SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, June 1, 2006

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 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. 2006.0506C (D. SIROIS: (415) 558-6313)

1320 Castro Street - west side between 24^th Street and Jersey Street Lot 003 in Assessor's Block 6506 - Request for Conditional Use authorization under Planning Code Sections 728.42, 728.24, 728.41establish a full-service restaurant with a full bar and outdoor seating in the rear yard. The subject property is located in the 24^th Street, Noe Valley Neighborhood Commercial District in a 40-X Height and Bulk District.

(Proposed for Continuance to June 8, 2006)

2. 2005.0816IC (A. LIGHT: (415) 558-6254)

55 STOCKTON STREET - southwest corner of intersection with O'Farrell Street, Lot 1, in Assessor's Block 327 - Request for a Conditional Use authorization to convert three dwelling units located above ground level to institutional space for the subject property, which is in the C-3-R (Downtown, Retail) Zoning District and a 80-130-F Height and Bulk District. The proposal is to convert three dwelling units on the top floor of the existing subject eight-story mixed use building, containing retail on the first two levels, office uses on the third through seventh levels, plus the subject three dwelling units occupying the eighth floor. The Fashion Institute of Design and Merchandising, which currently occupies office space on three floors of the subject building, needs additional institutional space and plans to occupy the eighth floor of the building where the three dwelling units are currently located.

(Proposed for Continuance to June 8, 2006)

3. 2005.0552E (M. Jacinto: (415) 558-5988)

340-350 Fremont Street - Certification of a Final Environmental Impact Report: The proposed project would involve demolition of two existing marine labor union halls and construction of a 40-story, 400-foot-tall building containing 380 residential units, with up to 380 off-street parking spaces located on five levels of below-grade parking. The project would provide about 108 bicycle stalls, two off-street loading spaces, approximately 20,400 square feet of onsite open space, and additional publicly accessible open space at an off-site location. The 350 and 340 Fremont Street buildings, constructed in 1956 and 1962 respectively, are considered historical resources under CEQA for their associations with maritime union history. The project site is located mid-block on the west side of Fremont Street between Folsom and Harrison Streets (Assessor's Block 3748; Lots 6, 7, 8, and 9). The site is within the Rincon Hill Downtown Residential use district and a 400-R height and bulk district. This Draft EIR is tiered from the Final EIR for the Rincon Hill Plan (Case No. 2000.1081E; State Clearinghouse No. 1984061912).

Please note: The public review period for the Draft Environmental Impact Report is closed. The Planning Commission does not conduct public review of Final EIRs. Public comments on the certification may be presented to the Planning Commission during the Public Comment portion of the Commission calendar. Preliminary Recommendation: Certify the Final Environmental Impact Report. (Proposed for Continuance to June 8, 2006)

4a. 2004.0552X (M. SNYDER (415) 558-6891)

340-350 FREMONT STREET - west side between Harrison Street and Folsom Street, Lots 006, 007, 008, and 009 of Assessor's Block 3748 - Request under Planning Code Section 309.1 (Rincon Hill Downtown Residential District) for Determinations of Compliance, and an exception to allow: (1) greater than one parking space for every two units (Planning Code sections 151.2 and 309.1(b)(1)(B)); (2) dwelling unit exposure (Planning Code Sections 140 and 309.1(b)(1)(D)); (3) tower separation (Planning Code Section 270(e)(4)); and (4) the provision of the required usable open space off-site (Planning Code Sections 309.1(b)(1)(G) and (H) and 309.1(e)(2)). The project is to demolish the existing two buildings (340 and 350 Fremont Street) and construct a residential project that would consist of a tower reaching 400-feet (exclusive of mechanical penthouse and screening). The project would feature a publicly accessible pedestrian path on its north side that would be aligned with townhouse units. The project would include approximately 330 dwelling units and approximately 330 parking spaces. The subject property is located in the Rincon Hill Downtown Residential District and a 85/400-R Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to June 8, 2006)

4b. 2004.0552V (M. SNYDER (415) 558-6891)

340-350 FREMONT STREET - west side between Harrison Street and Folsom Street, Lots 006, 007, 008, and 009 of Assessor's Block 37487 - Request for a Variance to vary the specification for front entry stoops; Planning Code Section 827(d)(5)(C) requires that along the subject portion of Fremont Street, residential entries have front stoops that have a height of at least three-feet on average. As proposed, the required townhouse units along Fremont Street would be at grade. The subject property is located in the Rincon Hill Downtown Residential District and an 85/400-R Height and Bulk District.

(Proposed for Continuance to June 8, 2006)

5a. 2006.0358X (M. SNYDER (415) 558-6891)

399 FREMONT STREET - northeast corner of Fremont Street and Harrison Street, Lots 001E, 002, and 006 of Assessor's Block 3747 - Request under proposed Planning Code Section 309.1 (Rincon Hill Downtown Residential District) for Determinations of Compliance, and an exception to allow greater than one parking space for every two units (Planning Code sections 151.2 and 309.1(b)(1)(B), dwelling units exposure (Planning Code Sections 140 and 309.1(b)(1)(D), and to allow a portion of the parking garage above grade (Planning Code Section 827(7)(A) and 309.1(a)(a)(D)). The project is to demolish the existing three buildings (375 Fremont Street, 385 Fremont Street and 399 Fremont Street) and construct a residential project that would consist of a tower reaching 400-feet (exclusive of mechanical penthouse and screening) that would be sited at the corner of Fremont Street and Harrison Street; the project would also consist of a podium structure that would align Fremont Street and Harrison Street and would feature townhouse units. The project would include approximately 432 dwelling units and up to 432 parking spaces (one half of which would be independently accessible). The subject property is located in the Rincon Hill Downtown Residential District and an 85/400-R Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

(Proposed for Continuance to June 8, 2006)

5b. 2006.0358V (M. SNYDER (415) 558-6891)

399 FREMONT STREET - northeast corner of Fremont Street and Harrison Street, Lots 001E, 002, and 006 of Assessor's Block 3747 - Request for a Variance to vary the specification for front entry stoops; Planning Code Section 827(d)(5)(C) requires that along the subject portion of Fremont Street, residential entries have front stoops that have a height of at least three-feet on average. As proposed, the required townhouse units would feature ramps that would lead to stoops that would be less than three-feet above grade on average. The subject property is located in the Rincon Hill Downtown Residential District and an 85/400-R Height and Bulk District.

(Proposed for Continuance to June 8, 2006)

6. 2006.0092ET (d. sider: (415) 558-6697)

Planning Code amendments relating to Medical Cannabis Dispensaries (MCD's) [Board File No. 060032] On January 10, 2006, Supervisors Mirkarimi and Ma introduced legislation which would have allowed certain existing MCD's to relocate irrespective of Planning Code restrictions on the proximity of new MCD's to schools and recreation buildings. On March 28, 2006 a substitute Ordinance was introduced which instead would amend [1] grandfathering provisions for existing MCD's, [2] the definition of a  recreation building' with respect to proximity restrictions for new and existing MCD's, and [3] noticing requirements for MCD permits. The substitute Ordinance would also modify portions of the Health Code in order to make amendments to the MCD permitting process and MCD permit provisions.

Preliminary Recommendation: Adoption

(Continued from Regular Meeting of May 18, 2006)

(Proposed for Continuance to June 8, 2006)

7. 2006.0409D (E. TOPE: (415) 558-6316)

1 BELGRAVE AVENUE- south side at the end of Belgrave Avenue, east of Shrader Street; Lot 024 in Assessor's Block 2662 - Request for Discretionary Review of Building Permit Application No. 2005.07.07.7059S, proposing to add an approximately 200 square foot first floor addition and an approximately 180 square foot second floor addition to the rear of an existing two-story over garage single-family dwelling in an RH-1(D) (Residential, House, One-Family, Detached Dwellings) District and a 40-x Height and Bulk District.

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

(Continued from Regular Meeting of May 4, 2006)

(Proposed for Continuance to June 15, 2006)

8a. 2005.0713D (B. FU: (415) 558-6613)

710 SILLIMAN STREET -north side between Dartmouth and Bowdoin Streets; Lot 006 in Assessor's Block 5917 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No.2005.03.11.7350 to demolish an existing single-family dwelling (the project also proposes the construction of a new single-family dwelling) in an RH-1 (Residential, House, One-Family) District with a 40-X Height and Bulk Designation.

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

(Continued from Regular Meeting of May 4, 2006)

(Proposed for Continuance to June 15, 2006)

8b. 2005.1070D (B. FU: (415) 558-6613)

710 SILLIMAN STREET - north side between Dartmouth and Bowdoin streets; lot 006 in assessor's block 5917 - 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. 2005.03.11.7348 for the new construction of a single-family dwelling in an RH-1 (Residential, House, One-Family) District with a 40-X Height and Bulk Designation.

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

(Continued from Regular Meeting of May 4, 2006)

(Proposed for Continuance to June 15, 2006)

B. COMMISSIONERS' QUESTIONS AND MATTERS

9. 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.

C. DIRECTOR'S REPORT

10. Director's Announcements

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

12. (A. GHOSH: (415) 558-6282)

INFORMATIONAL PRESENTATION BY THE AIA - This is the second in a series of presentations. The first presentation, "Understanding Context", presented on February 2, 2006, showed how a building can be successful without having to mimic its neighbor, using innovative design solutions. This next presentation expands this concept to larger projects, as they play an important role in successfully contributing to and framing the public realm within its neighborhood.

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.

1. CONSIDERATION OF FINDINGS AND FINAL ACTION – PUBLIC HEARING CLOSED

13. (J. Ionin: (415) 558-6309)

Dwelling Unit Merger Policy - Mandatory Discretionary Review Policy for Dwelling Unit Mergers - Planning Department presentation of new guidelines, policy objectives, and implementation alternatives for Planning Commission consideration.

Preliminary Recommendation: Approval.

(Continued from Regular Meeting of May 4, 2006)

NOTE: On January 26, 2006, following public testimony, the Commission closed public hearing and continued the matter, by a vote +5 –0. Commissioner Hughes and W. Lee were absent. Public hearing remains open to address any new information presented.

NOTE: On May 4, 2006, the Commission passed a motion of intent to approve as modified; by a vote +6 –0. Final Language on 6/1/06.

• REGULAR CALENDAR

14. (A. JOHN-BAPTISTE: (415) 558-6547)

Planning Department Budget and Proposed Fee Structure - Consideration of adjustments to rates, fees, and fines, including but not limited to fee collection, allocation, and disbursements relevant to the operations of the Planning Department during FY2007 and beyond.

Preliminary Recommendation: Approval

(Continued from Regular Meeting of May 18, 2006)

15. 2005.1135L (T. TAM: (415) 558-6325)

Median Strip on Sloat Boulevard at 45th Avenue- Request for the Planning Commission to adopt a Resolution approving the designation of the Doggie Diner Sign as City Landmark No. 254 and recommending it to the Board of Supervisors. The subject sign is located on the median strip (public right-of-way) of Sloat Boulevard at 45th Avenue.

Preliminary Recommendation: Approve recommending designation to the Board of Supervisors

16a. 2003.0159CV (B. FU: (415) 558-6613)

2527 Mission Street - east side, between 21^st and 22^nd Streets, Lot 026 in Assessor's Block 3615 - Request for Conditional Use authorization under Planning Code Sections 161(j), 303, and 712.70 to allow a reduction in the off-street parking requirement for dwelling units, for new construction of a mixed use four-unit residential and commercial building, within a NC-3 (Moderate-Scale Neighborhood Commercial) District with a 65-B Height and Bulk designation, and in the Housing/Mixed Use Zone as designated by Planning Commission Resolution No. 16727. The project also includes a Variance request for the off-street parking requirement for the proposed office and retail uses.

Preliminary Recommendation: Approval with Conditions.

(Continued from Regular Meeting of May 11, 2006)

16b. 2003.0159CV (B. FU: (415) 558-6613)

2527 Mission Street- east side, between 21st and 22nd Streets, Lot 026 in Assessor's Block 3615 - Request for Off-Street Parking Variance under Planning Code Section 151 to require off-street parking be provided in the minimum quantities specified per each principal use of a building over 5,000 square feet of gross floor area. A total of 13 independently accessible off-street parking spaces are required as a result of the proposed office and retail uses on the first and second floors. No parking is proposed. The Zoning Administrator will consider the variance application concurrently with the Planning Commission.

(Continued from Regular Meeting of May 11, 2006)

17. 2004.0973C (M. WOODS: (415) 558-6315)

7070 CALIFORNIA STREET (a.k.a. 229 - 32^nd Avenue) - north side on a through lot to El Camino del Mar between 32^nd Avenue and Lincoln Park; Lot 37 in Assessor's Block 1392 - Request for Conditional Use authorization under Sections 209.3(g), 303 and 304 of the Planning Code to modify a previously approved Planned Unit Development under Motion No. 13678 for Case No. 1994.003C for a private elementary and middle school for girls (Kindergarten through grade 8), The Katherine Delmar Burke School, to allow the construction of a new two-story arts and sciences building, and the renovation of existing facilities, in an RH-1(D) (House, One-Family Detached Dwelling) Zoning District and a 40-X Height and Bulk District. The Planned Unit Development would include an exception to rear yard requirements of the Planning Code.

(Continued from Regular Meeting of May 11, 2006)

18a. 2004.0664EXCV (K. AMDUR: (415) 558-6351)

201 SECOND STREET - southeast corner of Second Street and Howard Street, Lot 97 in Assessor's Block 3736 - Request for (1) Findings of Compliance with CEQA, and (2) Determinations of Compliance and Exceptions pursuant to Code Section 309, for a project that would demolish a surface parking lot and construct a 19-story, approximately 180-foot tall building with approximately 103 dwelling units, 1,000 sq. ft. of ground floor retail space and parking for up to 28 cars. The project also requires conditional use authorization for dwelling unit density. The project will be the subject of a concurrent variance hearing before the Zoning Administrator because approximately 17 of the 104 dwelling units would not have Code-required dwelling unit exposure. This project lies within a C-3-O (SD) (Downtown Office, Special Development) District, the 350-S Height and Bulk District, and within the proposed Transbay C-3 Special Use District.

(Continued from Regular Meeting of May 18, 2006)

18b. 2004.0664EXCV (K. AMDUR: (415) 558-6351)

201 SECOND STREET - southeast corner of Second Street and Howard Street, Lot 97 in Assessor's Block 3736 - Request for Conditional Use authorization for dwelling unit density, for a project that would demolish the existing surface parking lot and construct a 19-story, approximately 180-foot tall building with approximately 103 dwelling units, 1,000 sq. ft. of ground floor retail space and parking for up to 28 cars. The project also requires findings of compliance with CEQA, and determinations of compliance and exceptions pursuant to Code Section 309. The project will be the subject of a concurrent variance hearing before the Zoning Administrator because approximately 17 of the 104 dwelling units would not have Code-required dwelling unit exposure. This project lies within a C-3-O (SD) (Downtown Office, Special Development) District, the 350-S Height and Bulk District, and within the proposed Transbay C-3 Special Use District.

(Continued from Regular Meeting of May 18, 2006)

18c. 2004.0664EXCV (K. AMDUR: (415) 558-6351)

201 SECOND STREET - southeast corner of Second Street and Howard Street, Lot 97 in Assessor's Block 3736 - Request for a Variance from Code Section 140 (dwelling unit exposure) for a project that would demolish the existing surface parking lot and construct a 19-story, approximately 180-foot tall building with approximately 103 dwelling units, 1,000 sq. ft. of ground floor retail space and parking for up to 28 cars. Approximately 17 of the 104 dwelling units would not have the Code-required dwelling unit exposure. The project will be the subject of a concurrent hearing before the Planning Commission for findings of compliance with CEQA, determinations of compliance and exceptions pursuant to Code Section 309, and conditional use authorization for dwelling unit density. This project lies within a C-3-O (SD) (Downtown Office, Special Development) District, the 350-S Height and Bulk District, and within the proposed Transbay C-3 Special Use District.

(Continued from Regular Meeting of May 18, 2006)

19. 2006.0406D (R. CRAWFORD: (415) 558-6358)

455 27^th Street - south side between Noe and Sanchez Streets. Assessor's Block 6591 Lot 034 - Request for Discretionary Review of Building Permit Application No. 2005.10.17.5751 to construct an 8-foot long addition to the rear and add a third story to the existing two-story dwelling 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.

20. 2005.0337D (D. WASHINGTON: (415) 558-6443)

77 Seneca Avenue - West side of Seneca Avenue south of Alemany Blvd. Assessor's Block 6969 Lot 008B - Request for Discretionary Review of Building Permit Application No. 2004.10.13.6678 to maintain a second floor rear addition and partially constructed rear deck both constructed without building permits in the 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 as submitted.

21. 2006.0093T (L. SCOTT: (415) 558 6317)

PROPOSED CRITERIA FOR DETERMINATION OF GENERAL ADVERTISING SIGN LEGALITY - Consideration of legalization criteria for general advertising signs. This criteria would be used to evaluate whether signs are code compliant as part of a sign inventory process. An ordinance (File No. 05-2021) pending before the Board of Supervisor's Land Use Committee provides a relocation procedure for general advertising signs, requires sign companies to submit inventories of signs, and provides funding through new fees charged to sign companies for the Planning Department to verify such inventories.

Preliminary Recommendation: Pending

22. Discretionary Review Policy (J. IONIN: (415) 558-6309)

Department presentation to the Commission on their D.R. Policy adopted May 20, 2004 with suggested modifications to the Pre-Application process, expanded criteria and new terminology ("Simple vs Complex" to "Abbreviated vs Standard").

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 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: