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Res 86-057RESOLUTION NO. B6-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIAv DETERMINING THAT CONDITIONAL USE PERMIT 83-04R HAS NOT LAPSED. WHEREAS, the City Council finds the following facts to be true and correct: In January 1984, the City Council approved CUP 83-04. Subsequent to that date the developer obtained a grading permit and permits to install public improvements and between that date and this date has essentially completed the grading and the public improvements required of the project. This grading has been performed and the improvements installed at substantial expense to the developer. Both the grading and the public improvements were site specific and in many reSpects do not lend themselves to aQy other project other than the project approved by the City Council. In March 1985, the applicant filed its application for a revised Conditional Use Permit for this project which was designated by the Staff as Conditional Use Permit No. 83-04R. On April 16, 1985, the City Council granted CUP 83-04R enumerating certain conditions in the resolution of approval and subject further to all of the provisions of the Poway Municipal Code including Section 17.48.080 thereof. On June 13, 1985, the developer submitted building plans which were subsequently returned with corrections on several occasions. On December 20, 1985, the Department of Planning Services indicated to the applicant that the plans were satisfactory and building permits would issue upon request. On January 8, 1986, the developer wrote to the City Council requesting "an extension of our plan check" time of an additional 180 days. The Department of Planning Services did not formally respond to that request until its letter of April 14,1986. By that letter the Department of Planning Services granted the developer's request "for extension of building permit application" to June 13, 1986. The developer has relied upon the three-month silence of the Staff between January and April and on the letter of April 14, 1986, in not requesting the issuance of building permits. The extension of time to pull building permits was granted pursuant to UBC Section 304(c). It was reasonable for both the Staff and the developer to believe that one extension of time to pull permits after the plans had been approved by Staff was authorized by the UBC. WHEREAS, the City Council finds that the following local law applies to this Conditional Use Permit: Poway Municipal Code Section 17.48.080 provides that a Conditional Use Permit shall lapse and become void one year following the date upon which the use permit was approved unless prior to the expiration of one year any one of four events occur. The one-year period for Conditional Use Permit 83-04R was April 16, 1985, through April 16, 1986. Section 17.48.080(A)(4) provides that the Conditional Use Permit does not lapse or become void if prior to the expiration of one year "the use which was the subject of the use permit application is commenced." This is so even if a building permit is not issued within that one-year period. Issuance of a building permit within the one-year period is an entirely separate and alternative method of preventing the lapse of the Conditional Use Permit. That alternative is provided in Section 17.48. 080 (A) (1). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES RESOLVE AS FOLLOWS: 1. Conditional Use Permit 83-04R did not lapse if any one of the four alternatives provided by Poway Municipal Code Section 17.48.080(A) occurred within the one-year period. 2. The City Council finds that in the instant case virtually all of the grading for the project and all of the public improvements have been performed and installed; that the nature of the grading and the public improvements were site specific and in many respects do not lend themselves to any project other than the project approved by the City Council; that the costs of performing the grading and installing the public improvements was substantial and was expended in reliance upon the issuance of the Conditional Use Permit; that the building plans have been submitted by the developer and have been approved and are ready for the issuance of building permits; that a timely request for the extension of time for the issuance of building permits was made and granted and that the developer relied first upon the silence of the Staff in its delay in responding to said request and then upon the approval of said request; and that for all of the reasons stated herein the City Council finds that the use has been commenced as contemplated by Poway Municipal Code Section 17.48.080(A)(4). 3. The City Council further finds that the delay on the part of the Staff in responding to the developer's letter of January 8, 1986, together with the issuance of the Staff letter of April 14, 1986, caused the developer to delay pulling building permits, that the reliance of the developer was reasonable, and that the City would be legally precluded from denying this developer the additional time period to June 13, 1986, within which to pull building permits. APPROVED AND ADOPTED by the City Council of the City of Poway, State of California, this 277~ay of May, 1986. CARL R. KRUSE ATTEST: Marjorie~.K. Wahlsten, City Clerk