Resolution - 2014-36RESOLUTION NO. 2014-36
A RESOLUTION OF THE CITY COUNCIL OF THE _CITY OF WEST
COVINA, CALIFORNIA, SETTING ASIDE AND VACATING PLANNING
COMMISSION RESOLUTIONS NO. 13-5516, 13-5517, 13-5518, 13-5519,
13-5520, AND CITY COUNCIL RESOLUTIONS NO.2013-53 AND 2013-54
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 does hereby resolve
as follows
SECTION 1. That the following resolutions are hereby set aside and vacated:
a) Planning Commission Resolution No. 13-5516, recommending
certification of the mitigated negative declaration for the Project;
b) Planning Commission Resolution No. 13-5517, recommending that the
City Council approve General Plan Amendment No. 13-01;
c) Planning Commission Resolution No. 13-5518, recommending that the
City Council approve Zone Change No. 13-01;
d) Planning Commission Resolution No. 13-5519, approving Precise Plan
No. 13-05;
e) Planning Commission Resolution No. 13-5520, approving Tentative Tract
Map No. 72152;
f) City Council Resolution No. 2013-53 adopting the mitigated negative
declaration for the Project;
g) City Council Resolution No. 2013-54 approving General Plan Amendment
No. 13-01;
Resolution No. 2014-36
Page 2
SECTION 2. The City Clerk shall certify as to the passage of this Resolution, and staff
is hereby directed and authorized to shall take such action as is necessary to demonstrate the
City's compliance with the Judgment and the Writ of Mandate.
APPROVED AND ADOPTED on this 10 day of August 2014.
ATTEST:
/&w,
City Clerk Nic olas S. Lewis
Mayor Steve Qerert
I, NICKOLAS S. LEWIS, 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 held thereof on the 19`h day of August 2014 by the
following vote of the City Council:
AYES: Spence, Sykes, Toma, Warshaw, Herfert
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED AS TO FORM:
City Attorney Kimberly Hall Barlow
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