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Resolution - 2014-43RESOLUTION NO. 2014-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING ASIDE AND VACATING CITY COUNCIL RESOLUTION NO.2014-37 WHEREAS, on June 24, 2014, the City of West Covina Planning Commission (the "Planning Commission") approved Planning Commission Resolution No. 14-5619, which relates to a conditional use permit for a new automobile dealership under one -acre in size at 2505 E. Garvey Avenue (the "Project"); WHEREAS, on July 7, 2014, the Briggs Law Corporation submitted an appeal of the Planning Commission action: WHEREAS, on August 19, 2014, the City Council of the City of West Covina (the "City") held a public hearing on the appeal, considered appellant's written submission and all public comment, and adopted City Council Resolution No. 2014-37 upholding the decision of the Planning Commission and denying the appeal ("City Council Approval"); WHEREAS, the appellant has contended that it did not receive notice of the time and date of the appeal hearing and the City is unable to confirm that such notice was provided to or received by appellant, it is in the best interest of all concerned to set aside City Council Approval and renotice the appeal hearing for a future date. 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) City Council Resolution No. 2014-37 approving Conditional Use Permit No. 14-07; SECTION 2. The City Clerk shall certify as to the passage of this Resolution. APPROVED AND ADOPTED on this 7tn day of October, 2014. C ATT ST: I City Clerk N ckolas S. Lewis 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 7th day of October, 2014 by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN Spence, Sykes, Toma, Warshaw, Herfert None None None City Clerk Ni kolas: S.;Le" wis APPROVED AS TO FORM: City Attorney Kimberly Hall Barlow