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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. - - 7 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 TBS:ma