The URL can be used to link to this page

Home My WebLink About10-11 CC Ordinance ORDINANCE NO. 10 -11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 10.22 AND SECTION 10.22.101 TO THE TEMECULA MUNICIPAL CODE PROVIDING FOR THE ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE ON PRIVATE ROADS AND PARKING FACILITIES LOCATED ON APPROXIMATELY 179.1 ACRES AT THE SOUTHEAST CORNER OF WINCHESTER ROAD AND YNEZ ROAD (REGIONAL MALL) PURSUANT TO VEHICLE CODE SECTIONS 21107.6 AND 21107.8 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Chapter 10.22, Enforcement of California Vehicle Code on Private Commercial Property, is hereby added to the Temecula Municipal Code to read as follows: CHAPTER 10.22 ENFORCEMENT OF CALIFORNIA VEHICLE CODE ON PRIVATE PROPERTY Sec. 10.22.010 Enforcement of Vehicle Code on Roads and Parkinq Facilities at the Regional Mall Located at the Southeast Corner of Winchester Road and Ynez Road. A. Pursuant to the provisions of California Vehicle Code Sections 21107.6 and 21107.8, the City Council hereby finds, determines and declares that: 1. There exists in the City of Temecula an area of approximately 179.1 acres located southeasterly of Winchester Road and Ynez Road, which known as the "Regional Mall." A map depicting the Regional Mall and the privately owned and maintained roads and parking facilities within the Regional Mall is set forth herein as Illustration 10.22.010. 2. California Vehicle Code Sections 21107.6 authorizes the City of Temecula to adopt an ordinance providing for the enforcement of the California Vehicle Code by the City on private streets generally open to the public for purposes of vehicular travel to serve commercial establishments. California Vehicle Code Sections 21107.8 authorizes the City of Temecula to adopt an ordinance providing for the enforcement of Sections 22350, 23103 and 23109 of the California Vehicle Code by the City on privately owned and maintained offstreet parking facilities that are RJOrds 201 Words 10 -11 1 generally held open to the public for purposes of vehicular parking. Both sections allow for enforcement following notice to the property owner and a public hearing unless the property owner posts signs that the provisions of the Vehicle Code will not apply to the privately owned and maintained streets or parking facilities. The owners of the Regional Mall have requested the adoption of an ordinance enacting this section of the Temecula Municipal Code. 3. On May 11, 2010 the City Council of the City of Temecula held a duly noticed public hearing pursuant to the requirements of California Vehicle Code Sections 21107.6 and 21107.8 to consider whether to authorize the enforcement of the Vehicle Code on the privately owned and maintained streets and parking facilities within the Regional Mall and to adopt the ordinance enacting this section of the Temecula Municipal Code. The owners of the Regional Mall property were notified in writing of the public hearing. The public was given the opportunity to speak at the public hearing on the proposed ordinance. Following the public hearing and after due consideration of the information presented at the hearing, the City Council adopted the ordinance enacting this section of the Temecula Municipal Code. 4. The privately owned and maintained roads within the Regional Mall are generally held open to the public for the purposes of vehicular travel to serve the Regional Mall and other commercial establishments. The privately owned and maintained offstreet parking facilities within the Regional Mall are generally held open to the public for purposes of vehicular parking B. The provisions of the California Vehicle Code shall apply to the privately owned and maintained roads in the Regional Mall and the City of Temecula shall have the authority to enforce the provisions of the California Vehicle Code on said roads. C. The provisions of Sections 22350, 23103 and 23109 of the California Vehicle Code shall apply to the privately owned and maintained offstreet parking facilities within the Regional Mall and the City of Temecula shall have the authority to enforce the provisions of Sections 22350, 23103 and 23109 of the California Vehicle Code on said parking facilities. Section 2. Illustration 10.22.010 referenced in Section 1 of this Ordinance is attached hereto as Exhibit A and incorporated herein as though set forth in full. Illustration 10.22.010 shall be codified in the Temecula Municipal Code immediately following Section 10.22.010. R: /Ords 2010 /Ords 10 -11 2 Section 3. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 4. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25 day of May, 2010. Jeff Comerchero, Mayor ATTEST: Susan . Jone , MMC City CI rk [SEAL] R: /Ords 2010 /Ords 10 -11 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 10 -11 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 11 day of May, 2010, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25 day of May, 2010, by the following vote: AYES: 5 COUNCIL MEMBERS: Edwards, Naggar, Roberts, Washington, Comerchero NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None Susan W Jones, MMC City Clerk RJOrds 2010 /Ords 10 -11 4 �, 5 1� `� /� 1!i ` _':��~ �T'�� Ymf � 1'..�►C�./ d f i ��``;�` \ `... / j' �� I Area • • Road: 11 • Acres \ \ N I' <f A _ e �• X17 f - ; Area Inside Ring Road: • A cres J., i ± �. '.' •I a �;` f'� \ -.. � g t �'- f'.;�� "1 .wry � _~ : / J * f Aw Promenade Mall Parcels Total Major Streets Prom Mall Area 179.1 Acres I N00 - IM i '•,. / Mall Access Roads f� t 500 0 Soo