Resolution Number 08-12-02-05LI
RESOLUTION NO. 08-12-2- 95
A RESOLUTION OF THE CITY COUNCIL OF SAN JUAN
CAPISTRANO, CALIFORNIA APPROVING APPLICATION OF THE
CALIFORNIA VEHICLE CODE TO AND DESIGNATING THE
COMBINED USE OF REGULAR VEHICULAR TRAFFIC AND THE
DRIVING OF GOLF CARTS ON PRIVATE STREETS IN THE
MARBELLA PROPERTY OWNERS ASSOCIATION (TRACTS 12954 &
13532).
WHEREAS, the Marbella Property Owners Association Board of Directors have
adopted a resolution requesting the City of San Juan Capistrano adopt a resolution to
approve application of the provisions of the California Vehicle Code to privately -owned
and maintained roads that are not generally open for use of the public for purposes of
vehicular travel, but by reason of their proximity to or connection with public roads, the
interest of any residents living along such roads will be best served by adoption of the
California Vehicle Code, and;
WHEREAS, it is determined that the safety of any resident living along the
streets described herein and the motoring public will be best served by the application
of said provisions, as authorized by Section 21107.7 of the California Vehicle Code; and
WHEREAS, the operation of golf carts is prohibited on streets covered by the
California Vehicle Code except as outlined in Section 21115 of said Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Juan Capistrano that the provisions of the California Vehicle Code shall apply to the
following private streets in Tracts 12954 & 13532 of the Marbella Property Owners
Association, in the City of San Juan Capistrano:
1.
Golf Club Drive
2.
Marbella Vista
3.
Via Mirador
4.
Via Conquista
5.
Via Ventana
6.
Via Andalusia
7.
Via Encantado
8.
Via Festivo
9.
Via Cantabria
10.
Paseo Elegancia
11.
Plaza de las Villas
BE IT FURTHER RESOLVED that the Marbella Property Owners Association
shall erect appropriate signs at the entrance to any privately -owned and maintained
streets of such size, shape and color as to be readily legible during daylight hours from
a distance of 100 feet to the effect that said road is subject to the provisions of the
California Vehicle Code.
BE IT FURTHER RESOLVED that said streets shall be designated for the
combined use of regular vehicular traffic and the driving of golf carts when certain
existing conditions are maintained, including the marking of adequate shoulders on Golf
Club Drive and Marbella Vista and parking on said shoulders is adequately controlled so
as to maintain the primary path of golf cart travel within the marked shoulder.
BE IT FURTHER RESOLVED that the Marbella Property Owners Association
shall erect appropriate signing at regular intervals on Golf Club Drive and Marbella Vista
of such size, shape and color as to be readily legible during daylight and nighttime
hours from a distance of 100 feet to the effect that golf cart travel shall be on the
marked shoulder only.
PASSED, APPROVED, AND ADOPTED this 2nd day of December 2008.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
)R: Mark Nielsen
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 08-12-02-05 was duly adopted by the City Council of the City of San Juan
Capistrano at a Regular meeting thereof, held the 2"' day of December 2008, by the following vote:
AYES:
COgNCIL
MEMBERS:
Allevato, Freese, Hribar, Uso, and Mayor Nielsen
NOES:
�
CO
NCIL MEMBER:
None
ABSENT
�O
NCIL MEMBER:
None