HomeMy WebLinkAboutAGENDA REPORT 2007 0919 CC REG ITEM 08D ITEM S •-'D•
CITY OF MOORPA RK,CALIFt:UkWA
City Council Meeting
of 9-19-030
ACTION:
MOORPARK CITY COUNCIL 00
AGENDA REPORT
BY:—
TO: The Honorable City Council
FROM: Yugal K. Lail, City Engineer/Public Works Director / .
DATE: September 4, 2007 (CC Meeting of 09/19/07)
SUBJECT: Consider a Resolution Declaring the Private Parking Facilities at the
Moorpark Grove Shopping Center (CPD-04-02), Subject to the
Provisions of the California Vehicle Code (CVC)
DISCUSSION
A. Commercial Planned Development (CPD) Permit No. 04-02
The Moorpark Grove Shopping Center (CPD 04-02) is located at 252 and 254 Los
Angeles Avenue. The Conditions of Approval for CPD 04-02 require the
developer of this project to request that the City enforce the CVC within and upon
this parking lot.
B. Petition
In accordance with the requirements of the Conditions of Approval of CPD 04-02,
the City is in receipt of a letter, (Attachment 1) requesting the aforementioned
Vehicle Code Enforcement.
C. Code Section
Section 21107.8 (herein "Code Section") of the 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.
D. 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
SAPublic Works\Everyone\Staff Reports\200TSeptember\CVC_Moorpark Grove.doc 0 0 0 0 2 50
Honorable City Council
September 19, 2007
Page 2
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).
E. 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.
F. 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.
G. 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
SAPublic Works\Everyone\Staff Reports\2007\September\CVC_Moorpark Grove.doc
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:ATTACHMENT 1 At rA<--I McT+4T
252 Los Angeles Avenue,
Suite K
Moorpark, CA 93021
Kylexa. Enterprises, LLC RECEIVED
`JUL 3 C 2007
July 27, 2007
Public Works Department
Mr. Yugal Lall
City Engineer/Public Works Director
799 Moorpark Ave
Moorpark, CA 93021
RE: Vehicle Code Enforcement
Dear Mr. Lall:
This letter is to request Vehicle Code Enforcement within the
Moorpark Grove Shopping Center, located at 252 and 254 Los
Angeles Avenue, Moorpark, CA 93021.
Per the approved CPD (NO 2005-2363) standard condition
number 53, requires applicant to request that the City Council
approve a resolution to enforce Vehicle Codes on the subject
property as permitted by the Vehicle Code.
Please accept this letter as our formal request. If you have any
que 'ons please don't hesitate to contact me.
Sinc rely,
Ke'th almquist
Kylexa Enterprises, LLC
Cc: Mr. Joe Fiss,via email and mail
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
()0 0 0 2'o
Attachment 2
RESOLUTION NO. 2007 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, FINDING AND DECLARING
CERTAIN PRIVATE PARKING FACILITIES IN THE MOORPARK
GROVE SHOPPING CENTER/CPD 04-02 SUBJECT TO
CERTAIN PROVISIONS OF THE CALIFORNIA VEHICLE CODE
(CVC)
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 04-02, 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 04-02, 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.
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 19th day of September, 2007.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit 'A': Vicinity Map
1)0002 9
Resolution No. 2007-
Exhibit 'A'
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