would they still have to follow the ncd regulations or would this now fall under the cottage industry and they're allowed to sell their products as such? he >> i believe they're still required to follow the ncd regulations but i can confirm and check for you. >> thank you. >> commissioner o'brien. >> so, if i understand, you're talking about making this ordinance effective city-wide? >> cottage food ordinance is effective city-wide, correct. an accessory use provision would be made across all zoning categories. accessory use requirements would be across all zoning categories. >> so, i'm trying to understand exactly what would the planning department do. i mean, so, they don't have to get an approval from the planning department. if it's an approved activity city-wide, do they? they don't have to check that it's zoned for this or anything like that because it's approved city-wide already. >> there is still a referral at the staff level to make sure that the proposed activity matches what the planning code describes. so, for example, if someone proposed -- had a diagram or drawing and t

exception to adopt or take other actions regarding proposed findings of facts in case number kmo c 10-032/ncd 154-09 inspector frank s lee action. >> thank you, before we move to this matter, there's a question for commissioner terman [inaudible]. >> can we -- if we have calendared a matter in closed session, can we move it to an open session? are we free to do that? >> it's an agenda problem, notice to the public. >> just the other way around, we can't go the other way. >> that's what we're asking. >> commissioners, it's optional. it talks about agenda item four and five on whether to hold this in closed session so that part of the notice to the public and as a matter of course, personnel matters are calendared in closed session because of the presumption of confidentiality that the officer involved always has the /opg of waving that confidentiality, that's the officers choice so they have a right under law to have it in open session. in this case you may go ahead and have the hearing on the proposed findings in open session. the commission would still have the option, if it chooses to do it