HomeMy WebLinkAboutAGENDA REPORT 2007 0418 CC REG ITEM 08AMOORPARK CITY COUNCIL
AGENDA REPORT
m- S. A.
CITY OF MOORPARK. CALIFORNIA
City Council Meeting
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ACTION:
in. AW7 .R57�
BY:
To: The Honorable City Council
From: Yugal K. Lail, City Engineer /Public Works Director
Date: March 28, 2007 (Council Meeting of 04- 18 -07)
SUBJECT: Consider a Resolution Declaring the Private Parking Facilities
Located at the Southwest Corner of Campus Park Drive and Collins
Drive (CPD- 2000 -04), 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 E 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. Commercial Planned Development (CPD) Permit No. 2000 -04
The Campus Plaza shopping center (CPD 2000 -04) is located at the southwest
comer of Campus Park Drive and Collins Drive. Certain conditions of approval for
CPD 2000 -04 require 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 the Conditions of Approval of CPD 2000-
04, the City is in receipt of a letter, (Attachment 1) requesting the aforementioned
Vehicle Code Enforcement.
CVC_Campus Plaza 000001
Honorable City Council
April 18, 2007
Page 2
D. CVC Section 21107.8
The letter from the property owner requests enforcement pursuant to CVC section
21107.7. 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 (Attachment 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 RECOMMENDATIONS
1. Open the public hearing, receive testimony and close the public hearing.
2. Adopt Resolution No 2007-
Attachments
1: Letter
2: Resolution
CVC—Campus Plaza 000002
RECEIVED
MAR 0 8 1007
Public Works Department
March 8, 2007
M & M Development
360 Mobile Ave. Suite 213A
Camarillo, Calif. 93010
805 - 383 -1545
Mr.Yugal Lall
City Engineer /Public Works Director
799 Moorpark Rd
City of Moorpark
California, 93021
Dear Mr. Lall
ATTACHMENT 1
RECEIVED
This letter is a request for vehicle code enforcement for Campus Plaza.
Per the project's approved CPD (No 2000 -04) condition number 26 we
are to request the City Council approve a resolution to enforce vehicle
codes on the subject property as permitted by Vehicle Code Section
21107.7.
Please consider this letter as our formal request. If you have any
questions feel free to call me at 805- 383 -1545 or my cell phone 310-
486 -6336. I would appreciate it if you would let me know which
Council agenda this item will be included on.
Thank you, '
l'
David Morehead
Cc: Mr. Joe Fiss
Senior Planner
00000.3
Attachment 2
RESOLUTION NO. 2007 -
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] [CAMPUS PLAZA / CPD 2000 -04]
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, consistent with the Conditions of Approval for CPD 2000 -04, the
owner of that development has requested that the City enforce the CVC within and
upon the privately owned parking facilities at that facility; 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 CPD 2000 -04, 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.
UOOU(: 4
Resolution NO. 2007 -
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 18th day of April, 2007.
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit 'A': Diagram
Patrick Hunter, Mayor
UOOOE:S
Resolution No. 2007 -
Exhibit `A'
0000c 6