HomeMy WebLinkAboutCity Council Resolution 07-045RF~LUTI~~ l~I~.111~445
A RELUTII~ ~F TIE 'ITS ~'~Ui~IL ~F TIFF
ITS ~F ARATOA RANTING A ~ETITI~I~; ~`~~~g~ ApPLY~N T~~
~-~Z~~~RNZ~ ~.~HY.L.~ ~DF T~ TI3E PRIVATE ~A~] AT
~OSG~ ~RUELL R~AI~
Lim et ~1.; ~~l~~S '~V~~del1 Road
~ILREA, on .gay ~ ~, ~D[~7, the pity .engineer of the pity of arataga granted
encraachmcnt permit number ~7-~7, allav~ing ~. private raad serving as a common d~rivev~ay for
four residential lots to canncct to the western end Qf Wardell Road at ~~8~ Wardell Road; and
~VHERE~, an appeal of the encraachn~ent permit was fled and on June ~~ ~~7 the
pity cuncil, fallowing a public hearing, denied the appeal and approved th.e encroach~ner~t
perit s~b~~ct to canditians including ~ rc~~~irc~r~cnt tk~.at c~acraach~nent pursuant to the permit
shall not be valid unless the private raad is u.b~ ect to the ~alifarnia Vehicle ~ade~ and
~IEREA~# an July 9, ~~~7, all of the owners of the planned private raad at ~~$~~
Wardell Road submitted to the pity auncil a. petition requesting the adoption of a resalutian
applying the California Vehicle fade to the private road; and
VVHERLA, on July 1$, ~~47 the City Council held a duly noticed public hearing to
consider the petitian at which time all interested parties were given the opportunity to be heard
and present evidence; an
V~'~~RLA~ tie evidence presented in the landowner petitian, staff report, and at the
hearing demonstrated that the planned privately owned road at ~0~~ Wardell Raad is not
generally held apen far use of tl~e public for purposes of vehicular travel; and
HRLA, the evidence presented in the staff report far tl7e above-referenced
encraachn~ent permit appeal, staff` report far the public hearing held July ~ ~, ~00~, and at the
heari.n den~anstrated that by reason of the privately av~ned road's connection with Wardell
Road and tla.e highway system of the pity of Saratoga, the interests of the road's residents and
the rnatoring public wall hest be served by application of the provisions of the alifot~nia Vehicle
~adc to the privately av~ned road.
Now, therefore, be it resolved that the pity 'au~c~~ of the p'ity' of ~rtaa hereby:
X, binds that the planned privately awned raad at ~~5~5 Wardell Road is not generally
held apen far use of the public for purposes of vehicular travel; and
:iY. Finds that by reason of tlae privately awned road's connection with Wardell Road and
tla.e highway system of the City of arataga, the interests of the road's residents and
the motoring public will best be served by application of tl~e provisions of the
ali~orn.~a ~Tehicle bode to t.~e privately o~vr~ed road; and
III, >~esolves that the provisions of the California ~ehic~e bode shall hence~'orth apl~l~ to,
and be enforceable upon, the privately owned .road at ~~8~~ ard~~~ ~oad~ and
~ Pursuant to l~fo.~a Vela~cle bode section 1 ~ 07.x, this resolution shall he
ineffective unle~ appropriate ins are erected at the entrance to the pr~~vately o~ne~
road at Z~~ Wardell load ~l' the sire, shape, ar~d color as to be readily legible
during dayliit hours from a distance of 10o feet, to the effect that the road is subj ect
to the ~provision~ of the Vehicle bode.
~A~~ Al~~ AI~~PTE~I by the qty council of arato~a. state ofi ~a.lifarnia, the 18th day alb
duly X007 ~y the falloin.~ roll call vote;
~~~: ~aunc~~rn~brs Jill Hunter, ~ath~ecn rig, huc1~ ~agc,
Vice Mayor ~ V~altonsrnith, ll~ay~or Aileen Sao
~~~; done
ABENT~ done
ABTA bane
~l
~' een Sao, ~Vlayor
ATT~.~T~