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Home My WebLink AboutAGENDA REPORT 1996 0807 CC REG ITEM 08CAcfferaCla. Report City a f Moorpark TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public DATE: July 26, 1996 (Council Meeting 8 -7 -96) ''__ F_t' r .�1 i Works i SUBJECT: A Resolution to Enable the Enforcement of the California Vehicle Code on the Private Roads and Parking Facilities Within Tract 4792 (Traditions) 51: . This presents for consideration at a public hearing, a resolution making the private roads and parking areas within Tract 4792 [Traditions] subject to the provisions of the California Vehicle Code (CVC). DISCUSSION A. Background The City enforces the CVC on privately owned and maintained roads and parking facilities within a number of commercial shopping centers and multi- family residential developments. B. Authority 1. Private Roads: CVC Section 21107.7 states that the City Council may find that there are privately owned and maintained roads not generally held open for use by the public for vehicular travel which, by reason of their proximity to or connection with a public highway, shall be subject to the provisions of the California Vehicle Code. 2. Private Parking Facilities: CVC Section 21107.8 states that the City Council may find that there are privately owned and maintained off street parking facilities which are generally held open for the use of the public for vehicular parking. Upon making such a finding, Sections 22350, 23103, 23109 and Division 16.5 (Section 38000 et.seq.) of the California Vehicle Code shall apply to said facilities. wp51 \rpt \cvc11 �•jr Traditions August 1996 Page 2 C. Request These provisions of the CVC can only be made effective via the adoption of a Resolution or Ordinance of the City Council. Such a resolution may only be considered by the City Council when and if a request for such enforcement is received from the owner of the private roads and /or parking facilities in question. The City is in receipt of such a request from the Board of Directors for the Traditions Homeowners Association (Exhibit 1). D. Hearing In addition, the aforementioned Resolution may only be adopted subsequent to a public hearing on the matter. Notice of such a hearing must be sent to the owner of the affected property at least ten (10) days prior to the date of the public hearing. A notice of this public hearing (Exhibit 2) was sent to the property owner, the Tradition Homeowners Association (HOA). At the request of staff, the HOA has distributed this notice to all of the property owners and residents of the Traditions neighborhood. E. Signs Subsequent to the adoption of such a Resolution, these provisions may only be enforce when and if the property owner installs certain signs giving notice that the provisions of the CVC are enforced on private property. i.piks m1Y 1-DI. I L O i o Staff recommends that the City Council adopt the attached resolution (Exhibit 3) declaring certain roads and parking facilities on private property subject to the California Vehicle Code. wp51 \rpt \cvc1i 000181 MOUNTAIN MEADOWS TRADITIONS HOA',I,. c/o AFCO PACIFIC SYSTEMS, INC. PO BOX 392 MOORPAW CA 93020 (805) 523 -1223 FAX (805) 523 -0503 June 25, 1996 City of Moorpark 799 Moorpark Ave. Moorpark, CA 93021 Attn: Ken Gilbert, Public Works Director Dear Mr. Gilbert: This letter is to inform you that a majority of the Board, for Mountain Meadows Traditions Homeowners Association, requests that the provisions of the California Vehicle Code be enforced upon the privately owned and maintained roads and off street parking facilities within the Traditions development. Sincere , C les Haden, President of Traditions HOA o00182 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 June 28, 1996 Chairman and Members Traditions Homeowners c/o Neill Winner AFCO Pacific Systems, P. O. Box 392 Moorpark, CA 93020 of the Board of Directors Association Inc. RE: Notice of Public Hearing Regarding Proposed Enforcement of the California Vehicle Code Upon Private Roads and Parking Facilities Within Tract 4792: Traditions Dear Chairman and Members of the Board, The California Vehicle Code (CVC) requires that, prior to undertaking the enforcement of traffic regulations on privately owned roads and parking facilities, the City Council must conduct a public hearing on the matter and notify the property owners affected of the City's intent. THIS IS TO NOTIFY YOU THAT, pursuant to Section 21107.7 and 21107.8 of the CVC, a public hearing on this matter will be held at a regular meeting of the Moorpark City Council on August 7, 1996, commencing at 7:00 p. m. at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. You are invited to be present and to be heard at said meeting. If you should have any questions, please give me a call. Since y,� Ken ilbert Public Works Director cc: Property Owners /Residents (Traditions) The Honorable City Council Steven Kueny, City Manager Lt. Rouse, Moorpark Police wp \pw \cvcll 0MIS3 PAUL W. LAWRASON JR. JOHN E. WOZNIAK ELOISE BROWN PATRICK HUNTER BERNARDO M. PEREZ Mayor Mayor Pro Tem Councilmember Councilmember Councilmember ��-g 6 -- 3 RESOLUTION NO. 96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, FINDING AND DECLARING CERTAIN PRIVATE ROADS AND PARKING FACILITIES WITHIN TRACT 4792 [TRADITIONS] SUBJECT TO THE PROVISIONS OF THE CALIFORNIA VEHICLE CODE WHEREAS, Tract 4792 [Traditions], identified on Exhibit "A" attached hereto and made a part hereof, has within it certain privately owned roads which, although not generally held open for use of the public for vehicular travel, are connected to a public street; and, WHEREAS, Section 21107.7 of the California Vehicle Code (CVC) allows for the enforcement of said code upon such privately owned and maintained roads, upon receipt of a request for such enforcement from the property owner; and, WHEREAS, said Tract 4792 also has within it certain privately owned and maintained off street parking facilities which are generally held open for use by the public for vehicular parking; and, WHEREAS, pursuant to CVC Section 21107.8, CVC Sections 22350, 23103, 23109 and Division 16.5 (Section 38000 et.seq.) may be made applicable to such facilities; and, WHEREAS, the owner of these privately owned and maintained roads and parking facilities has requested that said traffic and parking regulations be enforced within those facilities; 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. 21107.7, certain privately owned and maintained roads within the Traditions Homeowners' Association [Tract 4792], as generally shown on Exhibit 'A', which are not generally held open for the use of the public for vehicular travel, but which are connected to a public street, shall be subject to the provisions of the California Vehicle Code. �,x 3 (Z 43) Resolution No. 96- Page 2 SECTION 2. That, pursuant to CVC Sec. 21107.8, certain privately owned parking facilities within the aforesaid HOA, which are generally held open for public use, shall be subject to Sections 22350, 23103, 23109 and Division 16.5 (Section 3800 et.seq.) of the California Vehicle Code. SECTION 3. That the above traffic and parking regulations shall take effect upon the placement of appropriate signs giving notice of said regulation. SECTION 4. That said signs shall be placed and maintained by the property owner and shall comply with the requirements set forth in Section 21107.7 (a) and Section 21107.8 (b) of the California Vehicle Code. PASSED AND ADOPTED this 8th day of August, 1996. Mayor, City of Moorpark, California ATTESTED: City Clerk i�t .......... mac b ® EXHIBIT 'A' =e w o w CODE ADDRESS STREET W$' w O1 LETTER RANGE NAME Z A 11721 -11761 Villageview Ct CC 0 �t a — r F`- B 4241 -4251 Rusticview Ct • , C 41824189 Mountainpark Ct D 11688 -11736 Quailcreek Ct E (N /A) Peachspring Ct F 4201 -4215 Skybrook Ct c� > T � O `•� N � 1- .ten G 11621 -11695 Countrysprings Ct H 4174 -4199 Hillbrook Ct m `� � � '� .... �•:. j ' I 4142 -4149 Flowerview Ct ` C) C.) J J 41304157 Quailsprings Ct CL m ... .,.. K 11500 -11571 Countrycreek Ct .4te ' r d 4130 -4157 Brookcrest Ct �z _ a N P r. -~ M 11519 -11549 Treeview Ct N 4119 -4137 Hillpark Ct Lo P _ m � '9NI of I _fl_ 1:7�21V�