Portola Valley Municipal Code Ch. 10.52 Truck Routes

Whenever any ordinance or provision thereof of the town, designates or describes any street, or 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 town clerk is authorized to designate such a street, or streets, or portions thereof, by approaching signs 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 town, 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 Transportation. 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.

(Ord. 1965-47 § 1 (3800.0), 1965)

The following streets or highways are declared to be truck traffic routes for the movement of vehicles exceeding a maximum gross weight including load of three tons, hereinafter sometimes called "trucks," subject to the permit and fee requirements of this chapter; and the town clerk is authorized and directed to designate such street or highway by appropriate signs as "truck route." The streets or highways are particularly designated as follows:

A. Los Trancos Road from its junction with Alpine Road to the town boundary;

B. Alpine Road from its junction with Los Trancos Road generally north to the town boundary (near Ladera).

(Ord. 1967-84 § 3 (part), 1968: Ord. 1965-47 § 1 (3800.5), 1965)

All streets not designated in this chapter or any other ordinance of the town 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.

(Ord. 1965-47 § 1 (3800.1), 1965)

A. Outside Destination. All trucks entering the town for a destination point outside the town shall operate only over a truck traffic route as established by Section 10.52.020 of this chapter.

B. One Inside Destination Point. All trucks entering the town for a destination point in the town shall enter the town only on an established truck route and shall proceed only over an established 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 truck route by the shortest route.

C. Multiple Inside Destination Points. All trucks entering the town for multiple destination points shall enter the town only on established truck routes, shall proceed only over established truck 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 truck route by the shortest route.

(Ord. 1965-47 § 1 (3800.2), 1965)

A. Outside Destination Point. All trucks on a trip originating in the town and traveling in the town for a destination point outside the town shall proceed by the shortest route to the nearest truck route as established in this chapter.

B. Inside Destination Points. All trucks on a trip originating in the town and traveling in the town for destination points in the town shall proceed to such destination points by the shortest route.

(Ord. 1965-47 § 1 (3800.3), 1965)

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 town to proceed to any public or private scale available for the purpose of weighing and determining whether this chapter has been complied with.

(Ord. 1965-47 § 1 (3800.4), 1965)

Notwithstanding any other provisions of the ordinance codified in this chapter or any other ordinance of the town, other than as excepted from the application of this chapter by the provisions of Sections 10.52.010 and 10.52.030, trucks exceeding the maximum gross weight limits set forth in this chapter may be permitted on designated streets of the town under the conditions and provisions set forth in Sections 10.52.080 through 10.52.250.

(Ord. 1967-84 § 3 (part), 1968: Ord. 1965-47 § 1 (3800.6 (part)), 1965)

Any person, firm or corporation, or authorized agent thereof, desiring to haul earth and fill and/or other material along any truck traffic route or restricted street, shall file an application in triplicate for a permit so to do with the town clerk, the original of which shall be verified. The application shall set forth the information required in subsections A through H of this section, or, in the event the application is filed by an authorized agent, such information as may be required pursuant to subsection I of this section:

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 hauling earth and fill and/or other material;

C. The amount of earth and fill and/or other material intended to be hauled;

D. The dates on which the hauling is intended to be commenced and completed, and the times of day during which hauling is intended to be done;

E. The route within the town which applicant proposes to use over public streets and/or private property transporting the earth and fill and/or other material;

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 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 town clerk, or the locations of the contemplated deliveries will be sufficient;

H. Such further information as the town clerk may require;

I. If the application is filed by an authorized agent of any person, firm or corporation, the application shall contain all such information as may be required by the town clerk. Such information may include any or all of the requirements provided in subsections A through H of this section.

(Ord. 1967-84 § 3 (part), 1968: Ord. 1965-47 § 1 (3800.6 (a)), 1965)

At the time of filing the application, applicant shall pay to the town, at the office of the town treasurer, a minimum filing fee of thirty-five dollars to cover the cost of the town's investigation of such application.

(Ord. 1965-47 § 1 (3800.6 (b)), 1965)

Immediately upon the filing of an application for a permit to haul, two copies of such application shall be delivered to the town clerk. The town clerk 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 chapter, or deny the same in whole or in part.

(Ord. 1965-47 § 1 (3800.6 (c)), 1965)

The application shall be granted by the town clerk only if she finds as follows:

A. That the public health, safety or welfare require the hauling and deposit of the earth fill, and the use of the route applied for, or such modification thereof as she may deem advisable;

B. That the hauling over the route specified will not be injurious to the public health, safety or welfare; and that the vehicles used are in conformance with the safety, maintenance and inspection requirements of the state;

C. That the town will be duly protected from liability for injury to persons and property;

D. That the town will be indemnified from injury to its public streets and other places by reason of the use thereof for such hauling.

(Ord. 1965-47 § 1 (3800.6 (d)), 1965)

A. The town clerk shall require, as a condition to the granting of such permit, that the applicant, prior to the issuance of the permit, deposit with the town treasurer, as security for the payment of the fees specified in Section 10.52.130, a sum of money to be fixed by the town clerk, which shall be based upon the charges set forth in Section 10.52.130; provided, however, as follows:

1. That the security shall be applied to the progress payments, or if none be required, then to the sole payment, on the permit fee required under Section 10.52.130 as and when such payments become due;

2. That, within thirty-five days after the hauling shall have been completed, permittee shall pay to town at the office of the town treasurer the difference between the amount deposited pursuant to this section and the fee due the town under Section 10.52.130, if the fee due under Section 10.52.130 be greater than the sum deposited under this section;

3. That, within thirty-five days after the hauling shall have been completed, the town treasurer shall return to the permittee the difference between the fee due under Section 10.52.130 and the amount deposited under this section, if the fee due under Section 10.52.130 be less than the sum deposited under this section;

4. That the amount deposited under this section shall be returned to applicant if, prior to the commencement of any hauling operation, pursuant to such application, applicant shall have notified the town clerk of his intention not to engage in any such hauling operation and demanded the return of the deposit.

B. All notices required under these provisions shall be in writing and delivered personally to the town clerk or transmitted by United States registered or certified mail, postage prepaid, and addressed to her at the town offices, Portola Valley, California.

C. The amount demanded by applicant shall be returned to him within ten days after such notice shall have been received by the town clerk.

(Ord. 1965-47 § 1 (3800.6 (e)), 1965)

A. In the event a permit be granted, the permittee shall pay to the town at the office of the town treasurer a fee for the privilege of such permit at the rate of one and one-half cents per ton mile for the material hauled if the permit is granted over streets designated as "truck routes," or at the rate of three and one-quarter cents per ton mile for the material hauled if the permit is granted over any other restricted street within the limits of the town. Such material shall be weighed and measured by the town from time to time at the time and place and in the manner specified by the town clerk, and, except as otherwise provided in this section, the amount due under this section shall be paid by permittee to the town at the end of each week of haul, if the hauling shall consume more than one week; otherwise, at the end of the hauling period. Should the permit be granted pursuant to application made under subsection I of Section 10.52.080, the permit may provide for payment by the authorized agent at the termination of regular accounting periods of the authorized agent, but not less often than once each quarter.

B. The moneys collected from such fees shall be deposited in the "truck route fund," and shall be used for the repair and maintenance of truck routes. The truck route fund is created and shall be kept by the town treasurer.

(Ord. 1975-137 § 3, 1975: Ord. 1967-84 § 3 (part), 1967: Ord. 1965-47 § 1 (3800.6 (f)), 1965)

The town clerk shall require, as a condition to the granting of any permit under Sections 10.52.070 through 10.52.250 for the hauling of earth, fill or any other material, that the applicant deposit with the town clerk a surety bond in an amount to be fixed and form to be specified by the town clerk, inuring to the benefit of the town, guaranteeing that applicant will faithfully perform all of the conditions and requirements specified in the permit, and will repair to the satisfaction of the town engineer or superintendent of streets, or at the option of the town clerk, reimburse the town for, any damage caused to town streets or other town property by the proposed hauling or transportation of material or equipment. Such bond shall be executed by a surety or sureties approved by the town clerk as being sufficient in financial responsibility.

(Ord. 1965-47 § 1 (3800.6 (g)), 1965)

A. The town clerk shall also require, as a condition to the granting of any such permit, that the applicant deposit with the town clerk a certificate or policy of a responsible insurance company, showing that the town, 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, person, or corporation acting in his, their or its 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 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 on account of one accident.

2. Property Damage Insurance. In an amount of not less than twenty thousand dollars.

B. With the approval of the town clerk, the applicant may deposit the aforesaid surety bonds and policies of insurance on an annual or continuing basis, to cover one or more permits for hauling in the same or different locations.

(Ord. 1965-47 § 1 (3800.6 (h)), 1965)

The town clerk 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 town clerk to be least dangerous to public safety, and which shall cause the least interference with general traffic and the least damage to public streets.

(Ord. 1965-47 § 1 (3800.6 (i)), 1965)

The town clerk shall also specify, in granting the permit, the following:

A. The gross weight limit of each truck or vehicle which shall be authorized to haul under the permit;

B. The time interval between vehicles, and the number of trucks 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 trucks shall be permitted to travel over the route;

D. The total number of yards of fill which may be hauled subject to the permit;

E. The period during which the permit is effective.

(Ord. 1965-47 § 1 (3800.6 (j)), 1965)

In the event the application be denied, or the permit be issued on modified terms, on any application for a permit as provided for in Sections 10.52.070 through 10.52.250, within five days of such action the town clerk shall notify the applicant in writing by registered United States mail of such modification or denial, stating the reasons therefor.

(Ord. 1965-47 § 1 (3800.6 (k)), 1965)

In the event the town clerk modifies or denies in whole or in part any application for a permit as provided for in Sections 10.52.070 through 10.52.250, applicant may file with the town clerk a written notice of appeal to the council from such decision. Such notice of appeal must be filed within five days of the mailing of the notice provided for in Section 10.52.180. In such event the town clerk shall set the hearing on such appeal before the council for the second succeeding regular meeting after the date of filing such notice.

(Ord. 1965-47 § 1 (3800.6 (l)), 1965)

At the time set for the hearing 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.

(Ord. 1965-47 § 1 (3800.6 (m)), 1965)

Any permit granted under Sections 10.52.070 through 10.52.250 may be revoked only by the council as it in its discretion may deem 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 chapter or of such permit. Revocation of such permit shall be made only upon a hearing before the council, after at least five days notice to permittee. Such notice shall be in writing mail by United States mail addressed to permittee at his business or residence address as stated in his application for a permit.

(Ord. 1965-47 § 1 (3800.6 (n)), 1965)

A. All provisions of Sections 10.52.180, 10.52.190 and 10.52.200 for hearings, findings, orders, and conclusiveness of such findings and orders shall apply to Sections 10.52.070 through 10.52.250, provided, however, that the minimum time for any notice required by Sections 10.52.070 through 10.52.250, shall be five days.

B. The town clerk or council may suspend any permit granted under Sections 10.52.070 through 10.52.250, pending the hearing provided in Sections 10.52.070 through 10.52.250, where, in her or its opinion, the public health, safety or welfare require it.

(Ord. 1965-47 § 1 (3800.6 (o)), 1965)

In the event that any hauling for which a permit has been granted under Sections 10.52.070 through 10.52.250 is not commenced within five days from the date of issuance of such permit, or in the event that such hauling is at any time abandoned for a period of five consecutive days, 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 cubic yards which such permit authorizes to be hauled, or if haulings vary from the terms of the permit, no further hauling may be made until a new or a supplemental permit to haul has been issued. In either event set forth in this section an application for a supplemental permit to continue the hauling may be filed, 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 10.52.130 and the fee so paid shall be subject to the provisions of Section 10.52.130. The town clerk may dispense with any further investigation or hearing, if, in her opinion, the information furnished her by the original investigation is sufficient to enable her to determine whether the supplemental permit should be issued and upon what conditions, if any.

(Ord. 1965-47 § 1 (3800.6 (p)), 1965)

In the event a supplemental permit be refused, permittee may appeal to the council in the manner provided in Sections 10.52.180, 10.52.190 and 10.52.200 for an appeal from a denial of a permit, and all provisions of Sections 10.52.180, 10.52.190 and 10.52.200 for giving of notices, hearings, findings, orders, and conclusiveness of such findings and orders, shall apply to this section.

(Ord. 1965-47 § 1 (3800.6 (q)), 1965)

Nothing in Sections 10.52.070 through 10.52.250 or in any permit granted under Sections 10.52.070 through 10.52.250 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 town or without any license or permit otherwise required by such term, provision, ordinance, or license.

(Ord. 1965-47 § 1 (3800.6 (r)), 1965)