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HomeMy WebLinkAboutFEBRUARY 28, 1995 .~ . . MINUTES Arcadia City Planning Commission Tuesday, February2B. 1995 7:15 P.M. in the Council Chambers Planning Commission proceedings are tape recorded and on file in. the office of the Community Development Division. The Planning Commission of the City of Arcadia met in regular session on Tuesday, February 28, 1995 at 7:15 p.m. in the Council Chambers of the Arcadia City Hall. 240 Wes1 Huntington Drive. with Chairman Bob Daggett presiding. PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: ABSENT: C,ommissioners Bell, Clark, Huang, Kalemkiarian, Kovacic, Murphy, Daggett None SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGEflIDA ITEMS Ms. Butler indicated'thata letter from Mr. and Mrs. Tores, in opposition'to TA 95'001 was received and has been distributed. TIME RESERVED FOR THOSE IN THE AUDIENCE WHb WiSH TO ADDRESS THE PLANNING COMMiSsioN ON NON.PUBLIC HEARING MATTERS . (FIVE MINUTES TIME LIMIT PER PERSON) .. .. Ben Serar, 400 San Luis Rey'Rd., asked if this would be the proper time to speak:about TA 95-001 and was informed by Chairman Daggett that there would be time at the public hearing to speak regarding that matter. MOTION I) was moved ,by Commissioner Kalemkiarian, seconded by Commissioner Clark to read all resolutions by title.only and waive reading the full body,of the resolution. The motion" passed by voice vote with none dissenting. 1 . MINUTES OF .1124195 & 218195 MOTION It was 'moved by Commissioner Clark, seconded by Commissioner Huang to approve the. Minutes of January 24, 1995 and February 8, 1995 as published. The motion passed byvoice vote with none dissenting. OTHERS ATTENDING: Council Member Barbara Kuhn City Attorney Michael Miller Community D~velopment Administrator; Donna Butler P,Ianning Services Manager, Corkran Nicholson Secretary, Silva Vergel . . .~ PUBLIC HEARINGS 2. PUBLIC HEARING CUP 94-004 412 N. Santa Anita Ave. Michael and Bridget Goldstein Consideration of a 3-month reevaluation as stipulated. by Planning Commission Resolution No. 1511 of Conditional Use Permit 94-004 which grants the operation of "Goldstein's bagel bakery and restaurant. The staff report was presented. .Staff indicated that the first few weeks of operation was considered as a grace/trial period. He explained that .the applicants were not prepared for the tumout they received and after meeting with them, they'ihcreased the number of employees at the drive-up window and there has not been any parking problems since then. Originally, they showed two parking spaces in the front area. Code requires an isle width of. 14' for parallel parking but they only had'11'. Due to the narrow width, staff felt thatparking should,notbepermitted in the front area. Other staff members have brought the problem of parking in the front area to his attention, especially puring the early moming hours, and it has been noted that customers do use this area to park, although it is not utilized on a. regular basis. Staff remarked that depending on tonight's discussion, he did not think there would be a need for another review by the Planning Commission; In response to questions by Mr. Miller,staff said if the Commission feels that parking should not be permitted at that location, then the applicant can be required to post "No Parkihg" signs in accordance with the Muncipal Code. . Commissioner Kovacic wondered what the'purpose of this area would be if no parking is allowed? Staff.felt this area would help,in mitigating the stacking of cars onto Santa Anita and to offer an altemative.for the customers to use it if they needed to exit. For example if there were several cars inthe drive through lane, a customer would be able to go through this area to park in the rear. Staff didnotthink that. parking should be, permitted there. .CommissionerClark.agreed with.staff'srecommendation and said it is almost impossible to get through there if there is a car parked againsfthe curb. He did.notthinkparking sh6ukfbe permitted in that area. The pubiic hearing was opened, No one spoke in favor of or in opposition to this'item. MOTION It was moved by Commissioner Kovacic, seconded by Commissioner Clark to close the public hearing. The motion passed by voice vote with none dissenting. Commissioner Kalemkiarian shared his two negative experiences. On one occasion, he was traveling southbound on Santa Anita, he. had to make a lefttum onto Colorado, (ight tum onto Rrstand another on the alley going west bound to get to the bakery. When he passed the building and was going to make a [eft tum ir]to the subject area, there were cars parked on both sides, and he realized he couldn't get through. Fortunately; there were no cars behind him and he was able to back out to the alley and tum into the parking lotal'lhe rear of the builcling. He felt he was in a pecarious position that anyone CQuld have gotten into and there could have been a potentially dangerous situation. On another occasion, while enjoying his bagel outside, a youngman was speeding up on Santa Anita going northbound. and instead of going into the driveway to go to the window, he flew across the intersection and north to the subject parking section. Again, this was a rather dangerous situation; especially, if a car was parked tnere. . He went on to say, that the present color of the curb blends in with the brick decor but he wanted to reserve the right to look at this sitution again, if necessary. Arcadia City Planning Commission 2/28/95 Page 2 . . '~ Staff'said'there is a sign indicating there is parking in the rear. Commissioner Kovacic did not feel that the red curb is enough and remarked that he knows people that park there, even with the red curb, He thought the alternatives would be signage or striping to make the area a "no parking" area. The area should be properly posted to inform the public not to park there. Staff noted that in discussing the red curb with the Police Dept., they indicated that they cannot enforce that without the proper posting because it is on private property; Stllff said the applicants are present and they realize the Commission's concems and will be able to properly police. the situation, Mr. Miller explained that if the Commission decided to add this condition then staff would 'Work with the owners and the Police Dept. to post the area with the appropriate signs. After the area has been posted then the Police can cite any violaters. Staff,explained that the red curb is not a condition of approval and was painted by the owner. In response toa question by Commissioner Bell, staff said the only other alternative would be to block off the area, Ms. Butler noted there is no way to turn into the. drive up window going southbound in the subject area. Commissioner Kovacic said this conversation indicates the confusion this area creates. He thought the purpose of this area was to give people access to the drive through from the alley. He never contempleteg that people would be going north through,the area. Staff .90ncurred w~h Ms. Butle~s comment regarding the degree of difficulty in tuming into the drive through from the subject area. It was noted that staff has oqserved individuals'that come off of Santa Anita and they decide not to go through the drive-up and use the front area to go through to either park in the front, utilize the alley or get to the parking at the rear of the building. Commissioner Kovacic asked if the Commission would be in fa\lonjf re,opening the public heaing to ask what the owners felt about the.altematives? MOTION It was moved by Commission.er Clark, seconded by Commissioner Kalemkiarian to re-open the public hearing. The motion passed by voice vote with none dissenting. Michael and Bridget Goldstein, 1975 Liliano Dr.. Sierra lJI11dre. Ms. Goldstein said they wou.ld not have any problems with prohibiting parking in the subject area. She suggested painting the curb with "No Parking". They'did not wantto block off the area. She indicated that she has not had any problems.with making a left tuminto the drive-through area from the subject area. They wanted to. keep ~ open as an access way. Chairman Daggett was'concemed with the curb cut on Santa Anita as you go northbound. It is too far north and wondered if it could be, widened to make it an easier tum? Ms. Goldstein indicated that she has not heard any complaints regarding that. MOTION It was moved by Commissioner Clark, seconded by Commissioner Kalemkiarian to close the public hearing. The motion passed by voice vote with none dissenting. Commissioner Kovacic remarked the only problem seems to be parking in the.front and how to handle that. He outlined the Commission's ,options, to add a "No Parking' sign; add 'No Parking' on the curb or to stripe the curb. He wondered if the Commission should indicate which option or should it be left to the Planning Division to solve it? Commissioner Clark felt thll.t the applicant, Planning Division and the Police Department should all work together to resolve this problem. Arcadia City Planning Commission 2/28/95 Page 3 . . " Staff said all of Commissioner Kovacic's suggestions would work. Based on past experience, staff feels the applicants are very accommodating and cooperative.and did not anticipate any problems with resolving the issue. MOTION It was moved by Commissioner Clark, seconded by Commissioner Huang that the applicant work with staff to'determlrie the appropriate action, whether It be the use of signage and/or surface striping, 'to prevent people from parking in the front driveway area, and that this requirement shall be part of the conditions of approval in CUP 94-004, ROLL CALL: AYES: NOES: Commissioners Bell, Clark,Huang, Kalemkiarian, Kovacic, Murphy, Daggett None 3. PUB.LIC HEARING TPM 95-001 (P.M. 24174) 758'FairviewAve. Eric Friedmah Consideration of a tentatlve;parcel map for a 3-unit residential condominium. The staff report was presented and the public hearing was,opened. Sean Evans, 2030 E. Alosta, Glendora, was representing the owner. In answer to Commissioner Bell's question, he did not know the exact number of trees ,that would be removed. Ms. Butler stated that a tree preservation plan would be required as part of the overall approval. No one else spoke in, favor or in opposltion:to this item. The public hearing was closed by voice vote with none dissenting. Comm,issloner Kovacic asked if a tree preservation plan should be added as a condition of, approval. Ms. Butler explained that removal of ' some of the trees was included in the modification approved by the City Council. MOTION It was moved by Commissioner Clark, seconded by Commissioner Huang to approve TPM 95-001 subject to the conditions in the staff report. ROLL CALL: AYES: NOES: Commissioners Bell, Clark, Huang, Kalemkiarian, Kovacic. Murphy, Daggett None Chairman Daggett,noted there,ls a ten day appeal period. Appeaisare to be filed by March 10th. Arcadia City Planning Commission 2/28/95 Page,4 . . ~ 4. PUBLIC HEARING TA 95-001 Los Angeles Turt Club. Inc. Consideration of a text amendment amending Section 9273.1.10.1 of the Arcadia Municipal Code to allow horse racing via satellite feed at night until no later than 1 :30 a.m.. with or'without pari-mutuel wagering. Currently the Municipal Code permits horse racing via satellite feed one night a week no later than 11:30p:m. The staff report was presented. Chairman Daggett explained to the audience the procedures for the public hearing. Mr, Miller supplemented the staff report and explained that the Commission's action is to convey its recommendation to the City Council. This is .nota permit nor an application for one. It is for new legislation'and if adopted, it can alwctYs be.amended, repealed or modified in the future. There is no vested right as a result of this legislation. Ms. Butler further explained that the City Council will hold another public hearing regarding .this mailer. The public hearing was opened. In Favor Cliff Goodrich, President and CEO of the Los Angeles Turt Club, 430 Vaquero Rd. Santa Anita Race Track (SART) does not have anyplans:to engage live night racing but other parks are racing at nightand they have to reniain competitive. Hollywood Park races on Friday nights throughout their spring meeting. and lastfall they raced during their fall meeting and. now Bay Meadows has chosen to race the same Friday nights as Hollywood Park'and at certain times of the.year Bay Meadows will run on Friday nights when Hollywood Park is closed. In addition because of HollywoodPark'scard club. where they are open 24 hours a 'day, seven days a week, they are, now imPorting races from Hong Kong which has a growing audience and a lot of locations are open for these races. Consequently. they have found themselves in a position ,that if'they are closed,they are alienating those people who would normally frequent SART. This pilot program started approximately 3 years ago and he was unaware of any complaints aboutthe night time activity because of its insignificance. He thought'the biggest complaint they have received was from the music from the Big Hoss Salon rather than from the racing itself. SART is.nqtaware of any crimes that could be attributed lo'their late hours. They do not" plan'to be open several nights a week but want the flexibility because they do not know what the other race tracks in the State are planning'as far as nighttime activity. He went on to say that in a four week month they would be open four nights a month andit'thisyvas approved. they plan to stay,opensix nights'a 1T10nth, In essence, this ~ould be granting them two additional nights a month. Wltl1 the limitation of one night a week. when Hollywood Park and Hong Kong run the same night, that would be'the only night that week they.would be open. But in Hong Kong .they run, on alternate Saturdays and Sundays and tM signal here would be either on Friday or Saturday night, so on alternate weeks Hollywood Park and Hong Kong would run on Friday but the following week Hollywood Park would run on Friday and Hong Kong on Saturday. At the present time they cannot be open both nights,subsequently someone. who would want to bet on the Hong Kong race has. to go to another facility. The City receives .003% of the handle for every wager made at SART which varies from$60.000-$BOO.000 a night, depending on the type of race. The City, also receives sales tax from the food and beverages sold on the grounds' while they are, open. He went on to say that this amendmen! is being requested with the broadest terms because they do not know what the future might hold. They do not plan to expand the night schedule. Their requestis to allow them to be open another weekend night so when Hollywood Park or Bay Meadows runs on a Friday and there is an international .race running on Saturday. they are able to stay open both evenings'and not have to explain to patrons why they are closed and to turn away the Iiusiness. Arcadia City Planning ColT1mission 2/28/95 Page.5 . . , In answer to questions from the Commission, Mr. Goodrich said that when they do not import signals from outside the Country, the 11:30 p.m. deadline is'acceptable but Hong Kong does not start until 9:30 p,m. (due to the time difference) and to run all eight races that would necessitate staying open until 1:30 p.m. He stated that the. amount of cars remaining at that time are minuscule and thought ,there would be approximately 250 people In attendance if they were .granted the 1 :30 a.m. time Iim~~ SART realizes that Arcadia is a "bedroom community" but SART has to remainsens~ive to the needs of their patrons as well as the residenis and stay' competitive atlhe same time. He was unaware of the problems with the night time signal, until he received the staff report which contained letters in opposition to this request. Alcoholic beverages will be served in the evening. He summarized the community meeting which was held on February 2nd, There were approximately 75 people in attendance. SART explained their proposal. Most did not say anything, a few were in favor and about 10 people were concerned and voiced their oppositions because they thought this would be an intrusion. I:le said they realize that what SART may want to do will never be unanimously accepted by the community as a whole. They area public company and have an obligation to their shareholders and especially with their plans for the future; i.e. entertainment center, they cannot afford to significantly affect the majority of the community ove(this kind of an issue. Based on the number in attendance, it appears that not many people are in opposition to their raquElstas compared to the City as a whole. In answer to questions from the Commission, Mr. Goodrich said that on nights when both Hollywood Pari< and Bay Meadows have races, they would probably earn about $750,000 and the City would receive .003%. When Bay Meadows has races ,they would probably generate $1.50,000. If this amendment was approved and they add Hong Kong races, they would average $60,000 a night. Of course the sales tax would be in add~lon to the above which averages to about $~ a person. He remari<ed that the proposed text amendment is a defensive measure and asked who can afford in this. day and time to tum away business? liT answer to Commissioner Murphis question, Mr. Goodrich said they Import signals from Hong Kong four times a month and they would be interested in staying open until 1 :30 a.m. on those nights and on the other nights the 11:30 p.m. limit would be sufficient. He was not sure whether Hong Kong had races all year and thought they had a brief break. in the summer. In response to a question by Commissioner Kovacic, Mr. Goodrich stated that the activities from the entertainment center would be in the evenings. Ferris .jar'Jis, 620 W. Huntington Dr.., #120, a resident in the Monterey Homeowners Association (HOA) and was in favor the request. He did not share the same opposition and opinion as his neighborS. He thoLight this is a good opportunity 'for the community to have access locally to observe international races. In addition, there is t/1e obvious economic benefits to the City. Asa publicly traded corporation, there seems to be a need for the track to survive. Ifthey are not allowed to develop their business, there is a very strong possibility that the corporation will be taken over by some other economic interest. Presently, the share holder ownership are fairly diffused. If the control of the stock falls into concentrated hands of, one'economic interest, there is a strong possibility that other things are going to happen to this race track. He indicated that he is a horse racing thoroughbred enthusiast, a resident and a neighbor and also a stock holder in the above mentioned corporatiolJ. In ODpositlon Irene Goddard, 620 W. Huntington Dr., spoke against the request. They moved to the City because Arcadia was a quiet, attractive and safe place to live. She said that when she thinks ofa community, she does not think of "community developmen!' and not 'business interest". She said the stockholders and not the residents would benefit from converting SART to a late night gambling club an~ other plans that they might have lingering in the back of their minds. What would happen if Moscow decides to have races and they want to import those signals? Will they then come and ask to remain open 24 hours a day? She did not like depending on the rest of the world for their peace and quiet. In response to comments made earlier regarding the low turn out at:this hearing, Ms. Goddard said only residents within.foOO' were notified and had the City notified more residents, thetum out would probably be much greater. Arcadia City Planning Commission 2/28/95 Page 6 . . '. She went on to say that she did not think that the peopl.e who attend races at that time of the night would be horse racing enthusiast This is business interest vs. the interest of the residents. She said this type of an environment attracts ~ore,than horse lovers. It would attract unsavory ~Iements, drug dealers and, in general, crlmmals. She asked If there has been a study done to see the correlation of the rise in crime in areas where similar businesses were introduced? She cned an incident at ihe mall one Friday evening in 1991, after Thanksgiving, she thought after SAAT was allowed to stay open late in the evenings, Her husband..a niece visiting from Europe and she were at the mall parkihg lot and were attacked by three men, her purse was stolen, her niece was held at gun point and.they would have killed her if the.gun had not jammed. She does not feel safe shopping in the evenings at the mall across the street from her house. She did.not think she could function normally in her community and shewas resentful and felt as residents and homeowners in the City, they should have,a say in the matter. Commissioner Kovacic asked n that incident was on a night when there was night racing and said that is a big issue if that sort of an activity is ona racing night Ms. God,dard did not know whether the ihcident she cited above was on a racing night Based on the conversation, it appears thallheabove.incident )/lias not on a racing night Mrs. P.J, Marsden, 310 FairviewAve., said Arcadia is a City of homes. It has come to their attention through a report in the Wall Street Joumalthat Santa Anita has hired a new director from Ceaser's World. They realize the financial problems that,SAAT is having but are deeply concemedwith the, direction of the efforts io correct the problems. The original board members and owners are retiring and what guarantees the residents that the proposed project will improve the "City of Homes". How can the Commission consider that gambling, in any way, clln be an enhancement to the City? Only a relatively few homeowners received notice of tonight's hearing and since this' proposal will have a major impact on the City, why are the residents not allowedOto voice their concerns? Robert Ellison, 620 W. Huntington Dr., spoke in opposition to the request. SAAT mustreaJize that this a residential area to. the homeowners who live here. There has to be a compromise. The residents have been understanding of SARTs financial needs bui SART must besensnive to their needs as well. I;le!did not want additional activity and while he realizes their income has declined, he did not move to Arcadia for the benefitof SART but because it is a beautiful community and. they enjoy living in this sedate. area. Their request was unacceptable to him. He went ofl to say that he did not appreciate the suttl!l threats bySAAT that if they c!lnnot make it here. someone else mig~t come in and who knowswhat might happe.n. He thought that is an unacceptable way to trY to convince the residents and persuade them to,be in favor of their plans. He was confident ihat n SART was to move, the City would step in and protect the rights of the City's residents over any commercial entity. Commis~ion.er 'Kovacic remarked that the. movie theater at the mall is open late at night He asked if SART would attract a different clientele? If not what would be the difference in having.a late.nightactivity at the track vs. the mall? Mr. Ellison feltthaf1 :30 a.m. is different from midhight Commissioner Kovacic said that based on Mr. Ellison's comment, if they reduced the hours would he be in favor of ~?' Mr. Ellison responded that although it would not be truly acceptable, he realizes that there has to be a compromise made .and any activity after mianight is unacceptable. Shirley Klein, 801 Kingsley Dr" felt it is deplorable that the City would even consider this request She did not want gambling taking place so close to her home and asked how the Commission would feel if they were raising their children or had an elderly relative living so close to that type of'a snuation, subject to night time activity so late in the ellening? Gradually the racing season has gotten longer and longer. In her neighborhood, people take evening strolls and jog but now th~y would not feel safe, She did not want gambling in Arcadi<!. The people that would be betting <!nd participating in satellite wagering ~re not the type of people they want in their neighborhood on a regular basis and would need to support their gambling one way or another. The City must be concerned for its. citizens and not continually appeasing SART. Soon after Arcadia City Planning Commission 2/28/95 Page 7 . . ... nighttime racing was permitted, the residents in her neighborhood petitioned the City to install lighting. They have a right to feel safe. Frank Goddard, 620 W. Huntington, wasagainstthe request. He asked how much money does the City receive from SART? If this requeslis approved, how many nights a year will there be satellite racing? Chairman Daggett asked Mr. Goodrich to respond to Mr. Goddard's questions. Mr. Goodrich responded that ,all taxes generated by SART is approximately $4 million a year and the race track portion is approximately half. They would like to be open two nights a week when necessary. During a typical fourweek month, the maximum amount of additional days per year would be 24 Saturday nights but he did not think Hong Kong races year around, so it probably would be 20 additional nights a year. The only night they would want to stay open late would be Friday and Saturday nights. Mr. Goddard opposed this proposition because there, will be more traffic, noise and disturbance .until 2:00 a,m. which has previously not been the case on any' night. This operation will attract undesirables to the City until 2:00 a.m. for the number of nights a week that it will occur. He believed that a large portion of the people who attend race tracks and work them are undesirable people. In general, this operation will attract and increase criminal activity and behavior to ttie City, decrease property values and the tax base. Approving this proposal will only help SART to request more ata later date. This would open and pave the waito the degradation of the City. . He said 'I am we the people. Every citizen in Arcadia is We the P,eople. The City Council is MY Council. I elected it to the office, It is responsible to. ME for how it handles MY City, Therefore, itis responsible for the improvement or the degradation of MY City, their City. Therefore, the City Council is respgnsible for taking care of the interests of the people of Arcadia. It is NOT responsible to cater!o special interests; in particular to SART. It has no responsibilitY toSARTbut has total responsibilitY to the people ot.Arcadia." He asked that this,message be conveyed to the Council and that the'above applies to the Commission as ,well, and to be responsive to the residents and not to those who will come here arid make money. This would lead to the 'entertainment center". What type of an 'ente.rtainment'? One that would be open until 1:30 a.m.? One ,that would provide drugs and alcohol? This is not needed in the City. It is the Commission's and Council's.duty to improve Arcadia and not to degrade it. If this is granted, there might be a short tenn'gain but the long term loss will never be regained. Based on his. calculations the satellite racing will only bring in merely $700 a night for the City. Tq put the residents through nighttime activity until 1 :30 a.m. for $700.in order to accommodate someone who might want to bet onarace in Hong Kong is unthinkable. This proposition cannot do any good but,has the potential to do major hann antj'he insisted that the Commission deny it and.urge the Council to do the saine. Barbara Ellison, 620 W. Huntington, spoke in opposition. She said they moved to Arcadia d!le to its ,charm but throughout the years there have been many negative changes that they ,are cOncerned about. To have anything like a 'City Walk~ in Arcadia'is atrocious. She did not want the Hollywood glitz or speed of Beverly Hills. If she wanted that, shewould!ve moved there. She wanted a nice, quiet.areaand access to the big City. .Ben Serar, 400 San Luis Rey Rd., was opposed to the proposition but being a practical person. he realized that something must be done. If this is approved he wanted the following: 1 . That t~e days to be limited toss minimal as possible 2, The serving of alcoholic beverages stopped at a reasonable .time for example 10:30 p.m. or 11 :00 p.m. 3. The Police to be more aware of the activities there and 4. Thal.lhe Colorado St. entrance closed and leave the Holly Ave. and Baldwin Ave. exits open. tie explained the reason for the closure of the Colorado entrance Is that the patrons use the Garden area streets gel to the freeway quicker. In his opinion, the only entrance to remain open should be the one on Arcadia City Planning Commission 2/28/95 Page 8 . . .. Baldwin because it would impact the least amount of residents. He asked the Commission to put themselves in the place of the homeowners who would be adversely affected by the proposed activity. He went on to say that approximately a year ago, he was invited to SART to participate in the different proposals that SART was contemplating. He was asked how he would feel about a gambling,halllcasino and he informed them that he would be against that proposal. This gambling hall suggestion is now slowly being , supported by an entertainment center which will give the opportunity, space and area to them, As some of the opposition has pointed out, allowing this would pave the way for more requests. The Commission in its decision must keep in mind what'affect their approval might have in the'future. In response to Mr. Serars comments, Mr. Miller stated that It is important'to maintain jurisdiction over this proceeding which is strictly to hear about satellite wagering. hours and related issues. The gambling casino mentioned several times is nota part of this proceeding and he advised the Commission that the only gambling'casinos permitted in Califorrlia are card clubs where one is not betting against the house and for that to be ap.proved under the current Califomia law there has to be an election and everyone in the community would have the opportunity to vote on such an issue. Other projects discussed tonight are not a part of this proceeding: No applications have been filed with the City and when SART does file the appropriate documents, public hearings will be held and the residents will be. notified, Dirk Hudson, 428 Stanford. stated there is. a clear difference between ihe ordinary racing enthusiast who comes to the race as a sport and the off track betting person who is a hard core gambler. What, the Commission is considering is'\he activity for the laller type of persons who would be more apHo perform criminal activities to support his habit. On the other hand, the former enjoys seeing horses raced with an occasional bet. Another distinction would be between one that bets during the day vs. one that comes out in the middle of the night. Recently, he visited Las Vega,s and they passed through the only city in Nevada that prohibited gambling which incidentally had i3 dramatiCally lower crime rate.. He was concemed with the serving of alcoholic beverages'at the late' hours in the evening. Joyce Andrews, t 01 S. Old, Ranch Rd., said they chose to live in Arcadia because of the quiet community living and its wonderful schools. She was not clear on why they would ask to remain open late in the evening when there are~o few people that visit them on the night~ they are open until 11 :30 p.m. .She was concemed about traffic and gave a brief summary of the barricades that were placed on Hugo Reid to stop the race track traffic from going through their neighborhood, The crime rate seems to increase when ihe track is open. The noise crea,ted at night can easily be heard from her home. When she complained tothem,.their attitude was very poor. She, agreed thaUhere should be restrictions on what they would be permitted. She did not think!t made any sense to give the carte blanche:approval. Tway Andrews, t01 S. Old Ranch Rd., asked ~ this is approved will it improve the quality of life in Arcadia? Arcadia is supposed to be a community of homes. and he hoped that would still be applicable in a few years. Adrian Velasquez, 419 Santa Cniz Rd.. was in favor of the suggestions made by previous speakers with regard to the restrictions imposed on SART. He suggested periodic, review after approval. Some people uSe their neighborho,od. to. c.ut through, and the incre.ased traffic brings with it additional noise. He felt additional police activity should be used for controlling the increased traffic. Even though they do not expect an increase in the number of people that attend, that could all change in the future. He wondered how.much this would cost the City for the additional police that would be necessary? Vince Holmes, 804 S. La Cadena Ave.. suggested approving it only for two nights as requested. He was. not concemedabout the noise but with the people that use the street parking and walk over to the ,track because they do not want to pay for the parking. These bettors also use the bushes to urinate and discard thelr'tickets on their property. He thought, that would 'definitely disturb their peace when they return to their cars so late at night. Rebuttal In rebuttal, Mr. Goodrich realized that whatever they propose'will never be universally approved and fel1:there might be some compromises that can be made. He resented and thoughUt was unfair that,allthe problems are being blamed on the nighttime racing because after 3 years of having the evening races there has riot been a significant problem. The Police Dept. has. commented on that and traffic is almost non-existent. The. Impact is almost none because their request was minor. They just need to remain competitive. Arcadia City Planning Commission 2/28/95 Page 9 . . '" In order to proceed with the text amendment, they would be in favor of reducing their request to two nights a week. They will not be open until 1 :30 both nights and will be more than happy to curtail serving of alcoholic beverages. The impact is so minimal that they have people that don~ know they are open. This will not have a major impact and to.say drug dealers will be coming in and there will be anincrease.in crime is not supported by fact. He resented classifying the race track attendees as a group of second class citizens because history will bear out that they are'not. Any facilify that handles the volume of people that they do will naturally have some' problems but they have been able to keep that to a minimum by working w.iththeir security staff and the City. There has not been problems due to the 11:30 time limit and he could not imagine there would be any problems If they were to remain open until 1 :30. SART cannot afford a rising crime rate blamed on them and fighting with neighbors or the City over staying open for what has. been described as a minimai amount of money. Thatwouldbecommillingpolitical suicide. In closing, he stated that they have been open for nightime satellite wagering three years and he is unaware of any problems. They will work with the City to hone it down to a specific number of nights. Atthe moment, they are only interested on'the week-ends. This request will allow them to remain competitive. He asked for approval and if necessary with modifications as suggested by him. Based on his experience during the past three years, there has not been any problems and he wanted the opportunity to demonstrate the request would not have a significant impact. MOTION It was moved by Commissioner Kovacic, seconded by Commissioner Huang to close the public hearing. The .motion passed by voice vote with none dissenting. For the benefit of the audience and the Commission, Chairman. Daggett pointed out that the Commission's goal is to convey their recommendations, suggestions and comments to the City Council. In answer to a question by Commissioner Kalemkiarian, Mr. Goodrich said there are European races but notat night time. The only other race thatthey might import ata.later date might be Australia. Commissioner Clark was concemed with the overall direction of SART. The impact of what Santa Anita does needs to be ,looked at in the context of the City. He asked whatthe long term plansareforSART. There have been some limited events that h<ive taken placesndhe has read <ibout a lot of other possibilities that might occur on the property. He thought there should be a cohesive.direction or plan for.SART which would be very valuable to the Commission in its decision making and the residents. Mr. Miller said SART is ,generically working on plans to build an .entertainment complex.. As a property owner' they are entitled to do that at their own pace and eventually submit an application it toJhe City. This is text amendment. is limited to satellite wagering; HI1 advised against being prejudiced against any applicant because of any plans that they might have for the future, especially because this request has a specific recommendation. It puts,SART in an awkward position. They have certain property rights and the Commission may deny it but the fact is they have the right to be considered, Commissioner ,Clark explained that SARi' is much larger and impacts more residents that-any other property in the City. He remarked that if he has to ,!.ote on the direction that SART is going, he'd like to see that within the context of where. they are going to with their future plans rather than reading bits and pieces of it in the newspaper. He fully understands iheir right to develop the. property but wanted to know what their general plan for the property is and having a broad context to make decisions would be.helpful. Commissioner Murphy agreed with most of the residents in opposition and felt there should be a I.ine drawn. He was more apt to be concemed aboufhis neighbors than a handful of patrons who might get upset because they missed. the Hong Kong races. He understands Mr. Goodrich's position but there are many ways to deal with competition besides meeting them head on. He.was against the text amendment as presented. In Commissioller Kovacic's opinion and based on the commepts heard tonight, he thought many of the residents would be' good Commissioners and might have a lot to offer to the City and explained how to become a volunteer Commissioner. He went on to say that SART is an integral part of the history of Arcadia and the City should reasonably accommodate their requests. He.also thought that the plans presented by SART seem.to be piece mealing Arcadia City Planning Commission 2/28/95 Page 10 . . \ bits and pieces of information together. Although they cannot require them to come up with a general plan, the problem is if they are addressed every several months with a new item they have to look at each one at a worse case scenario because they don't know what the'cumulative affect is. As Commissioners lheyshould look,a!.possible cumulative affects of the overall program. The revenue is minuscule. Hewould be in favor of imposing the conditions listed below on the text amendment: 1 , Periodic review 2, Limiting the entrances 3. Limiting the serving of alcoholic beverages after a certain time 4. Either limiting the numbercof days or. indicating the days that this operation will betaking place. 5. The hours of operation. In particUlar the 1:30 p.m. closing time, He was reluctant to granting a carte blanche approval, when the applicant is not requesting it. Even though they wanted to be flexible, he wanted to deal with that when.and if they ask for it. Commissioner Kalemkiarian feltthere,should be some compromise. He said Mr. Goodrich seemed willing.to compromise by . limiting the serving of alcoholic beverages. He felt comfortable with recommending approval with some modifications to the text amendment with regard to the serving 'of alcoholic beverages, number of entrances and days and hours of operation. Commissioner Huang felt his concems would be lIddressedJf there was a limitation on the hours of operation and the serving of alcoholic beverages. He did not think there would be much impact it the aoove was addressed. Commissioner Murphy was concerned aoout the 'snow ball' affect of ~pproving little pieces. The.Commission has a responsibiiity to the people that reside in the community. Even though compromise might-be a good idea, one compromise leads to another until this community begins to erode. Mr. Miller, explained that the audience will have another opportunity to voice their opinions at a public hearing before the City Council. Commissioner Bell agreed with Commissioner Murphy. The residents have already compromised with the noise, traffic and congestion. Properly values are definitely,something thal.the City would want to uphold and although this Isa difficult situation, she did not like having evening activity. Chairman Oaggett outlined the Commission's options. Arcadia City Planning Commission 2/28/95 Page 1 t . . \ Chairman Daggett was not in favor of restricting entrances because the number of attendees would dictate that. He has noticed,an incredible drop in the number of people that park in the lot off of Colorado Blvd. and a decrease in the number of pedestrians walking from the buses. Discussion ensued with regard to the number of additional night time racing nights. The applicant requested an additional 20 nights on Friday or Saturday nights in addition tothe previous 52 nights a year granted by the" previous text amendment. Commissioner Huang was in favor of the additional 20 nights and of periodic review. He wanted to review the request in six months and to reevaluate the time they can remain open. He did not think limiting the access should be addressed because it will betaken care of by the operation. Mr, Goodrich clarified that they would be importing races trom HONG KONG every other week for atotal of 24 addrtional nights a year. The only nights'thatthey need to be open unlill:30 would be the nights importing races from Hong Kong. They do not need to be open until 1 :30 when Hollywood Park is runniilg. Again, the 20 nights would be the ones they are requesting to remain open .untlll :3.0 a.m. He clarified that Hong Kong has races throughout the year with the exception of the summer time, therefore, they would like to remain open 40 additional nights unlill :30 p.m. Commissioner Clark said denying the 1:30 a.m. would not be accomplishing what the applicant is requesting. Chairman Daggett' suggested .that in addition to. the one night a week no later than 1 i :30 p.m., the applicant be granted an additional20'nights aweek up to 1:30 a;m. Commissioner Huang suggested that no alcoholic beverages be served after 10:30 p.m. and the Commission agreed. He recommended Iimrting the number of nights per year rather than per month. Commissioner Kovacic felt better about night time racing when the serving of alcoholic beverages is limited. .Ms. Butler remarked limiting the number of nights per year would be much easier. lithe Commission approved itwith the additional 20 nights, rtwould be a total of 72 nightsofsatellrte racing per year. After a brief discussion, the Commission was in favor of approving the text amendment subject to the following: 1. That nighttime racing for 72 nights on Friday and Saturctay nights only 2. That they would be allowed to stay open'untill:30 a.m. for 40 nights, and the remaining 32 nights until 11:30 p.m. 3. No alcoholic beverages,shall be served'after 10:30 p.m. on any of the 72 nights, and there would be no restrictions placed on, the access to SART 4. A review of the ,request in sIx months. MOTION It was moved by Commissioner Kovacic, second.ed by Commissioner Huang to recommend approval of T A. 95-001 to the Ci1y Council as amended above. RO!,.!,. CALL: AYES: NOES: Commissioners Clark, Huang, Kalemkiarian, Kovacic, Daggett Commissioners Bell and Murphy ArcadiaCity Planning Commission 2/28/95 Page 12 " . . ~ 5, PUBLIC HEARING TA 95-002 Collsideration of a text amendmentto establish a Density Bonus Ordinance for R-2 and R-3 multiple- family zone projects, which is intended to comply with the State Densioty Bonus Law, Govemment Code Section 65915. Staff requested a continuance of the public hearing to the Commission's March 28th meeting. NON-PUBLIC HEARING ITEMS 6. RESOLUTION NO. 1522 A resolution of the Planning Commission of the City of Arcadia, Calfironia, granting GP 95-001 amending the. Circulation and Parks and Recreation Elements. Ms. .Butler read the title of the resolution. MOTION It was moved by Commissioner Kalemkiarian, seconded by Commissioner Huang to adopt Resolution 1522 and to formally affirm the decision of.January 24,1995 and the vote,thereon. ROLL CALL: AYES: NOES: Commissioners Bell, Huang,.Kalemkiarian, Kovacic, Murphy Commissioner Clark, Daggett MATTERS FROM. CITY COUNCIL CITY COUNCIL REPORTS /ANNOUNCEMENTS / STATEMENTS Council Member Kuhn reminded the Commission oUhe upcoming Arbor Day celebration which. will be on March 7th. MATTERS FROM THE PLANNING COMMISSION REPORTS/ANNOUNCEMENTS/STATEMENTS Council Member Kuhn said that the City Council has not heard of thier plans and nothing Is official. The Commission hoped that Mr. Goodrich heard the Commission's concems and will notify the City and the Commissioners. Commissioner Kovacic: said It seemed that everyone knows the plans for the racetrack but the Commissioners and commented that he would have liked to have been at their ad hoc meeting. ,He asked if there was any way to get on their Iistfor upcoming meetings? He'asked the City Attomey If the Commission should avoid'these type of meetings'and wait until the proposal is submitted for the Commission's review? Ms. Butler indicated that no plans have been filed with the City. Any project will require an environmental impact report and further meetings. The City is in the process of gathering a group of staff members and consultants to process their application when it is submitted to the, City. Mr. Miller explained that the applicant must define and submit th.eir project for the City to be able to analyze their request. Staff will have to review the proposal and by the time it is before the Commission their plans would be fairly definitive. He thought It mightbe better for the Commission to wait until the project gets to their level because by that time the Commission would be getting a complete package of information. Arcadia City,Planhing Commission 2/28/95 Page 13 > . . , Ms. Butler further explained that their project is evolving as"they speak to the citizens and the City 'and the comments are relayed to their designers. To say what they are planning would be very premature, because it is in the process of change as it is being designed. The area in question is located south of the race track, east of the Fashion Park Mall and weslof.the medical building, Commissioner Murphy remarked that the race track is soliciting information and feedback from the community . in preparation for submittal of applications to the City so they are aware of the. concerns of the community before the City. Ms. Butler concurred with Commissioner Murphy's comments and said.thalas a result of their meetings with the community they are able to address the concems raised. Chairman Daggett said the business community'is greatly irT'!pacted by what the race track does and their actions can be detrimental to the business community. MODIFICATION COMMITTEE MEETING ACTIONS Commissioner Kalemkiarian recapped the Modnication Committee actions. MATTERS FROM STAFF 1 . CITY COUNCIL ACTIONS Ms. Butler gave a brief summaryofthe actions taken at the City Counci.I's last meeting and the items that were before them for consideration. 2. UPCOMiNG AGENDA ITEMS Ms; Butler announced the applications that have been f.iled and will be before the Commission as public hearings. ADJOURNED TO MARCH 28TH zr ~./). - / , "-~~/cf . .- ~ Secretary, Arcadia Plan' gCommisslon Arcadia City Planning Commission 2/28/95 Page 14