January 27, 2005SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, January 27, 2005
2:00 PM
Regular Meeting
President: Sue Lee
Vice-President: Dwight S. Alexander
Commissioners: Michael J. Antonini; Shelley Bradford Bell; 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 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 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.
2:00 PM _________
ROLL CALL: Commission President: Sue Lee
Commission Vice-President: Dwight S. Alexander
Commissioners: Michael J. Antonini; Shelley Bradford Bell; 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. 2004.0885D (G. NELSON (415) 558-6257)
1517 IRVING STREET - south side between 16th and 17th Avenues; lot 047 in Assessor's Block 1771 - 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. 2004.04.13.1125, proposing to construct a four-story, three-family residential structure with three off-street parking spaces in the Inner Sunset Neighborhood Commercial District and a 40-X Height and Bulk District. There is a related proposal (2004.0884D) to demolish the single-family dwelling at the rear of the lot.
Preliminary Recommendation: Pending
(Proposed for Continuance to February 3, 2005)
Preliminary Recommendation: Pending
(Proposed for Continuance to February 3, 2005)
2a. 2003.0253D (G. NELSON: (415) 558-6257)
(Continued from Regular Meeting of January 13, 2005)
3. 2003.1185C (B. FU: (415) 558-6613)
3537 19TH STREET - south side of 19th Street between San Carlos and Lexington Streets, Lot 104, Assessor's Block 3596 - Request for Conditional Use authorization under Planning Code Sections 209.6(b) to install a wireless telecommunications facility consisting of three (3) panel antennas and related equipment on an existing publicly-used structure as part of Cingular Wireless' wireless telecommunications network on a Location Preference 1 (Preferred Location - Publicly-Used Structure) within a RH-3 (Residential, House, Three Family) Zoning District and a 40-X Height and Bulk District.
Preliminary Recommendation: Pending
(Proposed for Continuance to March 24, 2005)
4. 2004.0800D (B. FU: (415) 558-6613)
1690 FOLSOM STREET - northwest corner of Folsom and 13th Streets; Lot 040 in Assessor's Block 3515 - Request of Discretionary Review of Building Permit Application No. 2003.09.18.5167 proposing to change the use of existing building from wholesale to retail in a M-1 (Light Industrial) District with a 40-X Height and Bulk Designation.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.
DISCRETIONARY REVIEW APPLICATION WITHDRAWN
5. 2004.1258D (S. VELLVE: (415)-558-6263)
9 SEAL ROCK DRIVE - south side between 45th Avenue and Alta Mar Way; Lot 034 in Assessor's Block 1482 - Request for Discretionary Review of Building Permit Application 2004.08.17.1796 proposing to construct a deck (less than three feet from grade) and a balcony at the second floor at the rear of the structure within a RH-1 (House, One-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation - Do not take Discretionary Review and approve the building permit application as proposed.
DISCRETIONARY REVIEW APPLICATION WITHDRAWN
B. COMMISSIONERS' QUESTIONS AND MATTERS
6. Consideration of Adoption - Draft Minutes of December 2, 2004.
7. Commission Comments/Questions
C. DIRECTOR'S REPORT
8. Director's Announcements
9. Review of Past Week's Events at the Board of Supervisors and Board of Appeals
10. (M. FOSTER (415) 558 - 6362)
THE RINCON HILL PLAN: INFORMATIONAL PRESENTATION - Informational presentation to review the draft Rincon Hill Plan. Staff will brief the Commission on the community planning process, key plan proposals (including recent revisions), and outline a schedule for further Planning Commission review.
Preliminary Recommendation: No Action
D. 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.
E. 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.
CONSIDERATION OF FINDINGS AND FINAL ACTION - PUBLIC HEARING CLOSED
11. 2004.0361D (M. SMITH: (415) 558-6322)
184 MAJESTIC AVENUE - east side between Summit and Lakeview Avenues, Lot 019 in Assessor's Block 7060 - Request for Discretionary Review of Building Permit Application No. 2002.07.24.2259, proposing to construct a two-story over garage single-family dwelling on a vacant lot, located in a RH-1 (Residential, House, One-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 December 2, 2004)
NOTE: On December 2, 2004, following public testimony, the Commission closed public hearing and continued the matter to January 27, 2004, allowing the project architect to design a project that is more compatible with the neighborhood. The vote was +5 -0 with Commissioners Alexander and Hughes absent.
F. REGULAR CALENDAR
12. 2004.0458E (J. NAVARRETE: (415) 558-5975)
566 SOUTH VAN NESS AVENUE - Appeal of Preliminary Negative Declaration - The proposed project would include demolition of an existing 4,344 gross-square-foot, one-story retail/commercial building and rear storage building and construction of a five-story, 50-foot-tall mixed-use building which would contain 32 residential units on the second through fifth floors and retail/commercial use on the ground floor. The residential use would be 27,491 gross square feet (gsf) in area, and the retail/commercial space would be 4,344 gsf in size. The ground floor and basement levels would include 32 parking spaces designated for the residential use with ingress and egress from South Van Ness Avenue. The ground floor would contain the commercial space and residential lobby. The 12,253-square-foot site is located within the C-M (Heavy Commercial) zoning district and within a 50-X height and bulk district. The project is within the Housing Mixed Use PDR District and within the Eastern Neighborhood Policies adopted by the Planning Commission. The proposed project requires a conditional use authorization for residential use in the C-M district.
Preliminary Recommendation: Uphold Negative Declaration
(Continued from Regular Meeting of January 20, 2004)
13. 1999.0414E (C. ROOS: (415) 558-5981)
325 FREMONT STREET - Residential development with parking - Assessor's Block 3747, Lots 012, 013, and 014. Substitution of Mitigation Measure and Addendum to a Final Negative Declaration. Re-evaluation of the revised project, detailed in the following agenda items for the project (Case Nos. 2004.0636C and 2004.0636V), led to an Addendum (December 20, 2004) to the prior Negative Declaration (Case No. 1999.0414E, Final Negative Declaration, February 29, 2000). The revisions to the project would increase the number of units from 59 to 70, an increase of 11 units; increase the number of parking spaces from 57 to 70, with use of mechanical lifts; eliminate a proposed roof deck and solarium and reduce the floors of the building by one (from 22 stories to 21 stories); and widen and landscape a portion of the Fremont Street sidewalk as provision of open space. The revised project would maintain the same height and mass of the building analyzed in the final Negative Declaration. The Addendum found that the conclusions of the prior Negative Declaration, with an updated mitigation measure, remain current and valid. In the resource area of archaeology, a modified, more intensive archeological resources mitigation measure, based on more recent information regarding potential archeological resources in the project vicinity is being required. The other mitigation measures remain unchanged and a revised Mitigation Monitoring and Reporting Plan, including the new mitigation measure, has been prepared for project adoption. The CEQA Guidelines, Section 15074.1, states that a public hearing be held and findings made when one mitigation measure is deleted from a Negative Declaration for a project and another is substituted and a determination be made that the new mitigation measure is, "[E]quivalent or more effective" in avoiding or reducing the potential adverse effect of the project. This finding will be made during Commission consideration of the project for approval.
Preliminary Recommendation: Hold public hearing on substitution of mitigation measure.
(Continued from Regular Meeting of January 13, 2005)
14a. 2004.0636CV (B. FU: (415) 558-6613)
325 FREMONT STREET - northeast side of Fremont Street, Lots 012, 013, and 014 in Assessor's Block 3747 - Request for Conditional Use authorization for: (1) the amendment of previous approval of a residential use exceeding 40 feet in height pursuant to Planning Code Section 253(a); and (2) the amendment of previous approval of a building exceeding 80 percent of site coverage pursuant to Planning Code Section 249.1(b)(1)(B) within the Rincon Hill Special Use District in a RC-4 (Residential-Commercial Combined High Density) District with a 200-R Height and Bulk designation. The amendment would increase the number of units from the previously approved 51 to 70, an increase of 19 units; retain the number of previously provided parking spaces of 51, with additional parking spaces of up to 70 that may be incorporated with mechanical lifts; eliminate a proposed roof deck and solarium; reduce the floors of the building by one; and widen and landscape a portion of the Fremont Street sidewalk as provision of open space. The revised project would maintain the same height and mass of the building analyzed in the previous approval.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of January 13, 2005)
14b. 2004.0636CV (B. FU: (415) 558-6613)
325 FREMONT STREET - northeast side of Fremont Street, Lots 012, 013, and 014 in Assessor's Block 3747 - Request for a Variance to: (1) allow the reduction of the required amount of off-street parking spaces pursuant to Planning Code Section 151; and (2) exceed the percentage permitted for private open space per Planning Code Section 249.1 within the Rincon Hill Special Use District in a RC-4 (Residential-Commercial Combined High Density) District with a 200-R Height and Bulk designation. The amendment would increase the number of units from the previously approved 51 to 70, an increase of 19 units; retain the number of previously provided parking spaces of 51, with additional parking spaces of up to 70 that may be incorporated with mechanical lifts; eliminate a proposed roof deck and solarium; reduce the floors of the building by one; and widen and landscape a portion of the Fremont Street sidewalk as provision of open space. The revised project would maintain the same height and mass of the building analyzed in the previous approval.
(Continued from Regular Meeting of January 13, 2005)
15. 2001.0772C (B. FU: (415) 558-6613)
3318 MISSION STREET - west side, between 29th and 30th Streets, Lot 003 in Assessor's Block 6635 - Request for Conditional Use Authorization under Planning Code Sections 712.38 and 790.84, to allow a residential conversion of the existing dwelling unit on the second level of a two-story building into a banquet hall and to relocate the existing unit to a new proposed third level in a NC-3 (Moderate-Scale Neighborhood Commercial) District with a 40-X Height and Bulk designation.
Preliminary Recommendation: Approval with Conditions
16a. 2004.0049ACEV (D. DIBARTOLO: (415) 558-6291)
1338-1348 10th AVENUE - east side between Irving and Judah Streets; Lots 031 and 032 in Assessor's Block 1764 - Request for Conditional Use authorization to allow an increase in the size of the existing elementary school (Oakes Children Center) from approximately 8,150 square feet to approximately 11,900 square feet per Section 209.3 (g) of the Planning Code. The project would demolish the existing two-story structure at 1338 10th Avenue and then construct a new three-story building with interior connection to the adjacent structure, City Landmark No. 29 ("the Old Firehouse"), contained on the adjacent lot at 1348 10th Avenue, within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
16b. 2004.0049ACEV (D. DIBARTOLO: (415) 558-6291)
1338-1348 10th AVENUE - east side between Irving and Judah Streets; Lots 031 and 032 in Assessor's Block 1764 - Request for Variance. The proposal is to demolish the existing two-story structure at 1338 10th Avenue and then construct a new three-story structure. A rear yard variance is sought under Section 134 of the Planning Code, as the rear wall of the new structure would encroach approximately 19.5 feet into the 54 foot required rear yard, within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
17. 2004.0952C (M. WOODS: (415) 558-6315)
2141 CHESTNUT STREET - south side between Steiner and Pierce Streets; Lot 20 in Assessor's Block 0490 - Request for Conditional Use authorization under Sections 186.1 and 303 of the Planning Code to convert a vacant movie theater (formerly known as Cinema 21) and three small retail storefronts to a single retail use (to be occupied by Walgreens) and two small movie theaters on the second floor/mezzanine, in an NC-2 (Small-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
18. 2004.0305C (D. JONES: (415) 558-6477)
1111 JUNIPERO SERRA BOULEVARD - southeast corner of the intersection Shields Street and Junipero Serra Boulevard, Lot 024 in Assessor's Block 7080 - Request for Conditional Use Authorization to allow the installation of six (6) panel antennas concealed into the base of the existing church steeple (Temple Methodist Church), and install three outdoor equipment cabinets located on the south side of the church as part of a wireless telecommunication network, pursuant to Planning Code section 209.6(b), in an RH-1 (Residential, Single-Family) District and a 40-X Height and Bulk District. As per the City & County of San Francisco's Wireless Transmission Services (WTS) Facilities Siting Guidelines the proposal is a Location Preference 2 (Co-Location Site).
Preliminary Recommendation: Approval with Conditions
19. 2004.1019C (D. SIDER: (415) 558-6697)
2816 SAN BRUNO AVENUE - west side, between Wayland and Woolsey Streets; Lot 002A in Assessor's Block 6049 - Request for Conditional Use Authorization to allow (1) the establishment of a Large Fast Food Restaurant in an NC-2 (Small-Scale Neighborhood Commercial) Zoning District pursuant to Planning Code Section 711.43 and (2) hours of operation between 2:00am and 6:00am pursuant to Code Section 711.27. The proposal would change the legal use of an existing vacant 1,700 gross square foot retail space into a bakery (DBA "Red House Bakery"), which at the scale proposed, falls within the definition of a Large Fast Food Restaurant as defined by Code Section 790.90. The facility would open in the early morning hours for baking and food preparation only; customer service would not begin until after 6:00am. No work to the exterior of the structure is proposed. The subject property is located within an NC-2 Zoning District and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with Conditions
20 2004.1174C (M. LI: (415) 558-6396)
1657 POWELL STREET - west side between Green and Union Streets, Lot 002 in Assessor's Block 0118 - Request for Conditional Use authorization to establish a retail coffee store (dba "Eguna Basque") of approximately 1,970 square feet, in a space last legally occupied by a retail business. There will be no physical expansion of the existing building or commercial space. The site is within the North Beach Neighborhood Commercial District and a 40-X Height and Bulk District.
Preliminary Recommendation: Approval with conditions
21. 2004.0656C (S. SNYDER: (415) 558-6543)
3579 FOLSOM STREET - southeast corner at Chapman Street, Lot 42 in Assessor's Block 5627 - Request for Conditional Use Authorization under Section 121 of the Planning Code for the creation of one lot with a width of less than 25 feet in an RH-1 (House, Single Family) District, and a 40-X Height and Bulk District, and the Bernal Heights Special Use District.
Preliminary Recommendation: Disapproval
22a. 2004.0420MR (J. SWITZKY: (415) 575-6815)
SAN FRANCISCO BICYCLE PLAN Consideration of adoption of proposed amendments to the General Plan under the provisions of Sections 340 and 306.3(b)(3) of the Planning Code. The proposed amendments would incorporate the Bicycle Plan in whole by reference into the General Plan and amend sections of the General Plan that are relevant to bicycling, including the Transportation Element and Downtown Area Plan, according to the goals of the Bicycle Plan. The San Francisco Bicycle Plan is the result of a two-year collaborative planning process involving the Department of Parking and Traffic, the San Francisco County Transportation Authority, the San Francisco Bicycle Coalition and many other agencies and organizations.
Preliminary Recommendation: Approve the Draft Resolution
22b. 2004.0420MR (J. SWITZKY: (415) 575-6815)
SAN FRANCISCO BICYCLE PLAN The Commission will consider a resolution to adopt General Plan conformity findings for the San Francisco Bicycle Plan: Policy Framework.
Preliminary Recommendation: Approve the Draft Resolution finding the San Francisco Bicycle Plan: Policy Framework in conformity with the General Plan, as amended.
23. 2004.0875D (G. NELSON: (415) 558-6257)
141 PARNASSUS AVENUE - southeast corner of intersection of Parnassus and Shrader Streets, Lot 001G in Assessor's Block 1277; Mandatory Discretionary Review, under the Planning Commission's policy requiring review of dwelling unit mergers, of Building Permit Application No. 2004.05.26.4872, proposing to legalize the merger of two dwelling units within a four-unit, three-story apartment building in an RH-3 (Residential, Three-Family) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and disapprove the merger.
24. 2004.1239DDDD (G. CABREROS: (415) 558-6169)
2404 BROADWAY - north side between Steiner and Pierce Streets; Lot 004 in Assessor's Block 0562 - Requests for Discretionary Review of Building Permit Application No. 2004.04.08.0804 proposing various facade alterations and to construct side and rear horizontal additions to the existing three-story, single-family residence in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.
(Continued from Regular Meeting of January 20, 2005)
Preliminary Recommendation: Take Discretionary Review and Approve with Modifications.
25. 2004.1263D (D. SIROIS: (415) 558-6313)
146-148 VALLEY STREET - north side, between Dolores & Church, Lot 015, Assessor's Block 6615 - Request for Discretionary Review of Building Permit Application 2004.09.15.4256, to construct a three-story horizontal addition to the east side of the building and a new deck and enclosure off the kitchen on the east side at the second level. The subject property is located in an RH-2 (Residential, Two-Family) District and in a 40-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.
H. 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 m`1eeting 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:
It is the intent of the Planning commission to hold a public hearing to discuss their rules and regulations on Thursday, February 10, 2005.
