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Item 11 Staff Report Adopt Ordinance Amending Town Code Sections 15.3.515 and 15.30.530 Relating to Heavy Vehicles and Permit Fees and Establishing a Road Impact FeeCOUNCIL AGENDA DATE: 7/18/94 ITEM NO. `\ TOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: JULY 8, 1994 TO: MAYOR AND TOWN COUNCIL FROM: LARRY E. ANDERSON, TOWN ATTORNEY, SUBJECT: ADOPT ORDINANCE AMENDING TOWN CODE SECTIONS 15.30.515 AND 15.30.530 RELATING TO HEAVY VEHICLES AND PERMIT FEES AND ESTABLISHING A ROAD IMPACT FEE RECOMMENDATION: 1. Adopt the attached ordinance that was introduced at the Town Council meeting of June 6, 1994. 2. Instruct the Clerk to publish a summary no more than 15 days after adoption. BACKGROUND: The attached ordinance was introduced at the Town Council meeting of June 6, 1994 but the summary was not published prior to the meeting of July 5 for adoption as directed by the Council. The summary has since been published and the ordinance can now be adopted. PREPARED BY: LARRY E. ANDERSON, TOWN ATTORNEY LEA:yfg 7/8/94 2:13 pm C:\W PFI LES\CNCLR PTS\HAU LOR D.TCR Attachments: Ordinance Reviewed by: Manager Clerk nance Treasurer COUNCIL ACTION/ACTION DIRECTED TO: ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING DIVISION 6 OF ARTICLE III OF CHAPTER 15 OF THE TOWN CODE LIMITING USE OF STREETS BY PERMIT FEES AND ADOPTING A NEW ARTICLE IX OF CHAPTER 15 ESTABLISHING ROAD IMPACT FEES FOR CONSTRUCTION PROJECTS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Section 15.30.505 is hereby amended to read as follows: Sec. 15.30.505. Purpose. The purpose of this division is to regulate heavy or oversized vehicles and hauling activities on Town streets. SECTION II Section 15.30.515 is hereby amended to read as follows 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 1 of chapter 5, division 15 of the California Vehicle Code, commencing at section 35550. SECTION III Section 15.30.520 is hereby amended to read as follows: Sec. 15.30.520. Regulated activity defined. For the purposes of this division, "regulated activity" shall be defined as: (a) Hauling; or (b) The movement of a heavy vehicle; or (c) Operation or movement of vehicle or combination of vehicles or special mobile equipment of a size exceeding the maximum specified in the California Vehicle Code; or (d) Operation or movement of a vehicle carrying a load as defined in Vehicle Code section 35780.5. SECTION IV Section 15.30.525 is hereby amended to read as follows: 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, on the form and in the manner prescribed by the California Department of Transportation pursuant to Vehicle Code section 35781, or should no such form have been prescribed, 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 small quantities to numerous places, a general description satisfactory to the Town Engineer of the 2 locations of the contemplated deliveries will be sufficient. A specific description of the vehicle or vehicles and load to be operated or moved. Whether such permit is requested for a single trip or for continuous operation. Such further information as the Town Engineer may require. SECTION IV Section 15.30.530 is hereby amended to read as follows: Sec. 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 issuance of said permit in an amount hereinafter specified. (b) The fee for the issuance of the same as the fee charged by the California Department of Transportation and listed in 21 California Code of Regulations § 1411.3. (c) Special services required for evaluating applications for and supervising unusually large or heavy loads, such a engineering investigations, escorts, tree trimming, and arborist evaluations, shall be billed separately for each permit on an actual cost basis. (d) 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, and the fees established by this division shall be in addition to any other traffic mitigation or road impact fees that may apply to the underlying project and in addition to any applicable State or other local agency fee. Section 15.30.535 is repealed. Section 15.30.540 is repealed. SECTION V SECTION VI 3 SECTION VIII A new Article IX of Chapter 15 is adopted as follows: ARTICLE IX. MITIGATION OF ROAD IMPACTS CAUSED BY CONSTRUCTION PROJECTS Sec. 15.90.010 Purpose. The Town Council finds that the roads of this community were built under a variety of standards and under a variety of agencies. Many of the Town's streets have little base and limited overlay with restricted drainage systems and were never intended to support heavy vehicles or loads. Construction projects have had a serious adverse effect on the Town's street system, and it is only fair and just that there should be an equitable contribution to repair streets that are damaged by hauling and deliveries done in connection with these projects. Because the effects of these projects can be spread across a large area and the Town does not and cannot have the staff or oversight to identify specific items of damage and construction projects accelerate or begin the deterioration of the street system, it is also fair and just to establish a fee to be collected when permits are issued for construction projects that will be deposited in the street repair funds and used in the areas identified with the construction project. The amount of each fee collected should be based on an estimate of the weight of the loads to be hauled to or from the project and the weight of heavy vehicles to be used in connection with the project. Sec. 15.90.020. Scope. The Council will, by resolution, establish a fee schedule for fees to be assessed and paid at the time that a permit is issued by the Town for any of the following types of construction: (a) Building permit; or (b) Encroachment permit; or (c) Grading/landscaping permit; or (d) Improvement contract. Sec. 15.90.030. Usage of fees collected. (a) The fees collected under this article will be deposited in fund accounts. These fees will 4 be used for design, construction, and repair of Town streets, and installation of sidewalk curbcut ramps when such a requirement is triggered by the level of work as provided by the Americans with Disabilities Act, within the geographic area of the construction project as provided in the Council resolution establishing the fee schedule. When a boundary so established by resolution is the centerline of a Town street, the fees affected by the boundary may be used on either side of the street for the length affected by the centerline boundary. (b) The Town Director of Building & Engineering Services will make recommendations for expenditures of the fees collected under this Article as part of the annual Town Capital Improvement Program. SECTION IX This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on , 1994 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on , 1994. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:1ATYIHAULING3.ORD 5 ORDINANCE 1984 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING DIVISION 6 OF ARTICLE III OF CHAPTER 15 OF THE TOWN CODE LIMITING USE OF STREETS BY PERMIT FEES AND ADOPTING A NEW ARTICLE IX OF CHAPTER 15 ESTABLISHING ROAD IMPACT FEES FOR CONSTRUCTION PROJECTS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Section 15.30.505 is hereby amended to read as follows: Sec. 15.30.505. Purpose. The purpose of this division is to regulate heavy or oversized vehicles and hauling activities on Town streets. SECTION II Section 15.30.515 is hereby amended to read as follows 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 1 of chapter 5, division 15 of the California Vehicle Code, commencing at section 35550. SECTION III Section 15.30.520 is hereby amended to read as follows: Sec. 15.30.520. Regulated activity defined. For the purposes of this division, "regulated activity" shall be defined as: (a) Hauling; or (b) The movement of a heavy vehicle; or (c) Operation or movement of vehicle or combination of vehicles or special mobile equipment of a size exceeding the maximum specified in the California Vehicle Code; or (d) Operation or movement of a vehicle carrying a load as defined in Vehicle Code section 35780.5. SECTION IV Section 15.30.525 is hereby amended to read as follows: 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, on the form and in the manner prescribed by the California Department of Transportation pursuant to Vehicle Code section 35781, or should no such form have been prescribed, 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 2 (>) materials; provided, however, that if delivery of materials is to be made in small quantities to numerous places, a general description satisfactory to the Town Engineer of the locations of the contemplated deliveries will be sufficient. A specific description of the vehicle or vehicles and load to be operated or moved. Whether such permit is requested for a single trip or for continuous operation. Such further information as the Town Engineer may require. SECTION IV Section 15.30.530 is hereby amended to read as follows: Sec. 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 issuance of said permit in an amount hereinafter specified. (b) The fee for the issuance of the same as the fee charged by the California Department of Transportation and listed in 21 California Code of Regulations *1411.3. (c) Special services required for evaluating applications for and supervising unusually large or heavy loads, such a engineering investigations, escorts, tree trimming, and arborist evaluations, shall be billed separately for each permit on an actual cost basis. (d) 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, and the fees established by this division shall be in addition to any other traffic mitigation or road impact fees that may apply to the underlying project and in addition to any applicable State or other local agency fee. SECTION V 3 Section 15.30.535 is repealed. SECTION VI Section 15.30.540 is repealed. SECTION VIII A new Article IX of Chapter 15 is adopted as follows: ARTICLE IX. MITIGATION OF ROAD IMPACTS CAUSED BY CONSTRUCTION PROJECTS Sec. 15.90.010 Purpose. The Town Council finds that the roads of this community were built under a variety of standards and under a variety of agencies. Many of the Town's streets have little base and limited overlay with restricted drainage systems and were never intended to support heavy vehicles or loads. Construction projects have had a serious adverse effect on the Town's street system, and it is only fair and just that there should be an equitable contribution to repair streets that are damaged by hauling and deliveries done in connection with these projects. Because the effects of these projects can be spread across a large area and the Town does not and cannot have the staff or oversight to identify specific items of damage and construction projects accelerate or begin the deterioration of the street system, it is also fair and just to establish a fee to be collected when permits are issued for construction projects that will be deposited in the street repair funds and used in the areas identified with the construction project. The amount of each fee collected should be based on an estimate of the weight of the loads to be hauled to or from the project and the weight of heavy vehicles to be used in connection with the project. Sec. 15.90.020. Scope. The Council will, by resolution, establish a fee schedule for fees to be assessed and paid at the time that a permit is issued by the Town for any of the following types of construction: 4 (a) Building permit; or (b) Encroachment permit; or (c) Grading/landscaping permit; or (d) Improvement contract. Sec. 15.90.030. Usage of fees collected. (a) The fees collected under this article will be deposited in fund accounts. These fees will be used for design, construction, and repair of Town streets, and installation of sidewalk curbcut ramps when such a requirement is triggered by the level of work as provided by the Americans with Disabilities Act, within the geographic area of the construction project as provided in the Council resolution establishing the fee schedule. When a boundary so established by resolution is the centerline of a Town street, the fees affected by the boundary may be used on either side of the street for the length affected by the centerline boundary. (b) The Town Director of Building & Engineering Services will make recommendations for expenditures of the fees collected under this Article as part of the annual Town Capital Improvement Program. 5 SECTION IX This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on June 6, 1994 and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on July 18, 1994. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Steven Blanton, Linda Lubeck, Patrick O'Laughlin NAYS: None ABSENT: Joanne Benjamin, Mayor Randy Attaway ABSTAIN: None SIGNED:/s/ Patrick O'Laughlin VICE MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\SHARE\HAULING3.ORD 6 INTERNAL TRACKING ../MPLETE AND INITIAL EACH S . —P ACTION fii,e9/45ti Sizmin1/7.ey AGENDA ITEM: RESOLUTION/ORDINANCE NUMBER: DESCRIPTION: DATE BY LIST IN BOOK 00 101 7 J 4Ai�-Q) ON DISC? MARIAN'S FORM SENT TO DEPT. PUBLISH IF REQUIRED - Indicate date of ORDINANCES ONLY Publication. WHEN SIGNATURE AND /s/ COPY (1 EACH) returned, LIST ON SIGNATURE TRACKING & SEND TO MAYOR SEND COPIES TO DEPT. DISTRIBUTION LIST Dist. Report Date: NO.of COPIES: TYPE ENVELOPES AND MAIL SIGN BY CLERK/SEAL ENTER INTO ECM ORDINANCE/RESOLUTION FILE PUT OUR /s/ COPY IN BASKET. FILE IN VAULT SEND FOR CODIFICATION IF ORDINANCE ! clk fnrms\nrrfre 9 OFFICE OF THE TOWN CLERK ORDINANCES Sr RESOLUTIONS ORIGINATING DEPT: COUNCIL AGENDA DATE: COUNCIL AGENDA ITEM: SUBJECT: Number: Date of Adopt: /if RESOLUTION COUNCIL ACTION: AYES: !/ /V-Z/Z,f, NAYS: ABSENT: ABSTAIN: COUNCIL MEMBERS NAMES: Number: Date of Intro: Date of Adopt: ZONE CHANGE: oot Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin Mayor(or Chairman) RANDY ATTAWAY. ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK BY WEDNESDAY AT 12 NOON. ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION CLK: D14:\OTHER\ORDRES July 18, 1994 Los Gatos, California AGREEMENT/TRACTOR EQUIPMENT SALES/REPAIR/CASE BACKHOE/ RESOLUTION 1994-101. (07. ) Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1994- 101 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO EXECUTE AN AGREEMENT WITH TRACTOR EQUIPMENT SALES FOR REPAIRS TO BACKHOE. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. AGREEMENT/GTE CUSTOMER NETWORKS/UPGRADE/NORSTAR SWITCH/ RESOLUTION 1994-102. (08. ) Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1994- 102 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO EXECUTE AN AGREEMENT WITH GTE CUSTOMER NETWORKS TO UPGRADE CURRENT NORSTAR SWITCH. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. AD VALOREM ASSESSMENT RATE/OPEN SPACE MAINTENANCE DISTRICT NO.2/ TRACT 8400/SANTA ROSA HEIGHTS/RESOLUTION 1994-103. (09. ) Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1994- 103 entitled, RESOLUTION OF THE TOWN OF LOS GATOS LEVYING THE AD VALOREM SPECIAL ASSESSMENT IN OPEN SPACE MAINTENANCE DISTRICT NO. 2. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. AD VALOREM ASSESSMENT RATE/OPEN SPACE MAINTENANCE DISTRICT NO. 3/ TRACK 8280/VASONA HILLS/300 BLOSSOM HILL ROAD/RESOLUTION 1994-104. (10. ) Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1994- 104 entitled, RESOLUTION OF THE TOWN OF LOS GATOS LEVYING THE AD VALOREM SPECIAL ASSESSMENT IN OPEN SPACE MAINTENANCE DISTRICT NO. 3. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. HEAVY VEHICLE/PERMIT FEE/ROAD IMPACT FEE/ORDINANCE 1984. (11. ) Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Ordinance 1984 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING DIVISION 6 OF ARTICLE III OF CHAPTER 15 OF THE TOWN CODE LIMITING USE OF STREETS BY PERMIT FEES AND ADOPTING A NEW ARTICLE IX OF CHAPTER 15 ESTABLISHING ROAD IMPACT FEES FOR CONSTRUCTION PROJECTS. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent. TC:D6:MM071894 3