

To view the hearing in progress on the Internet: http://www.sfgov.org/sfgtv

THE AGENDA PACKET IS AVAILABLE FOR REVIEW AT THE PLANNING DEPARTMENT
1660 MISSION STREET, 5TH FLOOR RECEPTION

Commission Meeting Procedures

Material submitted by the public for Commission review prior to a scheduled hearing should be received by the Planning Department reception counter at 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 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 Donna Hall, 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 Donna.Hall@sfgov.org.

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

COMMUNICATIONS

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

1) Planning Department Case Executive Summary

2) Planning Department Case Report

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

4) Public Correspondence

These items will be available for review at the Planning Department, 1660 Mission St., 5th floor reception.

1:30 PM _________

ROLL CALL: Commission President: Shelley Bradford Bell

      Commission Vice-President: Sue Lee

      Commissioners: Michael J. Antonini; Kevin Hughes; William L. Lee, Christina Olague

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.

      1a. 2004.0338DDDV (D. DIBARTOLO: (415) 558-6291)

          755 22nd AVENUE - west side between Cabrillo and Fulton Streets: Lot 014 in Assessor's Block 1665 - Requests for Discretionary Review of Building Permit Application No. 2003.09.29.6087S, proposing to construct a three-story horizontal extension at the rear of the existing three-story single family dwelling unit and to add an additional dwelling unit at the ground floor. The rear addition would increase the structure's depth by approximately 6 feet into the rear yard in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. Preliminary Recommendation: Do not take Discretionary Review and approve the project.

          (Continued from Regular Meeting of July 22, 2004)

          (Proposed for Continuance to September 9, 2004)

      1b. 2004.0338DDDV (D. DIBARTOLO: (415) 558-6291)

          755 22nd AVENUE - west side between Cabrillo and Fulton Streets: Lot 014 in Assessor's Block 1665 - The proposal is to construct a three-story horizontal extension at the rear of the existing three-story single family dwelling unit and to add an additional dwelling unit at the ground floor. A Variance is sought from the off-street parking requirements of Section 154, as the project would provide a 2-car tandem parking configuration rather than independently accessible parking as required by the Planning Code. The subject property is within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

          (Continued from Regular Meeting of July 22, 2004)

          (Proposed for Continuance to September 9, 2004)

      2. 2003.0657C (G. CABREROS (415) 558-6169)

          1730 VAN NESS AVENUE - east side between Clay and Sacramento Streets, Lot 019 in Assessor's Block 0622 -- Request for Conditional Use authorization under Planning Code Sections 209.3, 209.8, 253 and 271 to allow the expansion of an institutional use (American Buddhist Cultural Temple), the creation of a commercial space above the ground floor, construction of a building exceeding 40 feet in height, and exceptions from the prescribed bulk limits in an RC-4 (Residential Commercial Combined, High Density) District, the Van Ness Special Use District and an 80-D Height and Bulk District. The project would result in a four-story building up to 80 feet in height containing a sanctuary, a bookstore, group housing for monks, a dining hall, dormitory rooms for students, conference rooms, offices and various other rooms associated with the institution.

          Preliminary Recommendation: Approval with Conditions

          (Proposed for Continuance to September 9, 2004)

      3. 1999.210C (J. PURVIS: 415-558-6354)

          3620 19th STREET - North side between Guerrero and Oakwood Streets; Lots 18, 68, 70 in Assessor's Block 3752 - Status report and Commission comment on a 39-unit residential planned unit development approved by the Planning Commission under Motion No. 16134 on April 5, 2001, and amended, on appeal, by the Board of Supervisors under Board Resolution No. M01-76 on July 2, 2001. The project site has been sold and the new owners have modified the design. It is within an RH-2 (Residential, House, Two-Family) and RH-3 (Residential, House, Three-Family) Use District and a 40-X Height and Bulk District.

          (Proposed for Continuance to September 9, 2004)

      4. 2004.0635D (M. SNYDER: (415) 575-6891)

          3150 18th STREET (aka 470 TREAT AVENUE) - northwest corner of 18th Street and Treat Avenue, Lots 2 and 12 in Assessor's Block 3573 - Mandatory Discretionary Review under the Eastern Neighborhoods Interim Policies of Building Permit Application No. 2004.05.21.4487 and Demolition Permit Nos. 2004.05.21.4485 and 2004.05.21.4484 proposing to demolish existing light-industrial structures and to construct a new structure that would contain approximately 260 units of rental workshops for arts activities, light manufacturing, repair and small business service uses, approximately 54 off-street parking spaces, a care-taker's unit, and a small café, in an M-1 District, a 50-X Height and Bulk District, and within a Core PDR Zone as designated in the Eastern Neighborhood Interim Policies.

          Preliminary Recommendation: Take Discretionary Review and approve the project with conditions.

          (Proposed for Continuance to September 23, 2004)

5. (M. FOSTER (415) 558 - 6362)

          OVERVIEW OF THE PROPOSED MID-MARKET SPECIAL USE DISTRICT - Informational presentation on the status of the draft Mid-Market Development Plan and Special Use District (MM SUD). Staff will describe the process, goals and key proposals, and outline the schedule for Planning and Redevelopment Commission hearings for further review and adoption. No Action

          (Proposed for Continuance to October 14, 2004)

      6. 2004.0267C (G. NELSON (415) 558-6257)

          3231-3237 PIERCE STREET - west side between Chestnut and Lombard Streets; Lots 005 and 006 in Assessor's Block 0489. Request for Conditional Use authorization pursuant to Sections 145.2, 711.24, and 303 of the Planning Code to allow an outdoor activity area at the rear of two adjoining lots as part of a proposal to create a retail nursery (considered "Other Retail Sales and Services" per Sec. 790.102 of the Code) on the property. The proposal is also to demolish an existing single-story commercial structure at the front of Lot 005 and a garage structure at the rear of lot 005 and construct a commercial structure on lot 005. The outdoor nursery area would occupy the rear yards of both Lot 005 and 006. If approved, the proposed business (Sloat Garden Center) would have 11 retail stores (in the greater Bay area) and would then be considered a formula retail business per sections 703.3 and 711.40 of the Code.

          Preliminary Recommendation: Pending

          (Proposed for Continuance to October 7, 2004)

      7. 2004.0151D (M. WOODS: (415) 558-6315)

          2250 JACKSON STREET - north side between Buchanan and Webster Streets; Lot 008 in Assessor's Block 0589 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of all dwelling unit mergers, of Building Permit Application No. 2003.07.07.8857S, proposing to merge five dwellings units to a single-family residence in an RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District.

          Preliminary Recommendation: Pending

          (Continued from Regular Meeting of June 10, 2004)

      (Proposed for Continuance to October 14, 2004)

      8. 2004.0393C (G. CABREROS (415) 558-6169)

          2443-2445 CLEMENT STREET - south side between 25th and 26th Avenues; Lots 035 and 036 in Assessor's Block 1457. Request for Conditional Use Authorization under Planning Code Section 717.11 to allow development of a lot greater than 5,000 square feet in area in the Outer Clement Street Neighborhood Commercial District and a 40-X Height and Bulk District. The project proposes demolition of three non-residential structures and new construction of a 40-foot tall, four-story, mixed-used building with one ground-floor commercial space and nine residential units.

          Preliminary Recommendation: Approval with Conditions

          (Proposed for Continuance to November 4, 2004)

B. COMMISSIONERS' QUESTIONS AND MATTERS

      9. Consideration of Adoption of Draft Minutes of July 1, 15 and 22, 2004.

      10. Commission Comments/Questions

C. DIRECTOR'S REPORT

      11. Director's Announcements

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

      13. 2003.1254D (E.TOPE: 415-558-6316)

          170 ST GERMAIN AVENUE- - North side at Glenbrook Avenue; Lot 009 in Assessor's Block 2708 -- Status report and Commission comment on allegations that the Planning Commission had based approval of Building Permit Application No. 2003.07.31.0905, proposing to construct a horizontal and vertical addition to an existing single family dwelling in an RH-1 (D) (Residential, House, One-Family, Detached Dwellings) District and a 40-x Height and Bulk District, on false information. The Commission requested a tentative re-hearing of this case on October 7, 2004.

D. 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 agenda items that have 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.

E. CONSIDERATION OF FINDINGS AND FINAL ACTIONS - Public Hearing Closed

    14. 2003.1226DV (K. MCGEE: (415) 558-6367)

      266-270 14th STREET - north side of 14th Street, between Mission and South Van Ness Streets, Lot 20 in Assessor's Block 3531- Request for Discretionary Review for Building Permit Application 2003.11.26.1242 proposing to change the use of the building from a live/work use to an assembly and entertainment use per Planning Code Section 221. The property is located in a C-M (Heavy Commercial) Zoning District, in a 40-X Height and Bulk District, and in the Housing/Mixed Use area of the Eastern Neighborhoods.

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

      (Continued from July 15, 2004 Hearing)

      NOTE: On July 15, 2004, following public testimony, the Commission closed the public hearing and continued this matter to September 2, 2004 by a vote of +4-0 (Commissioner Bradford Bell was absent and Commissioner Olague was excused) in order to review the new Conditions of Approval. Public Comment is open only issues related to the Conditions of Approval.

F. REGULAR CALENDAR

      15a. 2003.0404D (B. FU: (415) 558-6613)

          971 CAPP STREET - east side between 24th and 25th Streets; Lot 017 in Assessor's Block 6518 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2004.07.22.9493 to demolish an existing single-family dwelling (the project also proposes the construction of a new four-family dwelling) in an RM-2 (Residential, Mixed, Moderate Density) District with a 40-X Height and Bulk Designation.

          Preliminary Recommendation: Do Not Take Discretionary Review and approve demolition.

      15b. 2004.0761D (B. FU: (415) 558-6613)

          971 CAPP STREET - east side between 24th and 25th Streets; Lot 017 in Assessor's Block 6518 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new construction as a result of housing demolition, of Building Permit Application No. 2004.07.22.9494 for the new construction of a four-family dwelling in an RM-2 (Residential, Mixed, Moderate Density) District with a 40-X Height and Bulk Designation.

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

      16. 2004.0367D (T. WANG: (415) 558-6335)

          40 DAY STREET - north side between Dolores Street and San Jose Avenue; Lot 009 in Assessor's Block 6634 - Request of Discretionary Review of Building Permit Application No. 2004.01.21.4492, proposing to fill in a rear building notch on either side of the first and second floors and construct a one-story rear addition and a third story vertical addition to an existing one-story over garage, 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 project as revised.

      17a. 2004.0097D (G. NELSON (415) 558-6257)

          2070 GOLDEN GATE AVENUE - north side between Central and Lyon Streets; lot 019 in Assessor's Block 1150 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2003.09.29.6052, proposing to demolish a two-story two-family dwelling in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District. The two-family dwelling is located at the front of the lot. There are related proposals to demolish a single-family dwelling at the rear of the lot and to construct a four-story, three-family dwelling with three off-street parking spaces.

          Preliminary Recommendation: Do Not take Discretionary Review and approve the demolition.

      17b. 2004.0098D (G. NELSON: (415) 558-6257)

          2070 GOLDEN GATE AVENUE - north side between Central and Lyon Streets; lot 019 in Assessor's Block 1150 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2004.02.23.6957, 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. The single-family dwelling is located at the rear of the lot. There are related proposals to demolish a two-family dwelling at the front of the lot and to construct a four-story, three family dwelling with three off-street parking spaces.

          Preliminary Recommendation: Do Not take Discretionary Review and approve the demolition.

      17c. 2004.0099D (G. NELSON (415) 558-6257)

          2070 GOLDEN GATE AVENUE - north side between Central and Lyon Streets; lot 019 in Assessor's Block 1150 - 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. 2003.09.29.6049, proposing to construct a four-story, three-family residential structure with three off-street parking spaces in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District. There are related proposals to demolish a two-family dwelling at the front of the lot and a single-family dwelling at the rear of the lot.

          Preliminary Recommendation: Take Discretionary Review and approve the new construction with modifications.

      18. 2004.0544D (G. NELSON (415) 558-6257)

          850 EL CAMINO DEL MAR - north side between 32nd Avenue and Lake Street; lot 020 in Assessor's Block 1312 - Request for Discretionary Review of Building Permit Application No. 2004.01.21.4516, proposing to alter a single-family dwelling by creating a new hipped roof, enlarging a rooftop stair penthouse, expanding the second floor by 4 feet at both the front and rear, enclosing an exterior corridor and extending a rear terrace at the first floor, in an RH-1(D) (Residential, Single-Family, Detached) District and a 40-X Height and Bulk District.

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

      19. 2004.0365DD (G. CABREROS: (415) 558-6169)

          850 45TH AVENUE - east side between Cabrillo and Fulton Streets; Lot 024 in Assessor's Block 1687 - Requests for Discretionary Review of Building Permit Application No. 2003.08.22.2792 proposing to add a second dwelling unit, add two floors and a horizontal addition to the rear of the existing single-family residence resulting in a four-story, two-unit building in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

          Preliminary Recommendation: Take Discretionary Review and approve with modifications.

          (Continued from Regular Meeting of July 22, 2004)

      20. 2004.0540D (D. SIROIS: (415) 558-6313)

          1050 DOLORES STREET - west side between 23rd & 24th Streets, Lot 037, in Assessor's Block 3649 - Mandatory Discretionary Review, under the Planning Commission's Policy on Dwelling Unit Mergers, of Building Permit Application No. 2004.04.13.1112, proposing to convert a five-family dwelling to a four-family dwelling The subject property is located in an RM-1 (Residential, Mixed, Low density) District in a 40-X Height and Bulk District.

          Preliminary Recommendation: Do not take Discretionary Review and approve dwelling unit merger

4:00 p.m.

      21. (G. GREEN: (415) 558-6411)

          REVIEW AND COMMENT ON INTERIM POLICIES AND CONTROLS FOR THE EASTERN NEIGHBORHOODS: (including eastern SOMA, Showplace Square, and the Mission). Review and comment on adopted policies and initiated draft interim controls, which were established by the Planning Commission on February 12, 2004 to set forth areas for Housing and Mixed Uses, Core PDR (Production, Distribution, and Repair), and Housing/PDR in specified Eastern Neighborhoods Community Plan Areas. This hearing will summarize prior Commission actions and provide an opportunity for the Commission to comment on Staff recommendations for potential policy amendments and modifications to initiated interim controls.

      NOTE: On February 12, 2004, the Commission adopted Resolution 16726 initiating draft controls and Resolution 16727 adopting policies for portions of the Eastern Neighborhoods. On May 6, 2004, the Commission adopted Resolution 16783, which amended the boundaries of the SOMA as addressed under Resolution 16727. On March 25, 2004, Commission President Bradford Bell re-opened the consideration of initiation of interim controls for the Mission, as addressed under Resolution 16726. On June 3, 2004, without a hearing, the Commission continued the matter to July 1, 2004. On July 1, 2004, the Commission held a public hearing and continued the matter to September 2, 2004.

      22. 2003.0980C (D. SIROIS: (415) 558-6313)

          4840 MISSION STREET - north side between Onondaga Avenue and Seneca Avenue, (AKA Valente, Marini & Co. Funeral Home) Lots, 019, 025 & 026 in Assessor's Block 6956 - Request for Conditional Use authorization under Planning Code Sections 712.64 (mortuary use) and 712.21 (use size over 5,999 square feet) to construct a new two-story, 13,740 square-foot mortuary facility that would replace the existing 26,432 square-foot Valente, Marini & Co. Funeral Home. The subject property is located in NC-3 (Moderate-Scale Neighborhood Commercial) and RH-1 (Residential House, Single Family) Districts and in a 40-X Height and Bulk District.

          Preliminary Recommendation: Approval with Conditions

      23. 2004.0658T (P. LORD: (415) 558-6311)

          PARK NEXUS STUDY - Consideration of an Ordinance amending San Francisco Planning Code Section 139 to provide that $100,000 of Downtown Special Park Fund monies shall be used to fund a nexus study, under the direction of the General Manager of the Recreation and Park Department, to examine whether the Downtown Park Fees should be imposed on uses other than office and on geographical areas of the City other than C-3 uses districts and making findings of consistency with the priority policies of Planning Code Section 101.1 and the General Plan.

          Preliminary Recommendation: 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))

Adjournment:

PLEASE NOTE:

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

Last updated: 11/17/2009 9:59:50 PM