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State legislation would be brought to the Commission's attention when considering applications under this category. Ms. Decker stated that both PRZ-39 and PRZ-43, Massage Ordinance, are designed to bring the Code up to State requirements and consistency with the entire Code. She added that if the ordinances are not prioritized and are consequently not worked on, staff would follow State requirements. Mr. Dolan advised that staff would most likely alert the Commission as required and that this might be a good reason to make them less of a priority than other items. Commissioner Narum asked if the Commission had discussed PRZ-31, the 40-day requirement to hear appeals. She stated that she felt it was more an overhaul of the appeal process, fees, and criteria and that she would rather see this done than piece-mealing it. Commission Blank stated that Chair Pearce had a lot to say about it the past month and wondered if it was a more rigorous interpretation by the City's legal counsel because other than one time, he could not recall a situation where an item did not meet the 40-day requirement. Mr. Dolan stated thattheCity has had success in being persuasive in granting an extension and that he could not explain why more recent applicants have raised the concern. He added that he and felt that in some previous cases, the applicant might not have been aware of it or was not that concerned. Commissioner Blank agreed with Commissioner Narum that there was more to PRZ-31 than just the 40-day requirement, and Commissioner O'Connor inquired if fees would be affected. Mr. Dolan replied that PRZ-31 includes a recommendation to evaluate the appeal process in a very comprehensive way, which would include fees, criteria, and others. Commissioner Blank stated that from his perspective, PRZ-31 is an administrative, functional issue that can be handled by the City Manager orthe City's administrative staff and should not be a priority of the Planning Commission to fix. Acting Chair Olson stated that based on his two-year experience as a Planning Commissioner, he believed there were a couple of items on the list that needed to be prioritized. Commissioner Fox referred to wood burning fireplaces and inquired if this would pertain only to new construction or if existing fireplaces would be banned. Mr. Dolan replied that four to five years ago, the Bay Area Air Quality Management District (BAAQMD) developed a model ordinance and pushed to have all jurisdictions consider adopting it or some version of it. He stated that he did not believe it outlawed existing wood burning stoves. Commissioner Blank noted that BAAQMD has a much higher profile with Spare the Air Nights and was conducting enforcement. He noted that in his four years as PLANNING COMMISSION MINUTES, January 28, 2009 Page 6 of 10