Loading...
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the uses and regulation of uses on the property located at 1838 E. Workman Avenue, West Covina, California, is rescinded and shall be of no further force or effect.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: :7 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 0