The following words and phrases shall have the meanings set
forth, and if any word or phrase used in this article is not defined
in this section, it shall have the meanings set forth in the California
Vehicle Code; provided that if any such word or phrase is not defined
in the Vehicle Code, it shall have the meaning attributed to it in
ordinary usage.
means any 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.
means a truck tractor and semi-trailer or truck tractor,
semi-trailer and trailer with unlimited length as regulated by the
Vehicle Code.
means the City Engineer of the City of Escondido or an authorized
representative.
means the State of California Department of Transportation
or its successor agency.
(Ord. No. 85-17, § 2, 4-3-85)
The purpose of this article is to establish procedures for terminal
designation and truck route designation to terminals for interstate
trucks operating on a federally designated highway system and to promote
the general health, safety and welfare of the public.
(Ord. No. 85-17, § 2, 4-3-85)
(a)
Any
interested person requiring terminal access for interstate trucks
from the federally designated highway system shall submit an application,
on a form as provided by the city, together with such information
as may be required by the city engineer and appropriate fees to the
City of Escondido. Upon receipt of the application, the city engineer
will cause an investigation to be made to ascertain whether or not
the proposed terminal facility meets the requirements for an interstate
truck terminal. Upon the city engineer's approval of that designation,
the city engineer will then determine the capability of the route
requested and alternate routes, whether requested or not. Determination
of route capability will include, without limitation, a review of
adequate turning radius and lane widths of ramps, intersections and
highways and general traffic conditions such as sight distance, speed
and traffic volumes. No access off a federally designated highway
system will be approved without the approval of CalTrans.
(c)
Should the requested route pass through the City of Escondido
to a terminal located in another jurisdiction, the applicant shall
comply with that jurisdiction's application process. Coordination
of the approval of the route through the city will be the responsibility
of the entity which controls the terminal's land use.
(Ord. No. 85-17, § 2, 4-3-85)
(a)
The
applicant shall pay a nonrefundable application fee, as established
by the city by resolution, sufficient to pay the cost of the review
of the terminal designation and the review of the route and alternate
route.
(b)
Upon
the approval of the terminal designation and route by the city and
by CalTrans, the applicant shall deposit with the City of Escondido
sufficient funds as estimated by the city engineer to pay for the
purchase and installation of terminal access signs and trailblazer
signs. Trailblazer signs will be required at every decision point
in the city en 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.
(Ord. No. 85-17, § 2, 4-3-85)
(a)
If
all feasible routes to a requested terminal are found unsatisfactory
by the city engineer, the applicant may request retrofitting 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 it.
(b)
When
the work is to be done by the city, the applicant shall deposit with
the City of Escondido the estimated cost of retrofitting. Adjustments
between the estimated and actual cost 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 as the case may
be. When the work is done by the applicant, the applicant may file
with the city engineer, on a form satisfactory to the city engineer,
a statement detailing the actual costs of the retrofitting.
(c)
If at any time within five years from the date of completion of the retrofitting by the applicant, should any new applicant seek approval of a terminal which would use the route upon which such retrofitting was accomplished, the new applicant may be required to pay a fee to the city equal to the proportionate share of the cost of the previously completed retrofitting, as determined by the city engineer, which fee shall be disbursed by the City of Escondido to the applicant who paid for the retrofitting as well as to any applicant who contributed to the cost of retrofitting under this subsection. Nothing herein shall require the payment of a proportionate fee if the applicant doing the work failed to file the report with the city engineer required by subsection (b) above.
(Ord. No. 85-17, § 2, 4-3-85)
The city engineer may revoke any approved terminal or route
if the terminal or route becomes a safety hazard for vehicular traffic.
A safety hazard includes the inability of interstate trucks to negotiate
the route or said vehicles causing unsafe driving conditions for such
vehicular traffic or pedestrians.
(Ord. No. 85-17, § 2, 4-3-85)
(a)
If
the city engineer denies terminal designation, route feasibility or
revokes a previously approved terminal or route, the applicant/terminal
owner, within 10 days following the date of receipt of the decision
of the city engineer, may appeal said decision to the city council
in writing. 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 city engineer or wherein its decision is not supported by the
evidence in the record. Within five days of the filing of an appeal,
the city engineer 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 city engineer, the findings of the city engineer
and his decision on the application.
(b)
The
city clerk shall make copies of the data provided by the city engineer
available to the applicant and to the appellant (if the applicant
is not the appellant) for inspection and may give notice to any other
interested party who requested notice of the time when the appeal
will be considered by the city council.
(c)
If
CalTrans and not the city engineer denies or revokes terminal access
from federally designated highways, no appeal may be made to the city
council, but must be made to CalTrans as may be permitted by CalTrans.
(Ord. No. 85-17, § 2, 4-3-85)
If any section, subsection, sentence, clause or phrase of the
article [Ord. No. 85-17] is for any reason held to be invalid, such
decision shall not affect the validity of the remaining portions of
this article, and each section, subsection, sentence, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid.
(Ord. No. 85-17, § 2, 4-3-85)
