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.
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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.
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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
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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.
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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
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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
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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
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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.
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(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.
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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.
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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.
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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
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