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Its without recommendation. Is that correct . No. You could put it out with recommendation or without recommendation. Oh im sorry. Thats our advice. When a ceqa appeal is pending but not other land use appeals. Okay. So this appeal is not a due process appeal . Can you explain a little bit . Sure. The reason for the advice on ceqa appeals is has nothing to do with due process issue. Its whether the board can take approval actions during the appeal process. And for the appeal and due process appeal so we have to do it without recommendation. On cu appeals and other appeal there is is not a proh...

The immediate vicinity of this building. Thank you. Thank you. Okay colleagues the item is in the hands of the committee. So colleagues given what i suggested before let me suggest a couple of approaches. If it were up to me i would love to send this out at the 425foot mark which is between where the two parties are and i am happy to support that with recommendation. Assuming youre not comfortable with that send it out without recommendation today and encourage the parties between the next 24 hours to have a clean resolution. Both parties are moved and at this point 25 feet a clean resolution ...

Again all of the heights are this height limit we believe is keeping with the overall design character and the heights in the immediate vicinity of this building. Thank you. Thank you. Okay colleagues the item is in the hands of the committee. So colleagues given what i suggested before let me suggest a couple of approaches. If it were up to me i would love to send this out at the 425foot mark which is between where the two parties are and i am happy to support that with recommendation. Assuming youre not comfortable with that send it out without recommendation today and encourage the parties ...

It steps up here and thousand feet at the Transit Center so again all of the heights are this height limit we believe is keeping with the overall design character and the heights in the immediate vicinity of this building. Thank you. Thank you. Okay colleagues the item is in the hands of the committee. So colleagues given what i suggested before let me suggest a couple of approaches. If it were up to me i would love to send this out at the 425foot mark which is between where the two parties are and i am happy to support that with recommendation. Assuming youre not comfortable with that send it...

Between the next 24 hours to have a clean resolution. Both parties are moved and at this point 25 feet a clean resolution of years of litigation and continued controversy over this project. Now if there is no resolution by the time we need to vote tomorrow at the board and if were forced to decide this up or down i dont know at this moment how i will vote, but again i am eternally hopeful. And my understanding is we have to put this out with recommendation given we have appeal without recommendation. Without recommendation. Yeah. Because we have appeal from the Historic Preservation commission...