HomeMy WebLinkAboutAGENDA REPORT 2010 0901 CC REG ITEM 08AMOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Dave Klotzle, Assistant City Engineer
Prepared By: Joseph Fiss, Principal Pla ner
DATE: August 11, 2010 (CC Meeting of 09/01/10)
ITEM 8.A.
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
A TION:
o-
SUBJECT: Consider a Resolution Declaring the Private Roads within Tract 5425,
Subject to the Provisions of the California Vehicle Code (CVC)
DISCUSSION
A. Tract 5425/5133
Tract 5425 is located on the south side of Los Angeles Avenue, east of Millard
Avenue, and includes Fremont Street. The Conditions of Approval for the tract,
and for Modification No. 1 to RPD 1994 -04 (Tract 5133) require the developer of
this project to request that the City enforce the CVC on these privately owned and
maintained roads and parking facilities, including the recreation area shared by
Tract 5133 and Tract 5425. On September 7, 2005, the City Council adopted
Resolution 2005 -2375 declaring the private streets within Tract 5133 to be subject
to the CVC.
B. Petition
In accordance with the requirements of the Conditions of Modification No. 1 to
RPD 1994 -04 the City is in receipt of a letter, (Attachment 1) requesting the
aforementioned Vehicle Code Enforcement.
C. Code Section
Section 21107.7. (herein "Code Section ") of the CVC provides for the enforcement
of the CVC on privately owned and maintained roads not generally held open for
public use and shall be subject to these provisions of the CVC when and if certain
conditions and requirements are met.
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Honorable City Council
September 1, 2010
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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 (Attachment 2) states that the privately owned and
maintained roads at the subject location shall be subject to the requirements of
the previously cited Sections of the CVC.
F. Signs
The Code Section requires signs to be posted at the entrance to the privately
owned and maintained roads at the subject location, in order for the subject
enforcement to occur. The attached Resolution directs the property owner to
place and maintain the required signs.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
1. Open the public hearing, receive testimony and close the public hearing.
2. Adopt Resolution No. 2010 -
ATTACHMENTS
1. Letter
2. Resolution
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Attachment 1
Sheaf- omes
Caring atrae 1881
Our Vision... to be the most reVecud balder in the country.
June 16, 2010
RECEIVED
701!1
WY ui Moorpark
Joseph Piss Community nevelopruant
Principal Planner
City of Moorpark
799 Moorpark Ave.
Moorpark, CA
Subject: Canterbury Lane Rec Center Conditions of Approval Item No. 14
Dear Mr. Fiss,
Please let this letter serve as Shea Homes' formal request for City Council to approve a resolution to enforce
California Vehicle Codes (CVC) on all private streets in Tract Map No. 5133 and Vesting Tentative Tract Map
No. 5425, including Fremont Street as permitted by the CVC. Accompanied with this letter Is a check for
$5,000 to cover future costs of creating and operating a preferential parking district should the residents of
Fremont Street wish to establish preferential resident parking in the future.
Please let us know if you have questions or need additional information. I can be reached at (714) 936 -3013
or brooke. masd)sheahomes.com.
Sincerely,
Shea Homes Limited Partnership
Brooke Thomas
Community Development Manager
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Attachment 2
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, FINDING AND DECLARING
CERTAIN PRIVATE STREETS AND PARKING FACILITIES
IN TRACT 5425 SUBJECT TO CERTAIN PROVISIONS OF
THE CALIFORNIA VEHICLE CODE (CVC)
WHEREAS, Section 21107.7 of the California Vehicle Code (CVC) provides for
the enforcement of the CVC on privately owned and maintained roads that are not
generally open for the use of the public for purposes of vehicular travel; upon
compliance with certain conditions and requirements as set forth in said CVC Section;
and
WHEREAS, consistent with the Conditions of Approval for Vesting Tentative Tract
Map 5425 and Modification No. 1 to RPD 1994 -04 [herein the "Property"] require the
owner of that Property to request that the City enforce the CVC within and upon the
privately owned and maintained roads within the Property; and
WHEREAS, the City has received a written request for such enforcement from the
owner of the Property; and
WHEREAS, said written request satisfies those provisions of the CVC 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 roads not generally open
to the public, located upon the property subject to Vesting Tentative Tract Map 5425
and Modification No. 1 to RPD 1994 -04, as generally shown on Exhibit 'A' attached
hereto and made a part hereof, shall be subject to the provisions of CVC.
SECTION 2. That the said enforcement of the CVC on said privately owned and
maintained roads shall take effect upon placement and maintenance of appropriate
signs erected in accordance with the requirements of CVC Section 21107.7.
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Resolution No. 2010 -
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SECTION 3. That the placement and maintenance of such signs shall be the
responsibility of the property owner and /or the Homeowners' Associations' controlling
the privately owned and maintained roads, as required by the CVC.
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 1st day of September, 2010.
Janice S. Parvin, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit 'A': Location Map
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LOCATION MAP
Exhibit A
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