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HomeMy WebLinkAbout02 URG ORD GDLINES 06-19-00DATE: JUNE 19, 2000 Inter-Com NO. 2 06-19-00 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC HEARING: URGENCY ORDINANCE NO. 1230 AND ALCOHOLIC BEVERAGE SALES ESTABLISHMENT GUIDELINES SUMMARY::~::;'i::;;/.Urgency Ordinance: NO; 1230 and. anemendmentito the AlCOhOlic Beveraqe!Sales RECOMMENDATION That the City Council adopt: Urgency Ordinance No. 1230 by a four-fifths (4/5) vote approving an amendment to the Commercial, Industrial, Planned Industrial, and Planned Community Zoning Districts of the Tustin City Code, existing Planned Community District Regulations, and existing Specific Plans to: 1. Establish distance separations between on-site and off-site alcoholic beverage sales establishments and sensitive uses; and, . Enable the Alcoholic Beverage Sales Establishment Guidelines to set forth policies, definitions, findings, and recommended conditions of approval for on and off-site alcoholic beverage sales establishments to provide interpretative guidance for the law; and · Resolution No. 00-36 approving amendments to "Alcohol Beverage Sales Establishment Guidelines." FISCAL IMPACT Costs associated with implementation and administration of the requirements of the ordinance and guidelines would be recovered through application fees identified in the General Fee Schedule in Resolution No. 99-53 adopted on July 19, 1999. Urgency Ordinance No. 1230 and Alcoholic Beverage Sales Establishment Guidelines June 19, 2000 Page 2 DISCUSSION Distance Separation Requirements On January 2, 1996, Ordinance No. 1161 was adopted to create distance separation requirements between on-site and off-site alcoholic beverage sales establishments and sensitive uses such as residences, other existing on-site and off-site sales establishments, places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities, and convalescent homes. These regulations were incorporated into the commercial and industrial zoning districts of the Tustin City Code. However, Ordinance No. 1161 did not amend the Planned Industrial (PM) or Planned Community (PC) zoning districts of the Tustin City Code, existing Planned Community 'District Regulations, or Specific Plans. Urgency Ordinance No. 1230 (Attachment A) would establish distance separation requirements for these areas. An urgency ordinance is proposed to preclude the immediate threat of alcoholic beverage sales establishments locating near sensitive uses or overconcentrating in areas that are not subject to distance separation regulations. Enabling the Alcoholic Beverage Sales Establishment Guidelines The Alcoholic Beverage Sales Establishment Guidelines (Exhibit A of Resolution No. 00-36 - Attachment B) provide policies, definitions, findings, and recommended conditions of approval to ensure orderly development and mitigate impacts typically associated with alcoholic beverage sales establishments. Although the guidelines were adopted 'by the Planning Commission and are used in reviewing discretionary applications, they are not enabled by the Tustin City Code and do not have the effect of law. Urgency Ordinance No. 1230 (Attachment A) would amend the Commercial, Industrial, Planned Industrial, and Planned Community zoning district regulations of the TUstin City Code, existing Planned Community District Regulations and Specific Plans to require staff and the Planning Commission to follow the Alcoholic Beverage Sales Establishment Guidelines. Amendment to the Guidelines Staff recommends amending the Guidelines to be consistent with Ordinance No. 1230 and provide a necessary distinction between restaurants and their ancillary uses. The proposed amendments are highlighted in Exhibit A of Resolution No. 00-36. With the exception of restaurants, on-site and off-site sales establishments are subject to distance separation requirements. Since restaurants are exempt from distance Urgency Ordinance No. 1230 and Alcoholic Beverage Sales Establishment Guidelines June 19, 2000 Page 3 separation requirements, it is difficult to regulate ancillary uses associated with restaurants such as bars, lounges, microbreweries, billiard/pool tables, video games, public dancing, and live entertainment. To qualify as "ancillary", a use may not encompass more than fifty (50) percent of the gross floor area of a restaurant. However, even ancillary uses that comprise less than fifty (50) percent of the floor area often may become the establishment's primary attraction. In such a case, the ancillary use is not, in reality, ancillary, compromises the primary use, and circumvents the intent of distance separation requirements. The proposed amendment to the Guidelines would require that the sales of alcoholic beverages not exceed the sales of food within the area devoted to the ancillary use. If the sales of alcOhol did exceed the sales of food, the use would not qualify as a restaurant and would be subject to distance separation requirements. The amendment also includes a recommended condition of approval to require submittal of'audited financial statements for ancillary uses to ensure compliance with the definition of a restaurant. Karen Peterson Senior Planner Elizabeth A. Binsack Director of Community Development Attachments: A- Urgency Ordinance No. 1230 B - Resolution No. 00-36 s:ccrept\UrgOrd1230-AmendAIcohol.doc ATTACHMENT A URGENCY ORDINANCE NO. 1230 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. 1230 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE ARTICLE 9, EXISTING PLANNED COMMUNITY DISTRICT REGULATIONS AND SPECIFIC PLANS TO 1) ESTABLISH DISTANCE SEPARATION REQUIREMENTS FOR ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS WITHIN THE PLANNED INDUSTRIAL AND PLANNED COMMUNITY DISTRICTS OF THE TUSTIN CITY CODE; 2) ESTABLISH DISTANCE SEPARATION REQUIREMENTS FOR ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS WITHIN EXISTING PLANNED COMMUNITY DISTRICTS AND SPECIFIC PLAN AREAS AS IDENTIFIED ON THE TUSTIN ZONING MAP; AND, 3) ENABLE THE ALCOHOLIC BEVERAGE SALES ESTABLISHMENT GUIDELINES TO BE APPLIED WITHIN SPECIFIED COMMERCIAL, INDUSTRIAL, PLANNED INDUSTRIAL AND PLANNED COMMUNITY DISTRICTS OF THE TUSTIN CITY CODE AND EXISTING PLANNED COMMUNITY DISTRICT REGULATIONS AND SPECIFIC PLANS AS IDENTIFIED ON THE TUSTIN ZONING MAP The City Council of the City of Tustin DOES HEREBY .ORDAIN as follows: Section 1. Findings: The City Council of the City of Tustin finds and determines as follows: A, The Zoning Code and existing Planned Community District Regulations and Specific Plans were adopted to regulate land use to protect the public health, safety, and welfare. B, On-site and off-site sales establishments located within the Planned Industrial and Planned Community Zoning Districts, existing Planning Communities, and Specific Plan areas do not require minimum distances between other on-site and off-site establishments and sensitive land uses such as residences, other existing on-site and off-site sales establishments, places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities, and convalescent homes. Ce Minimum distance requirements between on-site and off-site alcoholic beverage sales establishments and sensitive uses are necessary to promote orderly development and mitigate impacts typically associated with alcoholic beverage sales establishments to protect the public health, safety, and welfare. ]2 ]4 20 22 24 26 27 Ordinance 1230 Page 2 Do E. Fo Go H, There is a current and immediate threat to the public health, safety, and welfare in that future permitted and conditionally permitted alcoholic beverage sales establishments could locate near existing sensitive uses or overconcentrate in areas that are not subject to distance separation regulations. The amendments are required for the immediate preservation of the public peace, safety and health of the citizens of Tustin. The Alcoholic Beverage Sales Establishment Guidelines were adopted by the Planning Commission to provide policies, definitions, findings, and recommended conditions of approval to promote orderly development and mitigate impacts typically associated with alcoholic beverage sales establishments to protect the public health, safety, and welfare. The current Commercial, Industrial, Planned Industrial and Planned Community Districts, and existing Planned Community District Regulations and Specific Plan regulations do not require' alcoholic beverage sales establishments to comply with the Alcoholic Beverage Sales Establishment Guidelines. The Alcoholic Beverage Sales Establishments Guidelines are needed to provide interpretive guidance for the law to promote orderly development and protect the public health, welfare and safety by defining on and off-site sales alcoholic beverage sales establishments, identifying desirable project characteristics, and setting forth recommended findings and conditions of approval for discretionary applications .for alcoholic beverage sales establishments. The Planning Commission is the appropriate approval body for future amendments to the Alcoholic Beverage Sales Establishment Guidelines in that the Planning Commission's scope of duties include land use and planning matters. That the amendments, are consistent with the General Plan in that they will promote the orderly growth and development in Planned Industrial and Community Districts and existing Planned Communities and Specific Plan areas. 24 27 Ordinance 1230 Page 3 Section 2. The following provisions of the Tustin City Code are hereby amended as follows: A. Subsection 9232b(p) is amended to read as follows: "Alcoholic beverage sales establishments subject to the following criteria and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments". B. Subsection 9233c(v) is amended to read as follows: "Alcoholic beverage sales establishments subject to the following criteria and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments". C. Subsection 9234c(10) is amended to read as follows: "Alcoholic beverage sales establishments subject to the following criteria and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments". D. Subsection 9235c(dd) is amended to read as follows: "Alcoholic beverage sales establishments subject to the following criteria and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments". E. Subsection 9241 (b) is amended to read as follows: "b. Conditionally Permitted Uses: 1. Alcoholic beverage sales establishments subject to the .following criteria and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments. Off-site alcoholic beverage sales located in a building and permitted business with less than 15,000 square feet of gross floor area and permitted businesses with more than 15,000 square feet of gross floor area where the off-site alcoholic beverage sales area within the building occupies more than 10 percent of the gross floor area, subject to the following minimum distance regulations: (a) 300 feet 'from any other residentially zoned or used property. ]0 20 24 26 27 28 Ordinance 1230 Page 4 500 feet from any existing off-site sales establishment. 600 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility, or convalescent home. 600 feet from existing on-site sales establishments, except restaurant establishments. (b) Minimum distances between off-site establishments and; residentially owned or used property, churches, places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the distance from the closest entry/exit provided for public/customer access of the off-site establishment to the property line of any of the above uses whether inside or outside the city boundaries. (c) Minimum distances between off-site sales establishment and another off-site or on-site sales establishment, except restaurant establishments whether inside or outside city boundaries shall be computed by measuring the distance between the closest exterior structural walls of each side. On-site alcoholic beverage sales establishments except restaurant establishments subject to the following minimum distance regulations: (a) 1,000 feet from any residentially zoned or used property. 1,000 feet from any other existing on-site except restaurant establishments or off-site sales establishments. 1,000 feet from any church, place of worship, public or private school, park, playground, 20 2] 23 24 25 26 27 28 29 Ordinance 1230 Page 5 Fo S. clinic, hospital, health care facility or convalescent home. (b) Minimum distances between on-site sale establishments except restaurant establishments and; residentially zoned or used property, churches, places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health .care facilities and convalescent homes shall be computed by measuring the distance from the closest exterior wall of the on-site establishment to the property line of any of the above uses whether inside or outside the city boundaries. (c) Minimum distances between on-site sales establishments and another off-site or on-site sales establishment except restaurant establishments whether inside or outside city boundaries shall be computed by measuring the distance between the closest exterior structural walls of each use." Subsection 9242b(g) is amended to read as follows: "Alcoholic beverage sales establishments subject to the following criteria and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments". Subsection 9244(e) is added to read as follows: "e. Conditionally Permitted Uses: . Alcoholic beverage sales establish'ments subject to the following criteria and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments. Off-site alcoholic beverage sales located in a building and permitted business with less than 15,000 square feet of gross floor area and permitted businesses with more than 15,000 square feet of gross floor area where the off-site alcoholic beverage sales area within the building occupies more than 10 percent of the gross floor area, subject to the following minimum distance regulations: 12 13 14 16 20 23 24 26 2? 29 Ordinance 1230 Page 6 (a) 300 feet from any other residentially zoned or used property. 500 feet from any existing off-site sales establishment. 600 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility, or convalescent home. 600 feet from existing on-site sales establishments, except restaurant establishments. (b) Minimum distances between off-site establishments and; residentially owned or used property, churches, places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the distance from the closest entry/exit provided for public/customer access of the off-site establishment to the property line of any of the above uses whether inside or outside the city boundaries. (c) Minimum distances between off-site sales establishment and another off-site or on-site sales establishment, except restaurant establishments whether inside or outside city boundaries shall be computed by measuring the distance between the closest exterior structural walls of each side. On-site alcoholic beverage sales establishments except restaurant establishments subject to the following minimum distance regulations: '(a) 1,000 feet from any residentially zoned or used property. 1,000 feet from any other existing on-site except restaurant establishments or off-site sales establishments. 20 22 23 24 25 26 27 Ordinance 1230 Page 7 1,000 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. (b) Minimum distances between on-site sale establishments except restaurant establishments and; residentially zoned or used property, churches, places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the distance from the closest exterior wall of the on-site establishment to the property line of any of the above uses whether inside or outside the city boundaries. (c) Minimum distances between on-site sales establishments and another off-site or on'site sales establishment except restaurant establishments whether inside or outside city boundaries shall be computed by measuring the distance between the closest exterior structural walls of each use." Section 3. The following provisions shall amend and be incorporated into all Planned Community District Regulations and Specific Plans that are in existence as of the date of this Ordinance and specified as Planned Industrial (PM), Planned Community (PC), Planned Community Commercial (PCC), Planned Community Mixed Use (PCMU) and Specific Plan areas on the City of Tustin Zoning Map on file with the City, where alcoholic beverage sales establishments are listed as permitted or conditionally permitted uses. Alcoholic beverage sales establishments subject to the following criteria and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments. Off-site alcoholic beverage sales located in a building and permitted business with less than 15,000 square feet of gross floor area and permitted businesses with more than 15,000 square feet of gross floor area where .the off-site alcoholic beverage sales area within the building occupies more than 10 percent of the gross floor area, subject to the following minimum distance regulations: ]0 ]4 ]6 20 2! 23 24 25 26 2? Ordinance 1230 Page 8 (a) 300 feet from any other residentially zoned or used property. 500 feet from any existing off-site sales establishment. 600 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility, or convalescent home. 600 feet from existing on-site sales establishments, except restaurant establishments. (b). Minimum distances between off-site establishments and; residentially owned or used property, churches, places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the distance from the closest entry/exit provided for public/customer access of the off-site establishment to the property line of any of the above uses whether inside or outside the city boundaries. (c) Minimum distances between off-site sales establishment and another off-site or on-site sales establishment, except restaurant establishments whether inside or outside city boundaries shall be computed by measuring the distance between the closest exterior structural walls of each side. On-site alcoholic beverage sales establishments except restaurant establishments subject to the following minimum distance regulations: (a) 1,000 feet from any residentially zoned or used property. 1,000 feet from any other existing on-site except restaurant establishments or off-site sales establishments. ]0 ]2 ]4 21 22 23 24 25 2? 29 Ordinance 1230 Page 9 1,000 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. (b) Minimum distances between on-site sale establishments except restaurant establishments and; residentially zoned or used property, churches, places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the distance from the closest exterior wall of the on-site establishment to the property line of any of the above uses whether inside or outside the city boundaries. (c) Minimum distances between on-site sales establishments and another off-site or on-site sales establishment except restaurant establishments whether inside or outside city boundaries shall be computed by measuring the distance between the closest exterior structural walls of each use." Section 4. This Ordinance is an Urgency Ordinance, enacted pursuant to Government Code Section 36937. Section 5. This Ordinance shall be adopted by four-fifths (4~5) vote of the City Council and shall be effective immediately upon such vote. Section 6. Severability All of the provisions of the urgency ordinance shall be construed together in order to accomplish the purpose of these regulations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. 14 2O 24 2? Ordinance 1230 Page 10 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, held on the 19th day of June, 2000. JEFFERY M. THOMAS Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR ORDINANCE NO. 1230 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1230 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 19th day of June, 2000 by the following vote: COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER Pamela Stoker, City Clerk ATTACHMENT B RESOLUTION NO. 00-36 RESOLUTION NO. 00-36 ]2 ]4 20 2! 24 2.7 ?-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING THE ALCOHOLIC BEVERAGE SALES ESTABLISHMENT GUIDELINES The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: Ao That Planning Commission Resolution No. 3687 amended Planning Commission Resolution No. 3366 which established the "Alcoholic Beverage Sales Establishment Guidelines" to be followed in reviewing alcoholic beverage sales establishment proposals under the Tustin City Code. Bo That adoption of Ordinance No. 1230 enabled the Guidelines to assist define and interpret zoning regulations to promote orderly development and protect the public health, safety and general welfare and preserve and enhance the quality of the City relating to alcoholic beverage sales establishments. II. In amending the Alcoholic Beverage Sales Establishment Guidelines, the City Council finds and determines: Ao That certain policies, definitions, findings, and recommended conditions of approval shall be considered by the Community Development Department staff and the Planning Commission when considering development applications for alcoholic beverage sales establishment uses. Bo That the guidelines provide interpretative guidance to promote orderly development and help mitigate impacts typically associated with alcoholic beverage sales establishments. C. That the amendment to the guidelines would: 1) Prevent a restaurant from establishing an ancillary use where sales of alcohol exceeds sales of food, in close proximity to sensitive uses as defined in the Tustin City Code, existing Planned Community District Regulations, and Specific Plans. Any ancillary use of a restaurant that is located near sensitive uses would have to be oriented to food over alcohol; ]0 ]4 ]? 20 21 24 27 Resolution No. 00-36 Page 2 2) Add a recommended condition of approval for ancillary uses within restaurants to ensure orderly development of primary and ancillary uses; and, 3) Be consistent with the City Council's determination that the Planned Industrial and Planned Community zoning districts of the Tustin City Code and existing Planned Community District Regulations and Specific Plans are subject to distance separations between on and off-site sales establishment and sensitive uses and that the Planning Commission is the appropriate approval body to consider future amendments to the Alcoholic Beverage Sales Establishment Guidelines. III. The City Council hereby amends the Alcoholic Beverage Sales Establishment Guidelines, attached hereto as Exhibit A, in the following manner: Policy Section: The last sentence shall read as follows: "Amendments to these guidelines shall be considered by the Planning Commission." Section II, Definition of Restaurant: The last sentence shall read as follows: "In the area devoted to the ancillary use, the gross annual sales of food shall exceed the gross annual sales of alcohol." Section III, Permit Process: The second sentence shall be amended as follows: "The sale of alcoholic beverages for on-site or off-site consumption at new or exiting establishments, as regulated by the Zoning Code, ~i~lh~l~fi~d:i::C6'm~ffian~~ ,~:~ ..... :D~stn~t R'~.fil~t!~.~¢i!!~:.~d,~!;!~pe¢!~!~lans shall comply with these guidelines." Section V, 2.2: Condition (j) shall be added as follows:' "j. To verify that the gross annual sales of food exceeds the gross annual sales of alcohol in an area devoted to an ancillary use, an audited financial statement shall be provided for review and approved by the Community Development Director quarterly and/or annually, as deemed ]4 l? 20 2! 24 27 Resolution No. 00-36 Page 3 necessary. If the audited financial statement demonstrates that the sales of alcohol exceeds the sales of food in the area devoted to the ancillary use, the ancillary use(s) shall cease immediately until it can be determined whether the ancillary use is operating as a primary use that would be~ subject to distance separation requirements." PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 19"' day of June, 2000.. JEFFERY M. THOMAS Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RESOLUTION NO. 00-36 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Resolution 00-36 was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the 19~ day of June, 2000. COU NCILMEMBER AYE S: COUNCILMEMBER NOES: COUNCILMEMBERABSTAINED: COUNCILMEMBERABSENT: PAMELA STOKER City Clerk EXHIBIT A OF RESOLUTION NO. 00-36 CITY OF TUSTIN ALCOHOLIC BEVERAGE SALES ESTABLISHMENT GUIDELINES PURPOSE AND INTENT:' The purPose of these guidelines is to set forth guidelines to be considered in conjunction with the conditional use permit process to promote and protect the public health, safety and general welfare, and preserve and enhance the quality of the City relating to establishments selling alcoholic beverages for on- and off-site consumption. To fulfill this purpose, it is the intent of these guidelines is to: 1, Establish reasonable guidelines to promote orderly development; . Identify operational guidelines to minimize the impacts on adjacent proPerties and neighborhoods; and, 3. Ensure implementation of certain regulations necessary to protect public safety. POLICY: The guidelines together with the Tustin City Code shall be considered by the Community Development Department and the Planning Commission in conjunction with applications for conditional use permits. The guidelines define on- and off-site alcoholic beverage sales establishments, identify desirable project characteristics, and set forth recommended findings and conditions of approval. The provisions contained herein shall be considered guidelines. The Zoning Administrator or Planning Commission may consider deviations when all the required findings can be ,made. ~efidments t0:~ese gUidelines Shall be cOnsidered by the Plug Commission. Alcoholic Beverage Sales Establishment Guidelines Page I USING THE GUIDELINES I. ORGANIZATION The guidelines are organized into four sections: lo Definitions: The definitions delineate on-site or off-site sales establishments and supplement uses described and regulated by the Tustin City Code and adopted Use Determinations. e Permit Process: The permit process identifies processing procedures for obtaining approval for on- and off-site alcoholic beverage sales establishments. ge Findings: Findings are provided to be considered for incorporation into project resolutions as adopted by the Zoning Administrator or Planning Commission. II. 0 Development Guidelines and Standard Conditions of Approval: The development guidelines are conditions of approval that are to be incorporated ~to project resolutions adopted by the Zoning Administrator or Planning Commission. The development guidelines/conditions of approval provide minimum standards for operational characteristics of specific types of uses. DEFINITIONS The following definitions supplement uses described and regulated by the Tustin City Code and adopted Use Determinations and are to be used in determining whether a use is an on-site or off-site sales establishment. If there is a discrepancy with the following definitions, the Zoning Code shall prevail. Alcohol Beverage Sales Establishments: Alcohol beverage sales establishments are comprised of on-site and off-site establishments. Alcohol is either sold for consumption on the premises (on-site) or sold for consumption off the premises (off-site). The following definitions are grouped under on-site or off-site sales establishments and incorporate the regulations regarding sale of alcohol and types of uses defined by the Tustin City Code and adopted Use Determinations. On-Site Sales Establishment:. An on-site sales establishment provides for the sale of alcoholic beverages for consumption on the premises. On-site sales establishment~, such as amusement reSorts or clubs, are subject to the following minimum distance regulations measured from the closest exterior wall of the on-site establishment to the property line of any of the Alcoholic Beverage Sales Establishment Guidelines Page 2 following sensitive uses. Restaurant establishments, as defined in these guidelines, are excluded from the distance regulations. le , 1,000 feet from any residentially zoned or used property. 1,000 feet from any other existing off-site sales establishment or on- site sales establishments except for a restaurant. 1,000 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. Definitions of On-Site Sales Establishments: Amusement Resorts: include arcades, theaters, auditoriums, social halls and indoor/outdoor recreation facilities, including billiard/pool halls and bowling alleys. Facilities that serve beer, wine or other alcoholic beverages and are not ancillary to a full- service restaurant on the premises, or that utilize more than 50 percent of the total gross floor area of the establishment, shall be subject to the distance requirements for on-site sales establishments. Arcade: An establishment that has more than five coin or token operated video, pinball, electronically interactive games, virtual reality games, or any other machines which provide games and/or show movies or videotapes for entertainment purposes. Billiard/Pool Hall: An establishment with signing or advertising of billards and/or accommodating three (3) or more billard, pool, or similar games of skill. Bowling Alley: An indoor facility providing lanes and services for the purpose of bowling. These facilities may include ancillary retail sales of bowling merchandise, food and beverages. Indoor/Outdoor Recreation Facilities: An establishment designating more than 50 percent of the total square footage including indoor and outdoor areas to amusement/entertainment services, sports and types of recreation where a fee or admission is charged, including arcades containing coin or token operated amusements and/or electronic games; batting cages, go-cart and miniature auto race tracks; Alcoholic Beverage Sales Establishment Guidelines Page 3 golf driving ranges separate from golf courses; miniature golf; swim and tennis clubs; bowling alleys; children's entertainment centers; pool and billiard rooms; skating and hockey rinks and parks, virtual reality establishments, etc. This does not include card rooms; or dance clubs, halls and ballrooms, which are included in the definition of "Bars". Theaters, Auditoriums, Social Halls: An indoor facility for public assembly and group entertainment including public and semi-public auditoriums, exhibition and social and convention halls, civic theaters, meeting halls, country clubs and facilities for "live" theatrical entertainment, musical concerts, motion pictures, video taped presentations, or slide photographs, and offers food and drink that is not ancillary to a full-service restaurant within the premises. These facilities are for use or rent by the general public. Clubs: An establishment with table and bar seating that serves beer, wine and other alcoholic beverages to patrons for on-site consumption, which is not an ancillary use to a full-service restaurant. If food service is offered, the gross receipts of alcohol sales exceed the gross receipts of food sales. Bar/Nightclub: A bar or nightclub establishment typically stays open late at night and can offer a combination of live performers, a piano bar, musical groups with acoustical instruments, amplified music, facilities for patron dancing, comedy or magic acts, and/or food and drink that is not ancillary to a full- service restaurant, and the gross annual sale of alcohol may exceed the gross annual sale of food. A bar or nightclub can also be referred to as a cocktail bar or alcoholic beverage drinking place. Membership Organizations: Permanent, headquarters, and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations; professional membership organizations; labor unions and similar organizations; civic, social and fraternal organizations; political Alcoholic Beverage Sales Establishment Guidelines Page 4 organizations and other membership organizations. May include meeting facilities, and food preparation and dining facilities available to members only. However, this does not include country clubs, which is defined under "Theaters, Auditoriums and Social Halls" above. Microbrewery: A tasting facility or bar ancillary to the production of beer and where the production of beer is not ancillary to a full-service restaurant within the facility. Restaurant: A retail establishment that sells food and beverages prepared on the site, where customers are served for on-site consumption. At least 80 percent of the premises seating shall be designed and used for and must possess the necessary utensils, table servicej and condiment dispensers with which to serve meals to the public. The gross annual sales of food shall exceed the sale of alcohol. A restaurant may have ancillary uses such as a lounge, microbrewery, billiard/pool tables, video games, public dancing, and live entertainment, ancillary to the restaurant use. In the area devoted to the ancillary, use, the gross annual sales of food shall exceed the gross annual sales of alcohol. Lounge (Cocktail Lounge): A designated area with table and bar seating within a full service restaurant where alcoholic beverages are served for on-site consumption. The gross receipts of food sales must exceed the gross receipts of alcohol sales. The area of the lounge shall be less than 50 percent of the total dining area of the restaurant. Microbrewery: If the production of beer is ancillary to a full-service restaurant within the facility providing food and drink including the microbrew .produced on-site, the microbrewery can be considered a restaurant. Off-Site Sales Establishment:. The sale of alcoholic beverages for consumption off the premises. Off-site sales in an establishment less than 15,000 square feet and in establishments greater than 15,000 square feet where the alcohol beverage sales area occupies more than 10 percent of the gross floor area are subject to the following minimum distance regulations. Alcoholic Beverage Sales Establishment Guidelines Page 5 o , 300 feet from any residentially zoned or used property. 500 feet from any other existing off-site sales establishment. 600 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. 600 feet from existing on-site sales establishments, except restaurant establishments. Definitions of Off-Site Establishments Convenience Store: A retail establishment that is under 15,000 square feet in size where food, beverage, magazines and auto related items, or any combination thereof, are sold for off-site consumption. Alcoholic beverage sales are considered a primary use when they occur within a retail business that is less than 15,000 square feet in gross floor area. or where the total area of sales is more than 10 percent of the total gross floor area. Food Market Store: A retail establishment where food, beverage, household and personal items, or any combination thereof, are sold for off-site consumption. Alcoholic beverage sales are considered an accessory use when included as part of another retail business that occupies at least 15,000 square feet of gross floor area, and where the total area devoted to alcoholic beverage sales occupies no more than 10 percent of the total gross floor area and are exempt from distance requirements. Alcoholic beverage sales are considered a primary use when they occur within a retail business where the total area of sales is more than 10 percent of the total gross floor area and would be defined as a convenience store. Microbrewery: An establishment that includes beverage production of beer and may include a tasting facility and sales of beer produced on the premises. The establishment shall not include the sale of alcoholic beverages for on-site consumption with the exception of sampling the product within a tasting facility. Restaurant (Take-Out): A retail establishment that sells food prepared on the premises and beverages solely for off-site consumption. Alcoholic Beverage Sales Establishment Guidelines Page 6 III. PERMIT PROCESS IV. Me Applicants requesting approval for the on- or off-site sale and/or consumption of alcoholic beverages shall obtain a conditional use permit issued by the Zoning Administrator or Planning Commission. Projects Subject to the Guidelines The sale of alcoholic beverages for on-site or off-site consumption at new or existing establishments, as regulated by the Zoning Code, Planned Communi _ty District Regulations, or Specific Plans, shall comply with these guidelines. REQUIRED FINDINGS In considering applications for alcoholic beverage sales establishments, the Zoning Administrator and/or the Planning Commission shall find the following: o That the establishment, maintenance and operation of selling alcoholic beverages for on- or off-site consumption or ancillary uses related thereto will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by specified findings. o That the operational characteristics and features of the facility such as the hours of operation, outdoor dining, live entertainment, coin operated video games, and billiard/pool tables, are appropriate for the location and type of use proposed in relation to surrounding residential areas, sensitive uses such as places of worship, parks, schools, hospitals, clinics, convalescent homes, and other similar uses selling or serving alcoholic beverages. ge That the development or modification of an establishment selling alcoholic beverages shall be consistent with the General Plan and Zoning Code. DEVELOPMENT GUIDELINES AND CONDITIONS OF APPROVAL The following guidelines are set forth as recommended conditions of approval to identify desirable project characteristics and operating conditions for specified uses and ensure compliance through incorporation into approval resolutions. Alcoholic Beverage Sales Establishment Guidelines Page 7 1. All Sales Establishments (On-Site and Off-Site Sales): a, Applicants shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorized for the site. A copy shall provided to the City. bo Approved uses shall operate within all applicable State, County and the Tustin City Code. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or of the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject Conditional Use Permit, as provided for the Tustin City Code. C. No loitering signs shall be placed near the entrance on the outside of the premises or in other specified locations where alcoholic beverages are sold. d. All litter shall be removed from the exterior areas around the premises including adjacent public sidewalk areas, and parking areas, no less frequently than once each day that the business is open. e. Public telephones inside and adjacent to the establishment shall be modified to prevent incoming calls. No sexually oriented businesses shall be conducted on the premises without approval by the City in accordance with the Tustin City Code. go ho Business operations shall be in a manner which does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. The applicant shall sign and return an "Agreement to Conditions Imposed" form provided by the Community Development Director which states that the property.owner,, applicant, and/or tenant agrees to comply with all conditions imposed by the City. Failure to comply with the conditions of approval shall be grounds for revocation of the conditional use permit. Alcoholic Beverage Sales Establishment Guidelines Page 8 2. All On-Site Sales Establishments: ao All alcohol shall be consumed on-site with the exception of the provisions stated in the Business and Professions Code Section 23396.5 and 23401. bo Authorization for on-site sales of alcohol in conjunction with the proposed use is contingent upon the use remaining at 'the subject site. At such time the use is discontinued or no longer the primary use of the site, the use permit shall be deemed null and void. C° Ambient noise of the on-site sales facility shall not exceed the standards of the City of Tustin Noise Ordinance. 2.1 Amusement Resorts & Clubs: ae All persons serving alcoholic beverages within an establishment other than a restaurant must be 21 years of age or older. bo No outdoor seating is allowed at the site without approvals in accordance with the Tustin City Code. Co Operating hours shall be determined by the Planning Commission. de The gross annual sales receipts shall be provided to the Community Development Department annually. 2.2 Restaurants: ae The restaurant menu shall consist of foods that are prepared on the premises. bo · No outdoor seating is allowed at the site without approvals in accordance with the Tustin City Code. Co All persons serving alcoholic beverages within a restaurant establishment must be 18 years of age or older and supervised by someone 21 years of age or older. The supervisor shall be present in the same area as point of sale. Alcoholic Beverage Sales Establishment Guidelines Page 9 do The sale of alcoholic beverages within a restaurant establishment shall be limited to the hours when food is available. Service of food menu items shall be during all business hours. e, g, ho Any cocktail lounge or bar area within a restaurant shall function as a food and beverage service bar. One billiard or pool table shall be permitted for every 2,000 square feet of total gross floor area of the restaurant up to a maximum of two (2) tables. A maximum of five coin operated video arcade games, virtual reality games or coin operated games may be located on the premises. Operating hours shall not exceed the hours of other similar businesses within the adjacent vicinity. The gross annual sales receipts shall be provided to the Community Development Department annually. To verify that the gross annual sales of food exceeds the gross annual sales: °f alcohol in an area devoted to an ancillary:use, an~audited financial statement shall be Provided fOr review land apprOved by the Community Development DireCt°r quarterly and/°r annually, as deemed neceSSary!i. ~If the audited financial statement demonstrates that the Sales of alCohol exceeds the sales of fOod in the area deVoted to the:ancillary use' the ancillary. Use(S) sh~ cease ~ediatelY until it can be determined whether the ancilI~ USe is opera~g as a Primary uSe that Would be Subject to ~tance sep~ation requirements. 0 Off-Site Sales: ae All persons selling alcoholic beverages for off-site consumption shall be 21 years of age or older. be No alcoholic beverages shall be consumed on the property or any adjacent property to the licensed premises. Alcoholic Beverage Sales Establishment Guidelines Page 10 Co Refrigerated single serving beverage containers shall be located in an enclosed refrigeration unit no less than 10 feet from the point of sale and a minimum of five feet from the entrance to the premises. do No display, sale or distribution of alcoholic beverages shall be made from an ice tub, barrel or similar container. For establishments selling alcoholic beverages and gasoline, no signs advertising alcoholic beverages may be visible from the exterior of the building or on gasoline pumps or islands. fo Display of alcoholic beverages for sale shall be located at least 25 feet from the location of any video arcade game, virtual reality or coin/token operated games. Alcoholic Beverage Sales Establishment Guidelines Page 11 AGENDA DATE: JUNE 19, 2000 NO. 3 06-19-00 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERINGDIVISION PUBLIC HEARING AND CONSIDERATION OF THE LEVY OF ANNUAL ASSESSMENTS FOR THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2000-01 SUMMARY The City Council will conduct the Public Hearing and providing there is no majority protest, adopt Resolution No. 00-42 confirming the annual assessments for Fiscal Year 2000-01. The City Council at their meeting of March 6, 2000, adopted Resolution No. 00-15 which ordered the preparation of an Engineer's Report for the levy of annual assessments for the Tustin Landscape and Lighting District. Subsequently, at their meeting of May 1, 2000, the City Council adopted the following Resolutions: · Resolution No. 00-29 approving the Engineer's Report for Fiscal Year 2000-01; and · Resolution No. 00-30 declaring the City Council's intention to levy assessments for Fiscal Year 2000-01 and set a public hearing for June 19, 2000. RECOMMENDATION It is recommended that the City Council take the following actions: 1. Open the Public Hearing to receive testimony on the proposed levy of annual assessments for the Tustin Landscape and Lighting District for Fiscal Year 2000-01. (Written protests may be submitted to the City Clerk during the public hearing). 2. Close the public hearing. (Written protests will no longer be accepted). 3. Providing there is no majority protest, it is recommended that the City Council adopt Resolution No. 00-42 confirming the annual assessments for Fiscal Year 2000-01. FISCAL IMPACT The landscape maintenance and public street lighting expenses within the Tustin Ranch area will be recouped through the levy of the annual assessments for the district. Proposition 218 requires publicly owned property which benefits from the improvements be assessed. The City's proposed assessment for FY 2000-0! on parkland within the district is $6,838.16. Public Hearing & Consideration of Levy of Annual Assessment for Tustin Landscape and Lighting District for Fiscal Year 2000-01 June 19, 2000 Page 2 BACKGROUND AND DISCUSSION As a result of the new procedures required by the passage of Proposition 218 on the November 1996 statewide ballot, the 'City decided to re-analyze the District regarding the special benefits associated with the improvements for each property in the District, commencing with the 1997-98 Fiscal Year. Notices and ballots to approve the assessment, including future adjustments based on increases in the Consumer Price Index (CPI), were mailed in the spring of 1997 to all property owners in the district. Subsequently, at the conclusion of'a Public Hearing on July 7, 1997, the majority of returned ballots, weighted by assessed amount, approved the annual assessments. Based on the result of the ballot proceedings, the base assessment rate for Fiscal Year 1997- 98 may be increased in subsequent years by no more than the increase in the CPI for all urban consumers for the Los Angeles, Anaheim and Riverside area. The percent increase in the CPI from February 1999 to February 2000 was 2.8 %. However, a CPI adjustment is not required for Fiscal Year 2000-01 and the assessment rates will remain the same as for Fiscal Year 1999-00. The anticipated increases in the FY 2000-01 operating expenses are being offset by a larger than anticipated fund balance along with maintaining slightly less than a 50% reserve account. The larger than anticipated fund balance is due to savings associated with the irrigation water over the past year. Each year, the City determines how much it will cost to provide the. street lighting and landscape maintenance services in Tustin Ranch. This total cost is divided among the assessable parcels on a proportionate share, based on a special report prepared by consultant engineers. The precise method used to establish each parcel's special benefit may vary according to land usage and benefit area, but similar parcels with equal benefit from the District pay equal assessments. There are approximately 5,408 parcels within the District as compared to 4,871 parcels for FY 1999-00. The District includes three separate benefit areas based upon the special, benefits ' received. Properties located in Benefit Area A pay only for arterial and collector lighting. Properties located in Benefit Area B pay for arterial and collector street lighting as well as parkway, slope, and trail landscaping. Properties are located in Benefit Area C if they have the previously mentioned benefits along with local residential street lighting. Those parcels that pay for local residential street lighting are located within the tracts that have public streets. Typically, owners of single family residential parcels in each area pay an equal share. The proposed assessment to be paid by single-family residential parcels in each of the following benefit areas are: Public Hearing & Consideration of Levy of Annual Assessment for Tustin Landscape and Lighting District for Fiscal Year 2000-01 June 19, 2000 Page 3 Arterial & Collector Street Lighting (ACLT) ............................ $8.04 per year ACLT & Parkway Slope & Trail Landscaping (PSTL) .......... $52.10 per year ACLT & PSTL + Local Residential Lighting ......................... $71.82 per year The total costs to be assessed for lighting and landscape maintenance for Fiscal Year 2000- 01 are $76,023.00 and $336,001.00 respectively for a total operating and maintenance assessment of $412,023.00. The Engineer's Report prepared by Harris & Associates has been filed with the City Clerk and contains the following proposed levy of assessments for Fiscal Year 2000-01 along with a comparable listing to last year's assessment. ASSESSMENT RATE SUMMARY BY LAND USE PROPOSED 2000-01 FISCAL YEAR ASSESSMENT BENEFITAREA A B C LAST YEAR'S ACLT ACTL+PSTL ACLT+PSTL ASSMT. +LRLT FY 99/00 Single Family Res ($/DU) $52.10/DU $71.82/DU * $52.10/DU Multi-Family Res ($/DU) $39.08/DU $39.08/DU Non-Residential (S/ac) $312.60/ac $312.60/ac Non-Res-TustinMarket Place (S/ac) $48.24/ac $48.24/ac Golf Course (S/ac) $208.40/ac $208.40/ac Vacant and Parks (S/ac) $104.20/ac $104.20/ac Last year's assessment FY 1999-00 was $71.82. CONCLUSION Adoption of the attached Resolution No. 00-42 will confirm the levy of assessments for Fiscal Year 2000-01 for the landscape and maintenance and public street lighting expenses within the Tustin Ranch area, Tim D. Serlet ~ Director of Public Works/City Engineer ~/~rr~tteson - - - Associate Civil Engineer TDS:JO:COUNCIL:00-01 L&L Dist Assess Consideration Attachments $ 6 '~0 .~2 -~$ 15 2! 2~ 27 RESOLUTION NO. 00-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA CONFIRMING THE LEVY OF ANNUAL ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE AND PUBLIC STREET LIGHTING EXPENSES IN THE TUSTIN RANCH AREA WITHIN THE BOUNDARIES OF THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT FOR FISCAL YEAR 2000-01 WHEREAS, the City Council of the City of Tustin, California (hereinafter referred to as the "City Council"), has adopted Resolution No. 00-15 initiating proceedings for the annual levy of assessments for the payment of the expenses of providing and servicing public landscaping and public street lighting in the Tustin Ranch area within the boundaries of the Tustin Landscape and Lighting District; and WHEREAS, the City Engineer has prepared and filed with the City Clerk his report (the "Report") containing the matters specified in Section 22565 of Part 2 of Division 15 of the Streets and Highways Code of California as amended the "Code" and Proposition 218; and WHEREAS, the City Council has approved the report as filed on the 1st day of May 2000, with the passage and adoption of Resolution No. 00-29; and WHEREAS, the City Council heretofore by Resolution of Intention No. 00-30, passed and adopted on the 1st day of May 2000, declared its intention to provide for an annual levy of assessment for improvement, maintenance and servicing of public landscaping and street lighting facilities within the boundaries of the territory included within the Tustin Landscape and Lighting District; as more fully described in said Resolution of Intention; and · WHEREAS, the City Council, in and by said Resolution of Intention No. 00- 30 fixed Monday June 19, 2000 at 7:00 p.m. before the City Council at the City Council Chambers, 300 Centennial Way, Tustin, California, as the time and place for a hearing on levying the proposed assessment, and provided for the notice of said hearing; and WHEREAS, the City Clerk has filed with the City Council an affidavit setting forth the time and manner of compliance with.the requirements for posting and publishing set forth in Sections 22552, 22553 and 22554, of the Code and in accordance with Proposition 218, and the City Council hereby finds the Resolution has been posted in the time, form and manner required by law; and WHEREAS, the hearing was duly opened and held by the City Council at the time and place for the hearing; and WHEREAS, all verbal protests or objections made by property owners at the hearing conducted on June 1, 2000, were formally received and reflected in the City Council minutes of said meeting; and WHEREAS, the City Council received all written property owner protests submitted prior to the conclusion of the hearing; and WHEREAS, said City Council proceeded to hear and pass upon any protests, made at the hearing, and on motions duly made and seconded, granted in whole or in part or overruled each and all of said protests and objections, as hereinafter set forth; and WHEREAS, said City Council hereby finds and determines that protests and objections were not made or signed by the owners of more than one-half of the area of the assessable land in said assessment district; and WHEREAS, the public interest and convenience require the maintenance, servicing and operation of those certain public landscaping and lighting facilities within the assessment district; and WHEREAS, all the assessed territory within said assessment district would be specially benefited by the maintenance of improvements described in the Resolution of Intention. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin as follows: Section 1. The foregoing recitals are true and correct and the City Council so finds and determines. All said protests and objections are hereby overruled by the affirmative vote of the members of the City Council voting in favor of the adopting of this resolution. Section 2. The improvements consisting of the maintenance, servicing, and operation of public landscaping and street lighting in the assessment district, as set forth in the Report, a copy of which is on file in the office of the City Clerk, are ordered to be undertaken. Section 3. The Annual Assessments for Fiscal Year 2000-01 as set forth in the Report, copies of which are on file in the office of the City Clerk are hereby confirmed. 1 i2 ~S i9 2'3 2! 2-'_ 25 27 23 Section4. Passage of this Resolution shall constitute a levy of an assessment for the fiscal year referred to in the assessment confirmed herein. Section 5. Pursuant to law, including Article 1 of Chapter 4 of Part 2 of Division 5 of the Code, the City Clerk shall file a certified copy of this Resolution and the diagram and the assessment confirmed by the Resolution, or a certified copy therefore, with the County Auditor of the County of Orange. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 19th day of June 2000. ATTEST: Jeffery M. Thomas, Mayor City Clerk RESOLUTION CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) RESOLUTION NO. 00-42 PAMELA STOKER, City Clerk and ex-officio Clerk of the City of Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution was passed and adopted at a regular meeting of the City Council held on the 19th day of June 2000 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBERABSTAINED: COUNCILMEMBER ABSENT: Pamela Stoker, City Clerk