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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />C. To the extent that the Fort Bragg standard of "good faith intent to presently <br />commence upon the proposed use" is applicable, it would apply to both revocations, as well as <br />expirations of conditional use permits. <br />D. The Permittee did not sign and execute the initial CUP for over six (6) months <br />after the initial approval, and has failed to seek or obtain any extension of the CUP and failed to <br />demonstrate why it did not seek or obtain any extension of the CUP. <br />E. It has taken Permittee well over four (4) years, and only after numerous demands <br />from City staff, to address Water/Wastewater Department Condition No. 8. <br />SECTION 4. The revocation of this particular CUP is without prejudice, meaning <br />that the owner of the Subject Site, or its authorized representative, may file another land use <br />application for the Subject Site. The City Council hereby directs City staff to work with the <br />owner of the Subject Site on future development of the Subject Site, consistent with applicable <br />laws, including but not limited to, the General Plan and applicable zoning ordinances. <br />SECTION 5. This Resolution shall take effect immediately upon its adoption. <br />SECTION 6. The City Clerk shall certify to the adoption of this Resolution. <br />PASSED, APPROVED AND ADOPTED this th day of February 2009. <br />ATTEST: <br />EILEEN C. GOMEZ <br />City Clerk <br />ONTARIO\RTILFORD\301971.3 <br />KELLY J. CHASTAIN <br />Mayor <br />