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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 />RESOLUTION NO. R-06-09 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OF COLTON, CALIFORNIA, REVOKING CONDITIONAL <br />USE PERMIT, FILE INDEX NO. DAP -000-262, FOR THAT <br />CERTAIN REAL PROPERTY LOCATED AT 1550 <br />FAIRWAY 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") is authorized to hear, approve, deny or revoke conditional use permits <br />that the Planning Commission has previously granted; and <br />WHEREAS, 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 Index 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 entertainment facility intended to encompass six (6) <br />contiguous vacant parcels located on the Subject Site; and <br />WHEREAS, Former 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 />28 <br />11 <br />ONTARIO\RTILFO RD\300046.1 <br />