The purpose of this chapter is to establish a process for the
designation and signing of truck terminal access routes as provided
by state law, and to promote the general health, safety and welfare
of the public. This chapter is adopted pursuant to
Vehicle Code Section
35401.5(d) and the city's general police power. The city council finds
that this chapter is necessary in consideration of public safety on,
and preservation of, highways under the city's jurisdiction.
(Ord. 87-32 § 1; Ord. 99-2 § 1)
The following definitions apply to this chapter, and if any
word or phrase used in this chapter is not defined in this section,
it shall have the meaning set forth in the California
Vehicle Code
or, if not defined in the
Vehicle Code, the meaning attributed to
it in ordinary usage.
"Terminal"
means any facility at which freight is consolidated to be
shipped or where full load consignments may be off-loaded or at which
freeway trucks are regularly maintained, stored or manufactured.
"Freeway truck"
means a truck tractor and semitrailer combination, or truck
tractor, semitrailer and trailer combination with a length as regulated
and allowed by the Federal Surface Transportation Assistance Act of
1982, Public Law 97-424, 96 Stat. 2097, 49 U.S.C. Section 2311 et
seq., and as addressed by California
Vehicle Code Section 35401.5.
"Caltrans"
means the Department of Transportation of the state of California,
or its successor agency.
"Federally designated highway system"
means those highways within the National System of Interstate
and Defense Highways and those portions of federal-aid primary highways
and federal-aid urban system highways that have been qualified by
the United States Secretary of Transportation for such uses.
(Ord. 87-32 § 2(A); Ord. 99-2 § 1)
Any interested person requiring access for a freeway truck or
trucks from the federally designated highway system along highways
under the city's jurisdiction to a terminal or terminals shall submit
the following to the director of community development: an application,
on a form as provided by the city, the requisite fee, and such further
information as may be required by the city manager.
(Ord. 87-32 § 2(B)(1); Ord. 99-2 § 1; Ord. 09-17 § 2)
Upon receipt of the application, the city manager will cause
an investigation to be made to ascertain whether or not the proposed
terminal facility meets the requirements for a terminal, as defined.
Upon his or her approval of the terminal facility, he or she will
then determine the capability of the route requested and alternate
routes, whether requested or not. Determination of route capability
will include a review of adequate turning radius and lane widths of
ramps, intersections, streets and highways, general traffic conditions
such as sight distance, speed and traffic volumes, and other considerations
as deemed relevant by the director of public works. Based on these
considerations, the city manager will then approve or disapprove a
terminal access route. The city manager's decision shall be in writing
and shall be delivered to the applicant within thirty days from the
submission of a complete application packet.
(Ord. 87-32 § 2(B)(2); Ord. 99-2 § 1; Ord. 09-17 § 2)
A. At
the time of submitting the application, the applicant shall pay a
nonrefundable application fee, as established by resolution which
may be amended from time to time, sufficient to pay the cost of the
review of the terminal designation and the review of the route and
alternate route, and related administrative costs.
B. Upon
the approval of the terminal designation and route by the city manager,
the applicant shall deposit with the city sufficient funds as estimated
by the city manager to pay for the purchase and installation of terminal
trailblazer signs. Trailblazer signs will be required at every decision
point in the city on route to the terminal. Upon completion of the
installation of the signs, the actual cost shall be computed and any
difference between the actual and the estimated cost shall be billed
or refunded to the applicant, whichever the case may be. No terminal
or route may be used until such signs as may be required are in place.
C. Notwithstanding subsections
A and
B of this section, a fee will not be charged if the applicant is a terminal operator.
(Ord. 87-32 § 2(C); Ord. 99-2 § 1; Ord. 09-17 § 2)
A. If
all feasible routes to a requested terminal are found unsatisfactory
by the city manager, the applicant may request retrofitting of the
deficiencies. All costs of engineering, construction and inspection
will be the responsibility of the applicant. Except when the retrofitting
of deficiencies is within the jurisdiction of Caltrans, the actual
construction will be done by the city or by a contractor acceptable
to the city.
B. When
the work is to be done by the city, the applicant shall deposit with
the city the estimated cost of retrofitting. Adjustments between the
estimated and actual costs shall be made after completion of the work
and any difference between the actual and the estimated cost shall
be billed or refunded to the applicant, whichever the case may be.
C. If
at any time within five years from the date of completion of the retrofitting
by the applicant, should any other applicant seek terminal access
route approval which would use the route upon which such retrofitting
was accomplished, any such applicant's fee may include that applicant's
proportionate share of the retrofitting, as determined by the city
manager, which fee shall be disbursed by the city to the applicant
who paid for the retrofitting as well as to any other applicant who
contributed to the cost of retrofitting.
(Ord. 87-32 § 2(D); Ord. 99-2 § 1; Ord. 09-17 § 2)
The city manager may revoke any approved terminal or terminal
access route if the terminal or route becomes an unreasonable traffic
hazard for vehicular or pedestrian traffic. A traffic hazard includes
the inability of freeway trucks to negotiate the route or such vehicles
causing unsafe driving conditions for other vehicular traffic or pedestrians.
(Ord. 87-32 § 2(E); Ord. 99-2 § 1; Ord. 09-17 § 2)
If the city manager denies terminal designation or route feasibility or revokes a previously approved terminal or route, the applicant or terminal owner, within fifteen days following the date of receipt of the decision of the city manager, may appeal the decision to the city council in writing in accordance with the procedure set forth in Chapter
1.08. The appeal shall state specifically whether there was an error or abuse of discretion by the director of public works or whether his or her decision is not supported by the evidence in the record. Within five days of receiving notification that the appeal has been filed, the city manager shall transmit to the city clerk the terminal application, the sketches of the revoked route and all other data filed therewith, the written decision, and all other relevant documentation. The city council will then reconsider the manager's decision and either affirm or reverse it. The city council's decision shall be final.
(Ord. 87-32 § 2(F); Ord. 99-2 § 1; Ord. 09-17 § 2)
Any violation of this ordinance shall be prosecuted in accordance
with the provisions of Division 17 of the California
Vehicle Code
and other applicable law.
(Ord. 87-32 § 2(G); Ord. 99-2 § 1)
The city council designates the following roadway segments as
terminal access routes in accordance with
Vehicle Code Section 35401.5(d).
1. Carlin
Drive between Oates Street and Ramco Street;
2. Channel
Drive between Seaport Boulevard and its westerly terminus;
3. Del
Monte Street between Harbor Boulevard and Terminal Street;
4. E Street
between West Street and Railroad Crossing;
5. Embarcadero
Drive between Riverside Parkway (N) and Riverside Parkway (S);
6. Enterprise
Boulevard between West Capitol Avenue and Channel Drive;
7. F Street
between Jefferson Boulevard and Railroad Crossing;
8. Harbor
Boulevard between Evergreen Avenue and Industrial Boulevard;
9. IKEA
Court between Reed Avenue and its southerly terminus;
10. Industrial
Boulevard between Enterprise Boulevard and Lake Washington Boulevard;
11. Jefferson
Boulevard between Sacramento Avenue and F Street;
12. Lake
Washington Boulevard between Industrial Boulevard and Southport Parkway;
13. Oates
Street between Carlin Street and Ramos Drive;
14. Overland
Court between Industrial Boulevard and its southerly terminus;
15. Parkway
Boulevard between Industrial Boulevard and its southerly terminus;
16. Promenade
Street between Ramos Street and Southport Parkway;
17. Ramco
Street between Southport Parkway and Promenade Street;
18. Ramos
Drive between Oates Street and Promenade Street;
19. Reed
Avenue between Riverside Parkway and Sunset Avenue;
20. Riverpoint
Court between Harbor Boulevard and its westerly terminus;
21. Riverside
Parkway between Reed Avenue and Stillwater Road;
22. Sacramento
Avenue between Sunset Avenue and Jefferson Boulevard/Kegle Drive;
23. Seaport
Boulevard between Parkway Boulevard and its westerly terminus;
24. Shore
Street between Front Street and Del Monte Street;
25. Southport
Parkway between Promenade Street and Lake Washington Boulevard;
26. Stillwater
Road between Reed Avenue and Riverside Parkway;
27. Terminal
Street between Front Street and Industrial Boulevard;
28. West
Street between F Street and E Street;
29. West
Capitol Avenue between Enterprise Boulevard and Northpoint Drive.
Notwithstanding the application process set forth in this chapter,
freeway trucks may use these access routes without the need to apply
for designation of the route. The city manager is directed to ensure
that appropriate signage is installed along these routes.
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(Ord. 09-6 § 4)