City of Albany, CA § 9-15 RESTRICTED USE OF CERTAIN STREETS [1]

[1] Editor's Note: Subsections 9-15.3 through 9-15.6 previously contained in this Section, have been repealed in their entirety by Ordinance No. 90-02, §1.

§ 9-15.1 Truck Routes.

[Ord. #84-08; 1958 Code § 20.89; Ord. #89-010; Ord. #90-09]

a. The Director of Public Works is hereby authorized to designate the following streets by appropriate signs as a "Truck Route" for the movement of vehicles exceeding a maximum gross weight limit of five (5) tons.

1. On Cleveland Avenue from the north city limit to Buchanan Avenue;

2. On Buchanan/Marin Avenue from Cleveland Avenue to San Pablo Avenue; and

3. On Solano Avenue from San Pablo Avenue to the east city limit.

b. When any such "Truck Route" is established and designated by appropriate signs, the operator of any vehicle exceeding a maximum gross weight of five (5) tons shall drive on such route and none other, except that nothing in this subsection shall prohibit the operator of any vehicle exceeding a maximum gross weight of five (5) tons coming from a "Truck Route" having ingress and egress by direct route to and from restricted streets when necessary for the purpose of making pick-ups or deliveries of goods, passengers, wares and merchandise from or to any building or structure located on such restricted 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 streets for which a building permit has previously been obtained therefor.

c. The provisions of this subsection shall not apply to:

1. Passenger buses when traveling on a scheduled bus route; and

2. Any vehicle owned by a public utility while in use in the construction, installation or repair of any public utility.

3. When designated truck routes have been closed due to an emergency. In which case, the alternative route shall be as directed by the Police Chief.

d. Penalties. Penalties for violations of this Section 9-15 shall be imposed in accordance with Vehicle Code Section 42030 and any modifications thereto.

§ 9-15.2 Regulations for Interstate Truck Terminal.

[Ord. #84-08; 1958 Code § 20.89-1]

a. Intent and Purpose. It shall be the intent and purpose of this section to provide for the public necessity, health, safety, or general welfare through the establishment of procedures for terminal designation and truck route designation to terminals for interstate trucks.

b. Since STAA1982 and AB 866 revised current State law on truck combinations' length and width and implements Federal requirements dealing with access to the Federally designated system by interstate trucks, it is required that the City enact an ordinance delineating the process of application for terminal and/or route designation within the bounds of the City limits by citizens/business establishments requiring the service of the interstate trucks off the Federally designated system (i.e., I-80 and I-580/Hoffman).

c. Application Process.

1. Those persons qualifying as a "terminal" as defined in this section and requiring terminal access from Federally designated highways shall submit an application and appropriate fee to the Public Works Department, City Hall, City of Albany, 1000 San Pablo Avenue, CA 94706. The application shall be on a form provided by the Public Works Department.

2. Upon receipt of the application, the Director of Public Works will determine the applicant's conformance with the "terminal" designation and if so approved, will then determine the capability of the route requested and/or alternate routes. Capability will be determined by the adequate turning radius and land widths of ramps, intersections and highways. Also a determinant factor will require CALTRANS (District 04) approval.

3. If the requested route passes through several jurisdictions (i.e. County or other municipality), applicant shall comply with that jurisdiction's application process. Coordination will be the responsibility of the entity which controls the terminal's land use.

d. Definitions. As used in this section:

INTERSTATE TRUCK

Shall mean tractor semis or doubles with unlimited length as regulated by CVC 35401.5 (a) (1) & (2).

TERMINAL

Shall mean a facility at which freight is consolidated to be shipped or where full load consignments may be loaded and off-loaded or at which the vehicles are regularly maintained, stored, or manufactured.

e. Cost Recovery.

1. Fees/costs for the application of a terminal designation. A non-refundable application fee shall be charged to cover the cost of reviewing route(s) and terminal designation and shall be established by City Council resolution.

2. If the application for a terminal designation is approved, the applicant will be required to pay for the purchase and installation of terminal access signs and trailblazer signs. Trailblazer signs will be required at every decision point on the route to the terminal. The costs shall be determined by the Director of Public Works.

f. Revocation of Route. The Director of Public Works is authorized to revoke any approved route if the route proves to be a safety hazard for any vehicular traffic. A safety hazard is defined as inability of the interstate trucks to negotiate route and/or the trucks causing unsafe driving conditions for other vehicular traffic and/or pedestrians.

g. Appeals Process.

1. If the Director of Public Works denies terminal designation and/or route feasibility or revokes a previously approved route per paragraph f above, the applicant/terminal owner, within ten (10) days following the date of a decision of the Director of Public Works on a revocation of terminal access or terminal designation may appeal the decision to the City Council. An appeal shall be made on a form prescribed by the Department of Public Works and shall be filed with the City Clerk. The appeal shall state specifically wherein there was an error or abuse of discretion by the Director of Public Works or wherein its decision is not supported by the evidence in the record. Within five (5) days of the filing of an appeal, the Director of Public Works shall transmit to the City Clerk the terminal application, the sketches of the revoked route and all other data filed therewith, the report of the Director of Public Works, the findings of the Director of Public Works and his decision on the application.

2. The City Clerk shall give notice to the applicant and to the appellant (if the applicant is not the appellant) and may give notice to any other interested party of the time when the appeal will be considered by the City Council.

3. If CALTRANS District 04 and not the Director of Public Works denies or revokes terminal access from Federally designated highways, no appeal may be made to the City Council, but must be made to the CALTRANS District 04.

h. Retrofitting Ramps, Intersections and Roadways. If all feasible routes to a requested terminal are deemed unsatisfactory by the Director of Public Works, the applicant may request retrofitting the deficiencies, but all costs of engineering, construction, and inspection will be borne by the applicant. Upon requests, the City may form a benefit district to assist in cost recovery by any other "terminal(s)" using the improved route. The benefit district costs would be in proportion to the section of route utilized.