Ordinance - 2264ORDINANCE NO.2264
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, REPEALING ORDINANCE NO. 2248
WHEREAS, on June 25, 2013, the City of West Covina Planning Commission (the
"Planning Commission") approved the following Planning Commission resolutions: Resolution
No. 13-5516 recommending the City Council certify a mitigated negative declaration, Resolution
No. 13-5517 recommending the City Council approve General Plan Amendment No. 13-01,
Resolution No. 13-5518 recommending the City Council approve Zone Change No. 13-01,
Resolution No. 13-5519 approving Precise Plan No. 13-05, Resolution No. 13-5520 approving
Tentative Tract Map No. 72152, all of which relate to the development of 135 residential unit
Bella Vista Condominium Project at 1611, 1623, and 1733 West San Bernardino Road (the
"Project") (collectively "Planning Commission Approvals");
WHEREAS, on July 16, 2013, the City Council of the City of West Covina (the "City")
adopted City Council Resolution No. 2013-53 adopting the mitigated negative declaration for the
Project, City Council Resolution No. 2013-54 approving General Plan Amendment No. 13-01,
and Ordinance No. 2248 approving Zone Change No. 13-01 adopted by the City Council on
August 6, 2013 (collectively "City Council Approvals");
WHEREAS, the Planning Commission and City Council Approvals were challenged in
Coalition for Land Use Equity v. City of West Covina, et al. (LASC Case No. BS 144547) (the
"Action") and, on July '31, 2014, the trial court entered judgment in the Action in favor of
petitioners in part and in favor of the City and the developer of the Project in part, granting a
peremptory writ of mandate ("Writ of Mandate") directing the City to set aside and rescind the
Planning Commission and City Council Project Approvals; and
WHEREAS, the judgment requires the City to set aside and vacate the Project Approvals _
in compliance with Writ of Mandate, and to file evidence thereof with the court.
NOW, THEREFORE, the City Council for the City of West Covina, California, does
hereby ordain as follows:
SECTION 1. That Ordinance No. 2248, "An Ordinance of the City Council of the City of
West Covina, California, approving Zone Change No. 13-0l," is hereby repealed.
SECTION 2. If any part of this ordinance, or its application to any person or
circumstance, is held to be invalid, the remainder of the ordinance, including the application or
provision to other persons or circumstances, shall be not be affected and shall continue in full
force and effect. To this end, the provisions of this ordinance are severable.
SECTION 3. The City Clerk shall certify to the passage and adoption of this ordinance
and shall cause the same to be published as required by law.
APPROVED AND ADOPTED on this 2"d day of September 2014.
Mayor Stev Herf
ATTEST:
ity Clerk Ni kolas S. Lewis
Ordinance No. 2264
Page 2
I, NICKOLAS S. LEWIS, CITY CLERK of the City of West Covina, California, do hereby
certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 19t" day of August 2014. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 2nd day of
September 2014 by the following vote:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk Nickolas Sj Lewis
APPROVED AS TO FORM:
City Attorney Kimberly Hall Barlow
CERTIFICATION
1, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do
hereby certify that a true and accurate copy of Ordinance No. 61/ was duly enacted
and passed by the West Covina City Council, and- caused to be posted pursuant to law (G.C.
36933), at the following locations:
West Covina City Clerk's Office (3rd floor)
Los Angeles County Public Library (West Covina Branch)
West Covina Police Department (front lobby)
Susan Rush, Assistant City Clerk
Posted: .fi f�, .20/4