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HomeMy WebLinkAboutAGENDA REPORT 1999 0421 CC REG ITEM 09ECity of Moorpark Agenda Report TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public 53-1 . 5 (mil ITEM R, E . - - - CITY OF ogOORPARK, CALIFORNIA City Council Meeting of q ) -I `�lW ACTIO',:`� 4V_0 d "�i( —U BY: Works DATE: March 30, 1999 (Council Meeting 4- 21 -99) SUBJECT: Resolution No. 99- to Enable the Enforcement of the California Vehicle Code in the Privately Owned Parking Facilities Located at 3941 Spring Road (Rite -Aid) and 3987 Spring Road (KinderCare) [Ref.: CPD95 -1; MM #1 -- Marketplace Properties] EXECUTIVE SUMMARY This presents for consideration at a public hearing, a resolution making the privately owned parking facilitates at the subject location subject to certain provisions of the California Vehicle Code (CVC). DISCUSSION A. Authority The City enforces the CVC in a number of privately owned parking areas on commercial / industrial property and multi- family residential developments. Enforcement of the CVC on private property requires the adoption of a resolution by the local agency at the request of the property owner. B. Request The City is in receipt of a request (Exhibit 1) from Marketplace Properties that the Vehicle Code be enforced in the parking lots on their property. This request is made in order to comply with certain conditions of approval for the Marketplace Properties project [CPD95 -1]. C. Notice A notice of this Public Hearing was sent to the property owner, as required by CVC Section 21107.8 (c). cvc17 0006169 Marketplace Properties CVC Enforcement March 30, 1999 Page 2 RECOMMENDED ACTION Staff recommends that the City Council adopt Resolution No. 99- (Exhibit 2) declaring certain privately owned parking facilities to be subject to certain provisions of the California Vehicle Code. Attachments: 1. Exhibit 1: Request letter 2. Exhibit 2: Resolution wp51 \rpt \cvc15 000CI io Marketplace Properties Real Estate Development 13522 Newport Avenue, Suite 100 Tustin, CA 92780 (714) 731 -8888 FAX (714) 730 -3525 March 3, 1999 Mr. Wayne Loftus Planning Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Re: Resolution #97 -1413 for the Major Modification No. 1 to Commercial Planned Development Permit No. 95 -1 Rite Aid /Kindercare Project NWC of Tierra Rejada and Spring Road, Moorpark, CA Dear Wayne: To comply with Condition No. 109 A. of the above mentioned CPD we are asking that the City Council, per section 21107.8 of the California Vehicle Code, adopt the off road parking facility through a resolution to make the Vehicle Code applicable at their next council meeting. Please find enclosed a copy of a letter we sent on May 20, 1998 requesting the City of Moorpark to enforce appropriate vehicle codes per section 21107.7 of the California Vehicle Code. Sincerely yours, MARKF-TPLACE PARTNERS 3, L.P. By:_ __", & ichael M. MMR/Ir enclosure cc: Don Howard Jon Zaich C:\DATA\WORDXDon\Letterskloftus.doc IVE- D MAR 4 -1999 C4 ul ;:�UU IBrI "r` r7 L "?!''. 000CY 41 Member of International Council of Shopping Centers Exhibit 2 RESOLUTION NO. 99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, FINDING AND DECLARING CERTAIN PRIVATE PARKING FACILITIES AT 3941 -- 3987 SPRING ROAD [MARKETPLACE PROPERTIES] SUBJECT TO THE PROVISIONS OF THE CALIFORNIA VEHICLE CODE WHEREAS, Section 21107.8 of the California Vehicle Code (CVC) provide for the enforcement of said code in privately owned and maintained parking facilities held open for public use, upon receipt of a request for such enforcement from the property owner; and WHEREAS, the owner of certain property has provided the City with a written request for such enforcement; and WHEREAS, pursuant to the requirements of said code, a public hearing has been held on the matter and the owner of the affected property was notified of said hearing at least ten (10) days prior to the date thereof. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That, pursuant to CVC Sec. 21107.8, certain privately owned parking facilities located at 3941 - 3987 Spring Road, as shown on Exhibit 'A' attached hereto and made a part hereof, which are held open for public use, shall be subject to Sections 22350, 23103, 23109, Division 16.5 and other applicable provisions of the California Vehicle Code. SECTION 2. That the above traffic and parking regulations shall take effect upon the placement of appropriate signs giving notice of said regulation. SECTION 3. That said signs shall be placed and maintained by the property owner and shall comply with the requirements set forth in Section 21107.8 (b) of the California Vehicle Code. Resolution No. 99 - 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 21st day of April, 1999. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachments: 1. Exhibit 'A' 000( �3 Resolution No. 99- Exhibit "A" 000C44