Chapter 11.48

Whenever any ordinance or provision thereof of the city designated or describes any street, streets or portions thereof as a street or streets, the use of which is permitted by any commercial vehicle, or by any vehicle exceeding the maximum gross weight of three tons, the city manager is authorized to designate such street or streets or portions thereof by appropriate signs such as "truck traffic routes" for the movement of commercial vehicles and vehicles exceeding the maximum gross weight limit of three tons. No such ordinance shall be effective with respect to any highway which is not under the exclusive jurisdiction of the city or in the case of any state highway, until such proposed ordinance has been submitted by the council to and approved in writing by the department of public works. No such ordinance shall prohibit any commercial vehicles coming from an unrestricted street having ingress or egress by direct route to and from a restricted street 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 street, or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon such restricted street for which a building permit has previously been obtained therefor. No such ordinance shall apply to any vehicle owned by a public utility while necessarily in use for the construction, installation or repair of any public utility. (Prior code § 16.1).

11.48.020 Routes enumerated.

The following streets or highways are truck traffic routes for the movement of vehicles exceeding a maximum gross weight, including load, of three tons, hereinafter sometimes called "trucks," and the city manager is authorized and directed to designate such streets or highways by appropriate signs as such truck route.

The following streets or highways are particularly designated as truck traffic routes:

(1) All of Marsh Road and Haven Avenue within the city limits;

(2) Willow Road, east of Bayshore Freeway;

(3) All of Sand Hill Road and Alpine Road within the city limits. (Ord. 598 § 1 (a), 1976; Prior code § 16.2).

11.48.030 Exceptions to Section 11.48.020—Limited routes enumerated.

Notwithstanding any other provision of this chapter, trucks entering the city for a destination point within the city or a truck on a trip originating within the city are permitted along the following portions of the following streets within the city:

(1) Middlefield Road between Willow Road and Ravenswood Avenue;

(2) Santa Cruz Avenue west of Merrill Street;

(3) Ravenswood Avenue between Middlefield Road and El Camino Real;

(4) Menlo Avenue between El Camino Real and University Drive;

(5) Oak Grove Avenue between El Camino Real and University Drive;

(6) University Drive between Menlo Avenue and Oak Grove Avenue;

(7) Merrill Street between Ravenswood Avenue and Santa Cruz Avenue;

(8) O’Brien Drive between University Avenue and Willow Road. (Ord. 835 § 1, 1992: Ord. 718 § 1, 1985; Ord. 598 § 1 (b), 1976; Prior code § 16.3).

11.48.035 Further exception to Section 11.48.020—Specially limited route.

"Territory," for purposes of this section, is the territory within the city from Bayshore Highway to and including Middlefield Road. Notwithstanding any other provision of this chapter, trucks entering the city for a destination point within the said territory or a truck on a trip originating within said territory are permitted on Willow Road between Bayshore Freeway and Middlefield Road. (Ord. 835 § 2, 1992).

11.48.040 Operation of vehicles on restricted streets.

All streets not designated in the ordinance codified in this chapter or any other ordinance of the city as truck traffic routes are called "restricted streets." When any such truck traffic route or routes are established and designated by appropriate signs, the operator of any commercial vehicle or any vehicle exceeding a maximum gross weight limit of three tons shall drive on such route or routes and none other except when necessary to traverse another street or streets for the purpose of making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on a restricted street or 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 or structure upon such restricted street, for which a building permit has been previously obtained therefor, but then only by such deviation from the nearest truck route as is reasonably necessary. The provisions of this section shall not apply to any vehicle owned by a public utility while necessarily in use in the construction, installation or repair of any public utility. (Prior code § 16.4).

11.48.050 Destination points—Outside origin.

(a) Outside Destination. All trucks entering the city for a destination point outside the city shall operate only over a truck traffic route as established by Section 11.48.020.

(b) One Inside Destination Point North of U.S. 101. All trucks entering the city for a destination point in the city north of U.S. 101 (Bayshore Highway) shall enter the city only on an established truck route or a state highway and shall proceed only over an established truck route or a state highway and shall deviate only at the intersection with the street nearest to the destination point. Upon leaving the destination point, the deviating truck shall return to the nearest truck traffic route or state highway by the shortest route.

(c) One Inside Destination Point South of U.S. 101. All trucks entering the city for a destination point in the city south of U.S. 101 (Bayshore Highway) shall enter the city only on an established truck traffic route or a limited truck route and shall proceed only over an established truck route or a limited truck route and shall deviate only at the intersection with the street nearest to the destination point. Upon leaving the destination point, the deviating truck shall return to the nearest limited truck route or truck traffic route by the shortest route.

(d) Multiple Inside Destination Points. All trucks entering the city for multiple destination points within the city shall enter the city only on an established truck traffic route or a limited truck route, shall proceed only over an established limited truck route or truck traffic routes and shall deviate only at the intersection with the street nearest to the first destination point. Upon leaving the first destination point, a deviating truck shall proceed to all other destination points by the shortest route. Upon leaving the last destination point, the deviating truck shall return to the nearest limited truck route or truck traffic route by the shortest route. (Ord. 605 § 1 (a), 1977: Prior code § 16.5).

11.48.060 Destination points—Inside origin.

(a) Outside Destination Point. All trucks on a trip originating in the city and traveling in the city for a destination point outside the city shall proceed by the shortest route to the nearest limited truck route or truck route as established in this division.

(b) Inside Destination Points. All trucks on a trip originating in the city and traveling in the city for destination points in the city shall proceed to such destination points by the shortest route. (Prior code § 16.6).

11.48.070 Weighing.

Any police officer shall have the authority to require any person driving or in control of any truck on any public street or highway in the city to proceed to any public or private scale available for the purpose of weighing and determining whether this chapter has been complied with. (Prior code § 16.7).

11.48.080 Penalty for violation.

Any violation of this chapter shall constitute a misdemeanor and each day of any such violation of any provision of this chapter shall constitute a separate misdemeanor, punishable by a fine of not to exceed three hundred dollars or imprisonment in the county jail not exceeding thirty days or by both such fine and imprisonment. (Prior code § 16.8).

11.48.090 Required.

Notwithstanding any other provisions of this chapter or any other ordinance of the city, trucks exceeding the maximum gross weight limits set forth in this chapter, the operation of which is not otherwise permitted under this chapter, may be permitted on designated streets of the city under the conditions and provisions set forth in Sections 11.48.100 through 11.48.290. (Prior code § 16.9).

11.48.100 Filing application.

Any person desiring to operate any truck exceeding the maximum gross weight limit set forth in this chapter along any restricted street shall file an application in triplicate for a permit so to do with the city manager, the original of which shall be verified. (Prior code § 16.10).

11.48.110 Fee for application.

At the time of filing the application, applicant shall pay to the city a filing fee established by resolution of the City Council to cover the cost of the city’s investigation of such application. (Prior code § 16.11).

11.48.120 Contents of application.

The application provided for in Section 11.48.100 shall set forth the following information:

(1) 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 shall be included with the full identification of such person and his business and residence address;

(2) The facts constituting the necessity for such operation within the city;

(3) The dates and times on which such operation is intended to be commenced and completed and the times of day during which such operating is intended to be done;

(4) The route within the city which the applicant proposes to use over public streets;

(5) The time interval between vehicles and the number of vehicles per hour which travel over the route for which the permit is applied;

(6) The locations of the place or places of destination and origin; provided, however, that if delivery is to be made in small quantities to numerous places, a general description, satisfactory to the city manager, of the locations of the contemplated deliveries will be sufficient;

(7) Such further information as the city manager may require. (Prior code § 16.12).

11.48.130 Investigation of applicant.

Immediately upon the filing of an application for a permit, two copies of such application shall be delivered to the city manager. The city manager shall have made an investigation of the facts stated in the application and within five days from the date of filing such application shall either grant a permit with or without modification, as set forth in this division, or deny the same in whole or in part. (Prior code § 16.13).

11.48.140 Conditions for approval of application.

The application shall be granted by the city manager only if he finds as follows:

(1) That the public health, safety or welfare require the granting of a permit and the use of the route applied for or such modification thereof as he may deem advisable;

(2) That the hauling over the route specified will not be injurious to the public health, safety or welfare;

(3) That the city will be duly protected from liability for injury to persons and property;

(4) That the city will be indemnified from injury to its public streets and other places by reason of the use thereof for such hauling. (Prior code § 16.14).

11.48.150 Denial of application—Notice to applicant.

In the event that the application is denied or the permit is issued on modified terms, on any application for a permit as provided for in this division, within five days of such action, the city manager shall notify applicant in writing by registered United States mail of such modification or denial, stating the reasons therefor. (Prior code § 16.15).

11.48.160 Right of appeal.

In the event the city manager modifies or denies in whole or in part any application for a permit as provided for in this section, the applicant may file with the city clerk a written notice of appeal to the City Council from such decision. Such notice of appeal must be filed within five days of the mailing of the notice provided for in Section 11.48.150. In such event, the city clerk shall set the hearing on such appeal before the City Council for the second succeeding regular meeting after the date of filing such notice. (Prior code § 16.16).

11.48.170 Hearing—Decision of council.

At the time set for the hearing provided for in Section 11.48.160, the council may summon witnesses and hear evidence relating to the application. The council may continue the hearing from time to time. At the conclusion thereof, the council shall make its findings thereon and may grant or deny the application or make such modifications with reference thereto as it may deem fit. The findings and order of the council shall be final and conclusive on applicant, and no application for substantially the same purpose may be made by applicant for one year after the date of such findings and order. (Prior code § 16.17).

11.48.180 Deposit required.

The city manager may require, as a condition to the granting of such permit, that the applicant, prior to the issuance of the permit, deposit with the city manager, as security for the payment of the fees required in Section 11.48.190, a sum of money to be fixed by the city manager, which shall be based upon the charges required in Section 11.48.190; provided, however, as follows:

(1) The security shall be applied to the progress payments, or if none are required, then to the sole payment on the permit fee required under Section 11.48.190 as and when such payments become due;

(2) Within thirty-five days after the hauling has been completed, permittee shall pay to the city the difference between the amount deposited pursuant to this section and the fee due the city under Section 11.48.190, if the fee due under Section 11.48.190 is greater than the sum deposited under this section;

(3) Within thirty-five days after the hauling has been completed, the city treasurer shall return to the permittee the difference between the fee due under Section 11.48.190 and the amount deposited under this section, if the fee due under Section 11.48.190 is less than the sum deposited under this section;

(4) The amount deposited under this section shall be returned to the applicant if, prior to the commencement of any hauling operation, pursuant to such application, the applicant has notified the city manager of his intention not to engage in any such hauling operation and demanded the return of the deposit;

All notices required under these provisions shall be in writing and delivered personally to the city manager or transmitted by United States registered or certified mail, postage prepaid, and addressed to him at the city hall.

The amount demanded by the applicant shall be returned to him within ten days after such notice has been received by the city manager. (Prior code § 16.18).

11.48.190 Fees—Depositing in truck route fund.

In the event a permit is granted, the permittee shall pay to the city at the office of the city treasurer a fee for the privilege of such permit at the rate established by resolution of the City Council. Such material hauled shall be weighed or measured by the city from time to time at the time and place and in the manner specified by the city manager, and the amount due under this section shall be paid by the permittee to the city at the end of each week of haul if the hauling consumes more than one week; otherwise, at the end of the hauling period. The moneys collected from such fees shall be deposited in the truck route fund and shall be used for general street repair and maintenance. Such fund is created and shall be kept by the city treasurer. (Ord. 605 § 1(b), 1977: prior code § 16.19).

11.48.200 Surety bond.

The city manager may require, as a condition to the granting of any permit under this division that the applicant deposit with the city manager a surety bond in an amount to be fixed and on a form to be specified by the city manager, inuring to the benefit of the city, guaranteeing that applicant will faithfully perform all of the conditions and requirements specified in the permit and will repair to the satisfaction of the city engineer or, at the option of the city manager, reimburse the city for any damage. caused to city streets or other city property by the proposed hauling or transportation of material or equipment. Such bond shall be executed by a surety or sureties approved by the city manager as being sufficient in financial responsibility. (Prior code § 16.20).

11.48.210 Insurance required.

The city manager may also require, as a condition to the granting of any such permit, that the applicant deposit with the city manager a certificate or policy of a responsible insurance company showing that the city, its elective and appointive boards, officers, agents and employees are insured, in amounts specified in this section, against any loss or damage arising directly from the operations of the applicant or any firm acting in his behalf in carrying on any operation connected directly or indirectly with the hauling for which such permit is issued. Such policies of insurance shall be as follows:

(1) Public Liability Insurance. In an amount not less than one hundred thousand dollars ($100,000) for injuries, including, but not limited to, accidental death to any one person, and subject to the same limit for each person in an amount of not less than three hundred thousand dollars ($300,000) on account of one accident;

(2) Property Damage Insurance. In an amount of not less than twenty thousand dollars ($20,000);

With the approval of the city manager, the applicant may deposit the aforesaid surety bonds and policies of insurance on an annual or continuing basis to cover one (1) or more permits for hauling in the same or different locations. (Prior code § 16.21).

11.48.220 Establishing routes over restricted streets.

The city manager shall establish the route or routes over restricted streets which all vehicles subject to the permit shall travel, and such vehicles shall travel only directly over such route or routes as may be directed by the city manager to be least dangerous to public safety and which shall cause the least interference with general traffic and the least damage to public streets. (Prior code § 16.22).

11.48.230 Conditions of permit.

The city manager shall also specify in granting the permit the following conditions:

(1) The gross weight limit of each truck or vehicle which shall be authorized to haul under the permit;

(2) The time interval between vehicles and the number of trucks per hour which shall be permitted to travel over the route specified;

(3) The hours of the day and the days of the week during which such trucks shall be permitted to travel over such route;

(4) The total volume or quantity of materials which may be hauled subject to the permit;

(5) The period during which the permit is effective. (Prior code § 16.23).

11.48.240 Permit revocation generally.

Any permit granted under this chapter may be revoked by the Council as in its discretion may seem reasonable and just for any reason for which the issuance of such permit might lawfully be denied or for any failure to comply with any of the terms of this division or of such permit. Revocation of such permit shall be made only upon a hearing before the Council after at least five (5) days’ notice to permittee. Such notice shall be in writing, mailed by United States mail, addressed to permittee at his business or residence address as stated in his application for a permit. (Prior code § 16.24).

11.48.250 Hearing.

All provisions of Sections 11.48.150—170 for hearings, findings, orders and conclusiveness of such findings and orders shall apply to this section; provided, however, that the minimum time for any notice required by this section shall be five (5) days.

The city manager or Council may suspend any permit granted under this division pending the hearing; provided, where, in his or its opinion, the public health, safety or welfare require it. (Prior code § 16.25).

11.48.260 Expiration of permit.

In the event that any hauling for which a permit has been granted under this division is not commenced within the time specified in the permit for commencement or in the event that such hauling is at any time abandoned or the permittee fails to operate as scheduled, such permit shall automatically expire without notice, and no further hauling shall be made; however, the conditions expressed in such permit shall remain binding upon the person to whom such permit was issued, and all legal and equitable remedies shall be available against him for any breach thereof. When the amount of material hauled equals the number of tons or cubic yards which such permit authorizes to be hauled or if haulings vary from the term of the permit, no further hauling may be made until a new or a supplemental permit to haul has been issued. (Prior code § 16.26).

11.48.270 Supplemental permit—Application—Fee—Issuance.

If either condition described in Section 11.48.260 exists, the permittee may file an application for a supplemental permit to continue the hauling, setting forth all the information required for the original application and not contained therein. No further filing fee shall be required but if such supplemental permit is issued, the applicant shall pay the fee prescribed in Section 11.48.190 and the fee so paid shall be subject to the provisions of such Section 11.48.190. The city manager may dispense with any further investigation or hearing if, in his opinion, the information furnished him by the original investigation is sufficient to enable him to determine whether the supplemental permit should be issued and upon what conditions, if any. (Prior code § 16.27).

11.48.280 Denial of supplemental permit—Right of appeal.

In the event a supplemental permit be refused, permittee may appeal to the council in the manner provided in Sections 11.48.150—170 for an appeal from a denial of a permit, and all provisions of such sections for giving of notices, hearings, findings, orders and conclusiveness of such findings and orders shall apply to this section. (Prior code § 16.28).

11.48.290 Noncompliance with other regulations.

Nothing in this chapter or in any permit granted under this chapter shall be deemed to authorize the doing or omission of any act contrary to any term or provision of any ordinance or license of this city or without any license or permit otherwise required by such term, provision, ordinance or license. (Prior code § 16.29).

Chapter 11.48TRUCK ROUTES—WEIGHT LIMITS

11.48.010 Designation of truck traffic routes—Procedure—Application.