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HomeMy WebLinkAbout0815 ~ ~- ;r '.,- . . . RESOLUTION NO. 815 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA RECOMMENDING AN AMENDMENT TO THE ZONING ORDINANCE RELATING TO SUNDAY HORSE RACING. WHEREAS ~ a public hearing was held on May 22, 1973, to consider amending the zoning ordinance relating to Sunday horse racing; and ,WHEREAS, all interested persons were given full oppor- tunity to be heard and to present evidence; NOW, THEREFORE, THE P'LANNING COMMISSION OF THE CITY OF ARCADIA HEREBY DETERMINES AND RESOLVES AS FOLLOWS: . SECTION 1. That the Planning Commission recommends to the City Council that Section 9273.'1.10 of the Arcadia Municipal Code be amended to read as follows: "9273.1.10. SAME. Daytime horse racing Mondays through, Saturdays with or without parimutuel wagering on the results thereof." SECTION 2. The Planning Commission finds that the public necessity, convenience, general welfare and good zoning practice justify the above amendment. . SECTION 3. The Secretary shall certify to the adoption 9f this resolution and shall cause a copy to be 'forwarded to the City Council of the City of Arcadia. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the Planning Commission of the -1- S15 - .;- ",,- . . City of Arcadia held on the 12 following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: . day of June , 1973, by the Commissioners Huddy, Lauber, Perl is, Reiter None Commissioner Livingston Commissioners Coghlan and Erickson Secretary . . -2- Chairman S15 . . , . May 22, 1973 TO: FROM: PLANNING COMMISSION PLANNING DEPARTMENT SUBJECT~ T.A. 73-4 PROPOSAL TO AMEND S-l ZONING ORDINANCE TO PROHIBIT HORSE RACING ON SUNDAYS . On May 1, 1973, the City Council adopted Resolution 4338 which determines "that the use of the Santa Anita Race Track for racing on Sunday would be contrary to the public convenience, health, safety and general welfare." This resolution requests the Planning Commission to conduct a public hearing on this proposal to amend the zoning ordinance. In a letter dated May 1, 1973, the City Attorney stated that "local regulation oJ horse racing has been pre-empted by state law," however, the cour,ts noted in this ruling that the state law does not pre-emp,t a local agency to regulate these activities as a part of its zoning ordinance. (See attached.) In 1967 nighttime horse racing was authorized by the state legislature. In July of 1967 the City of Arcadia amended the 5-1 section of the zoning ordinance prohibiting nighttime horse racing (SectiOn 9273.1.10). If Sunday horse racing were permitted,it is anti,ci- pated the track attendance and resultant vehicular traffic would be comparable, to volumes encountered on racing Saturdays. Any conflict between the Santa Anita Fashion Park Shopping Center and the horse racing operation which may be encountered on racing Saturdays could be expected to occur on racing Sundays as well. . I v ~ hV ~".>:I ;I , "\~ " V (.~.. - -t--- . . . T .A. 73-4 2 The increased traffic volume in Arcadia and surrounding residential communities resultant from Sunday racing, is undesirable from t-he, standpoint of the maintenance of a predominantly residential environment. The economic benefits to the ,City can be 'considered in terms of the revenue generated from Saturday racing, under the assumption that Sunday attendance would be similar. Should the Commission wish to amend the'ordinance to prohibit Sunday horse racing, Section 9273.1.10 should be amended to read: "Daytime horse racing Mondars thz:ou~h"sa'turdayS with or without parimutuel wagerIng'on t e results thereof." . PLANNING DEPARTMENT ~6!~ ASSISTANT PLANNER THC:db . . . . . , . . ,/ May' 1, 1973 TO: Honorable Mayor and Members of the City Council City Attorney SUNDAY HOR8ERACING FROM: SUBJECT: The City, at this time, is in a position similar to that l'lhich occurred in 1967. In 1967 ,nighttime horse racing was authorized by the State Legislature. On July lS, 1961, the City of Arcadia amended the Zoning Ordinance to prohibit nighttiMe horse racinfi by amending the uses permitted in the 8-1 Zone to permit only daytime horse racing with or without parimutual wagering on the results thereof" (AMC Section 9273.1.~O). The Zoning Ordinance approach to regulation of nighttime horse racing wa~ used because State law pre-empts local law on the subject of horse racing. ThE! State Constitution provides that the Legislature may provide for the regulation of horse racing , and horse race, meetings and wagering on the results. Pursuant to this authority, the Legislature has enacted extensive regulations (BUSiness and Professions Code, Sections 19400 to 19664). In Desert Turf Club v. Board of Supervisors, 147 C.A. 2nd 446, the Court ruled that local regulation of horse racing has been pre-empted by State law, but the Court also noted that its ruling does not pre-empt a local agency in the exercise of its zoning powers. " It would appear to b.e appropriate at th:is time to amend the Zoning Ordinance in the same manner used in 1967. At that time, , the Planning Commission initiated, the proceedings. If the Council wishes it can initiate the proceedings by adopting a resolution in the form attached hereto. Respectfully submitted, RO RT GLE City Attorney RDO:at Attaci1ment