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<br />RESOLUTION NO. R- 10-09
<br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
<br />COLTON, CALIFORNIA, REVOKING CONDITIONAL USE
<br />PERMIT, FILE INDEX NO. DAP -000-262, FOR THAT
<br />CERTAIN REAL PROPERTY LOCATED AT 1550 FAIRWAY
<br />DRIVE
<br />WHEREAS, pursuant to California Constitution Article XI, § 7, the state Zoning
<br />and Planning Law (Government Code section 65800-65907), and Chapter 18.58 of the Colton
<br />Municipal Code, the City of Colton ("City"), through the City of Colton Planning Commission
<br />("Planning Commission") and, upon appeal, the City Council, is authorized to hear, approve,
<br />deny or revoke conditional use permits that the Planning Commission has previously granted; and
<br />V,THEREAS, Colton Municipal Code section 18.58.060 authorizes the Planning
<br />Commission to grant conditional use permits for the purpose of allowing certain uses that
<br />contribute to the orderly growth and development of the City to be properly integrated into the
<br />overall community pattern and zone where located; and
<br />WHEREAS, Colton Holdings, LP filed an application on or about March 24, 2004,
<br />File hidex No. DAP -000-262, for a conditional use permit (the "CUP") to allow the development
<br />and use of certain real property located at 1550 Fairway Drive, Colton, California, more
<br />specifically described in Exhibit "A" ("Subject Site"); and
<br />WHEREAS, Colton Holdings, LP proposed to use the Subject Site for an 87,500
<br />square foot restaurant, nightclub and outdoor entertaim-nent facility intended to encompass six (6)
<br />contiguous vacant parcels located on the Subject Site; and
<br />WHEREAS, Fonner owner in fee of the Subject Site, Colton Holdings, LP,
<br />conveyed the Subject Site to Kalama Development, Inc. through that certain "Grant Deed" dated
<br />August 5, 2004. Said Grant Deed was recorded in the Official Records of San Bernardino
<br />County, California on August 31, 2004 under Document No. 2004-0630680; and
<br />WHEREAS, the Planning Commission approved the CUP for the proposed use on
<br />August 24, 2004 subject to numerous conditions; and
<br />WHEREAS, Water/Wastewater Department Condition No. 8 provides that "any
<br />easement issues or alley vacation shall be settled either before approval of the final map, or
<br />issuance of building permits, whichever is applicable;" and
<br />WHEREAS, Expiration Condition No. 1 provides that "this approval shall be null
<br />and void one (1) year from date of approval if building permits or approved activity has not
<br />occurred within twelve (12) months of approval;" and
<br />WHEREAS, Shry-Jin Tsay, on behalf of Kalama Development, Inc. ("Permittee"),
<br />signed the Acknowledgement of Conditions of Approval on March 3, 2005; and
<br />ONTARIO\RTILFORD\301971.3
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