Loading...
HomeMy WebLinkAbout1960-04-26; Planning Commission; Minutesc m 4 1 MINUTES OF . aGULAR MEETING OF CARLSBAD CITY ANNIE COWISSION u April 26, 1960 2- Minutes of.Apri1 12, 1960, Coami~sioner Ward moved, seconded by Conmissioner Jarvie, that the minutes of April 12, 1960, be approved a8 submitted. All ayes, Ation carried. 3- Written Conmunicationts (a) The Secretary read a letter dated April 21, 1960, fram Dr. Willis H. Miller, Director of Planning, San Diego County Planning Department, stating that on Monday, May 2, at 1O:OO a.m. the Board of Supervisors would hold a public hearing on a proposed amendment to the County Subdivision Ordinance which would regulate “lot splitsr8 a divisions of land into less than five par- cels, whi.& are now uncontrolled. The Secretary stated that he had been at the County Planning Department and talked to Dr. Miller on this subject. He had tried to obtain a sample copy of the ordinance for the Comnis~ion~s perusal, but there were no extra copies available. He had read the copy of the ordinance which the County Planning Department had in their office, and feels that it is a good ordinance. However, his examination of it was quite hasty and he did not feel justified in recom- mending any action by the Commission based on his personal opinion and on what he had gained from his brief reading of the ordinance, He did feel . . that this matter was of sufficient importance to merit the attention of the Commission by authorizing a camnittee to attend the hearing. The Chairman stated that the matter of selectfng a committee to attend the hearing would be taken up under new business, later in the meeting. 4,- Oral Communications: There were no oral camnunications. SO The Secretary stated that the hearing on the requeat for a variance by Mr. K. E. Ebright which had orfginally been scheduled for this meeting, would not be held at this time, due to the fact that it was neceelrary to re-advertise it. It was now scheduled for a public hearing on May 10, 1960. 6- - HEARING - RECLA!5SIFZCATLON - Reaueet for &@*a of 2- fram R-1 nod R-P- of certain vroDert- of n bmnlwaPrl. street running north and south between Tamarack , and Chestnut, the centerline of said street bein$ * Easterly of the Easterly A.T. 1L S.F. Raiw right-of-way; and of certain varcklvinu of said. proposed street from R - R 0 P to said reauests beinn am- bv D. R. D9nJ.w gnd by the Carlsbad Cicv P- its Resolution of Intent-. - - Notice of hear g on both Mr. Dinius' s applicaL..m and the Commission! s Resolution of Intention No. 15 were read by the Secretary. The Secretary certified as to the publication of notices of hearing and the mailing of notices to property owners within a 300' radius on both Mr. Mnius's application and the Commission's Resolution of Intention No, 15. The Secretary then read the application submitted by Mr D. R. Dinius setting forth the reasons for requesting the reclassification. The Planning Commiseion'e Resolution of Intention No. 15 was then read by the Secretary with the exception of tho legal description of the properties involved. The Secretary pointed out that the legal description of the parcels involved in this Resolution of Intention was very lengthy and went into meets and bounds descriptions. The Chairman asked if there was anyone present who wished the legal dewription to be read in its entirety, and no one present so desired. (Commissioner Netka was present at 7:45 p.m.) Chairman Stringer stated that this ground is ideally situated for industrial use, since it has water, sewer and electrical power running to it, and that the City needs the property for tho start of some industry. He stated that this was not the answer to large industry, but that we do not have places for auto body shops, fbr example, which is a little heavier type of business than we have in the commercial areas on State Street, He said that people sit and groan about their taxes going up and still do nothing in the way of bringing industry into town; if we want a'bedtoomtown", that is another problem. He further stated that such action would not devaluate anyone's property, and that the Commission was seeking the opinion of the people and wanted reasons supporting these opinions. The Secretary then read a letter addressed to the Planning Commission pro- testing the proposals contained in the reclassification request of D. R. Dinius and urging that the request be denied, The letter stated that the undersigned property owners were opposed both to the extension of Tyler Street and to any reclaseifications to Zone M in the area. They did, however, favor the reclassification of certain parcels in the area to R-3. They felt that allow- ing low -class light manufacturing establishments to come into what is properly a good-class residential district would be disruptive of property values and retard the proper development of the City. This letter of protest was endorsed by approximately 30 signatures. NIR. BILL TORRES, rcpreuenting the Carlsbad Union School District, 801 Pine, submitted a letter regarding the proposed change, signed by Dr. J. S, Jacobs, Secretary, Board of Trustees , Carlsbad Uaion School District. The letter stated that the Board had studied the contemplated chan ee and that there were 2 points on which they concur with the proposals: fl) the proposed road should run through the area and connect Chestnut and Tamarack; (2) there should be a buffer zone of R-3 dwellings between the school grounds and the industrial zone., If and when such multiple-family dwellings develop, the Board would have no objection to the industrial zone on the west side of the proposed street. MR. RICHARD COE, 522 Tamarack, registered hie protest to the re- classification. MR. JACK HUGHES, 290 Redwood, stated that he had not had an opportunity to sign the letter of protest against the reciaesification to M zone, and wished to do so at this time,. His investment on Redwood Avenue amounts to $30,000 and he does not feel that the area should be rezoned to an industrial I - zone. The sc ,ol feels there should be a buffe. zone between them and the industrial area, and he believes that there is an equally important need for a buffer zone between their residential property and the industrial area. He feels that the proposed industrial area south of Carlsbad is the place for industry to come in, since if the rezoning becomes effective, any type of industry could go in, not just an auto body shop. Chariman Stringer stated that he would like the people to think of what is included in an M Zone; if there is anything permitted in this sone which is detrimental to the City of Carlsbad, then the citizens should come forward and, after holding the neceeaary hearings on it, any detrimental uses can be deleted from the Ordinance. MR. JACK HUGHES said he and his neighbors do not believe that this is the place for an industrial area, but that south of the City is the proper place, CMrman Stringer directed .a. qirestioa to M,r'Z Hughes; sktihg.thatbls: erty was approximately 600 or 700 feet west of the proposed M Zone, with a 200' railroad right-of-way between them to serve as a buffer zone, and asked Mr. Hughes if this was not a sufficient buffer zone. MR. JACK HUGHES said that this is not a large enough buffer zone. He does not want any industry in the area at all. MR. ARCHIE KOYL, 834 No. Pickering, Whittier, stated that he wished to challenge Chairman Stringer'zs vote, as he had expressed his feelings to the City Council before Mr. Dinius filed the application for the change. Chairman Stringer asked Mr. Koyl on what basis he was challenging his vote. RllR. ARCHIE KOYL gave as the basis the fact that Chairman Stringer had spoken for the reclassification before the application was in, thus indicating he did not have an open mind on the matter. Chairman Stringer stated that Mr. Koyl had taken him around the City and had tried to persuade him to agree to a trailer park on his property and that he told Mr. Koyl that this property was the most logical place for a small-scale industrial arear Chairman Stringer further stated that he had done a great deal of foot-work in this town and had opposed nothing worth- while; then Mr. Koyl had come to him and wanted him to work for him to get a trailer park in the area. MR. ARCHIE KOYL said that he had asked Mr. Stringer about the trailer park and then had dropped the matter . Mr . Koyl also said that Mr Stringer had asked him to place an advertisement in a publication advertising Carls- bad's industrial potential, but he had refused. MR. JACK HUGHES stated that there was no one present at the meeting who is against industry or the opening of landlocked acreage, but that the industrial area should be put where it belongs. MR. P. A. CLOUD, 271 Redwood, asked why they would want to put a maw- facturing district in a residential area. This would be just like putting a dump Qn your porch. He had moved here because he thought it was a nice residential town. There are plenty of other places to put industry, although it may cost a little more. He saidthat there are not enough sewage capacities to care for the residential area much less an industrial development. - Chairman Strrlrger stated that this was a different phase. MR. JACK R. SOWELL, 3904 Jefferson, asked if there were any engineers present who could answer how many gallons of sewage is involved for just one person in an industrial plant. Commissioner Netka said he did not feel this was pertinent to the question at hand. MR. JACK Re SOWELL quoted some figures on the amount of sewage per man involved in an industrial plant. He also stated that he had heard that a rubber plant was going to be established on this property if the zone Change became effective, and that in the prevailing winds, the smell Of a rubber plant was very obnoxious. MR. D. A. MAC LEOD, 3725 Jefferson, registered his protest to the re- zoning to M zone. He had his choice of any place in California to settle and had chosen Carlsbad because it was a little community with no industry. He felt that industry should be kept south of the City. He also stated that he ,' does not believe there is such a thing as a "buffer zone", that people have to live in these areas and who is going to want to live across from a rubber plant? He stated he has a swimming pool and believes that industry would create a lot of dust coming onto his property. He further said that he does not believe an industry should be installed in an area simply because there is a railroad running through it. MR. DON A. .HOMAN, 350 Redwood, registered his protest to any M zoning. MR. F. C. RICE, 270 Redwood, registered his protest also, and inquired if there was an application for a rubber plant. Chairman Stringer stated that a rubber plant could not go in an M zone. It would take a tire retreading plant, but not a processing plant. MR. JACK HUGHES asked of the Commission if any of its members lived in this area? Commissioner Jarvie stated that he felt this Commission worked for the $ood of the people of the City of Carlsbad. MR. P. A. CLOUD stated he had settled here because he liked the area. Oceanside put their industry over the hill where the wind of the ocean would not blow fumes into residential areas. He feels that surely we can get together and keep the people wanting to come to Carlsbad for residential - purposes more than anything else. He said he felt we could get along with- out the railroad, if they would move it then we would really have a good place in which to live. Chairman Stringer asked those who were protesting the change if they would favor a place where auto agencies and tire repair shops could operate. He, personally, did not see anything wrong with automobile agencies. He stated that the only place you can operate such establishments is north of the Bauer Lumber Company. NIR, P. A. CLOUD said that he had been informed that a rubber plant was going in the area, and that he believed Carlsbad was a residential town, not a manufacturing town. -4 - Chairman Stl--,ger stated that this area in question was not large enough for great amount of industry. He pointed out that an asphalt plant was going in the area East of town, but that some types of indusk cannot go into a canyon area and swampy type of grounds, and that he was/re 4 erring to a rubber plant. He said that there had been many inquiriesfrom industries wishing to establish plants in Carlsbad during the past few years, such as an optical grinding plant which had a contract with the Armed Services. This plant would not have employed many men but their equipment had a high tax value. Also, there have been inquiries from some electronic operations plants which would have employed female labor. Chairman Stringer continued, stating that this whole north end of the County has much unskilled female labor, and that it would be a. good thing if we could put this to work to bring revenue into the City. MR. P. A. CLOUD directed a question to Chairman Stringer, asking if he felt this area should be zoned industrial simply because the railroad ran in the area. Chairman Stringer stated that this was not necessarily the reason. He pointed out that upon checking with the loan companies, it would be found that it is difficult to obtain a good loan for anything in this area. MR. P. A. CLOUD stated that some of the people have built clear down to the railroad. Chairman Stringer stated that those who lived on the west side of the rail- road were much better off than those on the east side. He had refused to buy property on Chinquapin because of the railroad. MR. P. A. CLOUD said he thought the area should be reclassified to R-3 to provide for more rentals to bring more people into town. Chairman Stringer stated that he did not believe anyone in town would criticize him for saying what he was going to say, since he had always done a lot for children; but he did not believe we wanted a lot of cheap subdivisions which would mean a lot of children to increase the tax rates, until we had something here to balance our budget such as some industry. He stated that the zoning map would show that we already have ample R-3 zones but there is a scarcity of industrial zoning. NIR. JACK R. SOWELL directed a question to Chairman Stringer, asking him if he was not taking a definite and biased stand on this matter . Chairman Stringer stated that he was not. MR. JACX R, SOWELL, addressing the Chairman, said that those attending the hearing were the taxpayers of the City and that the Commission members were there to represent them, and asked who was on the other side? He asked who it was that was pushing this rezoning? Chairman Stringer stated we would continue to hold this hearing and see what the outcome was. The Commission felt that to help clarify some of the questions which those attending the hearing had raised as to the uses permitted in the M Zone, it would be wise to have these uses enumerated. Secretary Price at this time read Article 13, Section 1300 of the Zoning ordinance, listing the permitted uses. -5 - MR. D, A. lVL- LECD, asked the Commission .f any of the members had taken a good look at the industry on State Street, and asked if any of them would like to live near it and have to look at it. He said that he works in an industrial establishment and he does not want to have to live and look at it too. NIR..JACK R. SOWELL, referring to the uses permitted in M Zones as pro- vided in the Zoning Ordinance, asked who would want to live anywhere near a slaughter house or a tomato packing plant. He said that the paint will fall off houses in a 3-mile radius of a tomato packing plant from the acid, and he felt that those making the decisions should look around and really see what is going on. MR. P. A. CLOUD, asked the Chairman how many signatures would be necessary on a petition of protest to overrule the proposal. He feels that there should be some way to stop this reclassification. He said he could obtain the signatures of the whole town on a protest. Chairman Stringer said the Planning Commission is saddled with the responsi- bility of making this decision, and that it should be made on the basis of the best interests of the community. He referred the question of the number of signatures required to stop the reclassification to the Secretary. The Secretary stated that once proceedings are instituted by anyone author- ized to institute them, that unless the applicant withdraws his application, no amount of signatures can stop the proceedings. There is no one who can deny or grant the applications except the Planning Commission and the City Council. He further pointed out that the Commission and Council are obliged to conduct these hearings on valid applications and conduct them according to law; no one can deny an applicant's right to be heard, the applicant would have to withdraw his application to stop proceedings. MR. JACK HUGHES stated that this particular area has had many problems connected with it over a period of time and has been kicked around for quite a while, He felt it was now up to the Commission to make their recom- mendation, but that he wanted to add the following: That there are two sides to an argument .I offense and defense. He had taken the offense in this discussion and Chairman Stringer had taken the defense. He stated that he felt that Chairman Stringer should abstain from voting on this matter. NIR, ALBERT HORT , 1114 So. Ditmar , Oceanside, asked how many people who purchased articles in Oceanside would buy them in Oceanside if you could obtain them in Carlsbad. He said that if the City of Carlsbad had these articles to sell, people would buy them locally instead of in Oceanside. MR. JACK HUGHES asked what connection the purchase of any article in any City had with the rezoning of the property in question, Commissioner Netka stated that he thought what Mr. Hort was trying to convey was that there was not adequate zoning in Carlsbad for the expansion of industry, MR. D. R. DINIUS stated that he owned the bulk of the property in question. He said that this property is the largest undeveloped area between the ocean and the freeway and he believed that there was a great need to do something with it to develop it. He said he had investigated the possibility thoroughly of putting in residences in the area, but that being on the railroad track there was a problem of financing them " and also a problem of getting someone ” - to live in the -&,ea that close to the tracks. He said that the reclassification followed the pattern of present industrial zoning in the City of Carlsbad, of which he is not any prouder than anyone else. This would be an ertmiaotll of what is presently established. He said that as far as any intentions or desires or possibilities of establishing the types of businesses which those who were protesting were afraid of, such as slaughter houses, rubber plants, etc. , if they would be realistic and stop to think about this, they would see that the odds are almost non-existent regardless of the zoning. He stated that a permit would have to be obtained from the Planning Commission or the City Council before this type plant could be established. (Secretary“s note: Planing mills, poultry and rabbit slaughter and public utilities service yards or electrical receiving and/or transforming stations are permitted in the M Zone provided they are first reviewed and granted a conditional use permit,) Mr. Dinius continued, saying that he feltthis area should be used for the development of electronics assembly or soft-goods industries, the flagstone-type buildings with off-street parking and the like. He stated that he felt that in this case there was a great deal of personalities going into the consideration of the matter, which has no place here. He wants to develop this property for the best advantage to himself and to the City of Carlsbad, and he does not feel that personalities are the answer. Commissioner Netka stated that the point had been mentioned that no one wants to live neapindustry. He said that he lives in the shadow of Carlsbad’s largest industry - San Diego Gas & Electric Plant - without which our taxes would be twice what they are now. He wanted to bring out the fact that this had certainly not had the effect of Lowering the value of property in the area. NCR . D . R . DINIUS said that he had bought a home in West Covina , which has insisted on excluding industry and even fought to keep out commercial zones, and his taxes have increased tremendously over the past 5 years. He stated that unLess something is brought into Carlsbad, property taxes wili increase 3 and 4 times what they are today. We need something for a tax basis besides the people living here. Commissioner Netka stated that there had been study given to the designation’ of a large area south of Carlsbad for future annexation and future industrial development. He believes this is the proper place for industry, but there are many problems involved in getting sewerage, power and water to this area and this would be a problem for several years. MR. ARCHIE KOYL stated that Tyler Street has a lot of vacant land; why cou1dn”t this be used? Why would it be any more attractive down the street to industry than using what is now just being used for junk yards and the like? MR. D, R. DINIUS said that he had spent several months looking over that particular area and that there is little, if any, available property for sale. There are a lot of independent owners owning small parcels of land there who do not want it to be developed, and until they move out, there is nothing the City can do to develop it. However , in the area involved in this proposed reclassification, there are only two owners involved, and its development can be controlled. MR. JACK R. SOWELL stated that there is a lot of women labor available in this area because of the military organization, but that organizations are reluctant to hire servicemen*‘s wives because they are not very’perma- nent. He said that there are beautiful industrial areas in San Francisco, but that they have the money behind them to keep them decent. He did not -7 - feel that what .,e have in Carlsbad is a credit tc, the City. He also said that if we tax industries highly in order to Iower our taxes , they will not come here. There are other places who are practically giving industries the land tax free; they will not come here without some inducement. NIR. DONALD BRIGGS, JR. , speaking on behalf of Signal Aircraft Parts stated that he certainly felt that their establishment and Mr. Lebedeff's establishment were a credit to the City and that they certainly were not being taxed out of existence. MR. ARCHIE KOYL said he agreed that these two establishments were two of the nicest places in the City. However, he stated that at one time there were 33 men employed by Signal Aircraft Parts, only 3 of whom were living in Carls bad. MRS.LOIS FRY, 438 Tamarack, stated that she owns property at 416 and 468 Tamarack, both of which are involved in this issue. She said she had sold property to Mr. Dinius with the full knowledge that he wished to hold it for future development as "Zone property. She said she knew that there had been a lot of talk around town that she had been taken in on this deal, since she was a widow , but this was not true. She and her husband had sold this property , agreeing that they would rather have light manufacturing next to them than multiple-family dwellings with dozens of children. She said she had lived there when it was a rural area and had watched housing areas come into the area. Now she has kids by the dozens coming through her yard and climbing the fence to go to school. She definitely disagrees with anyone who says it is much better to have multiple-family dwellings near you than establishments such as Signal Aircraft Parts. She would much rather have- an fndustriai'xoae near 'he.r,.'axid shudders at the prospect of having an R-3 area across the street. She stated that she certainly could not see why the contingent from Redwood, across the railroad, feels that this would be so detrimental to their property when they have the train running right next to them regularly. She brought out that she did not see how this reclassification could do much more harm to her than being situated between the railroad tracks and Tamarack Ave., which is to be widened, will do. She feels that the proposed street between Chestnut and Tamarack would really be a big improvement in the City. She said she felt that there was actually only one person present who had a valid objection and that was Mr. Coe who would be directly across the street from the proposed industrial zone. MR. ARCHIE KOYL asked why it was that Mrs. FryS s Foperty was not included in the plan for reclassification when everyone else's property was included? MS. LOIS FRY said she was under the impression that her property was included, that the notice she received and the newspaper publication had described the area as going from Chestnut to Tamarack. The Secretary pointed out that these two streets had only been used as a general description of the area, but that the legal description would clarify this. Mrs. Fry *s property was not included in the rezoning plan. MR. ARCHIE KOYL asked why they did not make the plan clear through to Tamarack? Commissioner Netka stated that they had given a great deal of discussion and study as to whether or not they should include Mrs I Fry's property in the plan. He said that there was no reason why it could not be included. -8 - MR. D. A. M, d LEOD said that everyone kep. ,alking about what beautiful buildings Signal Aircraft and Lebedeff have, but that just down the street were Anderson & Robinson's yards, which they had to have for that type of business. He said that he has no financial interest in any of it but he just does not want to have to look at this type of thing from his home. And as far as children, he lives next door to a school and has 5 himself. They dont% bother him at all. MR. P. A. CLOUD stated that perhaps Mrs. Fry had forgotten that if we do not have the children, we do not need the industry. He said that he did not plan to remain here if we brought in industry and raised the taxes. MRS. LOIS FRY said that she has rental property and knows what it is to have it vacant a month or more at a time. She said that there are many many "For rent" signs out. It is very difficult to rent an apartment for any amount which makes it worthwhiIe to own a rental, and that we need some - thing to bring people into town to rent what is already available, not con- struct more rentals. MR. D. A. HOMAN, 350 Redwood, asked Mrs. Fry if she intended to be living in Carlsbad 5 years from now, and be here when the industry went in. MR. D. R. DINIUS stated that this was certainly a question of monetary returns, that we all know we are interested in making the most of what we have. There are approximately 22 acres of property invol ved and the cost of putting a street through would run from $60,000 to $80,000. He cannot see how the property owners can put out that much money to put the street through and then not have any way of getting their money back, since their property fronts right on the railroad tracks. NIR. RICHARD COE asked who was going to have to pay for the street? Chairman Stringer referred the question to the Secretary who stated that the cost would be spread on front footage basis, which is the usual method of spreading the assessment, however, this is not a law and it could possibly be done on another basis. MR. RICHARD COE asked if it was not true that those who would benefit from the street are those who would front on it. MR. D. R. DINIUS stated that the street would be handled under the 1911 Act and that those who front on the street are the ones who would pay for it. He said that he and Mr. Koyl would have double frontage on this street and that there are only two other property owners involved. Eommissioner Netka asked Mr. Koyl about the previous application which he filed for R -3 zoning. MR. KOYL stated that the Commission had turned this down. Commissioner Netka stated that it had been turned down on the basis that there was no plan for the entire area. MR. KOYL said that this plan split his property right in half and that it would not be suitable for R-3 zoning with a manufacturing area right across from it. " -9 - Cornrnissione, arvie stated that the Cornmiss. A had turned down Mr. Koyl's application before, not because it was not suitable for R-3 but because they wanted a plan to handle the whole area. The public hearing was closed at 9:05 P.M. A great deal of discussion was given this matter by the Commission snd they generally agreed that from a planning standpoint, disregarding the protests, this was a good plan. It would make the area along the railroad track an A4 Zone, which is not the most desirable property for residential purposes, and R-3 on the East side of the proposed street. It would give Mr. Koyl the R-3 zone he originally asked for along with-some M zone, and would give Mr. Dinius his M zone along with some R-3. The plan was a compromise plan. They had turned down previous applications for reclassification of the area on the basis that there was not a plan for the entire area, and now they had a plan. Commissioner Jarvie stated that he was well acquainted with a great deal of the Mexican population and that when industry had come in before, there was a large portion of the Mexican population who were unhappy about industry coming in and spoiling their homes. He 'did not feel that this was justified and he personally did not care whether or not industry ever came into Carlsbad if the property owners in the areas were going to be run-over in doing it. However, on this matter he does agree with the Commission that a workable plan has been presented. He said that he had learned from Mk. Vqhitnall, former planning consultant for the City, that the voice of the citizens of a town is a safety factor in making decisions and he would keep this in mind in voting on the issue. Commissioner Miller stated that it seemed that those who were protesting this reclassification felt that the members of the Planning Commission had an axe to grind, and he did not believe that this was true, but that they were trying to make a decision based on the best interests of Carlsbad. He feels that if Carlsbad is going to survive there will have to be some industry brought in, and that a place is needed that is easy to reach and develop. He felt that this area met all the requirements for an industrial area. The point was also discussed that those who were protesting this reclassi- fication actually lived far enough removed from the area to be rezoned not to be affected a great deal by it. Commissioner Milter also stated that he did not feel M zoning would be any more detrimental to these people than the railroad is. The commission agreed that they had a workable plan before them and this should be the plan to be used as a basis for their decision unless the two major property owners involved had somd other plan which they favored. NIR. KOYL asked the Commission that this hearing be continued and action delayed on the matter for one month to permit further investigation. Chairman Stringer stated that it could be delayed, as this is for the people's benefit, and he would even be willing to appoint a committee, deleting himself from it, or anything the people want. Mr. Jack R. Sowell asked if anyone had thought what would happen to Carlsbad's streets if an industry went in which used heavy trucks. Chairman Stringer stated that this had been discussed to the point that if the reclassification becomes effective, tbe City Council will be asked to pass an ordinance regulating such trucks. -10- It was moved J Commissioner Jarvie and sec .Lded by Commissioner Thomas that the hearing be continued until May 24th. The Secretary pointed out that Mr. Dinius should be consulted on this delay, since he did have an application before the Commission. IMk. Dinius stated that he had made many trips from Los Angeles on this matter and that unless someone had something constructive which would be accomplished by 30 days' delay, he felt the matter should be settled at this meeting . Mr. Koyl was asked by the Commission if he had another plan for the area? Mr. Koyl stated that he would bring in a plan which would be satisfactory to the people in the area, except those who wanted industrial zoning. He said he had an R-1 plan ready right now , After further discussion, the Chairman called for a roll call vote on the notion on the floor as to whether or not the hearing would be continued to May 24th. AYES: Chairman Stringer , Commissioners Zahler , Ward, Thomas and Jar vie. NOES: Commissioners Netka and Miller. ABSENT: None. The hearing will be continued on May 24, 1960. Chairman Stringer expressed his hope that Mr. Koyl, Mr. Dinius and Mrs. Fry, as the 3 property owners involved, would get together and work out some sort of plan. He also expressed his apologies that this hearing had become such a personal issue. A brief recess was called at 9:40, The meeting reconvened at 9:45. The Secretary stated that in view of the personal nature of some of the dis- cussions in this hearing, he would like to advise the Commission on the conduct of a public hearing. This information was for the benefit of the Commissioners and they should bear it in mind during public hearings for their own protection and to avoid the criticism of being previously committed. The secretary read the article which pointed out that the Presiding Officer in charge of a hearing occupies a position comparable to that of a Judge and that neither the Presiding Officer nor any member of the Commission should ever participate in the actual hearing other than to amplify some testimony. Neither should they ever indulge in any argument with a witness during a hearing. All discussions by the Commission should be confined to the period after the public hearing, and then should only be among themselves. Also, it is improper for a member of a Commission to engage in discussions with any party having an interest in any case to come before the Commission at any time other than the actual period during which the hearing is being conducted. That there have been cases where Commissioners who we-e unable to prevent being approached by parties of interest prior to a for-1 hearing have, because of than unofficial contact, openly disqualified themselves at the time of the hearing. -11- . .I _- 7- Old Business The Chairman inquired if the Secretary had received from the postoffice any complaints on house numbers. The Secretary stated that he bad not 8- New Business: The Chairman asked if any of the Commissioners could attend the hearing on Monday, May 2, at 1O:OO a.m., held by the Board of Supervisors of the San Diego County Planning Department, regarding the amendment to the County Subdivision Ordinance. Commissioners Thomas and Ward said they would attend, as would the Secretary, Mr. Price. 9- By proper motion the meeting was adjourned at 9:50 P. M. Respectfully, J. If, PRICE Secretary