HomeMy WebLinkAboutAGENDA REPORT 1999 1020 CC REG ITEM 09A5 -3q . 5 Cn, + -I ia. loo (CI-1)
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CITY OF'uIi ORPARK, CALIFORNIA
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City of Moorpark
Agenda Report
TO: The Honorable City Council
FROM: Kenneth C. Gilbert, Director of Public Works
DATE: October 8, 1999 (Council Meeting 10- 20 -99)
SUBJECT: Resolution No. 99- Finding and Declaring That
Certain Private Roads Generally Held Open for Public Use
Shall Be Subject to the Provisions of the California
Vehicle Code [ref.: Tract 5053 [RPD 96 -11 - Pacific
Communities]
EXECUTIVE SUMMARY
This presents for consideration at a public
making the future private roads within
Communities) subject to the provisions of
Code (CVC).
DISCUSSION
A. Requirement
hearing, a resolution
Tract 5053 (Pacific
the California Vehicle
Tract 5053 was approved via adoption of City Council Resolution
No. 99 -1621. Condition No. 48 of that Resolution required the
developer to request that the City enforce the CVC upon the
streets within said tract.
B. Private Roads Held Open to the Public
Although the streets to be constructed within Tract 5053 are to
be private, said streets will be connected to a public highway
and there will be no gates restricting the general public from
using these private streets.
C. Authority
Section 21107.5 of the California Vehicle Code (CVC) states
that a local agency may, by adoption of a resolution, declare
the CVC applicable to private roads generally held open for
public use.
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Pacific Communities: Tract 5053
CVC Enforcement
October 8, 1999
Page 2
D. Public Hearing / Notice
The only prerequisites to the adoption of a Resolution pursuant
to CVC Section 21107.5, are that a public hearing be held prior
to such action and that the owner of the affected property be
provided written notice of such action at least ten (10) day
prior to said public hearing. Notice of the October 20 public
hearing and the intended action was provided to the property
owner in a manner consistent with the requirements of CVC Sec
21107.5.
RECOMMENDED ACTION
Staff recommends that the City Council adopt Resolution No. 99 -_
declaring certain private roads within Tract 5053, which are
generally held open for use by the public, to be subject to the
provisions of the California Vehicle Code.
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RESOLUTION NO. 99 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, FINDING AND DECLARING
THAT CERTAIN PRIVATE ROAD GENERALLY HELD OPEN
FOR PUBLIC USE, WITHIN TRACT 5053 [RPD 96 -11,
SHALL BE SUBJECT TO THE PROVISIONS OF THE
CALIFORNIA VEHICLE CODE
WHEREAS, the future streets to be constructed within Tract
5053 are to be private roads; and
WHEREAS, gates restricting vehicular traffic by the general
public will not be installed; and
WHEREAS, said streets will be connected to a highway and be
generally held open for use by the public; and
WHEREAS, Section 21107.5 of the California Vehicle Code (CVC)
states that, upon adoption of a Resolution by the local agency,
the CVC shall apply to any such private roads; and
WHEREAS, a public hearing has been held on this matter, as
required by the aforesaid Section of the CVC; and
WHEREAS, the owner of the affected property was provided ten
(10) day advance written notice of said public hearing, as
required by the aforesaid Section of the CVC.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the California Vehicle Code shall apply to
those private road generally held open for public use situated
within Tract 5053, as generally described on the map attached as
Exhibit A.
SECTION 2. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be filed
in the book of original resolutions.
PASSED AND ADOPTED this of , 1999.
ATTEST: Patrick Hunter, Mayor
Debbie Traffenstedt, City Clerk
Attachments; Exhibit 'A': Map of Tract 5053
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