HomeMy WebLinkAboutCUP 1; Solamar Trailer Park; Conditional Use Permit (CUP) (3)CITY OF CARLSBA
sa0 ELM AVENUE
CAR LS BAD, CALI FO RN IA T. BRUCE SMITH
CITY ATTORNEY
TELEPHONE
SARATOGA 2-7655
April 22, 1958
OPINION
TO: THE PLANNING COMMISSION
FROM: THE CITY ATTORNEY
SUBJECT: Street names on private rights-of-way.
Gent le men:
The following opinion is based upon the information that
Solamar Mobile Estates intends to utilize certain portions
of their private property within the City of Carlsbad as a trailer park which will have located within its boundaries
certain private rights-of-way which will be used by their
patrons in the same manner and fashion as public streets.
It is my understanding that said property owner desires
to have such private rights-of-way designated by street
names, thereby enabling the tenants to refer to their
trailer sites by a particular number and street name.
Section 34091.1 of the Government Code of the State of
California permits the City Council to adopt names for
City streets by way of adopting a resolution designating such names. Section 34092 requires that when a street
name has been adopted the City shall forward notice of such
designation to the Board of Supervisors of the County of San Diego. It is to be noted that Section 34091.1 refers
to City streets, whereas Section 34092 refers only to street.
These sections are contained within the same article 6f
the Government Code and would ostensibly relate to the
same subject matter. A broad interpretation of the two
sections would allow the City Council to give names to
private streets as well as City streets, whereas a narrow
construction would only permlt the City to give names to
City streets.
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P lanning Commission -2 - April 22, 1958
So as to give the widest possible meaning to the sections
quoted, and to accomplish the greatest public convenience the writer hereof would adopt the liberal construction which
would permit the City Council to designate names of private
streets, which can be accomplished by the City Council
adopting a resolution after receiving the recommendation of
the Planning Commission.
Re spec tfully submitted ,
T.BRUCE SMITH
City Attorney
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