i'm personally saying that i resulted in with the process on their end that's been created by themselves the fact they paint themselves victim so whatever we can do to set and hearing now to set a deadline, you know, god and move to approve some of the projects they don't seem to care about the action we're taking and completely laugh in our faces. >> commissioner hillis and so we're waiting what's pending and actually the eir will be before you for certification then the conditional use applications more than a dozen to legalize those that have been converted

without permit. >> so the ones that are able to the converted we're or you're taking action. >> 222 taylor we're pursuing action without waiting because there's no need to wait. >> is is that the only one. >> it's the only one we've identified and pursued the course of action. >> the eir scope is beyond just the changes it's on their fire chief it's more on their future converting haze street from whatever to say is now is an environmental impact from in action why candlelight we take action they want to get action two why do we have to wait for the eir when the eir scope is

much broad there's not a ton of impact from the cus. >> this is predating the era and it is not completed until the whole boar advertisement is the cumulative impact so to look at each one individually is not part of the environmental review. >> i have not addressed to the cumulative impact. >> they do addressing add but there's extraneous issues, etc. that's being analyzed in the eir and that's the determination of the ero we do not building they've been implemented open the projects the commission has

taken action on lombardy and in 2008, it was denied and not to be complete and the application was denied so since that time the academy has had to maintain the rear portion the property for the retail use. >> okay. and you mentioned number 4 on the list of 13 but didn't give details on what they're not compiling with that's changing the scope of eir. >> term number 4 they must work deliberating and in gookt to complete the eir. >> so it's not the remainder to change the scope. >> to be fair too there's been progress made in the last year and part of the progress is no

additional properties have been acquired to our knowledge and to the eir so the city has issued comments i mean those comments were from the city not only that from the mta. >> yes. the city and mta together have issued several rounds of comments so what's going forward is that we will now complete the tiff we've got one more round of review and publish the draft then publish this existing sites technical memorandum and then after we'll bring before the final eir and present the whole overview of the entirety before the eir and

the existing sites memorandum. >> do you think enough has been made on the draft to be done by november and yes, we building we have one more draft to the eir to look at, 6 months is a normal timeline in the quality is there. >> and that's got a compton pell action to assess that but this issue of a hearing i don't understand where a we're scheduling what is it we're actually going inform hear. >> my understanding of sue hester's request first no action is needed by the commission to calendar that's part of the normal process once the draft eir is published within thirty

to 45 days a hearing from the commission to accept public comment so no separate action is needed to acquire that my understanding in reading ms. hearst comments she'll look at taking accountabilities action in june you'll outline a hearing date on december 4th to hear the draft eir if the draft eir is not published it will be used to calendar for disapproval. >> so your sense the june hearing will be a hearing like this to talk about the process and to schedule action and offer it will be an action item f this is a unique enforcement matter we're not faced with this to my

recollection there will be an update on the eir but the ability to calendar for december 4th a hearing that will either take public comment on the draft eir which is the standard process and not need an action but if this were not possible because the november 1st deadline was missed at that hearing instead you'll take up consideration of the applications to deny that's my understanding. >> thank you. i had a lot of similar questions commissioner hillis so i want to thank you, mr. sanchez and the eir team a lot of good work has been done. that's correct we don't need a hearing to schedule another hearing but need for an interim date but the hearing the environmental he team is still

working with the pier review consultants to come in more information will help to understand the interim update. we can questioned and put something on the calendar for december and either we make progress or not we can go forward >> commissioner antonini. >> certainly that will be normal procures as zoning administer sanchez said once the eir is finished it will be scheduled automatically sometime in december or the ear it calendar date and if the academy can't complete it there will be a hearing to disapprove absent an eir we can't approve items or maybe informational at this

point goodwin the action at that point in time at that time, we don't need another hearing to do this the process is in place and the academy hopefully is hearing what they need to do and staff knows what we should have to do and get the thing finished because it's frustrating because none of the items that were brought up by commissioner hillis some of the items everybody agrees they can't sgo go through the process because at the eir is not finished that makes sense and it may not hurt if we have something in september just as an update still on target for november 1st and make it a better idea of where we're going after the first of november but we wouldn't be hearing anything new

so on the traffic study nothing in june you wouldn't tells the anything new i'm fine with waiting until december and claurnd something as the other commissioners feel that way for the consideration of the environmental impact report. >> commissioner sugaya. >> yes. the academy has had hair marching orders since 2010 it's now 2014. so beyond the scope we're sitting gifting the academy another year to finish the eir. november 1st comes around and mr. sanchez has said if they don't meet the deadline the penalties will accrues as of the second that stand and will not

be resend >> so as part of the process part of the release of stay the appeal periods for the violations and penalty will run and their ability to appeal that with the determination in there about the november 2nd date the time is now. >> and do the penalties start to accrues between the time they started to delay or descending second. >> so they've been in violation since 2006 or 7 or 8 when they bought the properties and no penalties assessed for the entire years only starting on november 2nd so they're getting away with murder again so i don't understand what the issue is with commissioners who can't say we're going to schedule a

hearing to have a discussion about what the hearing in the latter part of the year one we've been looking at the draft and have environmental report and put the academy on notice and the public that the commission series about having a hearing on that date anticipating that the draft eir will be completed. second thing with respect to a discussion item we should be talking about whether or not the conditional uses up for disapproval i have a question about that ms. stacey if the commission let's say goes ahead we know do it in june and say we want to bring forgot the conditional uses i don't understand how it comes before

us for disapproval if it does he assume there's a standard recommendation for disapproval i don't understand how the process works if you bring before you >> at this time, the environmental review is not complete the only recommendation the department what do is continue until the eir is complete or deny the application and so this is where the specific property in the commission is - the majority attending toward approval at some point we'll have to continue it; right? if the majority feels it can be denied we can take action at that time. >> correct. >> the cus that can't come before us until the eir is

complete. >> so the november deadline is going us where respect to the cus because there's a 45 day comment period and a response to comments anothers 3 to 6 months and a final certification hearing off about a year from that. >> that's what we anticipate at the certification will be in the spring or summer of next year 2015 and you've be able to approve it. >> or disapprove. >> so i'm going to make a motion we have a hearing in june to consider holding a hearing on the academy arts issue sometime in december. >> that's fine but we don't need to have a hearing to schedule e9s hearing but in december. >> what happens is it will not

happen the academy will continue to delay we've been put off forever that's the reason i want to have a date specific discussed anyway in june. >> i understand we can still put it on if we don't take that action but - >> i want to ask the zoning administer or director ram is under such a thing a as a date calendar date the date what be floild i think i hear commissioner sugaya asking in the commission were to set a hearing date would - what would be the process then. >> one - >> if it were to the moved or something. >> if the draft eir is published 20 or thirty days ahead of schedule we'll have to

have the hearing date earlier it's a fixed in the thirty day window keyed off of the accomplishing of the eir so some flexibility to know if one week late, you know, it's not the fault of the academy of art we'll want to accommodate that in the schedule as well. >> commissioner moore. >> i'm not encouraging anybody to wash their laundry and asking for a meeting is also an opportunity for those commissioners who didn't par take in the exhausting long cases disappointing avenues we tried to hear and just have a it briefly replace in order for you to see there's two many time certain action specific promises

that are broken over and over and over and over again commissioner moore is snoed who've he tried to be fair and good players and we're not a police department or an enforcement department but to uphold what applies to everyone. what applies to everybody else including providing timing and complete irs to a department a that's shown a lot of less than unions particularly when it comes to the new transportation background study i think we need to a stand strong and have a meeting that's manifesting we're serious and stand with the three of us or the 4 of us extending

hours on this matter >> commissioner borden. >> i've been here since 2002 i think we've been through the process and there's been problems and times when the academy is moving he slowly but we've set a process in place and the zoning administer has set a deadline we know what that is and we can rightfully look at the individual projects and not lump everything to together we have a process and you don't think i don't see any harm until waiting until that occurs and having the meeting and prescribed time probably december figured out it depends on if it comes earlier or later and following through with the

process and begin when everything is eir is final we can begin with the process. it's unfortunate it had to come to this were it not for the insistence of the city each one of the standards would be completed but we've asked it be a complete eir including a traffic study this is manage that takes a lot of time and we're asking them to comply and if they client we don't have to spend time on another meeting to schedule the meeting we don't know what the meeting is going to be and director ram >> it's clear the commission

tomatoes have a hearing before the eir is released my recommendation is to have the hearing 3 media from now, when we know about the status of the eir we'll know better in july or perhaps august how certain that date is if we're ahead of or behind schedule i recommend you do it then then be specific what is complarnd for that item besides this draft eir. number 2 i think it's important the eir is looking at all properties and looking at growth of the academy. and it's true it because of state case law we can't look at the existing uses. but we are in chelsea says we

looked at the existing facilities and the growth you'll have the impacts felt existing facilities along with the eir that looked at the growth of the institution and it's true many of the existing facilities would have been done without a full blown eir so we're now looking at 40 properties that constitutes doing a higher environmental review had we not had to do if they complied along the way >> commissioner sugaya yes, thank you director. in response to commissioner antonini's discussion we wouldn't be in this mess in the aa u submitted a conditional use application at the time they

purchased the property or contemplated purposing it then we wouldn't have the aa u spread out and he environmental may not have been required i don't know that for a fact but that's the reasonable way to approach this whole thing instead of hiding behind whatever they did and illegal - a lot of those units for the members of the public they didn't go to the building department to get the building permits with the change of the use. in any case i'm willing to entertain a different time by want a hearing perhaps an update with specifically what's going on with the environmental report and we can consider then with a little bit more time here i am

saying that again, the progress made or not made and set a hearing date at that time. just one last question to environmentalist who is handing the transportation study >> it's been atkins as well. >> in house. >> in house i mentioned before c h s worked open it and coming back on board. >> thank you commissioner hillis. >> i think along those lines with i mean director ram i think there's two things we can do call the hearings we've clearly done that but the two things that actually are hammers and can cause things to happen is fines those are will begin november 1st if progress is not

made and the other wound one is to schedule the cu hearing while we can approve them if the eir is not done then deny them; right? so having that as an informational item closer to the time we know whether or not they're going to leap the december deadline but i don't know about the use some on had a street seems to be not huge deals i won't so to speak speak for the commission but glow the cus and say no one is doing anything and get to the meat of the issues i like the idea as we get close who the eir and the time to be published yes, it is or not going to be published

instead of having a hearing in a month we don't know if it's going to the published in 0 november. >> commissioner moore. >> you mentioned the academy sent a letter to us i did not receive any letter and talked to acknowledge people who didn't so we didn't get a letter. >> i received an e-mail letter and dpoo don't know if it reached the rest of the commission. >> commissioner sugaya. >> i don't know if we have the votes but following the idea we delay it past gin do you think what's our impression of the timing of a hearing in which we can consider a date specific off later in the year would it be

pushed to july, august or november. >> as director ram mentioned july or august i think august, you know, as you get a draft and have a chance to look at it you know the likelihood of it being done and submitted to the department i think you get closer to the publication date you'll know whether or not it's going to happen i recommend august or september. as director mentioned >> okay i'd be comfortable considering it after our break. >> do you have the date of the first meeting after the beak. >> i do your break are the last two weeks no august the first hearing in september is

september 4th and i will remind the commissions there's a motion to second it in june. >> excuse me. dr. espanola jackson now i know we can't precede with those hearings with input from the audience amen (laughter). >> so september 4th is your are first hearing after the break. >> then december you figure out. >> i'll be supportive it's an informational hearing my understanding we'll talk about the progress of the eir and familiarize the commissioners and public with the various properties involved what the violations maybe and allow everyone to comment on they're feeling of the different situations kind of an

educational presentation is that what staff has in mind. >> no, that's not my motion we'll have a public hearing at which we'll consider a date certain for hearing the admiring or other matters relating to continual uses. >> that is what's seconded. >> this is what actions are to be calendar. >> whatever the hearing is. >> yeah. that's probably okay. we're looking at what we're calendaring for december so we'll know then about the eir but twho too much specifically other than calendaring is not what i want to do.

>> commissioners there's a motion and second to schedule a hearing on september 4th regarding aa u eir update at which time what items will be calendar on that motion. >> commissioner borden. >> commissioner hillis. commissioner moore arrest commissioner sugaya. commissioner fong >> commissioner president wu. >> so moved, commissioners, that motion passes amazing 7 to zero. commissioners you have another item mr. your department matters the 2013 housing inventory report >> commissioners i'd like to introduce you to audrey she's been with the department for about a year and calm down of cal poly i didn't with

engineering degrees and worked that the san lose obtaining focusing on the transportation planning she's had a criteria in her life and a taste for analysis and doing work on transportation issues as well welcome audry. >> welcome. >> welcome. >> thank you director ram for introducing me. good afternoon commissioner president wu a