Cupertino Municipal Code Ch. 11.37 Overweight Vehicle Permit

The purpose of this chapter is to set forth the form and necessary fees for filing an application for a special permit authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight or with a load exceeding the maximum as specified by the California Vehicle Code.

(Ord. 1538, § 1 (part), 1990)

This chapter shall apply to any vehicle which exceeds the size, weight and load allowances as set forth in California Vehicle Code Sections 35000 et seq.

(Ord. 1538, § 1 (part), 1990)

Any applicant who is subject to this chapter and wishes a special permit authorizing the applicant to, with respect to streets and highways under Cupertino’s jurisdiction, operate or move a vehicle or combination of vehicles or special mobile equipment of a size or weight of vehicle or load exceeding the maximum specified in California Vehicle Code Sections 35000 et seq., shall submit an application in the form as set forth in California Vehicle Code Section 35781, attached to the ordinance codified in this chapter as Exhibit A, which form application shall be available from the Cupertino Department of Public Works.

(Ord. 1538, § 1 (part), 1990)

A. The fees for processing and issuing a special permit pursuant to this chapter shall be as authorized by CVC Section 35795(b) “and shall not exceed the fee schedule developed by the Department of Transportation.”

B. The charge per permit issued for repetitive loads of ten or more trips will be the same amount as is charged for the annual permit. To qualify as a repetitive load, the commodity must be of the same size and description, with evidence presented with the application of the anticipated number of loads and an estimate of the anticipated total time involved in the shipment. This type of permit shall also be limited to travel from the specified point of origin to the destination, i.e., restricted haul from point A to point B only. No charge shall be imposed on governmental agencies using their own equipment. Special services necessitated by unusually large or heavy loads requiring engineering investigations, escorts, tree trimming or other services shall be billed separately.

(Ord. 1629, 1993; Ord. 1538, § 1 (part), 1990)

The Director of Public Works may, at his or her discretion, upon the submittal of a complete application and if good cause appears, issue a special permit authorizing the applicant to operate or move a vehicle or combination of vehicles or special mobile equipment of a size and a weight of vehicle or load exceeding the maximum specified in California Vehicle Code Sections 35000 et seq.

(Ord. 1538, § 1 (part), 1990)

The Director of Public Works may withhold a special permit or, if the special permit is issued, limit the number of trips or establish seasonal or other time limitations within which the vehicle or vehicles described in this chapter may be operated, or otherwise limit or prescribe conditions of operation, when necessary to assure against undue damages to the road foundations, surfaces, structures, or roadside and overhead facilities, and may require an undertaking or other security necessary to protect the streets and highways from injury or to provide indemnity from any injury resulting from the operation of the vehicle.

(Ord. 1538, § 1 (part), 1990)

A. Any person aggrieved by a decision of the Director of Public Works under the provisions of this chapter may appeal such decision to the City Council by filing a written notice of the appeal with the City Clerk within five days after the date of the decision.

B. Said notice of appeal must state:

1. The asserted error;

2. The grounds upon which said appeal is taken; and

3. The name and address of the party appealing. Said notice of appeal must be signed by the party appealing, or by his agent. Said notice of appeal shall not be effective unless it is filed with the City Clerk within the time required by subsection A of this section.

C. A public hearing shall be held by the City Council within thirty days from the date of the filing of the notice.

D. Notice of the time and place of the hearing shall be given by mail, postage prepaid, and dispatched not less than ten days prior to the hearing to the applicant at his address as shown upon the notice of appeal.

E. The City Council shall hear the appeal. At the conclusion of the hearing, the Council may affirm, reverse or modify the action appealed; subject, however, to the provisions of this chapter. The findings and decisions of the City Council shall be entered upon the minutes of the City Council, and the decision shall be final and shall take effect as directed by the City Council.

(Ord. 1538, § 1 (part), 1990)