Redwood City Municipal Code § 20.64 Use by Vehicles Hauling Earth Material Exceeding Three Tons

Footnotes:

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Editor's note— Ord. No. 1866, §§ 1, 2, enacted Sept. 20, 1982, repealed Div. 2, §§ 20.62—20.82, pertaining to limited truck traffic routes, and enacted in lieu thereof a new Div. 2, §§ 20.62—20.74, as herein set out. Former Div. 2 was derived from Ord. No. 920, § 1.

Cross reference— Uses of Rights-of-Way, Ch. 33A.

The purpose of this Division is to regulate earth hauling on City streets, as a result of grading, excavating or fill operations, or combinations thereof; and further, to establish user fees for earth hauling, which has been found to be the single most significant contributor to the premature deterioration of streets within the City, the proceeds of which will be designated for repair and maintenance of those streets actually used for such earth-hauling activity.

(Ord. No. 1866, § 2, 9-20-82; Ord. No. 1878, § 1, 9-19-83)

For the purpose of this Division, "earth hauling" shall be defined as the transportation, on and upon City streets, of any material resulting from or to be used in grading, excavating or fill operations, or combinations thereof, excepting therefrom aggregate base and asphalt concrete materials used for roadway and parking area structural sections to be placed above the subgrade plane.

(Ord. No. 1866, § 2, 9-20-82; Ord. No. 1878, § 2, 9-19-83)

Notwithstanding any other provisions of this Code, vehicle hauling earth material the gross weight, including load, of which exceeds three (3) tons, may be permitted along streets from which they are otherwise excluded.

(Ord. No. 1866, § 2, 9-20-82)

Any person desiring to haul earth materials exceeding three (3) tons, within the City, except on a truck route as so designated in Section 20.52 of this Code, shall file an application in triplicate for a permit to do so with the Director of Public Works, the original of which shall be verified. 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 hauling.

C. The amount of material expected to be hauled, in tons.

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 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 materials, provided, however, that if delivery is to be made in small quantities to numerous places, a general description satisfactory to the Director of Public Works 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 Director of Public Works may require.

(Ord. No. 1866, § 2, 9-20-82)

A. As a condition to the issuance of a permit, the permittee shall pay to the City at the office of the Director of Community Development 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 hauling, and that said sum will provide full indemnity for the damages and injury resulting from such hauling; 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 hauling. The Director of Community Development 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 in an amount set by resolution of the City Council.

C. If the amount of earth 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 cubic foot of earth material shall be equivalent to one hundred twenty-five (125) pounds; provided, however, that if an applicant submits to the Director of Community Development evidence that such factor of equivalency is not accurate with respect to a certain proposed load, the Director may, in his or her discretion, utilize a different equivalent for the purposes of computing the fee.

D. No application for a permit to haul earth shall be subdivided to avoid payment of a fee or any other requirements of this Division.

(Ord. No. 1866, § 2, 9-20-82; Ord. No. 2025, § 1, 7-23-90; Ord. No. 2436, § 5, 5-22-17)

A. The Director of Public Works shall require, as a condition to granting of any permit hereunder that the applicant, prior to the issuance of the permit, deposit with the Director of Public Works, as security for the payment of fees specified in Section 20.65, a sum of money to be fixed by the Director of Public Works, which sum shall be calculated based upon the estimated amount of earth 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 20.65.

B. If the permit is for hauling of 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 earth to be hauled in the following month.

C. If, upon completion of any month's hauling 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 hauling under said permit the permittee shall pay to the City, at the office of the Director of Public Works, any amount still owing, within thirty (30) days from the date of completion.

D. If, at the end of any month's hauling 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 hauling under said permit, the City shall refund the amount of any overpayment of the permittee within thirty (30) days from receipt by the Director of Public Works of a documented request therefor.

E. Any amount deposited pursuant to this Section shall be returned, (less the sum of $30.00 to cover the cost of processing the application) to an applicant if, prior to the commencement of any hauling operation pursuant to such application, applicant shall have notified the Director of Public Works of intention not to engage in such hauling operation and requested return of said deposit.

F. All notices required by this Section shall be in writing and delivered personally to the Director of Public Works or transmitted prepaid by United States registered or certified mail, and addressed to him at City Hall, Box 391, Redwood City, California.

(Ord. No. 1866, § 2, 9-20-82)

The fees collected pursuant to this Division shall be deposited into the "Special Gas Tax Street Improvement Fund" of the City as established by Section 2.41.3 of this Code, and shall be designated, to the extent reasonably practicable, for repair and maintenance of those streets on which the hauling, for which the fees were collected, took place.

(Ord. No. 1866, § 2, 9-20-82)

A. The Director of Public Works 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 hauling operation for which Such permit is requested reasonably requires the use of City streets other than truck routes as designated in Section 20.52 of this Code. The permit shall be subject to such reasonable conditions as the Director deems necessary to protect the public health and safety.

B. The Director of Public Works 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 Director of Public Works 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.

(Ord. No. 1866, § 2, 9-20-82)

The Director of Public Works 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 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 material which may be hauled subject to the permit.

E. The period during which the permit is effective.

(Ord. No. 1866, § 2, 9-20-82)

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 of traffic officer, any authorized agent of the Department of Public Works or any other officer or employee charged with the care or protection of the City's streets.

(Ord. No. 1866, § 2, 9-20-82)

In the event an applicant for a permit hereunder disputes the determination of the Director of Public Works with respect to the conditions attached to a permit, including the designated routes to be traveled under the permit, or the amount of the fee, the applicant may appeal such determination to the City Manager in accordance with the provisions of Chapter 1 of this Municipal Code.

(Ord. No. 1866, § 2, 9-20-82)

(Ord. No. 2374, § 12, 1-9-12)

At the time set for hearing the City 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 finding thereon and may uphold or overrule the determination of the Director of Public Works or make such modifications thereto, as it may deem fit. The findings and order of the Council shall be final.

(Ord. No. 1866, § 2, 9-20-82)

Except as specifically stated in this Division, nothing in this Division or in any permit granted under this Division shall be deemed to authorize the doing or omission of any act contrary to any term or provision of this Chapter or any ordinance or license of this City or without any license or permit otherwise required by such term, provision, ordinance or license. The provisions of this Division shall not be deemed to establish any street or highway or portion thereof as a "truck route" as that phrase is used in Sections 20.52 to 20.61.

(Ord. No. 1866, § 2, 9-20-82)

It shall be unlawful for any person to haul earth on any City street except a truck route as so designated in Section 20.52 of this Code, without having obtained the permit required by this Division, or to violate any of the terms and conditions of a permit issued pursuant to this Division.

(Ord. No. 1866, § 2, 9-20-82)