Ordinance 1538t
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ORDINANCE NO. 153A
AN ORDINANCE OF THE CITY OF CUPERTINO
ADDING,CHAPT$R 11.37 TO TITLB 11 OF THS.:
CUPBRTINO MUNICIPAL CODE WHICH SETS
FORTH THB PROCEDURES ANO FBES FOR THE.IS-
SUANCS OF SPECIAL PERMIT3 FOR THS OPERA-
TION.OR MOVEMENT OF VARIOUS VBHICLES
a.WBERSAS, Division 15 of the California Vehicle
Code,regulatea the permissible size and weight of, and
loads upon, vehicles operated upon highways,. and;
WHEREAS, Division 15 of the California Vehicle
Code allows local authorities, with respect to highways
...under its jurisdiction to, at its discretion, upon
written application and good cause therefor, to issue a
special permit authorizing the applicant to operate or
move a vehicle or vehicles, the size: or weight of :which
or load thereon exceeds the maximum specified within the
.vehicle code; and,
WHEREAS, the California :Department of Transporta-
tion has promulgated a standard application form which
must be-used for a permit application brought under
....Division 15 of the California Vehicle Code; and,:.
WHEREAS, the fees charged for processing such an
application may be equal to but may not exceed the-.fees
as established by the Department of Transportation,
NOW, THEREFORE, BS IT ORDAINED BY THS CITY,.
COUNCIL,
Section i. Chapter 11.37 is hereby added to Title 11 of
the Cupertino Municipal Code to read as follows:
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11.37.010 Purpose: The purpose of this ordinance
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 s'ei'ze or weight or with a`loa~'exceeding
1he~maximum as'specified by the California Vehicle Code.
- •`t137.020: This ordinance shall apply`to'any
vehfcle which exceeds the size, weight, and laad'allow-
ances`ag set Eorth in Division 15 of the California
`VetiicTe Code.
11:37.030 Form of Application for Special Permit:
Any applicant who'is subject to this ordinance 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 br
''weight of`vehicle or load-exceeding the maximum speci-
"fied' in Division 15 of the California Vehicle Code,`
shall submit an application in the form as set forth in
California Vehicle Code'Section'35781, attached 'hereto
as=Exhibit A, which form-application shall be available
from the Cupertino Department of Public Works.-
11:37.040 Pee for Processing Applications The
fees'for processing and iasuing''a special permit pur-
suant to this ordinance shall be as follows:
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i •
Single trip permit or rider--------$15.00
. i. Annual permit----------------------$?0.00
'' 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 repeti-
tive load, the commodity must be of the same `size `and
"description, with evidence presente8 with the applica-
tion 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 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 govern-
. mental agencies using their own equipment. Special
services necessitated by unusually large or heavy loads
requiring engineering investigations, escorts, tree trim-
ming'or other services shall be billed separately.`
11.'37.050 Issuance of Special Permit: 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 appli-
cant to operate or move a vehicle or combination of
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vehicles or special mobile equipment of a size and a
weight of vehicle or-load exceeding the maximum speci-
fied in Section 15 of the California Vehicle Code.
11.37.060 Restrictionsz The Director of Public Works
may„Withhold a special permit or, if .the special permit
is .issued, ..limit the number of trips or establish season-
: al or other time limitations within which_the vehicles
_or vehicles described in this ordinance 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..
...11.37.070 Appeals:
A. Any person aggrieved by a decision of the
...Director of Public Works under .the .provisions of this
ordinance may appeal such decision to the City Council
by,filing a_written notice of the appeal with the City
..Clerk :within 5 days after the .date of the decision.
,, B. Said. notice of appeal .must state:
1. The asserted errors.
2. The grounds upon which said appeal. is
_taken~ and.
c> ::>
,ti'' ,_. ,
3. The name and address of the party appeal-
ing.. 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;Glerk
within the time required by subsection A, above.-
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 leas than ten days prior to the hearing to the appli-
cant at his address as shown upon notice of appeal.
8. The City Council shall hear the appeal.,; At
the conclusion of the hearing, the Council may affirm,
reverse, or modify the action appealed= subject, how-
ever,,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.
11.37.080 Severability: If any section, subsection,
sentence,. clause or phrase of this Ordinance is for any
reason held to be unconstitutional, such decision shall
not affect the validity of the remaining portions of
this Ordinance. The legislative body hereby declares
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that it could have passed this Ordinance and each sec-
tion, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared
unconstYtutional.
Section IT - Enforcement.
"The City Clerk is hereby authorized and instructed
to file a certified copy of this ordinance upon"its be-
~!coming effective with the Sheriff's Office of the County
of Santa Clara, State of California.
Section ZIZ - Publication
The City Clerk shall cause this ordinance to be
published at least once in a newspaper of general circu-
• lation published and circulated in the City within fif-
teen i15) days after its passage, in accordance with
Section 36933 of the Government Codej shall certify to
the adoption of this ordinance and shall cause this ordi-
nance"and her certification, together with proof of pub-
lication, to be entered in the Sook of Ordinances of the
Council of this City.
INTRODUCED at a regular meeting of the City
Council this lat day of October , 1990, and ENACTED
`at a regular meeting of the City Council this '15th day
[CC.0/V.2J ~ 6 ... , .. ,
of occober , 1990, by the following vote:
Votes Members of the City Councils
Ayers Goldman. Koppel. Sorensen, Szabo, Rogers
Noes: Nona
Absents None
Abstain: None
ATTSSTs APPROVBDs
_i:~ru^ rw G
City Clerk Mayor, City of upertino