HomeMy WebLinkAboutAGENDA REPORT 2005 0907 CC REG ITEM 08DITEM 9. mz,
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
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ACTION:
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MOORPARK C I TY COUNC I L BY: 1!! -.---
AGENDA REPORT
To: The Honorable City Council j
From: Kenneth Gilbert, Director of Public Works
Date: August 15, 2005 (Council Meeting of 9 -7 -05)
SUBJECT: Consider a Resolution Declaring the Private Parking
Facilities Located at the Northwest Corner of Los
Angeles Avenue and Goldman Avenue (IPD- 2000 -10),
Subject to the Provisions of the California Vehicle
Code
DISCUSSION
A. Code Section
Section 21107.8 [ herein "Code Section "] of the California
Vehicle Code (CVC) provides for the enforcement of the
certain portions of the CVC (see Section R of this report) on
privately owned and maintained parking facilities generally
held open for public use, when and if certain conditions and
requirements are met.
B. Industrial Planned Development [IPD] Permit No. 2000 -10
The Casino Self Storage facility [IPD 2000 -101 is located at
the northwest corner of Los Angeles Avenue and Goldman
Avenue. The facility has a public parking lot located
adjacent to Goldman Avenue. Condition No. 45 of City Council
Resolution No. 2003 -2072 (page'16), requires the developer of
this project to request that the City enforce the CVC within
and upon this parking lot.
C. Petition
In accordance with the requirements of Condition No. 45, the
City is in receipt of a letter [Exhibit 11 requesting the
aforementioned Vehicle Code Enforcement.
CVC—Casino
0Q ®ll10
CVC Enforcement: Casino Self Storage
September 9, 2005
Page 2
D. CVC Section 21107.8
Condition No. 45 actually cites CVC section 21107.7 as the
authority for the subject CVC enforcement. That citation is
incorrect. Section 21107.7 pertains to the enforcement of the
CVC on private roads within "gated" communities. The CVC
Section which applies in this case is Section 21107.8:
Private Parking Facilities.
E. CVC Section 21107.8 Applicability
CVC Section 21107.8 provides for the enforcement of only
certain specified Sections of the CVC. Upon adoption of a
Resolution pursuant to CVC Section 21107.8 to only portions
of the CVC which can be enforced within a parking lot are:
Section 22350 (Basic Speed Law), Section 23103 (Reckless
Driving), Section 23109 (Speed Contests) and Division 16.5
[Section 38000 et. Seq.] (Off -Road Vehicles).
F. Public Hearing / Hearing Notice
Pursuant to the requirements of the Code Section, 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 Section.
G. Resolution
The attached Resolution (Exhibit 2) states that the privately
owned and maintained parking facilities at the subject
location, shall be subject to the requirements of the above
cited Sections of the CVC.
H. Signs
The Code Section requires signs to be posted at the entrance
to the parking lot, in order for the subject enforcement to
occur. The attached Resolution directs the property owner to
place and maintain the required signs. The Resolution also
describes the type of sign required.
STAFF RECO14MENDATIONS
1. Open the public hearing,
public hearing.
2. Adopt Resolution No 2005 -
Attachments
Exhibit l: Letter
Exhibit 2: Resolution
CVC Casino
receive testimony and close the
000011
iw-4
July 29, 2005
Ex. 1
Casino Self Storage request that the City Council approve a resolution to enforce vehicle
codes on the subject property as permitted by Vehicle Code Section 21107.7.
Sincerely,
Manuel Asadurian, Jr.
Dean Bryant��`.`_..._
000012
(805) 529 -5252 1 Fax (805) 529 -7390 1 875 West Los Angeles Ave., Moorpark, California 93021
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 CERTAIN PROVISIONS OF THE
CALIFORNIA VEHICLE CODE [CVC] [CASINO SELF
STORAGE / IPD 2000 -101
WHEREAS, CVC Section 21107.8 provides for the enforcement of
CVC Sections 22350 (Basic Speed Law), 23103 (Reckless Driving),
23109 (Speed Contests) and Division 16.5, Section 38000 et. Seq.
(Off -Road Vehicles), upon privately owned and maintained off -
street parking facilities generally held open for use by the
public for vehicular parking; and
WHEREAS, City Council Resolution No. 2003 -2072 [IPD 2000 -10]
provides, via Condition No. 45 (page 16), that the owner of the
property encompassed by IPD 2000 -10, shall request that the City
enforce the CVC within and upon the privately owned parking
facilities at this project; and
WHEREAS the City has received a written request for such
enforcement from the developer / owner of the property; 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 open to the general public, located upon the property
subject to IPD 2000 -10, as generally shown on Exhibit A attached
hereto and made a part hereof, shall be subject to the provisions
of CVC Sections 22350, 23103, 23109 and Division 16.5 (Section
38000 et. Seq.).
Section 2. That said enforcement shall take effect upon
placement of appropriate signs erected in accordance with the
requirements of CVC Section 21107.8.
SECTION 3. That the placement and maintenance of such signs
shall be the responsibility of the property owner / operator, as
required by the CVC.
000013
Resolution NO. 2005 -
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 W: Diagram
Patrick Hunter, Mayor
000014
Resolution No. 2005 -
Exhibit `A'
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VEHICLE CODE
ENFORCED
24 X 18'
E- Sign Copy
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I� Parking Lot
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