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ITEM #8 CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF FEBRUARY 17, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David R. Zamora, Community Development Director SUBJECT: Revocation of File Index Number (Conditional Use Permit No.) DAP - 000 -262, Del Rio Convention Center, Nightclub, Restaurant, and Banquet Facility. DATE: February 17, 2009 BACKGROUND: On October 28, 2008, the Planning Commission conducted a duly noticed public hearing to determine whether the Planning Commission should revoke conditional use permit, File Index No. DAP -000-262 (the "CUP") for the permittee's failure to demonstrate a good faith intent to presently commence upon the proposed use. After the closure of the public hearing, the Planning Commission adopted Resolution No. R-06-08 revoking the CUP. Following the Planning Commission's revocation, the permittee, Kalama Development, Inc. filed an appeal to the City Council pursuant to Section 18.58.100 of the Colton Municipal Code. On January 26, 2009, the City Council held a duly noticed public hearing to determine whether the City Council should revoke the CUP for the permittee's failure to demonstrate a good faith intent to presently commence upon the proposed use. After the closure of the public hearing, the City Council decided to revoke the CUP without prejudice and instructed City staff to work with the owner of the site, or its authorized representative, on future development of the site — consistent with applicable laws. The City Council also instructed City staff to work with the City Attorney's office to bring back a resolution for City Council approval. FISCAL IMPACT: Unknown at this time. ENVIRONMENTAL IMPACT: The Planning Commission adopted a Negative Declaration for the Project on August 24, 2004, pursuant to the California Environmental Quality Act (CEQA).