April 14, 2005
SAN FRANCISCO
PLANNING COMMISSION
Notice of Meeting
&
Calendar
Commission Chambers - Room 400
City Hall, 1 Dr. Carlton B. Goodlett Place
Thursday, April 14, 2005
1:30 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.
Separate broadcast service is now available at: http://majestic.ipolis.net/SFGTV/sfpuc.ram
Or
View the broadcast on Fridays at 8:00 P.M.
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 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.
1:30 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
- 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. 2003.1152V (M. LUELLEN: (415) 558-6478)
329 Bay- south side between Powell and Mason Streets through to Vandewater Street; Lot 036 Block 0041 - Request for Variance from rear yard requirements, pursuant to a project that would demolish the existing, largely vacant, one-story building with 8,550 square feet of existing retail space to construct a new four-story building approximately 40 feet high, containing 21 dwelling units and 3,100 square feet of retail space. Twenty-one parking spaces would be located below grade, with vehicular access from Vandewater Street. Section 134(a)(1) requires that a building which contains dwellings in this district have a minimum rear yard depth equal to the larger of 25 percent of the lot depth or 15 feet. The subject lot is 120 feet deep and the required rear yard would be 30 feet. The project proposes no rear yard, but substitutes two light courts approximately 25 feet in depth on each side property line at mid-lot. The site is zoned C-2 (Community Business District), in the Northern Waterfront Special Use District #2, and a 40-X Height and Bulk District.
(Continued from Regular Meeting of March 24, 2005)
(Proposed for Continuance to April 21, 2005)
2. 2004.1311D (B. FU: (415) 558-6613)
860 Innes Avenue - east side between Griffith and Fitch Streets; Lot 018 in Assessor’s Block 4645 - Request for Discretionary Review of Building Permit Application No. 2004.02.26.7273 proposing a vertical addition consisting of 3 additional floors to accommodate 3 dwelling units, to convert the ground floor into a 3-car garage, and to change the ground floor use from business service to retail within a NC-2 (Small-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.
Preliminary Recommendation: Do Not Take Discretionary Review and Approve Project as Proposed.
(Proposed for Continuance to April 28, 2005)
3. 2005.0171D (D. SIDER: (415) 558-6697)
130 Townsend StreeT - west corner of Stanford Street, Lot 008 in Assessor's Block 3788 - Mandatory Discretionary Review of Miscellaneous Permit Application Number MB0500372, a Zoning Referral from the California Department of Alcoholic Beverage Control (ABC). The proposal would change the use of a vacant approximately 6,000 square foot ground floor space to a full-service restaurant and bar (DBA “Tres Agaves”) which would sell alcoholic beverages for consumption on-site. The balance of the structure (approximately 3,500 square feet) would be used as an art gallery. 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 which involve a new or relocated liquor license or bar within the proposed Ballpark Vicinity Special Use District (BVSUD). The property is located in an SSO (Service / Secondary Office) District, the proposed BVSUD, the South End Historic District, and a 50-X Height and Bulk District.
Preliminary Recommendation: Do not take Discretionary Review and approve the project as proposed.
(Continued from Regular Meeting of March 24, 2005)
(Proposed for Indefinite Continuance)
4. 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
(Continued from Regular Meeting of February 3, 2005)
(Proposed for Indefinite Continuance)
5. 2004.0389D (J. PURVIS: (415) 558-6354)
684 ARKANSAS STREET - west side between 20th and 22nd Streets; Lot 016 in Assessor’s Block 4098 - Request for Discretionary Review of Building Permit Application No. 2003.05.22.5290 proposing the conversion of a single-family dwelling to a two-family dwelling with vertical and horizontal extensions. The site is 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 March 3, 2004)
DISCRETIONARY REVIEW APPLICATION WITHDRAWN
B. COMMISSIONERS’ QUESTIONS AND MATTERS
6. Consideration of Adoption:
- Draft Minutes of Regular Meeting of February 10, 2005
- Draft Minutes of Special Meeting of February 10, 2005
7. Commission Comments/Questions
8. Discussion of the responsibilities assigned to the Zoning Administrator by City Charter and Planning Code.
C. DIRECTOR’S REPORT
9. Director’s Announcements
10. Review of Past Week’s Events at the Board of Supervisors and Board of Appeals
11. 2003.1162EC (J. MILLER 415-558-6344)
2351 POWELL STREET - Informational item - west side between North Point and Bay Streets, with additional frontage on Stockton and Mason Streets, all of Assessor's Block 31 (Lots 1, 3 and 4) within a C-2 (Community Business) District and a 40-X Height and Bulk District, and all of Assessor's Block 32 (Lots 1 and 2) and Lot 3 in Assessor's Block 33, within an RM-3 Mixed Residential, Medium Density) District and a 40-X Height and Bulk District, and all within the Northern Waterfront Special Use District No. 2.– Follow-up report to Commission on authorized Conditional Use (Motion No. 16918) regarding dwelling-unit mix and in-lieu payment to Recreation and Park Department in place of on-site usable open space.
Preliminary Recommendation: No Action Required
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. 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.
12. 2005.0009L (M. LUELLEN: (415) 558-6478)
1110 TAYLOR STREET - east side of Taylor Street between Sacramento and Clay Streets; Lot 018 in Assessor’s Block 222 - Request for the Planning Commission to adopt a Resolution recommending that the Board of Supervisors approve the designation of the Glazer-Keating House as Landmark No. 251.
Preliminary Recommendation: Adopt a resolution recommending landmark designation.
F. REGULAR CALENDAR
13. 2004.0945C (J. PURVIS: (415) 558-6354)
695 BRYANT - southeast corner at 5th Street; Lot 047 in Assessor’s Block 3777 - Request for Conditional Use Authorization under Planning Code Section 890.50 for the intensification of a homeless shelter from a 205-bed capacity to a 345-bed capacity within an existing two-story-over-basement building. The site is within an SLI (Service/Light Industrial) Mixed Use District, a 50-X Height and Bulk District and is within the Industrial Protection Zone under Planning Commission Resolution No. 16202.
Preliminary Recommendation: Approval with Conditions
(Continued from Regular Meeting of February 3, 2005)
14a. 2004.1342EXV (M. LI: (415) 558-6396)
693 SUTTER - southeast corner at Taylor Street; Lot 009 in Assessor's Block 0297 - Request for a Determination of Compliance under Planning Code Section 309 and Request for Exceptions including an exception to the rear yard requirements as permitted in Section 134(d). The proposal is to convert approximately 7,000 square feet of office space on the fifth and sixth floors of the existing building to six dwelling units. Previously, Section 309 approval was granted for the conversion of the mezzanine and the second through fourth floors from office space to 10 dwelling units. Approval of the current proposal would result in a total of 16 dwelling units, including two BMR units. There will be no physical expansion of the existing building. The project site lies within a C-3-G (Downtown General Commercial) District and an 80-130-F Height and Bulk District. The Zoning Administrator will hold a simultaneous hearing to consider a request for an off-street parking variance.
Preliminary Recommendation: Approval with Conditions
14b. 2004.1342EXV (M. LI: (415) 558-6396)
693 Sutter - southeast corner at Taylor Street; Lot 009 in Assessor's Block 0297 - Off-street parking variance sought. The proposal is to convert approximately 7,000 square feet of office space on the fifth and sixth floors of the existing building to six dwelling units. There will be no physical expansion of the existing building. The project site lies within a C-3-G (Downtown General Commercial) District and an 80-130-F Height and Bulk District. The parking requirement for the proposed project is two spaces, and the project is proposing zero spaces. The application for variance will be considered by the Zoning Administrator.
15a. 2002.0805RTZ (M. FOSTER (415) 558-6362)
MID-MARKET REDEVELOPMENT PLAN AND SPECIAL USE DISTRICT - Assessor’s Blocks 0341; 0342; 0350; 0351, lot 035; 0355; 3507, lot 039; 3508; 3509, lots 002, 018, 019, 036, 037, 040, 041, 042, and 043; 3510, lot 001; 3701; 3702, excluding lots 015, 016, 029, 031, 032, 033, 034, 035, 036, 055, and 056 (eastern portion); 3703, excluding lots 004, 005, 006, 027, 028, and 029; 3704, lots 025, 026, 049, 050, 051, 052, and 053; 3725, lots 078, 082, 086, 087, 088, 089, 090, 091, and 093; 3727, lots 001, 091, 094, 096, 097, 101, 102, 103, 109, 117, 118, 120, 130, 134, 168, 173, 174, 175, 176, 177, 178, 180, 181, 182, 183, 184, and Block 3728, lots 001, 072, 075, 076, 081, 082, 083, 089, and 103. The Commission will consider a Motion of Intent to Initiate Amendments to the Planning Code pursuant to the proposed Mid-Market Redevelopment Plan and Special Use District.
Preliminary Recommendation: Adopt a Motion of Intent to Initiate Amendments to the Planning Code.
15b. 2002.0805RTZ (M. FOSTER (415) 558-6362)
MID-MARKET REDEVELOPMENT PLAN AND SPECIAL USE DISTRICT - Assessor’s Blocks 0341; 0342; 0350; 0351, lot 035; 0355; 3507, lot 039; 3508; 3509, lots 002, 018, 019, 036, 037, 040, 041, 042, and 043; 3510, lot 001; 3701; 3702, excluding lots 015, 016, 029, 031, 032, 033, 034, 035, 036, 055, and 056 (eastern portion); 3703, excluding lots 004, 005, 006, 027, 028, and 029; 3704, lots 025, 026, 049, 050, 051, 052, and 053; 3725, lots 078, 082, 086, 087, 088, 089, 090, 091, and 093; 3727, lots 001, 091, 094, 096, 097, 101, 102, 103, 109, 117, 118, 120, 130, 134, 168, 173, 174, 175, 176, 177, 178, 180, 181, 182, 183, 184, and Block 3728, lots 001, 072, 075, 076, 081, 082, 083, 089, and 103. The Commission will consider a Motion of Intent to Initiate Amendments to the Zoning Map pursuant to the proposed Mid-Market Redevelopment Plan and Special Use District.
Preliminary Recommendation: Adopt a Motion of Intent to Initiate Amendments to the Zoning Map.
16. 2005.0076T (D. SIDER: (415) 558-6697)
Establishing Additional Affordability Requirements for SRO Units - Consideration of an Ordinance amending Planning Code Section 890.88 to define a Single Room Occupancy (SRO) unit as a unit that is affordable to very low income or extremely low income households and making findings of consistency with Planning Code Section 101.1 and the General Plan
Preliminary Recommendation: Pending
(Continued from Regular Meeting of March 24, 2005)
17. 2003.0029E (C. ROOS (415) 558-5981)
ONE RINCON HILL RESIDENTIAL DEVELOPMENT (425 FIRST STREET) - Public Hearing On Draft Environmental Impact Report (EIR). The project would demolish the former Bank of America three-story office building, clock tower, and two-story parking garage, and construct a 720-unit development as follows: a 450-ft.-tall, 45-story north tower with about 312 units; a 550-ft.-tall. 54-story south tower with about 354 units; about 14 stacked townhouses, 45-ft.-tall fronting Harrison Street and First Street; lobbies, management office, fitness center; about 3, 220 gross square feet (gsf) of retail; accommodation for 720 parking spaces with attendants and lifts, accessible on First Street; four loading spaces accessible on Harrison Street; about 49,000 gsf of residential open space; and an additional 19,000 gsf of publicly accessible open space along Harrison Street and in the First Street public right-of-way. The project would total about 1,217,315 gsf, a net increase on the site of about 1,133,399 gsf. The site includes Lots 1, 9, and 15, in Assessor’s Block 3765, on the block bounded by Harrison, First and Fremont Streets and the Bay Bridge West approach. The north part of the site is in an RC-4 Use district, and Residential Subdistrict of the Rincon Hill Special Use District (SUD). The south part is zoned M-1, and is in the Commercial/Industrial Subdistrict of the Rincon Hill SUD. The north part of the site is zoned 200-R, and the south part is zoned 84-X for Height and Bulk. The project requires the following approvals: 1) rezoning (including Height/Bulk and Use district reclassification for the site), if the proposed Rincon Hill Plan and Downtown Residential (DTR) Use District and proposed Height and Bulk districts were not adopted and/or proceed as scheduled; 2) Conditional Use authorization should the proposed Rincon Hill Plan and Downtown Residential (DTR) Use District not be adopted and/or proceed as scheduled, or proposed Section 309.1 authorization should the Rincon Hill Plan and DTR Use District be approved; 3) demolition and building permits from the Department of Building Inspection; 4) a revocable encroachment permit or street improvement permit from the Department of Public Works (DPW), approval from DPW and the Department of Parking and Traffic for street improvements; and 5) approval from DPW and coordination with Caltrans for use of the First Street right-of-way, and a lot merger, approvable by DPW.
Preliminary Recommendation: Public Hearing to Receive Comments. No Action Required.
NOTE: Written comments will be received at the Planning Department until 5 pm, April 19, 2005.
18. 2005.0226DDDD (S. VELLVE: (415) 558-6263)
60 CLARENDON AVENUE - north side between the Stanyan Street right-of-way and Twin Peaks Boulevard; Lot 023 in Assessor's Block 2688 - Requests for Discretionary Review and staff-initiated Discretionary Review of Building Permit Application No. 2004.04.22.2053 proposing to construct a new single-family dwelling on a steeply down-sloping vacant lot. The house would be two stories at the street frontage and five stories at the rear in an RH-1(D) (House, One-Family (Detached Dwelling)) District and 40-X Height and Bulk District.
Preliminary Recommendation: Take Discretionary Review and approve the project with modifications
19a. 2004.1332D (G. CABREROS: (415) 558-6169)
1539 LINCOLN WAY - south side between 16th and 17th Avenues; Lot 039 in Assessor's Block 1734 - Mandatory Discretionary Reivew, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2003.07.18.9867, 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 demolition
(Continued from Regular Meeting of April 7, 2005)
19b. 2004.1333D (G. CABREROS: (415) 558-6169)
1539 Lincoln Way - south side between 16th and 17th Avenues; Lot 039 in Assessor's Block 1734 - 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. 2003.07.18.9863, proposing to construct a new four-story, three-unit 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.
(Continued from Regular Meeting of April 7, 2005)
20a. 2004.1334D (G. CABREROS: (415) 558-6169)
1545-1547 Lincoln Way - south side between 16th and 17th Avenues; Lot 038 in Assessor's Block 1734 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2003.07.18.9872, proposing to demolish an existing two-unit 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 demolition.
(Continued from Regular Meeting of April 7, 2005)
20b. 2004.1335D (G. CABREROS: (415) 558-6169)
1545-1547 Lincoln Way - south side between 16th and 17th Avenues; Lot 038 in Assessor's Block 1734 - 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. 2003.07.18.9869, proposing to construct a new four-story, three-unit 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.
(Continued from Regular Meeting of April 7, 2005)
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:
NOTICE
THE PLANNING COMMISSION WILL HOLD A PUBLIC HEARING ON THURSDAY, APRIL 21, 2005, TO DISCUSS AND POSSIBLy AMEND THEIR RULES AND REGULATIONS TO ADDRESS notice, voting and jurisdictional issues.
