HomeMy WebLinkAboutAGENDA REPORT 2005 0615 CC REG ITEM 08DITEM S . 'D .
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
of
ACTION•
MOORPARK CITY COUNCIL BY.
AGENDA REPORT
To: The Honorable City Council
From: Brad Miller, City Engineer
Date: June 2, 2005 (Council Meeting of 6- 15 -05)
SUBJECT: Consider a Resolution Declaring the Private Parking
Facilities within the Shopping Center [CPD- 2002 -01],
Located at the Northeast Corner of Spring Road and New
Los Angeles Avenue, to be Subject to the Provisions of
the California Vehicle Code
DISCUSSION
A. California Vehicle Code (CVC
Section 21107.8 of the CVC provides for the enforcement of
the CVC within privately owned and maintained off - street
parking facilities, generally held open for use by the public
for vehicular parking, when and if certain conditions and
requirements are met.
It should be noted that CVC Section 21107.8 provides that
only Section 22350 (speed), Section 23103 (reckless driving),
Section 23109 (speed contests) and Division 16.5 [Section
38000 et. Seq.] (off -road vehicles) of the CVC may be
enforced. These CVC Sections do not provide for parking
enforcement.
B. CPD 2002 -01
Condition No. 25 of City Council Resolution No. 2003 -2091,
requires the developer of the Shopping Center, located at the
northeast corner of Spring Road and New Los Angeles Avenue,
to request that the City enforce the CVC within the private
parking lot serving that center.
CVC 1a_spring
CVC Enforcement: La Spring Shopping Center
June 15, 2005
Page 2
C. Petition
Prior to taking action to establish the subject enforcement,
the CVC requires that the property owner (s) file a petition
with the City requesting such enforcement. The City is in
receipt of such a petition (Exhibit 1), as required by the
Conditions of Approval for the CPD.
D. 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.
E. Resolution
The attached Resolution (Exhibit 2) states that the private
parking facilities serving the commercial establishments
within the La Spring Shopping Center, 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 entrances to
private 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.
STAFF RECOMMENDATION
1) Open the public hearing, take testimony, and close the public
hearing; and
2) Adopt Resolution No 2005-
Attachments
Exhibit 1: Letter
Exhibit 2: Resolution
CVC_la_spring o wl f�'-
r7 x�A, V, A A
GREENEWAY
deveIopment,inc
April 7, 2005
Mr. Barry Hogan
amity of N 1,30 l.i a,-'--
799 Moorpark Avenue
Moorpark, CA 93021
Re: LA Spring Shopping Center
Dear Barry:
Per the Conditions of Approval for CPD 2002 -01, condition 925, this letter shall serve as
a formal request that the City Council approve a resolution to enforce Vehicle Codes on
our property known as the LA Spring Shopping Center as permitted by the California
Vehicle Code.
Sincerely,
Larry S. Gr�e e
Manager
LA Spring Shopping Center, LLC
LSGihs
29395 Agoura Road, Suite #204 • Agoura Hills, CA 91301
greenewaydev @aol.com • License # B782550
Tel (818) 879 -4800 • Fax (818) 879 -4808
Exhibit 2
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, FINDING AND DECLARING
CERTAIN PRIVATE PARKING FACILITIES SUBJECT TO
THE PROVISIONS OF THE CALIFORNIA VEHICLE CODE
[LA SPRING SHOPPING CENTER - CPD 2002 -011
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. 2003 -2091 [CPD 2002 -01]
provides, via Condition No. 25 on page 10 of said Resolution, that
the owner of the property encompassed by said CPD (see Exhibit A
attached hereto and made a part hereof) request that the City
enforce the CVC within and upon the privately owned parking
facilities 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 parking
facilities within the areas subject to CPD 2002 -01, 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.).
SECTION 2. That said enforcement shall take effect upon
placement of appropriate signs as required by the aforementioned
Sections of the CVC.
SECTION 3. That the placement
shall be the responsibility of the
required by the CVC.
and maintenance of such signs
property owner /operator, as
00(_ c'"�
Resolution NO. 2003 -
Page 2
SECTION 4. 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 , 2005.
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit `A': Diagram
Patrick Hunter, Mayor
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