Chapter 15.36


15.36.010    Definitions.

15.36.020    Permit—Required when.

15.36.030    Permit—Application.

15.36.040    Permit—Fees.

15.36.050    Permit—Bond requirements.

15.36.055    Permit—Notice of proposed dirt haul routes.

15.36.060    Permit—Issuance conditions.

15.36.070    Permit—Suspension conditions.

15.36.080    Routes for hauling.

15.36.090    Liability limitations.

15.36.100    Violation—Penalty.

15.36.010 Definitions.

As used in this chapter:

A.    “Dirt” means and includes earth or other substance that is customarily used and is used for fills or embankments. Such term does not include gravel, sand or other material that is customarily used and is used as a construction material. (Ord. 1491 § 6 (part), 2015: Ord. 773 § 3 (part), 1976)

15.36.020 Permit—Required when.

It is unlawful for any person to haul dirt, or cause dirt to be hauled to or from any place within the City, or to haul dirt over any public street in the City, without first obtaining a permit from the Building Division pursuant to this chapter. (Ord. 1491 § 6 (part), 2015: Ord. 773 § 3 (part), 1976)

15.36.030 Permit—Application.

All applications for dirt-hauling permits shall be submitted to the Building Division. The application shall contain the following information:

A.    Name, address and telephone number of applicant;

B.    Number of yards to be hauled;

C.    Approximate dates when hauling is to occur;

D.    The source of the dirt;

E.    The destination of the dirt;

F.    The routes by which the dirt is to be transported;

G.    Written permission from a person who has an interest of record in any real property in the City from which dirt is to be removed or upon which dirt is to be deposited. (Ord. 1491 § 6 (part), 2015: amended during 1989 recodification; Ord. 773 § 3 (part), 1976)

15.36.040 Permit—Fees.

In the event a permit for dirt-hauling is granted under this chapter, the applicant shall pay a fee established by resolution of the City Council prior to the issuance of the permit. (Ord. 1491 § 6 (part), 2015: Ord. 1063 § 1, 1990)

15.36.050 Permit—Bond requirements.

A.    As a condition of any permit granted, the City may require a bond indemnifying the City for any damage it might suffer by reason of removal, deposit or transportation of dirt. The amount of the bond shall be fixed by the City Engineer or his/her designee or the Building Official or his/her designee.

B.    The City may require a bond or insurance to protect property owners along the haul route. (Ord. 1491 § 6 (part), 2015: Ord. 773 § 3 (part), 1976)

15.36.055 Permit—Notice of proposed dirt haul routes.

Whenever a dirt hauling permit is required in conjunction with a grading permit which is to be acted upon by the Planning Commission pursuant to Section 12.08.080, at the discretion of the Planning Division, notice of the proposed dirt haul route shall be sent to each residence fronting on the local or collector street along the proposed route. The notice shall be mailed at least ten days prior to the date of the Planning Commission meeting. The notice shall contain the following:

A.    A statement of the proposed dirt haul route, the estimated amount of earth to be moved and approximate number of truck trips proposed;

B.    A statement of the date, time, place and purpose of the hearing;

C.    Reference to the application on file for particulars;

D.    A statement that any interested person, or agent thereof, may appear and be heard.

Local and collector streets as used in this section shall include all San Carlos and adjoining, unincorporated area streets that are designated local and collector streets in the San Carlos General Plan and shall exclude arterial streets, State highways and designated truck routes. (Ord. 1491 § 6 (part), 2015: Ord. 1186 § 1, 1995)

15.36.060 Permit—Issuance conditions.

The following shall be conditions of every permit issued under this chapter:

A.    Trucks shall be loaded in such a manner that there shall be no spillage.

B.    The permit shall specify the number of yards of dirt to be hauled, the number of working days for hauling, the hours of hauling, and the frequency of trucks.

C.    All loads shall be sprinkled to keep down the dust when necessary.

D.    The City streets shall be kept clean of spillage and wheel dirt on allotted routes.

E.    Two-way routes will be specified in the permit.

F.    The speed of trucks will be specified in the permit.

G.    Crossing guards shall be provided at the expense of the applicant when necessary in the opinion of the Director of Public Safety.

H.    A time limit shall be specified on all permits.

I.    Dirt hauling shall only be permitted between the hours of nine a.m. and four p.m. excluding Saturday, Sunday and holidays or at the discretion of the City Engineer or Building Official. (Ord. 1491 § 6 (part), 2015: Ord. 773 § 3 (part), 1976)

15.36.070 Permit—Suspension conditions.

If the City Engineer or his/her designee or Building Official or his/her designee deems that the conditions of the permit are being violated, he may suspend the permit until the next meeting of the Planning Commission. Notice of such suspension shall be delivered to the permittee in person or by certified mail. Such notice shall contain the general reasons for the suspension, and shall specify the time and place of the next Planning Commission meeting where the suspension shall be considered by the Planning Commission. (Ord. 1491 § 6 (part), 2015: Ord. 773 § 3 (part), 1976)

15.36.080 Routes for hauling.

Haul routes shall be specified by the City Engineer or his/her designee. For dirt hauling of one thousand cubic yards or more, haul routes shall be recommended by City Engineer or his/her designee and approved by the Planning Commission. (Ord. 1491 § 6 (part), 2015: Ord. 773 § 3 (part), 1976)

15.36.090 Liability limitations.

The City relies upon Section 17956 of the Health and Safety Code, and declares that the City shall not be liable for the issuance of any permit or work authorized thereunder. (Ord. 1491 § 6 (part), 2015: Ord. 773 § 3 (part), 1976)

15.36.100 Violation—Penalty.

The violation of this Code shall constitute a misdemeanor. Any person, upon conviction, shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment. (Ord. 1491 § 6 (part), 2015: Ord. 773 § 3 (part), 1976)