HomeMy WebLinkAbout99_038 PC ResolutionPC RESOLUTION NO. 99-038
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING APPROVAL OF
PLANNING APPLICATION NO. PA99-0274 (DEVELOPMENT
AGREEMENT) BETWEEN THE CITY OF TEMECULA AND ELI
MLLY AND COMPANY
THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, to resolve potential litigation resulting from the City's acquisition of property
through eminent domain, the City of Temecula and the property owner, Eli Lilly and Company
have agreed to enter into~a development agreement; and
WHEREAS, in accordance with the procedure specified in City Resolution 91-52 and the
Development Code, the City of Temecula has initiated said Development Agreement with Eli
Lilly and Company; Planning Application No, PA99-0274, (hereinafter "Development
Agreement'S; and, ,
WHEREAS, the Planning Commission held a noticed public hearing on September 29,
1999, on the issue of recommending approval or denial of the Development Agreement.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES FIND AS FOLLOWS:
Section 1. That the Planning Commiss.ion recommends that the City Council adopt and
approve the Ordinance approving the Development Agreement contained in Attachment "A"
attached hereto and incorporated herein by this reference,
Section 2. That in recommending adoption by the City Council of an Ordinance
approving the Development Agreement, the Planning Commission hereby makes the following
findings:
(a) The Development Agreement is consistent with the objectives, policies,
general land uses, and programs specified in the City of Temecula General Plan in that the
Development Agreement makes reasonable provision for the use of certain real property for
industrial, commercial and residential development; and,
(b) The Development Agreement complies with the goals and objectives of
the Circulation Element of the General Plan and the traffic impacts of the development over the
period of the Development Agreement will be substantially mitigated by the mitigation measures
and conditions of approval imposed; and,
(c) The project subject to the Development Agreement is compatible with the
uses authorized in, and the regulations prescribed for the zoning district in which the Property
subject to the Development Agreement is located, and that this Development Agreement is
consistent with good planning practices by providing for the opportunity to develop the Property
consistent with the General Plan; and,
(d) The Development Agreement is in conformity with the public
convenience, general welfare, and good land use practica because it makes reasonable
provision for a balance of land uses compatible with the remainder of the City; and,
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(e) The Development Agreement will not be detrimental to the health, safety,
or general welfare because it provides adequate assurances for the protection thereof; and,
(f) Notice of the public hearing before the Planning Commission was
published in a newspaper of general circulation at least ten (10) days before the Planning
Commission public hearing, and mailed or delivered at least ten (10) days prior to the hearing to
the project applicant and to each agency expected to provide water, sewer, and police and fire
protection, and to all property owners within six hundred feet (600') of the property as shown on
the latest equalized assessment roll; and,
(g) Notice of the public hearing before the Planning Commission included the
date, time, and place of the public hearing, the identity of the hearing body, a general
explanation of the matter to be considered, a general description and text or diagram of the
location of the real property that is the subject of the hearing, and of the need to exhaust
administrative remedies; and,
(h) The benefits that will accrue to the people of the City of Temecula from
this legislation and this Development Agreement are the mutually agreeable resolution of
eminent domain issues that could have otherwise resulted in litigation.
Section 3. The Secretary of the Planning Commission shall cause this Resolution
to be transmitted to the City Council for further proceedings in accordance with State law.
Section 4. PASSED, APPROVED AND ADOPTED this 29th day of September, 1999.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the 29th day of
September, 1999 by the following vote of the Commission:
AYES:
NOES:
ABSENT:
4 PLANNING COMMISSIONERS: FAHEY, GUERRIERO,
MATHEWSON, WEBSTER
0 PLANNING COMMISSIONERS: NONE
1 PLANNING COMMISSIONERS: NAGGAR
ebbie Ubnoske, Secretary
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