these to novo hearings will cure a lot of the minor here it -- all of the minor issues, whether the testimony went to 3:00 a.m., whether or not a child care center was or was not completed and the analysis. this hearing will correct all those issues that have been raised. the appellate has really raised two issues about why this board should deny the application that the planning commission has approved. first, it is not code comply because it is within 1,000 feet of a child care center and they are considering that as a use that is one of the prohibited uses under the planning code. i have provided an analysis in our brief about each of the locations that they have referenced and how they are not subject to these limitations. getting into the requirements of section 790.5a, that is the section that we are looking at. it reference a code section that does not exist. if you look at article 8, which is similar to article 7, as the correct reference, and that is 890.50a. in looking at that, it does not include child care. it child care is separate item. that is not included and the list of prohi