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HomeMy WebLinkAboutRES CC 1998 1498 1998 0819RESOLUTION NO. 98 - 1498 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, FINDING AND DECLARING CERTAIN EXISTING AND FUTURE PRIVATE ROADS NOT HELD OPEN FOR PUBLIC USE, WITHIN TRACTS 4975, 4976, 4977 and 4980 [LENNAR COMMUNITIES] SUBJECT TO THE PROVISIONS OF THE CALIFORNIA VEHICLE CODE WHEREAS, all of the future roads to be constructed within Tract 4975, 4976, 4977 and 4980 [Lennar], as generally shown on Exhibit'A' attached hereto and made a part hereof, are to be private roads with gated, restricted access; and, WHEREAS, although said private roads are not to be held open for public use, said roads will be in close proximity to or connected with a highway and the interest of those residing on said private roads, as well as the motoring public, will best be served by application of the California Vehicle Code (CVC) to said private roads; and, WHEREAS, the CVC may not be enforced on said private roads generally not held open for public use, unless and until action is taken by the City Council, pursuant to Section 21107.7 of the CVC, making said private road subject to the provisions of said Code; and, WHEREAS, said CVC Section requires that such action may not be taken without the City first receiving a petition requesting said enforcement, signed by the majority of the owners of the property affected; and; WHEREAS, the City is in receipt of a letter from the owner(s) of the residential properties to be developed within Tracts 4975, 4976, 4977 and 4980, requesting that said private streets be subject to the CVC; and, WHEREAS, said CVC Section also requires that such action may not be taken without first holding a public hearing on the matter and that at least ten (10) day prior notice be provided to the owners of the properties affected; and, WHEREAS, such notice was provided to the owner(s) of the residential properties to be developed within Tracts 4975, 4976, 4977 and 4980 [Lennar Communities], advising them of the date and time of a public hearing on the matter; and, WHEREAS, a public hearing has been held on the matter. Resolution No. 98 -1498 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That all of the private roads to be constructed within Tracts 4975, 4976, 4977 and 4980 [Lennar Communities], shall be subject to the provisions of the CVC. SECTION 2. That this resolution shall take effect immediately. PASSED AND ADOPTED this 19th day of August, 1998. 15 ebbie Rodgers eas y, ayor Pro ATTEST: Deborah S. Traffenstedt, Cry Clerk Resc >� ti- _ �. Page 3 �t �� . �� •`�: — fort �i C ..� \ � `•�� ;tip - it - EXHIBI �:. .may i/� V :.; • r l,, r' �. �' � . � --•-1� " ��i�� h.... ;1st hal Resolution No. 98 -1498 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 98 -1498 was adopted by the City Council of the City of Moorpark at a meeting held on the 19th day of August, 1998, and that the same was adopted by the following vote: AYES: Councilmembers Evans, Perez, Teasley, and Wozniak NOES: None ABSENT: Mayor Hunter ABSTAIN: None WITNESS my hand and the official seal of said City this 21st day of August, 1998. D Uraffenstedt, 1 Clerk (seal)