January 18, 2007

SAN FRANCISCO

PLANNING COMMISSION

Notice of Meeting

&

Calendar

Commission Chambers - Room 400

City Hall, 1 Dr. Carlton B. Goodlett Place

Thursday, January 18, 2007

1:30 PM

Regular Meeting

President: Dwight Alexander

Vice-President: Christina Olague

Commissioners: Michael Antonini; Sue Lee; William Lee; Kathrin Moore;

Hisashi Sugaya;

Commission Secretary: Linda D. Avery

Commission Meeting Procedures

Material submitted by the public for Commission review prior to a scheduled hearing should be received by the Planning Department reception counter at 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: Dwight Alexander

Commission Vice-President: Christina Olague

Commissioners: Michael Antonini; Sue Lee; William Lee;

Kathrin Moore; Hisashi Sugaya

• CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE

The Commission will consider a request for continuance to a later date. The Commission may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.

1. 2006.1090C (E. JACKSON: (415) 558- 6363)

120 Lathrop Avenue - south side, between Tunnel and Wheeler Avenues, Lot 001 in Assessor's Block 5090 - Request for Conditional Use Authorization for a Planned Unit Development (PUD) pursuant to Planning Code Section 304 to amend a previously approved CU/PUD authorization (Case No. 1995.183C, Motion No. 13951) to demolish an existing 1,815 square foot classroom building and construct a new 4,300 square foot multi-purpose building at the rear of the lot within an RH-1 (Residential, House, Single-Family) District with a 40-X Height and Bulk designation. The site is currently occupied by the Korean First Presbyterian Church. Exceptions are requested from rear yard and off-street parking as mandated by the Planning Code.

Preliminary Recommendation: Approval with conditions

(Proposed for Continuance to February 1, 2007)

2. 2003.1210C (M. Snyder: (415) 575-6891)

5600 THIRD STREET - the block bounded by Third Street on its east, Bancroft Avenue on its south, Mendell Street on its west, and Armstrong Avenue on its north, Lots 003, 005, 006, 007, 008, 009, and 011 of Assessor's Block 5421 - Informational Presentation on the design refinements for the proposed project approved under Planned Unit Development / Conditional Use Case No. 2003.1210C. The subject property is within an M-1 (Light Industrial) District and a 65-J Height and Bulk District.

(Proposed for Continuance to February 1, 2007)

3. 2004.0803E (S. MICKELSEN: (415) 558-4481)

41 Tehama Street - Appeal of Preliminary Negative Declaration. The project site (Assessor's Block 3736, Lots 74,75,76, 77 and 78A) is located in the Financial District on the south side of Tehama Street between First and Second Streets, adjacent to elevated freeway ramps to the south and west. The proposed project would involve the demolition of a 95-space surface parking lot and one-story storage shed and the construction of an approximately 302,200-gross-square-foot (gsf), 23-story, approximately 220-foot-tall, 198-unit residential building. The proposed development would include three subsurface parking levels with approximately 76 independently accessible parking spaces and 36 bicycle parking stalls, with primary pedestrian, bicycle and vehicle access from Tehama Street. The approximately 22,009 square-foot project site is within the C-3-O (SD) (Downtown Office Special Development) zoning district and a 200-S height and bulk district. The proposed project would require certification by the Zoning Administrator for transfer of development rights (TDRs); a Conditional Use authorization (CU) to increase dwelling unit density; and a variance from dwelling unit exposure requirements. The proposed project would also require exceptions to height limits for upper-tower extensions, separation-of-tower and rear yard requirements.

Preliminary Recommendation: Uphold Preliminary Mitigated Negative Declaration.

(Continued from Regular Meeting of November 16, 2006)

(Proposed for Continuance to March 1, 2007)

4. 2006.0882A (T. SULLIVAN-LENANE: (415) 558-6257)

1306-1310 MCALLISTER STREET - north side between Steiner and Pierce Streets; Assessor's Block 775, Lot 004A - Request for Certificate of Appropriateness to remove a portion of the ground floor bay and construct a new garage opening. The building is a contributory-altered building to the Alamo Square Historic District under Article 10. It is located within an RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District. The Landmarks Preservation Advisory Board heard this case at the September 6, 2006, public hearing and recommended disapproval.

Preliminary Recommendation: Disapproval.

(Continued from Regular Meeting of November 9, 2006)

(Proposed for Continuance to March 15, 2007)

5. 2005.0156C (M. WOODS: (415) 558-6315)

2130 GOLDEN GATE AVENUE (AKA 350 MASONIC AVENUE) -northeast corner of Masonic and Golden Gate Avenues; Lots 11 and 29 in Assessor's Block 1149 - Request for Conditional Use authorization under Sections 178 209.3(g), 303 and 304 of the Planning Code to modify a previously approved Planned Unit Development (Motion No. 11162 for Case No. 1987.519C) for a private elementary and middle school (Kindergarten through Grade 8), The San Francisco Day School, to allow the demolition of an existing single-family house (on Lot 11); renovation of the existing school facilities including the removal of an 8-car surface parking lot (on Lot 29), and the construction of a new three-story over garage/basement science building addition, in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

Preliminary Recommendation: Approval with conditions

(Continued from Regular Meeting of November 16, 2006)

(Proposed for Continuance to March 1, 2007)

6. 2006.0056C (E. Oropeza: (415) 558-6381)

317 Cortland Avenue- the north side of Cortland Avenue between Bocana and Bennington Street; Lot 015 in Assessor's Block 5667 - Request for Conditional Use Authorization pursuant to Planning Code Sections 161(j) and 303 for the reduction of required off-street parking spaces for dwelling units, for the proposed 2-unit mixed-use building within the NC-2 (Small-Scale Neighborhood Commercial) District and a 40 –X height and Bulk District.

(Proposed for Indefinite Continuance)

B. COMMISSIONERS' QUESTIONS AND MATTERS

Adoption of Commission Minutes– Charter Section 4.104 requires all commissioners to vote yes or no on all matters unless that commissioner is excused by a vote of the Commission. Commissioners may not be automatically excluded from a vote on the minutes because they did not attend the meeting.

7. Consideration of Adoption:

• Draft Minutes of Regular Meeting of September 28, 2006.
• Draft Minutes of Regular Meeting of October 5, 2006

8. 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.

9. ELECTION OF OFFICERS: In accordance with the Rules and Regulations of the San Francisco Planning Commission, the President and Vice President of the Commission shall be elected at the first Regular Meeting of the Commission held on or after the 15th day of January of each year, or at a subsequent meeting, the date which shall be fixed by the commission at the first Regular Meeting on or after the 15th day of January each year.

C. DIRECTOR'S REPORT

10. Director's Announcements

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

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

12. 2006.0831C (S. Young: (415) 558-6346)

473A HAIGHT STREET - south side between Webster and Fillmore Streets; Lot 038 in Assessor's Block 0859 - Request for Conditional Use Authorization under Sections 711.26 and 303 of the Planning Code to legalize an existing automatic teller machine (ATM) walk-up facility, installed without providing a 3-foot setback from the front property line. The ATM, which was installed without permit, is an accessory use to an existing retail store (d.b.a. Designer Brands #4). The property is located in an NC-2 (Small-Scale Neighborhood Commercial) Zoning District and a 40-X Height and Bulk District.

Preliminary Recommendation: Disapproval.

(Continued from Regular Meeting of November 9, 2006)

NOTE: On November 9, 2006, following public testimony the Commission closed public hearing and entertained a motion of intent to approve. The motion failed by a vote of +3 –2 with Moore & Olague against and Alexander absent. Item was continued to 1/18/07 so absent commissioner can participate in final action.

G. REGULAR CALENDAR

13. 2006.0074T (J. LAU: (415) 558-6383)

Informational hearing on Planning Code Amendments to Industrial Districts in Bayview Hunters Point - Informational Item. The Department is preparing a set of zoning modifications for certain M-1 and M-2 designated areas in the Bayview Hunters Point district. The Department is proposing this zoning update to implement various objectives from the Bayview Hunters Point Area Plan, which seeks to retain space for jobs and light industrial activities and to reduce land use conflicts between housing and industry in the Bayview. In general, the Code amendments would continue to permit a wide range of light and contemporary industrial activities, while restricting the size of retail and office development in the area. The zoning revisions will also standardize and codify existing land use policies and controls that currently discourage or prohibit residential development in these industrial zones.

Preliminary Recommendation: Hold hearing on informational item. No action is proposed at this time.

(Continued from Regular Meeting of November 9, 2006)

14. 2006.0676C (R. CRAWFORD: (415) 558-6358)

2198 Market Street - at north side at Sanchez Street, Assessor's Block 3542 Lot 039 - Request for Conditional Use Authorization under, Planning Code Section 228.5(b) for demolition of a gasoline service station and removal of underground storage tanks in the Upper Market Neighborhood Commercial District and a 50-X Height and Bulk District. Plans for the future use of the land are not known at this time.

Preliminary Recommendation: Approval with Conditions

(Continued from Regular Meeting of November 16, 2006)

15a. 2006.0451ACV (T. FRYE: (415) 575-6822)

250 BRANNAN STREET - between Delancey and 2^nd Streets; Assessor's Block 3774, Lot 025 - Request for Conditional Use Authorization to convert an historic warehouse into 37 dwelling units and a public parking garage, per Section 303, 818.14 and 818.30 of the Planning Code. The property is located within an SSO (Service/Secondary Office) District with a 50-X Height and Bulk limit. A Certificate of Appropriateness was issued for the proposed project by the Landmarks Preservation Advisory Board at their December 6, 2006 hearing. The Zoning Administrator will hear a related rear yard modification, open space and exposure variance request.

Preliminary Recommendation: Approve with Conditions

(Continued from Regular Meeting of January 11, 2007)

15b. 2006.0451ACV (T. FRYE: (415) 575-6822)

250 BRANNAN STREET - between Delancey and 2^nd Streets; Assessor's Block 3774, Lot 025 - Request for Rear Yard Modification, pursuant to Code Sections 134(e) and 307(g), for an exception to the rear yard requirement for the proposed dwelling units because the existing building has full lot coverage. The project also seeks variances from the open space and exposure requirements, pursuant to Code Sections 135, 140 and 305. The proposed project is the subject of a Conditional Use hearing as described above. The property is located within an SSO (Service/Secondary Office) District with a 50-X Height and Bulk limit.

(Continued from Regular Meeting of January 11, 2007)

16a. 2005.0488CEV (T. TAM: (415) 558-6325)

25 LUSK STREET - north side between Townsend and Brannan Streets; Lot 22 in Assessor's Block 3787 - Request for a Conditional Use Authorization pursuant to Planning Code Sections 817.16 and 890.88(c) to allow construction of up to 26 single room occupancy units and 3,500 sq.-ft. of dedicated Light PDR space. The project proposes a two-story vertical addition to and residential conversion of an existing 30'-tall, two-story-above-basement building last occupied by Business Service uses while converting the existing Business Service use in the basement into Light PDR. The two-story addition would be set back more than11 feet from the Lusk Street façade and would not exceed 50' in height as measured by the Planning Code. The property is in an SLI (Service, Light Industrial) District and a 65-X Height and Bulk District.

Preliminary Recommendation: Approval with Conditions

16b. 2005.0488CEV (T. Tam: (415) 558-6325)

25 LUSK STREET - north side between Townsend and Brannan Streets; Lot 22 in Assessor's Block 3787 - Request for a Variance from the Minimum Rear Yard, Parking, and Minimum Dimensions for Usable Open Space requirements set forth in Planning Code Sections 134, 151, 135(f)(1), and 135(g)(2). Whereas the Planning Code requires a minimum rear yard of 15 feet for SRO projects in the South of Market Base District, the project proposes an inner court instead. Whereas the Planning Code requires a one parking space for each 20 units with a minimum of two off-street parking spaces, the project proposes none. While the proposed project would provide more than the minimum usable open space area required under Section 135(d)(2), the proposed project would not comply with the minimum horizontal and vertical dimensions for some portions of the proposed private and common usable open space. The property is in an SLI (Service, Light Industrial) District and a 65-X Height and Bulk District.

17. 2006.1284ET (C. NIKITAS: (415) 558-6396)

CONDITIONAL USE FOR DEMOLITION OF DWELLING UNITS - a proposed ordinance amending the Planning Code, introduced by Supervisor Sophie Maxwell under Board File 061371, adding Section 317, prohibiting the demolition of residential units unless Conditional Use authorization is granted for the replacement building, making environmental findings and findings of consistency with the priority policies of Planning Code section 101.1 and the General Plan. This item is presented as informational, with action proposed to be taken at the hearing of February 8, 2007.

Preliminary Recommendation: Do not take action at this hearing.

(Continued from Regular Meeting of January 11, 2007)

18. 2005.1398T (S. DENNIS: (415) 558-6314)

INCLUSIONARY AFFORDABLE HOUSING AMENDMENTS - Consideration of an Ordinance [Board of Supervisors File Number 061529] Modifying the Residential Inclusionary Affordable Housing Requirements by amending Section 315 et seq. by amending Section 315 to clarify the regulations in effect for particular projects; amending Section 315.1 to modify certain definitions related to income and sale price calculation; amending Section 315.3 to conform the legislation to the requirement that the ordinance apply to all projects of 5 units or more; amending Sections 315.4 and 315.5 to establish separate requirements for buildings of 120 feet in height or greater, to clarify the requirements related to the type of on- and off-site housing required, and to establish a preference in the lottery for on- and off-site units for people who live and work in San Francisco; amending Section 315.6 to provide updated guidelines for the calculation of the in lieu fee and to allow MOH to expend funds for a study to periodically update the fee; amending Section 315.7 to change the amount of time an ownership unit shall remain affordable; amending Section 315.8 to amend certain monitoring and study obligations; and making a related change to the Jobs-Housing Linkage Program by amending Section 313.6 to make annual adjustments in the in lieu fee for that program correspond to the method used for the Residential Inclusionary Affordable Housing Program.

19. 2006.0983DD (G. CABREROS: (415) 558-6169)

662 - 12^TH AVENUE - east side between Balboa and Cabrillo Streets; Lot 035 in Assessor's Block 1633 - Requests for Discretionary Review of Building Permit Application No. 2006.05.09.1153 proposing a one-story-over-ground floor, 25-foot deep rear addition to a three-story-over-garage, single-family residence in an 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 November 2, 2006)

NOTE: On November 2, 2006, following public testimony, the Commission continued the matter to 1/18/07 instructing the project sponsor to reduce the scale and depth of the project and its potential impacts to the rear yard area and mid-block open space. Public hearing remains open.

20. 2006.0445D (M. LI: (415) 558-6306)

1536 Pacific Avenue - north side between Polk and Larkin Streets, Lot 006 in Assessor's Block 0573 - Request for Discretionary Review of Building Permit Application No. 2004 1202 0517, proposing the construction of a four-story, 40-foot-high building containing six dwelling units, seven parking spaces, and approximately 3,600 square feet of ground-floor commercial space, in an NC-2 (Small-Scale Neighborhood Commercial) District and a 65-A Height and Bulk District.

Preliminary Recommendation: Do not take discretionary review and approve the project as proposed

21. 2006.1059D (T. SULLIVAN-LENANE: (415) 558-6257)

528-530 STANYAN STREET - east side between Fell and Hayes Streets; Lot 005 in Assessor's Block 1213 - Request for Discretionary Review of Building Permit Application No. 2006.0530.2734, proposing to construct a two-level deck at the rear of the two-unit building located within an RH-3 (Residential, House, Three-Family) District and 65-A Height and Bulk District.

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

(Continued from Regular Meeting of November 16, 2006)

22. 2006.0823D (S. VELLVE: (415) 558-6263)

555 HAIGHT STREET - south side between Fillmore and Steiner Streets, Lot 062 in Assessor's Block 0860 - Request for Discretionary Review of Building Permit Application No. 2006.03.03.5979 proposing to change the permitted use of the second and third floors of a three-story building, which has been operating without authorization as a tourist hotel, from four dwelling units to group housing with 12 bedrooms, located in an NC-2 (Small-Scale Neighborhood Commercial) District, and 40-X Height/Bulk District.

Preliminary Recommendation: Take Discretionary Review and deny the project.

(Continued from Regular Meeting of November 16, 2006)

23. 2006.1085D (I. WILSON: (415) 558-6163)

244 32^ND AVENUE - east Side between California and El Camino del Mar; Lot 015 in Assessor's Block 1391 - Request for Discretionary Review of Building Permit Application No. 2006.06.23.4870, proposing to alter the existing second floor roofline and add a penthouse with roof deck towards the rear of the building. The property is located within an RH-1(D) (Residential, House, One-Family Detached) 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 November 16, 2006)

Note:On October 19, 2006, following public testimony, the Commission continued the matter to November 16, 2006 by a vote +6 –0. Public hearing remains open.

24a. 2005. 0307D (B. FU: (415) 558-6613)

368 CAPP STREET - west side between 18^th and 19^th Streets; Lot 047 in Assessor's Block 3590 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of housing demolition, of Demolition Permit Application No. 2005.01.06.2659 to demolish an existing single-family dwelling in an RH-3 (Residential, House, Three-Family) District with a 50-X Height and Bulk Designation. The project also includes the new construction of a three-unit building.

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

(Continued from Regular Meeting of November 16, 2006)

24b. 2005.0329DD (B. FU: (415) 558-6613)

368 Capp Street- west side between 18^th and 19^th Streets; Lot 047 in Assessor's Block 3590 - Mandatory Discretionary Review, under the Planning Commission's policy requiring review of new construction as a result of housing demolition, and a request of Discretionary Review, for Building Permit Application No. 2005.01.06.2663 for the new construction of a three-unit building in an RH-3 (Residential, House, Three-Family) District with a 50-X Height and Bulk Designation.

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

(Continued from Regular Meeting of November 16, 2006)

G. PUBLIC COMMENT

At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the Calendar. Each member of the public may address the Commission for up to three minutes.

The Brown Act forbids a commission from taking action or discussing any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the commission is limited to:

(1) responding to statements made or questions posed by members of the public; or

(2) requesting staff to report back on a matter at a subsequent meeting; or

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

Adjournment: