2009 RES R-06-09 - Laserfiche WebLink

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1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Commission subsequently approved a modification to the conditions of approval on February 28, 2005; and WHEREAS, Colton Municipal Code section 18.58.070 provides that any land use entitlement described in Chapter 18.58 granted by the Planning Commission becomes null and void if not exercised within one (1) year of the date of approval thereof; and WHEREAS, state decisional law provides that in a development project involving complex governmental and financing commitments a city can only revoke or deny an extension of a conditional use permit pursuant to an automatic expiration provision in its ordinance when the permittee has failed to demonstrate a good faith intent to presently commence upon the proposed use (Community Dev. Comm'n v. City of Fort Bragg 204 Cal.App.3d 1124, 1129) (1988); and WHEREAS, Colton Municipal Code section 18.58.080(A) authorizes the Planning Commission to revoke any land use entitlement, including a conditional use permit, upon a finding that the use for which such approval is granted is not being exercised; and WHEREAS, Colton Municipal Code section 18.58.080(B) requires that (i) the Planning Commission hold a public hearing to determine whether there are grounds to revoke a conditional use permit; (ii) that the City serve written notice of the public hearing on the owner of the property for which the conditional use permit was granted at least ten (10) days prior to such public hearing; and (iii) that the City serve notice of the public hearing personally, or by registered mail, postage prepaid, return receipt requested; and WHEREAS, on October 28, 2008, the Planning Commission conducted a duly noticed public hearing to determine whether the Planning Commission should revoke the CUP, wherein Permittee was afforded the opportunity to rebut the oral and written evidence that City staff presented in its support of the Planning Commission's revocation of the CUP; and WHEREAS, the Permittee was duly and properly notified of a public hearing held on October 28, 2008 to determine whether the Planning Commission should revoke the CUP, and a copy of the notice is attached hereto as Exhibit "B;" and after hearing, by majority vote adopted its Resolution No. R-06-08, cancelling and revoking said permit; and WHEREAS, Colton Municipal Code Section 18.58.070 provides for appeal of the Planning Commission's decision to the City Council de novo; and WHEREAS, Permittee has timely appealed said Planning Commission decision; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLTON: SECTION 1. The Recitals set forth above are true and correct and are incorporated herein by reference.