The URL can be used to link to this page

Home My WebLink AboutAGENDA REPORT 2003 1119 CC REG ITEM 08AITEM 7- A . AA - d_-- -� MOORPARK CITY COUNCIL AGENDA REPORT To: The Honorable City Council From: Kenneth Gilbert, Director of Public Works Date: November 7, 2003 (Council Meeting of 11- 19 -03) SUBJECT: Consider Adoption of a Resolution Declaring the Private Streets and Parking Facilities within Tract 4928 to be Subject to the Provisions of the California Vehicle Code DISCUSSION A. Gated Streets Section 21107.7 of the California Vehicle Code (CVC) provides for the enforcement of the CVC on private streets not generally held open for public use, when and if certain conditions and requirements are met. B. Country Club Parking Lot Sections 21107.6 and 21107.8 of the CVC provides for the enforcement of the CVC on private parking facilities, and the roadways serving same, when and if certain conditions and requirements are met. C. Tract 4928 [Toll Brothers There are private, gated streets within Tract 4928 -1, -2 and -3. There is also a private parking facility at the Moorpark Country Club. The Conditions of Approval for this development required the developer to request that the City enforce the CVC on these private streets and parking facilities. CVC-T4928 000002 CVC Enforcement: November 7, 2003 Page 2 D. Petition Tract 4928 [Toll Bros.] Prior to taking action to make any private streets or parking facilities subject to the CVC, the CVC requires that the property owner(s) first 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 CVC, 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 CVC. F. Resolution The attached Resolution states that the private streets and parking facilities within Tracts 4928 -1, 4928 -2 and 4928 -3, 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 CVC requires signs to be posted at the entrance to each private street in order to enforce the CVC on such streets. The location of such signs is generally depicted on the aforesaid diagram made part of the attached Resolution. Pursuant to the authority set forth in the CVC, the City may direct the property owner to place and maintain the required signs. The attached Resolution stipulates such a requirement. Said stipulation also identifies the future Homeowners Association and the manager of the Golf Course as the responsible parties for the placement and maintenance of the required signs. RECOMMENDATION Adopt Resolution No 2003- Attachments Exhibit 1: Resolution CVC_T4928 000003 RESOLUTION NO. 2003 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, FINDING AND DECLARING CERTAIN PRIVATE STREETS AND PARKING FACILITIES WITHIN TRACTS 4928 -1, 4928 -2 AND 4928 -3 TO BE SUBJECT TO THE PROVISIONS OF THE CALIFORNIA VEHICLE CODE WHEREAS, Section 21107.7 of the California Vehicle Code (CVC) provides for the enforcement of the CVC on private streets not generally held open for public use, upon compliance with certain conditions and requirements as set forth in said CVC Section; and WHEREAS, Section 21107.6 of the CVC provides for the enforcement of the CVC upon privately owned and maintained roads generally held open to the public 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, the Conditions of Approval for Tracts 4928 -1, 4928 -2 and 4928 -3 [herein the "Property"] require the owner of the Property to request that the CVC be enforced upon the private streets and parking facilities within the Property; and WHEREAS the City has received a written request for such enforcement from the owner of the Property, WHEREAS, said written request satisfies those provisions of the CVC requiring the owner of the Property to submittal a petition requesting the aforesaid enforcement of the CVC; and WHEREAS, a public hearing on this matter was convened pursuant to the applicable sections of the CVC; and WHEREAS, notice of such public hearing was provided to the owner of the Property, in accordance with the requirements of the applicable Sections of the CVC. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the private streets within the Property, as generally described on Exhibit 'A' attached hereto and made a part hereof, shall be subject to the provisions of the CVC. 000004 Resolution NO. 2003 - Page 2 SECTION 2. That the privately owned and maintained access roads to the Country Club parking lot located upon the Property, shall be subject to the provisions of the CVC. SECTION 3. That the privately owned and maintained Country Club parking lot located upon the Property, shall be subject to the provisions of CVC Sections 22350, 23103 and 23109 and Division 16.5 (Section 38000 et. Seq.). SECTION 4. That the enforcement of the CVC on said private streets and parking facilities shall become effective upon the placement and maintenance of signs giving notice of such enforcement, said signs to placed at the entrances to each private street and entrance to the private parking facility. SECTION 5. That pursuant to the authority set forth in the CVC, the owners of the Property, and /or any Homeowners' Associations controlling the private streets or managers controlling the Golf Course, shall be required to place and maintain the signs required by Section 4 herein. SECTION 6. 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 ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit 'A': Diagram 2003. Patrick Hunter, Mayor 000005 47� ,d ca .7' h z70 r. 6� .lybbd '&00� s Q Q 8n70 �b O 1N�0 C9 , 0 '✓ `'� w s 00�Y � �l ly; ♦ 1� w�� i l �9' �� it ., s % 1 �� 4 1 ( w 1� �'.rn o J rl � ♦ <� \ w ° °•aa�11 �, � �f� � � { �� // (..n� b �,_ � .. +o- y �"r - - '1 4 a � d ✓' Ir.0 4 4 17w` � 'i / � a_ / � 4 � I� A ! • 1 l 4 w ' J, b b�