Calabasas Municipal Code Ch. 10.10 Oversize Vehicles

The ordinance codified in this chapter shall be known as the "Oversize Vehicles Ordinance of Calabasas."

(Ord. 2001-162 § 1 (part), 2001)

A. The city council finds that excessive use of the public rights-of-way by oversize vehicles causes damage to public property, increases air pollution, noise, traffic congestion and risk of public safety.

B. The city is authorized to regulate and require permits for the use of the public rights-of-way by oversize vehicles under Vehicle Code Sections 35701, 35780 and 35782.

C. The purpose of this chapter is to safeguard the health, safety, property and public welfare of the city's residents, businesses and visitors by establishing the regulation of routes for oversize vehicles, the issuance of permits and enforcement.

(Ord. 2001-162 § 1 (part), 2001)

The following definitions are applicable to the provisions of this chapter:

"City" means the City of Calabasas.

"Manufacturer's gross vehicle weight rating" means the weight in pounds of the chassis of a truck or truck tractor with lubricants, radiator full of water, full fuel tank or tanks plus weights of the cab or driver's compartment, body, special chassis and body equipment and payload as authorized by the chassis manufacturer.

"Oversize vehicle" means any vehicle having a manufacturer's gross vehicle weight rating in excess of fourteen thousand (14,000) pounds.

"Trip" means a single or one-directional vehicle movement.

(Ord. 2001-162 § 1 (part), 2001)

A. No person shall operate upon any public street within the city streets any oversize vehicle except by special permit.

B. Exceptions.

1. Emergency Repairs. The provisions of this chapter shall not apply to any oversize vehicle that is actually being repaired in an emergency situation.

2. Merchandise Deliveries. The provisions of this chapter shall not apply to any oversize vehicle making less than three pickups or deliveries of goods, wares or merchandise, which shall not include building materials or supplies, from or to any building or structure within the city.

3. Public Utility Vehicles. The provisions of this chapter shall not apply to any vehicle owned by a public utility or a licensed contractor while necessarily in use in the construction, installation or repair of any public utility within the city.

4. Authorized City Owned or Operated Vehicles. The provisions of this chapter shall not apply to any authorized city owned or operated vehicle while such vehicle is being used for official business.

5. Passenger Buses. The provisions of this chapter shall not apply to passenger buses authorized and regulated by the public utilities commission and any vehicles used subject to Sections 1031 to 1036, inclusive, of the Public Utilities Code.

6. Garbage, Rubbish, Refuse or Recycled Materials Trucks. The provisions of this chapter shall not apply to vehicles for the collection of garbage, rubbish, refuse or recycled materials owned by persons holding a valid permit or franchise granted by the city.

7. Private Recreational Vehicles. The provisions of this chapter shall not apply to privately owned and licensed recreational vehicles.

8. Preempted Vehicles. The provisions of this chapter shall not apply to any vehicles preempted by the Vehicle Code.

(Ord. 2001-162 § 1 (part), 2001)

Appropriate signs shall be erected as the city determines will best serve to give notice of this chapter.

(Ord. 2001-162 § 1 (part), 2001)

Any person may apply for a special permit for operation of oversize vehicles on city streets. The application for a special permit shall be submitted on a form prescribed by the city and filed with the transportation department, along with a filing fee to be set by city council resolution. In order to reduce air pollution and encourage the use of "clean" energy source vehicles, the filing fee for a special permit shall be waived if the applicant covenants to use only low emission vehicles ("LEV") or ultra low emission vehicles ("ULEV").

(Ord. 2001-162 § 1 (part), 2001)

A. If a special permit is issued, the city is authorized to prescribe conditions of operation of the vehicles to protect public health and safety; prevent interference with the orderly flow of traffic; control air pollution, dust and noise; and to assure against undue damage to the road foundation, surfaces and structures.

B. The conditions which may be imposed upon the grant of a special permit include, but are not limited to:

1. Limits on the number of trips per day;

2. Limits on the times and seasons of operation;

3. Prohibitions on the stacking of vehicles;

4. Extra insurance or other financial security for unusually large loads or numerous trips;

5. Traffic controls;

6. Noise controls;

7. Dust and odor controls;

8. Litter controls;

9. Air quality controls;

10. Compliance with all federal, state and local laws and regulations;

11. Hold harmless and indemnification conditions;

12. Any other limits or conditions of operation necessary or appropriate to protect the public health, safety or welfare.

(Ord. 2001-162 § 1 (part), 2001)

The application for any special permit shall be in writing and shall include at a minimum:

A. A completed environmental information form;

B. The proposed vehicle route;

C. Total number of proposed trips and number of vehicles per day;

D. The weight, length and height of the vehicle(s);

E. Time period over which vehicles propose to use city streets;

F. Material(s) to be hauled;

G. Type(s) of vehicle;

H. Type(s) of fuel to be used;

I. Purpose of the trips;

J. Proof of financial responsibility in accordance with Vehicle Code Sections 16500.5 and 16020;

K. Proof that no feasible alternative route is available;

L. If the trips are for construction, the applicant must submit a construction impacts mitigation plan;

M. Proof of good cause for the permit;

N. Name, address, telephone and fax numbers for notices;

O. Any other information the city may deem necessary;

P. Payment of fee, as established by the most recently adopted city council resolution.

(Ord. 2001-162 § 1 (part), 2001)

A. For special permits requesting permission for us of the city streets by oversize vehicles, the city transportation director shall have the authority to review the application and grant the special permit upon the making of the findings that no feasible alternative route is available or to deny the permit if the findings cannot be made. The city transportation director may also impose conditions upon the grant of the special permit pursuant to Section 10.10.070. The decision of the city transportation director may be appealed to the city council, upon payment of an appeal fee set by city council resolution.

B. For special permits requesting permission for oversize vehicles to make more than ten (10) vehicle trips per day or more than thirty (30) total trips over the duration of the special permit, the transportation director shall review the application and make a report and recommendation to the city council. The city council may grant the permit upon the making of the findings that no feasible alternative route is available and good cause exists for the grant of the permit or deny the permit if the findings cannot be made. The city council may also impose conditions upon the grant of the special permit pursuant to Section 10.10.070. The decision of the city council shall be final.

(Ord. 2001-162 § 1 (part), 2001)

Any permit issued pursuant to this chapter for good cause may be amended or revoked by the transportation director by giving the permittee twenty-four (24) hours' written notice, by personal or facsimile service, setting forth the grounds for the amendment or revocation.

(Ord. 2001-162 § 1 (part), 2001)

No special permit shall be valid for more than six months. A permit may be renewed for an additional six months by the transportation director, if the transportation director finds that the applicant has complied with all of the permit conditions and no additional conditions are necessary or appropriate to protect the public health, safety or welfare.

(Ord. 2001-162 § 1 (part), 2001)

The transportation director shall enforce all special permit conditions and may further limit or stop oversize vehicle operations, if necessary, to enforce special permit conditions or abate violations.

(Ord. 2001-162 § 1 (part), 2001)

Violation of the provisions of this chapter is an infraction and is punishable according to the provisions of the city's enforcement code.

(Ord. 2001-162 § 1 (part), 2001)