HomeMy WebLinkAbout0815
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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:
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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.
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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
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City of Arcadia held on the 12
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
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day of June
, 1973, by the
Commissioners Huddy, Lauber, Perl is, Reiter
None
Commissioner Livingston
Commissioners Coghlan and Erickson
Secretary
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Chairman
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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
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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.
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T .A. 73-4
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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."
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PLANNING DEPARTMENT
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ASSISTANT PLANNER
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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