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HomeMy WebLinkAbout91-093 - Resolutions RESOLUI~ON NO. 91-093 A RESOIJJTION OF THE CITY OOUNCIL OF THE CITY OF RANC2{O ~, CALIFORNIA, FINDING AND D~CLARING THAT THERE ARE PRIVATELY ~ AND MAI~rf/~%~ OFF-STREET PARKING FACILITIES DESCRIBED //q THIS RESOLUI~ON ~ THE ~ OF RANCHO ~ WHIr2{ ARE Gt~AT.LY P~n OP~:~ FOR USE OF THE PUBLIC FOR PURPOSES OF V~{I~ PARKING AND APPLYING C~PAIN S~fIONS OF THE CALIFORNIA VEHICLE OODE TO SU(~ FACILITIES A. Recitals. (i) California Vehicle Code Section 21107.8 (a) provides in pertinent part as follows: "Any city . . . may, by . . . resolution, find and declare that there are privately owned and maintained off-street parking facilities as described in such . . . resolution within the city . . that are generally held open for use of the public for purposes of vehicular parking. Upon enaoUt~nt by a city . . . of the . . . resolution, Sections 22350, 23103, 23109 and the provisions of Division 16.5 (cc~nenc~ with Section 38000) shall apply to any such privately owned and maintained off-street parking facilities, . . ." (ii) There are privately c~ned and maintained off-street parking facilities constituting portions of Virginia Dare Business Center or Deer Creek Center described as APN: 1077-661-015 and Terra Vista Towne Center described as APN: 1077-421-066 through APN: 1077-421-076 ("said facilities" scmetimes hereinafter). (iii) The owners of said facilities have indicated their desire and consent that the City of Rancho Cucamonga enforce the above-referenced provisions of the Vehicle Code with respect to said facilities and each of said owners has heretofore received written notice of a public hearing on the subject matter of this resolution ten (10) days prior to the date of said hearing as required by California Vehicle code Section 21107.8(c). Said hearing was concluded immediately prior to the adoption of this Resolution. (iv) All legal prerequisites to the adoption of this Resolution have B. Resolution. NOW, ~FORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follc~: S~CTION 1: In all respects as set forth in the Recitals, Part A, of this Resolution. Resolution No. 91-093 S~TION 2: This Council hereby finds and declares that said facilities are generally held open for use of the public for purposes of SECTION 3: This Council hereby specifically determines and resolves that Calif~T~ia Vehicle Code Sections 22350, 22507.8, 23103, 23109 and Division 16.5 of said Code (commencing with Section 38000 thereof) shall apply to said facilities and the City of Rancho Cu~ my enforoe said provisions with respect to said facilities. S~CTION 4: The owners and operators of the property described in Recital (ii), above, hereby are informed of the provisions of California Vehicle Code Section 21107.8(b) which requires that said owners and operators shall cause to be posted in a conspicuous place at each entrance to said facilities a notice not less than seventeen by twe~-tw~ ~ (17" x 22") in size with lettering not less than one inch (1") in height, to the effect that said facilities are subject to public traffic regulations and control. Said owners-operators are further directed and advised that the above- referenced provisions of the California Vehicle Oode shall not be applicable to any of said facilities until such posting occurs as to any such facility. SECTION 5: The City Clerk shall certify to the adoption of this Resolution and shall cause a certified copy thereof to be delivered to: Lewis Development Company The Tower P~z~nership P.O. Box 670 c/o Occidental ~mnd Research Upland, CA 91786 22632 E. Goldenspr~ Drive Suite #3o0 Diamond Bar, CA 91765 PASS~D, APPROVED, and ADOPI~D this 3rd day of Auril, 1991. AYES: Alexander, Buquet, Stout, Williams, Wright NOES: None D~ J. A~m~, City Cler~ Resolution No. 91-093 Page 3 I, D~SRA J. ADAM~, CITY ~.FRK of t_he City of Rancho Cucamor~a, California, ~ ~ ~i~ ~t ~e for~o~ ~lution ~ ~y ~, ~~, ~ ~ ~ ~ Ci~ ~il of ~e Ci~ of ~ ~~, ~lifo~a, at a r~ ~t~ of ~id Ci~ ~il held on ~ 3~ ~y of ~ril, 1991. ~~ ~s 4~ ~y of ~ril, 1991 at ~o ~~, ~lifo~a.