appeared before this board and i've discussed this in the past with the city attorney's office, elaine warren, there's always been a stay of board of appeals proceedings if there is a pending c-e-q-a appeal. the c-e-q-a appeal in this case has been stated to be timely. we have a hearing date of april 6. although i've heard from the counsel for the applicant that they would like that to be continued, they are going to request a continuance because of their availability which we will not oppose. so, in the past there's always been a stay. so, in this casey knew we were filing an appeal. and when it came time to file our brief, i did not do that. i called as a courtesy to staff to let them know the reason i depth file was that i knew we were going to be going to the board of supervisors and this matter would be stayed. ~ didn't i then learned that there had been one situation a year ago where that, in fact, had not occurred that an appeal to the board of supervisors that was filed one day before the hearing before this board was held not to be a reason to hold up the hearing. and that did not ha

so, there is -- >> elaine warren, city attorney's office. on the way this ordinance is written, if a project is subject to dr and a hearing is requested in front of the planning commission, the approval the project by the planning commission after such a dr hearing is what would trigger the appeal period for filing an appeal -- >> i get with this legislation. i'm asking the current rules we follow. >> under current procedure from the first approval, which we have -- our office ha advised, if it's a dr project, it's the dr approval by the planning commission. ~ has until the project is finally approved and there are no further administrative actionses associated with that project. so, for a dr project, that typically would be once either the appeal period where a building permit has run, [speaker not understood], or if an appeal is filed with a building permit, it would be after the opportunity for a rehearing, after a hearing in front of the board of appeals has expired. or they have taken it up on rehearing and they have finally decided tha