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Ord 1895 - Amending Chapter 15 of the Town CodeORDINANCE 1895 URGENCY ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 15 OF THE LOS GATOS TOWN CODE THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN: SECTION I An urgent need for this ordinance exists in order to preserve the public health and safety in that: 1. Construction of Route 85/17 freeway to freeway interchange commenced on February 28, 1992 and will involve in excess of 90,000 trips by heavy equipment and trucks to remove an estimated 1.4 million cubic yards of excavated earth. 2. The contractors have requested permission to use Town streets for their hauling. 3. The weight of these vehicles and the number of trips will undoubtedly cause the premature deterioration of Town streets and expose Town residents to potential hazards, i.e., traffic, noise, deterioration of roads, flying debris, etc. 4. Clarification of the Town's current regulations of commercial vehicles using Town Streets necessary for the construction of the Route 85 freeway and other major projects. SECTION II Section 15.30.405 of the Town Code is amended to read as follows: Sec. 15.30.405. Overweight vehicles prohibited. 1 Except as hereinafter provided, no commercial vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be operated on any street, highway or public way within the Town, other than those streets and highways described in section 15.30.410. This section shall not be so construed as to prohibit the operator of any commercial vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds coming from a street or highway designated in section 15.30.410 from having ingress and egress by direct route to and from streets restricted by this section ( "Connector Streets ") when necessary for the purpose of making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on such restricted streets or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building, structure or facility upon such restricted streets for which a building or other permit has previously been obtained therefor or for the purpose of delivering or removing dirt, soil, rock, debris or other materials from the site. SECTION III Section 15.30.410 of the Town Code is amended to read as follows: Sec. 15.30.410. Authorized truck routes -- Designated. a) Except as provided in Division 6 of this chapter, the following streets and highways or portions thereof within the Town are hereby designated truck routes and are authorized for use by operators of vehicles which exceed a maximum gross weight of ten thousand ( 10,000 pounds): Blossom Hill Road. Lark Avenue. L25 \ords \newone.c1n 2 Los Gatos - Almaden Road. Los Gatos Boulevard, any portion situated north of its intersection with Saratoga Avenue. North Santa Cruz Avenue, any portion situated north of its intersection with Saratoga Avenue. Saratoga Avenue. Winchester Boulevard. b) Nothing in this division shall be interpreted to regulate commercial vehicular use of State Highway Nos. 17 and 85. SECTION IV Section 15.30.420, Permits for movement of heavy vehicles -- Application; filing fee, of the Town Code is hereby repealed in its entirety. .SECTION V Section 15.30.425, Same -- Grounds and conditions of issuance, of the Town Code is hereby repealed in its entirety. L25 \ords \newone.c1n 3 SECTION VI Section 15.30.432 is added to Los Gatos Town Code to read as follows: Section 15.30.432 Exemptions . Nothing in this division shall limit use of Town streets by vehicles owned or operated by the Town or a licensed contractor while necessary in the use in the construction, installation or repair of any Town facility, vehicles subject to Public Utilities Code Sections 1031 to 1036 inclusive, vehicles owned by a public utility or a licensed contractor while necessary in the use in the construction, installation or repair of any public utility or other provisions of the Town Code. SECTION VII Section 15.30.435, Same -- Appeals against denial, of the Town Code is hereby repealed in its entirety. SECTION VIII Division 6 of the Los Gatos Town Code is added to read as follows: Division 6. Limited Use of Streets by Permit Fees Sec. 15.30.505 Purpose. The purpose of this division is to regulate heavy vehicles and hauling activities on Town streets, as a result of construction, grading, excavating or fill operations, or combinations thereof; and further, to establish user fees for earth hauling, which has been L25 \ords \newone,c1n 4 found to be the single most significant contributor to the premature deterioration of streets within the Town, the proceeds of which will be designated for repair and maintenance of those streets actually used for such movement of heavy vehicles and hauling activities. Sec. 15.30.510 Hauling defined. For the purpose of this division, hauling shall be defined as the transportation, on and upon Town streets, of any material in a commercial vehicle, the gross weight of which exceeds ten thousand (10,000) pounds resulting from or to be used in any construction project. Sec. 15.30.515 Heavy vehicles defined. For the purpose of this division heavy vehicles shall be defined as vehicles that exceed the maximum limits specified by article C of chapter 5, division 15 of the California Vehicle Code, commencing at section 35780. Sec. 15.30.520 Regulated Activity For the purpose of this division Regulated Activity shall be defined as hauling or the movement of a heavy vehicle along any street or public way within the Town. L25 \ords \newone.cln 5 Sec. 15.30.525 Application for permit. Any person desiring to undertake a Regulated Activity as defined in section 15.30.520 within the Town, shall file an application for a permit to do so with the Town Engineer, except as specifically exempted pursuant to Section 15.30.432. The application shall set forth the following information: (a) A full identification, and the residence and business address of the applicant, including all members of any firm or partnership, and the president and secretary of any corporation applying; if the applicant is the agent or employee of any person for whose benefit the permit is requested, this fact, with the full identification of such person and his business and residence address. (b) The facts constituting the necessity for the Regulated Activity. (c) The amount of material expected to be hauled, in tons. (d) The dates on which the Regulated Activity is intended to be commenced and completed, and the times of day during which the Regulated Activity is intended to be done. (e) The particular streets over which a permit to operate is requested. (f) The time interval between vehicles and the number of vehicles per hour, which will travel over the route for which the permit is applied. (g) The location of the place or places of delivery of the heavy vehicle or materials, provided, however, that if delivery of materials is to be made in L25 \ords \newone.oIn 6 small quantities to numerous places, a general description satisfactory to the Town Engineer of the locations of the contemplated deliveries will be sufficient. (h) A specific description of the vehicle or vehicles and load to be operated or moved. (i) Whether such permit is requested for a single trip or for continuous operation. (j) Such further information as the Town Engineer may require. See. 15.30.530 Permit fee. (a) As a condition to the issuance of a permit, the permittee shall pay to the Town at the office of the Town Engineer a fee for the privilege of said permit in an amount hereinafter specified, which amount shall be considered as a liquidated sum in compensation for and in full satisfaction of all damages and injury to those routes specified in said permit. It is found upon investigation that payment of said sum is necessary to protect said street(s) from the actual damages and injury which will occur as a result of such Regulated Activity, and that said sum will provide full indemnity for the damages and injury resulting to the street(s) from such Regulated Activity; and by reason of the difficulty in computing such damages, the hereinafter specified amount is found in advance to be reasonable compensation for the use of said street(s) as a condition of such Regulated Activity. The Town Engineer is authorized to accept said sum in full satisfaction for all damages and injury to said street(s) to be caused by such hauling. (b) The fee for the privilege granted by said permit shall be forty -five dollars ($45.00) plus ten cents ($0.10) per cubic yard of material for each one -half (�) mile of L25 \ords \newone.c1n 7 distance (or portion thereof) specified under the permit. Notwithstanding the foregoing, no fees,shall be charged for the first one hundred (100) cubic yards or twelve thousand five hundred (12,500) pounds (excluding vehicle weight) of material to be hauled pursuant to a permit. (c) If the amount of material proposed to be hauled cannot be measured in cubic yards, measurement may be made by weight using the conversion factor hereinafter set forth. For the purposes of the division, one (1) cubic foot of material shall be equivalent to one hundred twenty -five (125) pounds; provided; however, that if an applicant submits to the Town Engineer evidence that such factor of equivalency is not accurate with respect to a certain proposed load, the director may, utilize a different equivalent for the purposes of computing the fee. (d) The fee for moving a heavy vehicle shall be forty -five dollars ($45.00) plus ten cents ($0.10) per each one hundred twenty -five (125) pounds for each one -half (k) mile of distance (or portion thereof) specified under the permit. Notwithstanding the foregoing, no fees shall be charged for the first twenty thousand five hundred (20,500) pounds (excluding vehicle weight) of material to be hauled pursuant to a permit. (e) No application for a permit for a Regulated Activity shall be subdivided to avoid payment of a fee or any other requirements of this division. Sec. 15.30.535 Payment of fee. (a) The Town Engineer shall require, as a condition to granting of any permit hereunder that the applicant, prior to the issuance of the permit, deposit with the Town Engineer as security for the payment of fees specified in section 15.30.525, a sum of money to be fixed by the Town Engineer, which sum shall be calculated based upon the estimated L25 \ords \newone.c1n 8 number of heavy vehicles to be moved or the estimated amount of material to be hauled during the first month (or other shorter period) of the duration of the permit, in accordance with the permit fee schedule set forth in section 15.30.530. (b) If the permit is for more than a month's duration, payment of the permit fee may be made monthly, in advance, in amounts based upon the estimated amount of heavy vehicles to be moved or material to be hauled in the following month. (c) If, upon completion of any month's activities under said permit, the total fee payable is determined to be greater than the amount actually paid, the amount still owing shall be added to the charge for the next estimated monthly installment. Upon completion of all activities under said permit the permittee shall pay to the Town, at the office of the Town Engineer, any amount still owing, within thirty (30) days from the date of completion. (d) If, at the end of any month's activities under said permit, the total fee payable is determined to be less than the amount actually paid, the amount of overpayment shall be subtracted from the charge for the next estimated monthly installment. Upon completion of all activities under said permit, the Town shall refund the amount of any overpayment to the permittee within thirty (30) days from receipt by the Town Engineer of a documented request therefor. (e) Any amount deposited pursuant to this section shall be returned, (less the sum of thirty dollars ($30.00) to cover the cost of processing the application) to an applicant if, prior to the commencement of any activity pursuant to such application, applicant shall have notified the Town Engineer of intention not to engage in such activity and requested return of said deposit. L25 \ords \newone.c1n 9 (f) All notices required by this section shall be in writing and delivered personally to the Town Engineer or transmitted prepaid by United States registered or certified mail, and addressed to the Town Engineer at Town Hall, P.O. Box 949, Los Gatos, CA 95031. Sec. 15.30.540 Deposit of fees The fees collected pursuant to this division shall be deposited into an account designated, to the extent reasonably practicable, for repair and maintenance of those streets on which the Regulated Activity, for which the fees were collected, took place. Sec. 15.30.545 Issuance of permit; designation of routes (a) The Town Engineer shall issue a permit pursuant to this division upon acceptance of a completed application and upon payment of the required fee therefor, and upon the determination by the director that the Regulated Activity for which such permit is requested reasonably requires the use of Town streets as the director deems necessary to protect the public health and safety. (b) The Town Engineer shall establish, and the permit shall specify the route or routes over which all vehicles subject to the permit shall travel, and such vehicles shall travel only directly over such route, or routes, as the Town Engineer determines to be the least dangerous to public safety, and which shall cause the least interference with general traffic and the least damage to public streets. L25 \ords \newone,c1n 10 Sec. 15.30.545 Conditions of permit The Town Engineer shall determine, and the permit shall specify, the conditions of use, including, but not limited to, the following: (a) The gross weight limit of each vehicle which shall be authorized under the permit. (b) The time interval between vehicles, and the number of vehicles per hour which shall be permitted to travel over the route specified. (c) The hours of the day and the days of the week during which such vehicles shall be permitted to travel over the route. (d) The total number of yards or pounds of material which may be hauled subject to the permit. (e) The period during which the permit is effective. Sec. 15.30.550 Appeals against denial. Any applicant aggrieved by a determination of the Town Engineer not to issue a permit pursuant to this division or by the conditions attached thereto in the event such permit is issued, may appeal therefrom to the Town Council by filing a written notice of appeal with the Town Clerk not later than seven (7) days after the determination of the Town Engineer. The Town Council shall hold a hearing thereon as soon as its business will allow, and at the conclusion of the hearing, shall fully decide the matter. L25 \orris \newone,cln 11 Sec. 15.30.555 Display of permit Every permit issued hereunder shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection of any peace officer or traffic officer,. or any other officer or employee charged with the care of protection of the Town streets. Section 15.30.560 Violation In addition to any criminal liability authorized by this Code, any operator of a commercial vehicle and any sponsor or developer of a project for which a permit is required by this division shall be liable for a payment of a civil penalty in an amount three times an amount determined adequate to compensate the Town for damages to public streets and property. SECTION IX This Ordinance takes effect immediately and shall be published once in the Los Gatos Weekly- Times, a newspaper of general circulation, published in the Town of Los Gatos within fifteen (15) days. L25 \ords \newone.c1n 12 The foregoing ordinance was passed and adopted at a regular meeting of the Los Gatos Town Council on the 16th day of March, 1992, and adopted by the following vote as an urgency ordinance of the Town of Los Gatos. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura, and Mayor Eric D. Carlson NAYES: None ABSENT: None ABSTAIN: None SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA L25 \ords \newone.c1n 13