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HomeMy WebLinkAboutAGENDA REPORT 2007 0919 CC REG ITEM 08E CIS"OF MOORPARK,CALIFORNIA City Council Meeting of 9—/� ACTION: ...,61-3 a MOORPARK CITY COUNCIL eY: AGENDA REPORT 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 Village at Moorpark Shopping Center (CPD-04-01), Subject to the Provisions of the California Vehicle Code (CVC) DISCUSSION A. Commercial Planned Development (CPD) Permit No. 04-01 The Village at Moorpark Shopping Center (CPD 04-01) is located at 706, 718, 742, 754, 766, and 790 Los Angeles Avenue. The Conditions of Approval for CPD 04-01 require the developer of this project to request that the City enforce the California Vehicle Code (CVC) within and upon the project parking lot. B. Petition In accordance with the requirements of the Conditions of Approval of CPD 04-01, 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 (Section E) 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 S:\Public Works\Everyone\Staff Repor ts\2007\September\CVC_Village at Moorpark.doc 0 0 0()3 1. Honorable City Council September 19, 2007 Page 2 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). 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 Village at Moorpark.doc 0 0 ATTACHMENT 1 RECEIVED JUL 2 5 2007 Public Works Department July 24, 2007 Mr. Yugal Lall City Engineer/Public Works Director City of Moorpark 799 Moorpark Avenue Moorpark, Ca. 93021 RE: Village at Moorpark 706,718, 742, 754, 766, &790 Los Angeles Avenue Moorpark, Ca. 93021 This Letter shall serve as a request for the City of Moorpark, City Council, to approve a resolution to enforce vehicle codes on the Village at Moorpark Shopping Center referenced above as permitted by Vehicle Code Section 21107.8. Please contact my office with any questions or if you require any additional information. Sin erel Rich Cornelison Principal t RCC Property Management Inc. 2219 E. Thousand Oaks Blvd., Suite#304 Thousand Oaks, CA 91362 Phone (805) 2 77-3 764 • (818) 510-3435 •FAX(805) 496-5828 • www.rccprop.com 000033 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 VILLAGE AT MOORPARK SHOPPING CENTER / CPD 04-01 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 04-01, 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 04-01, 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. 000034 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 0 0-U S Resolution No. 2007- Exhibit `A' io oa °C G �C �J i 511 ^�0 �i Qo"ttC RR High St. High St. Princeton Ave Southern Southern Pacific RR Dorothy Ave. 1 st St. u> v Ruth Ave. a 2nd St. m 2nd St. m a a' ° 3rd St. Sarah Ave. o` � m ` Susan Ave. �, CL > N Roberts Ave. _° n v° Pie' lea oEsther Ave. prAe a °5 Sherman Ave. Los Angeles Ave. Los Angeles Ave. MOORPARK MARKET PLACE (State HWY 11 B) 23 -o 0 So th ork Eza' o sro 9e �o ooh Drive ArrOY0 Sr i S°~�� Project Site a Vicinity Map NTS VILLAGE AT MOORPARK SHOPPING CENTER 0 it