Resolution - 2006-40RESOLUTION NO.2006-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, RESCINDING CITY COUNCIL RESOLUTION
NO. 2005-58 APPROVING VARIANCE NO. 05-01
WHEREAS, the City Council of the City of West Covina has adopted Ordinance No.
• 2147 approving "Specific Plan No. 22" affecting the permitted uses and property regulations for
property located at 1838 E. Workman Avenue, West Covina, California; and
WHEREAS, the City Council of the City of West Covina has previously adopted
Resolution No. 2005-58 approving Variance No. 05-01 affecting the uses and regulation of uses
on the property located at 1838 E. Workman Avenue, West Covina, California; and
WHEREAS, the adoption of Ordinance No. 2147 approving Specific Plan No. 22 has
made Variance No. 05-01 unnecessary; and
WHEREAS, the applicant for Variance No. 05-01, The McIntyre Company, DBA
McIntyre Properties has agreed to the rescission of Variance No. 05-01.
NOW, THEREFORE, the City Council of the City of West Covina, California, does
hereby resolves as follows:
SECTION 1. Based upon the evidence presented, the City Council confirms that
Variance No. 05-01 is no longer necessary for the use, enjoyment and development of the
property located at 1838 E. Workman Avenue, West Covina, California.
SECTION 2. Resolution No. 2005-58 approving Variance No. 05-01 affecting the uses
and regulation of uses on the property located at 1838 E. Workman Avenue, West Covina,
California, is rescinded and shall be of no further force or effect. The rescission of Resolution
No. 2005-58 by the City Council shall not revive the approval of Variance No. 05-01 by
Planning Commission Resolution No. 05-5039.
SECTION 3. The City Clerk shall certify to the passage of this resolution.
ATTEST:
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PASSED AND APPROVED on this 6`h day of June 2006
Mayor Steve 147
Resolution No. 200640
June 6, 2006
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing resolution was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting thereof held on the 6`h day of June 2006, by the following vote of
the City Council:
AYES:
Hernandez, Lane, Sanderson, Herfert
NOES:
None
ABSENT:
Touhey
ABSTAIN:
None
APPROVED AS TO FORM:
66 Attorney AmoldXl. Alvarez-Glasman
LAW
City Clerk Laphe Carrico .
AGREEMENT TO RESCISSION
Applicant, The McIntyre Company, a California corporation, DBA McIntyre Properties
understands and acknowledges that it may possess certain development rights and other rights
from the approval of Variance No. 05-01. Applicant knowingly and voluntarily waives and
relinquishes any development rights or other rights it may possess from the approval of Variance
No. 05-01. Applicant approves and agrees to the rescission of Variance No. 05-01 by the
adoption of this City Council Resolution No. 2006-40. Applicant has been .advised by
independent counsel of its own choosing regarding the signing of this Agreement To Rescission.
The McIntyre Company, a California corporation,
DBA McIntyre Properties
Date: �`�sIa1CYX� By: A4Q
William L. Mchit e
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