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HomeMy WebLinkAboutRES CC 2003 2049 2003 0205RESOLUTION NO. 2003 -2049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, FINDING AND DECLARING CERTAIN PRIVATE PARKING FACILITIES AND THE ROADS SERVING THOSE FACILITIES, SUBJECT TO THE PROVISIONS OF THE CALIFORNIA VEHICLE CODE ( MOORPARK MARKETPLACE /VTM 5321) WHEREAS, Section 21107.6 of the California Vehicle Code (CVC) provides for the enforcement of the CVC upon privately owned and maintained roads generally held open to the public for purposes of travel 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, City Council Resolution No. 2002 -1952 (CPD 2001 -01/ VTM No. 5321) provides, via Condition No. 54 on page 23 of said Resolution, that the owner of the property encompassed by VTM No. 5321 (see Exhibit 1 attached hereto and made a part hereof) request that the City enforce the CVC within and upon the privately owned parking facilities and access roads 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 access roads within Tract 5321, as generally shown on Exhibit A attached hereto and made a part hereof, shall be subject to the provisions of the CVC. SECTION 2. That the privately owned and maintained parking facilities within Tract 5321, 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.). Resolution No. 2003 -2049 Page 2 SECTION 3. That said enforcement shall take effect upon placement of appropriate signs as required by the aforementioned Sections of the CVC. SECTION 4. That the placement and maintenance of such signs shall be the responsibility of the property owner /operator, as required by the CVC. SECTION 5. The City Clerk shall certify to the this resolution and shall cause a certified resolution in the book of original resolutions. PASSED AND ADOPTED this 5th day of ATTEST: �. S. Deborah S. Traffenst , City Clerk Attachment: Exhibit `A': Diagram adoption of to be filed .. . .. .... . .......................... �04le*w Los Angeles Avenue....,....:..:. Tit 01 J F RETAIL ------ 30.800 SF . ..... Rif #coma: KOWS PARCEL 4. 1 85,686 SF RETAIL CI p 0 30,645 Sit 2 1 M so '4d of 62 S rr CTJ rt I (D LQ (n (D 0 W rt 0 z 0 O O N) 0 Resolution No. 2003 -2049 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) ss. I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2003 -2049 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 5th day of February, 2003, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos, Millhouse, Parvin and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 21St day of February, 2003. G' i AA Deborah enst6dt, City Clerk (seal)