HomeMy WebLinkAboutCC RES 89-089
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.
I. 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 that 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 U se Permi t.
C. Exxon subsequently in correspondence to the Clty dated
March 13, 1989 requested a hearing before the Planning
Commission to consider whether Use Permit 87-6 had expired.
D. 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 decision 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.
II. NOW, THEREFORE, the City Council of the City of Tustin hereby
determines to uphold the Planning Commission decision based on the
following
1. Tustln 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.
2. 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
Resolution No. 89-89
Page two
requirement ls stated on all
materials received by applicants.'
Use Permit application
Exxon knew of the policy and procedure
Tustln City Code Section 9293(b) yet
request an extension of Use Permit 87-6.
agent, Tri-State Engineering were aware of the City's Us
Permit expiration policy and code provisions. Throug
Tri-State, Exxon requested on September 10, 1987, a
extension of their Use Permit 86-30 to construct
mini-market and gas station at 14082 Red Hill Avenu
approximately one month prior to the expiration of the Us
Permit. At a public hearing before the Planning Commissio
on October 12, 1987, Exxon attorneys and agents presente
evidence of their efforts to commence construction, whic
had not yet taken place. The Planning Commission approve
a six month extension of Exxon's Use Permit 86-30.
for admi ni steri ng
failed to timely
Exxon and Exxon's
4
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.
To the City's knowledge, Exxon has never
Alcoholic Beverage Control (ABC) license to
wine at the subject property and has never
wine in conjunction with their mini-market
sales at the subject property.
re cetved an
sell beer and
sold beer or
and gasoline
Exxon should have shown the Planning Commission its "good
faith" intent to proceed wi th 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 such showing by Exxon.
PASSED AND ADOPTED by the City Council
meeting on the 19th day of June, 1989.
MarY Wynn,~ - ~
City Clerk
of the City of Tusttn, · 1989.
at a regular
Ursula E. Kennedy,
Mayor
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
MARY E. WYNN, 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 five; that the above
and foregoing Resolution No. 89-89 was duly and regularly introduced, passed
and adopted at a regular meeting of the City Council held on the 19th day of
June, by the following vote:
AYES : COUNCILPERSONS- Kennedy, Edgar, Hoesterey
NOES · COUNCILPERSONS: Kelly, Prescott
ABSTAINED- COUNCILPERSONS: None
ABSENT: COUNCILPERSONS: None