HomeMy WebLinkAboutAGENDA REPORT 2003 0205 CC REG ITEM 08BMOORPARK CITY COUNCIL
AGENDA REPORT
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BY: YhA.LZA Agate A:�
To: The Honorable City Council
From: Kenneth Gilbert, Director of Public Works 7 �
Date: January 24, 2003 (Council Meeting of 2 -5 -03)
SUBJECT: Consider Adoption of a Resolution Declaring the Private
Access Roads and Parking Facilities at the Moorpark
Marketplace [T- 5321], Located at the Southeast Corner
of Miller Parkway and New Los Angeles Avenue, to be
Subject to the Provisions of the California Vehicle
Code
DISCUSSION
A. Code Section
Sections 21107.6 and 21107.8 [herein ''Code Sections ''] of
the California Vehicle Code (CVC) provide for the enforcement
of the CVC within and upon private parking facilities and the
roads serving those facilities, when and if certain
conditions and requirements are met.
B. Tract 5321
Condition No. 54 of City Council Resolution No. 2002 -1952,
requires the developer of the Moorpark Marketplace
development, at the corner of Miller Parkway and New Los
Angeles Avenue, to request that the City enforce the CVC on
those private roads and parking facilities.
C. CVC Section 21107.7
Condition No. 54 actually cites CVC section 21107.7 as the
authority for such enforcement. That citation is incorrect.
Section 21107.7 pertains to the enforcement of the CVC on
private roads within ''gated'' communities. The CVC sections
which apply in this case are:
• Section 21107.6: Private Roads Serving Commercial
Establishments; and
• Section 21107.8: Private Parking Facilities.
CVC-marketplace 0000:15
CVC Enforcement: Moorpark Marketplace
January 24, 2002
Page 2
D. Petition
Prior to taking action to establish the subject enforcement,
the Code Sections requires that the property owner(s) file a
petition with the City requesting such enforcement. The City
is in receipt of such a petition. Said petition complies with
the requirements of the aforementioned Condition of Approval.
E. Public Hearing / Hearing Notice
Pursuant to the requirements of the Code Sections, this
matter is being considered at a public hearing. A notice of
this hearing has been provided to the property owner, in
accordance with the requirements of the Code Sections.
F. Resolution
The attached Resolution states that the private roads and
parking facilities serving the commercial establishments
within Tract 5321, as generally described on the diagram
which has been made part of the Resolution, shall be subject
to the requirements of the CVC.
G. Signs
The Code Sections require signs to be posted at the entrances
to private roads and parking facilities, advising the driving
public that the CVC is enforced within those facilities. The
Code Sections require the property owner or operator to place
and maintain these signs. A letter will be sent to the
property owner advising of these responsibilities.
RECOMMENDATION
Adopt Resolution No 2003-
Attachments
Exhibit 1: Resolution
CVC marketplace 000016
Exhibit 1
RESOLUTION NO. 2003 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, FINDING AND
DECLARING CERTAIN PRIVATE PARKING FACILITIES
AND THE ROADS SERVING THOSE FACILITIES,
SUBJECT TO THE PROVISIONS OF THE CALIFORNIA
VEHICLE CODE [ MOORPARK MARKETPLACE / VTM
5321]
WHEREAS, Section 21107.6 of the California Vehicle Code (CVC)
provides for the enforcement of the CVC upon privately owned and
maintained roads generally held open to the public for purposes
of travel to serve commercial establishments; and
WHEREAS, CVC Section 21107.8 provides for the enforcement of
CVC Sections 22350, 23103 and 23109 and Division 16.5 (Section
38000 et. Seq.) upon privately owned and maintained off - street
parking facilities which are generally held open for use by the
public for vehicular parking; and
WHEREAS, City Council Resolution No. 2002 -1952 [CP 2001 -01 /
VTM No. 53211 provides, via Condition No. 54 on page 23 of said
Resolution, that the owner of the property encompassed by VTM No.
5321 (see Exhibit 1 attached hereto and made a part hereof)
request that the City enforce the CVC within and upon the
privately owned parking facilities and access roads within that
project; and
WHEREAS the City has received a written request for such
enforcement from the developer / owner of the property which
satisfies the provision of the aforesaid CVC Sections requiring
the owner of the property to submit a petition requesting the
aforesaid enforcement of the CVC; and
WHEREAS, a public hearing on this matter was convened
pursuant to the requirements of the CVC and notice of said public
hearing was provided to the property owner as required by the
CVC.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the privately owned and maintained access
roads within Tract 5321, as generally shown on Exhibit A attached
hereto and made a part hereof, shall be subject to the provisions
of the CVC.
SECTION 2. That the privately owned and maintained parking
facilities within Tract 5321, as generally shown on Exhibit A,
shall be subject to the provisions of CVC Sections 22350, 23103
and 23109 and Division 16.5 (Section 38000 et. Seq.).
000017
Resolution NO. 2003 -
Page 2
Section 3. That said enforcement shall take effect upon
placement of appropriate signs as required by the aforementioned
Sections of the CVC.
SECTION 4. That the placement and maintenance of such signs
shall be the responsibility of the property owner / operator, as
required by the CVC.
SECTION 5. 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 day of , 2003.
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit -A': Diagram
Patrick Hunter, Mayor
000018
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