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Chair Blank inquired if he understood correctly that if someone does something in his property that causes injury to someone else and there is nothing in the Code that prohibits that action, there is nothing the City can do about it. Ms. Harryman replied that it would depend on what was being done. She explained that, as an example, if a person had a use permit for a business and he or she was doing something that was injuring a neighbor and was in violation of that use permit, the City can enforce the Code. She added that the City could make wood burning in the backyard prohibited. Chair Blank noted that if the City Code prohibits hazardous materials emanating from one property that is injurious to another, and outside smoke wafting from one property to the other could be considered hazardous, then the City should be able to enforce the Code. He added that smoke which would require a neighbor to get medical attention could be considered hazardous. Ms. Harryman replied that she did not see in the Code any specification of smoke as a hazardous material. She added that hazardous materials are addressed by the Fire Department and that the Fire Code would have a list of these materials. Commissioner Pearce noted that the Code includes a discussion of areas where cigarette smoking is prohibited smoking such as around playgrounds. She inquired if this would be something that could be discussed as air pollutant sources. Ms. Stern replied that the General Plan considers air pollution in generally and that she was not certain if this could be included in the General Plan as it is more of ahealth-related issue rather than development-related. She noted that if there were a Public Health Element, it might be included there rather than under air quality. Ms. Harryman noted that the City has a comprehensive smoking ordinance. Commissioner Pearce inquired if it would require an entire neighborhood to call in complaints for BAAQMD to consider something like wood smoke to be a widespread, public nuisance. Ms. Harryman replied that she did not know how BAAQMD operated and how it specifically handled complaints. Chair Blank noted that the discussion was drifting from the General Plan and suggested that this be agendized for a future meeting. Ms. Harryman noted that it appears all the Commissioners are interested in this topic. Commissioner Olson confirmed this is a matter of concern to the Commission. Ms. Harryman read from a BAAQMD document the list of exemptions from its open burning regulations exemptions, including fire-setting for cooking for food for human beings and fire-setting for recreation purposes using charcoal and a small amount of fire starter. PLANNING COMMISSION MINUTES, February 20, 2008 Page 8 of 18