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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 />WHEREAS, the Commission subsequently approved a modification to the <br />conditions of approval on February 28, 2005; and <br />WHEREAS, Colton Municipal Code section 18.58.070 provides that any land use <br />entitlement described in Chapter 18.58 granted by the Planning Commission automatically <br />becomes null and void if not exercised within one (1) year of the date of approval thereof; and <br />WHEREAS, state decisional law provides that, in a development project involving <br />complex governmental and financing commitments, a city can only revoke, or deny an extension <br />of a conditional use permit pursuant to an automatic expiration provision in its ordinance, when <br />the permittee has failed to demonstrate a good faith intent to presently commence upon the <br />proposed use subsequent to its approval (Community Dev. Commn v. City of Fort Bragg (1988) <br />204 Cal.App.3d 1124,1129); and <br />WHEREAS, Colton Municipal Code section 18.58.080(A) authorizes the Planning <br />Commission to revoke any land use entitlement, including a conditional use permit, upon a <br />finding that the use for which such approval is granted is not being exercised; and <br />WHEREAS, Colton Municipal Code section 18.58.080(B) requires that (i) the <br />Planning Commission hold a public hearing to determine whether there are grounds to revoke a <br />conditional use permit; (ii) that the City serve written notice of the public hearing on the owner of <br />the property for which the conditional use permit was granted at least ten (10) days prior to such <br />public hearing; and (iii) that the City serve notice of the public hearing personally, or by <br />registered mail, postage prepaid, return receipt requested; and <br />WHEREAS, on October 28, 2008, the Planning Commission conducted a duly <br />noticed public hearing to determine whether the Planning Commission should revoke the CUP, <br />wherein Permittee was properly notified and afforded the opportunity to rebut the oral and written <br />evidence that City staff presented in its support of the Planning Commission's revocation of the <br />CUP; and <br />WHEREAS, after closure of the public hearing, the Planning Commission adopted <br />Resolution No. R-06-08 revoking the CUP; and <br />WHEREAS, Colton Municipal Code Section 18.5 8. 100 authorizes the Permittee to <br />file a written appeal to the City Council within ten (10) days of receiving the Planning <br />Commission's notice of action; and <br />WHEREAS, Permittee appealed the Planning Commission's adoption of <br />Resolution No. R-06-08 revoking the CUP; and <br />WHEREAS, on January 26, 2009, the City Council conducted a duly noticed <br />public hearing to determine whether the City Council should revoke the CUP, wherein Permittee <br />was afforded the opportunity to rebut the oral and written evidence that City staff presented; and <br />WHEREAS, the Permittee was duly and properly notified of the public hearing <br />held on January 26, 2009; and <br />VYIHEREAS, all other legal prerequisites to the adoption of this Resolution have <br />occurred. <br />ONTARIOaTILFORD\301971.3 <br />