HomeMy WebLinkAboutCC 7 RES 89-89 UP 87-6 6-19-89 -: CONSENT CALEN DAR
A .' NO. 7
DATE: ,JUNE 1,, 1,89 ~ I
TO:
~[LLTAH A. HUSTON, CTTY PIANAGER
FROM:
COIIJI~JNI~ DEVELOPHENT DEPARTH~NT
SUBJECT:
,
RESOLUTION NO. 89-89: EXXON APPEAL - USE PERlqIT 87-6
RECOliBIENDATION
It is recommended that the CitY Council adopt Resoiutton No. 89-89.
BACKGROUND
As requested by the City Council at their meeting on June 5, 1989, staff have
prepared a resolution with ftndtngs upholding the Planntng Commission's decision
that Exxon's Use Permit 87-6 expired on June 1, 1988.
Director of Community Development
CAS: ts
Attachment' Resolution No. 89-89
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II.
RESOLUTION NO. 89-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION
" DECISION THAT USE PERMIT 87-6 EXPIRED ON JUNE 1,
1989.
WHEREAS:
A. On June 1, 1987 Tri-State Engineering, on behalf of Exxon
was issued Use Permit 87-6 for off-site sale of beer and
wine in conjunction with a gasoline sales outlet located at
14082 Red Hill Avenue.
B. The Tustln Community Development Department on July 8, 1988
notified Exxon ~hat Use Permit 87-6 was null and void since
Exxon had failed to use the subject premises for off-site
beer and wine sales and had not applied for an extension of
the Use Permit.
C. Exxon subsequently in correspondence to the City dated
March 13, 1989 requested a hearing before the Planning
Commission to consider whether Use Permit 87-6 had expired.
De
A public hearing was duly called, noticed, and held on said
request' on April 24, 1989 and the Planning Commission
determined that Use Permit 87-6 expired on June 1, 1988.
E. On May 1, 1989, Exxon filed an appeal of the Planning
Commission's de'citron that Use Permit 87-6 expired on June
1, 1988. ..
F. A public hearing was duly called, noticed, and held by the
City Council on June 5, 1989. The City Council considered
written evidence from staff and Exxon, and oral testimony.
NOW, THEREFORE, the City Council of the City of Tustin hereby
determines to uphold the Planning Commission decision based on the
following:
1. Tusttn Code Code Section 9293(b) states that a Use' Permit
becomes null and void if not used within one year from the
date of approval or within any longer period of time if so
designated by the Planning Commission or the City Council.
In administering the above section of the Tustin City Code,
it has been and is the Community Development Department's
policy to require that the holder of a use permit request
an extension of the permit if the holder of the permit
anticipates that they may not be able to commence upon or
complete construction of or initiation of the use prior to
the expiration date of the permit, which is one year from
the date of approval. Such requests for extension of time
must be filed before the one-year period expires. This
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Resolution No. 89-89
Page two
requirement Is stated on all Use Permit application
materials received by applicants.
.
Exxon knew of the policy and procedure for administering
Tusttn Ctty Code Sectlon 9293(b) yet failed to ttmely
request an extension of Use Permit 87-6. Exxon and Exxon's
agent, Tri-State Engineering were aware of the City's Use
Permit expiration poltcy and code provisions. Through
Tri-State, Exxon requested on September [0, [987, an
extension of their 'Use Permit 86-30 to construct a
mini-market and gas statton at [4082 Red H111 Avenue
approximately one month prtor to the expiration of the Use
Permit. At a publico hearing before the Planning Commission
on October [2, [987, Exxon attorneys and agents presented
evidence of thetr efforts to commence construction, which
had not yet taken place. The Planning Commission approved
a slx month extension of £xxon's Use Permit 86-30.
.
Subsequent to Exxon's Use Permit 87-6 approval for off-site
sales of beer and wine, the City heard nothing further from
Exxon, Tri-State or anyone else acting on their behalf with
respect to Exxon's or its dealer's efforts to commence the
sale of beer and wine.
'5. To the City's knowledge,. Exxon has never received an
Alcoholic BeveraCFe-' Control (ABC) license to sell beer and
wine at the subdect property and has never sold beer or
wine in conjunction with their mini-market and gasoline
sales at the subject property.
6. Exxon should have shown the Planning Commission its "good
faith" intent to proceed with the use prior to June 1, 1988
and that Use Permit 87-6 became null and void on June 1,
1988, pursuant to Tustin City Code Section 9293(b) in the
absence of ~uch showing by Exxon.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular
meeting on the day of ..i , 1989.
Ursula E. Kennedy,
Mayor
~4ary Wynn,
City Clerk