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HomeMy WebLinkAboutCC Ord 1680 2019-09-23 ORDINANCE 1680 AN ORDINANCE OF THE SEAL BEACH CITY COUNCIL AMENDING CHAPTER 8.05 OF THE SEAL BEACH MUNICIPAL CODE, FINDING AND DECLARING THAT THE PROVISIONS OF THE CALIFORNIA VEHICLE CODE SHALL APPLY TO CERTAIN PRIVATELY-OWNED STREETS WITHIN LEISURE WORLD, AUTHORIZING THE CHIEF OF POLICE TO PROVIDE TRAFFIC ENFORCEMENT ON SAID STREETS, AND REGULATING THE USE OF GOLF CARTS ON SAID STREETS WHEREAS, the Board of Directors of the Golden Rain Foundation ("GRF"), as the owner of privately-owned streets in Leisure World, has requested that the Seal Beach Police Department provide traffic law enforcement on said streets by later dated July 24, 2019; and, WHEREAS, the streets in Leisure World are used by the public, including the residents of Leisure World and invitees, and are connected to public streets in the City of Seal Beach; and, WHEREAS, pursuant to the requirements of California Vehicle Code Section 21107.5, the City Council provided written notice of this action to GRF as the owner of the privately-owned streets and held a public hearing on September 9, 2019 where evidence, both written and oral, was received and considered; and, WHEREAS, some members of the public use golf carts to travel on the streets in Leisure World. NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: Section 1 . Pursuant to California Vehicle Code Section 21107.5, the City Council finds and declares that the privately owned streets in Leisure World are generally held open for use by the public for vehicular travel and are so connected with publicly-owned highways that the public cannot determine that the privately-owned roads are not highways (as the term is used in the Vehicle Code). Section 2. Section 8.05.015A of the Seal Beach Municipal Code is hereby amended to read as follows (text to be added is underlined): "A. The city council finds and declares that the public interest will best be served by the application of this title and the Vehicle Code to the following roads and areas due to their proximity to or connection with highways and streets: Surfside Avenue; Pacific Avenue; Seal Way; Phillips Avenue; and each street, road, lane, drive, place, way, and parking area within the respective boundaries of Rossmoor Business Center and Sunset Aquatic Park, and Leisure World." 111 Section 3. New Section 8.05.045 is hereby added to the Seal Beach Municipal Code, to read as follows (with existing Section 8.05.045 to be renumbered as 8.05.050): "8.45.045 Golf Carts on Leisure World Streets. A. The privately-owned streets within Leisure World are streets within the jurisdiction of the City of Seal Beach and, for the purposes of this section, shall be collectively referred to herein as the "Leisure World streets." The Leisure World Streets are located adjacent to and provide access to the golf course in Leisure World. Further, the Leisure World streets are located between the golf course and the place where golf carts are parked or stored. The Leisure World streets are all within one mile of the golf course, and are within and bounded in part by a real estate development offering golf facilities. The Leisure World streets are designed and constructed so as to safely permit the use of regular vehicular traffic and also the driving of golf carts on the Leisure World streets. B. Pursuant to the authority of Vehicle Code Section 21115 the City Council hereby designates the Leisure World streets as streets for the combined use of vehicles and golf carts. C. Pursuant to the authority of Vehicle Code Section 21115, the following rules and regulations are hereby enacted for the use of vehicles and the use of golf carts on the Leisure World streets. It shall be unlawful for a vehicle or golf cart to be operated in violation of the following rules and regulations, which shall have the force of law: 1 . Golf carts on the Leisure World streets shall not travel faster than the posted speed limit on any street, and in no event faster than 25 mph. 2. Where feasible and safe to do so, golf carts shall travel at the far right of every traffic lane. 3. Golf cart crossings shall be located and posted with signs that meet the approval of the City's Traffic Engineer. 4. If a golf cart is operated on the Leisure World streets during darkness, the golf cart shall be subject to the provisions of Vehicle Code Section 24001.5 regarding equipment. 111 Section 5. The City Clerk shall certify to the adoption of this ordinance and publish the same as required by law. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd day of Septem er 2 . '41-0.•^4 ,y� ' '-0.•^ C SEAL4 Thomas Moore, Mayor A T: ;��'';c,' Fo .,y 410M,a Gloria D. Harp, City Cle'r.;\.0' Q p H2I _ Qom. '�� �aitii STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on the 9th day of September, 2019 and was passed, approved and adopted by the City Council at a regular meeting held on the 23rd day of September, 2019 by the following vote: AYES: Council Members: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None oria D. Harper, ikty Clerk