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Difference of the height and the zone height limit with the mechanicals but i wanted to point out there is some discussion about this height being out of character with the overall skyline and we worked with the developer on the issue in the past and it is true that the original proposal was over 600 feet and we werent comfortable with that because we feel its important to maintain the urban design and stepping up to the heart of the skyline and thats what this height does and 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 ....
Language that clarifies that and for line 21 i want to clarify with the City Attorney a new determination by the ero triggers a new appeal period. A new determination by the ero that the exemption basically that the exemption no longer applies . Is that your question . Yeah. Reissuing a new exemption for the modified project does trigger a new appeal period . Right. Yes. I think we agreed on the out set and issued it clearly appealable to the board of supervisors. Okay colleagues if there are no additional comments ms. Hayward from the Planning Department. Thank you chairman wiener and supervisors. Sophie from the Planning Department. I want to reiterate and we looked at the ordinance and passed the resolution in support of the proposal. The Planning Commi ....
Pores thousands of the books there and they should be able for people who want them, but just the dumping of yellow pages that happens throughout the city its hostile to the environment. Its bad for our recycling system and i just i strongly disagree with the thinking that this type of pub occasion is deserving of what the court says protections and the court has done this to the speech and it is what it is. We are still bound by the laws interpreted by the courts so i am reluctantly supporting this. Supervisor kim. I want to concur for the supervisor and thank president chiu for your leadership on the issue. I know its a long and arduous process and i am a supporter of prohibiting or having opt in program for the yellow pages distribution Pilot Program and confer with many of the things that were said. I am sorry we are not appealing this and the legal implications of keeping on the book and i want to thank president chiu. It was ....
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 prohibition on the board on the committee moving with or without recommendation. Okay thank you for that correction. Supervisor kim. Thank you. I wanted to clarify so i have an understanding where were at and president chiu you said 25 feet difference but i thought i heard theyre at 480. Right now its at 480 but according to mr. Jeffreys there was a willingness in the conversations in the last days to ....
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 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 recommen ....