HomeMy WebLinkAboutAGENDA REPORT 2005 0907 CC REG ITEM 08EMOORPARK CITY COUNCIL
AGENDA REPORT
ITEM 8. E,,
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
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ACTION:,44QT,4��i ,
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BY:
To: The Honorable City Council
From: Kenneth Gilbert, Director of Public Works
Date: August 15, 2005 (Council Meeting of 9 -7 -05)
SUBJECT: Consider Resolution Declaring the Private Streets
within Tract 5133 to be Subject to the Provisions of
the California Vehicle Code
DISCUSSION
A. Code Section
Section 21107.5 [ herein "Code Section "] of the California
Vehicle Code (CVC) provides for the enforcement of the CVC on
private streets generally held open for public use, when and
if certain conditions and requirements are met.
B. Tract 5133
There are private streets proposed to be constructed within
Tract 5133 [Shea Homes]. Condition No. 46 of City Council
Resolution No. 99 -1666 (page 56), requires the developer of
this subdivision to request that the City enforce the CVC on
those private streets.
C. Petition
Prior to taking action to make any private
the CVC, the Code Section requires that the
file a petition with the City requesting
The City is in receipt of such a petition
petition complies with the requirements of
Condition of Approval.
CVC—T5133
streets subject to
property owners)
such enforcement.
(Exhibit 1) . Said
the aforementioned
000016
CVC Enforcement: Tract 5133
September 7, 2005
Page 2
D. 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.
E. Resolution
The attached Resolution (Exhibit 2) states that the private
streets within Tract 5133, as generally described on the
diagram which has been made part of the Resolution, shall be
subject to the requirements of the CVC.
F. Signs
The Code Section 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 Code Section, 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 for the Tract as the responsible party
for the placement and maintenance of the required signs.
STAFF RECONMMATIONS
1. Open the public hearing,
public hearing.
2. Adopt Resolution No 2005 -
Attachments
Exhibit 1: Letter
Exhibit 2: Resolution
receive testimony and close the
CVC-T5133 000017
�xk • h,1 1
Sheallomes
Caring since 1881
June 19, 2002
Barry Hogan
Community Development Director
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
RE: TTM 5133; RPD 98 -1 Vehicle Code Enforcement
Dear Barry:
In accordance with Condition # 46 of RPD 98 -1 we hereby request the City of Moorpark to
enforce appropriate vehicle codes on subject property as permitted by Vehicle code Section
21 107.7.
Attached for your use is a site plan identifying the project and subject streets.
Sincerely,
Shea Homes
cott Stone
Community Development Manager
Cc: Paul Porter- Senior Planner, City of Moorpark
Li I
000018
Los Angeles/Ventura Area Office
555 Saint Charles Drive, Suite 205, Thousand Oaks, California 91360 tel: 805.5572100 fax: 805.557.2139
RESOLUTION NO. 2005 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, FINDING AND
DECLARING CERTAIN PRIVATE STREETS WITHIN
TRACT 5133 SUBJECT TO THE PROVISIONS OF THE
CALIFORNIA VEHICLE CODE
WHEREAS, Section 21107.7 of the California Vehicle Code (CVC)
(herein the "Code Section ") 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 the Code Section; and
WHEREAS, City Council Resolution No. 99 -1666 [RPD98 -1; T5133]
provides, via Condition No. 46 on page 56 of said Resolution,
that the owner of the property subject to Tract 5133 [herein the
"Property "] shall request that the CVC be enforced upon all of
the private streets within said Tract; and
WHEREAS the City has received a written request for such
enforcement from the owner of the Property,
WHEREAS, said written request satisfies that provision of the
Code Section requiring the owners 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 requirements of the Code Section; and
WHEREAS, notice of such public hearing was provided to the
owner of the Property, in accordance with the requirements of the
Code Section.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the private streets within Tract 5133, as
generally shown on Exhibit 1 attached hereto and made a part
hereof, shall be subject to the provisions of the CVC.
SECTION 2. That the enforcement of the CVC on said private
streets 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 as generally shown on
Exhibit 1.
SECTION 3. That pursuant to the authority set forth in the
Code Section, the owners of the Property, including the
Homeowners' Association representing the future owners of the
lots into which the Property is to be subdivided, shall be
required to place and maintain the signs required by Section 2
herein.
000019
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 `A': Diagram
Patrick Hunter, Mayor
000020
Resolution No. 2005 -
Exhibit 'A'
Tract No. 5133
Legend
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