It shall be the intent and purpose of this chapter to provide for the public necessity, health, safety and general welfare through the establishment of procedures for terminal designation and truck route designation to terminals for interstate trucks.
Since the Surface Transportation Act of 1983 and AB 866 (Chapter 145, 1983) revised current state laws on the length and width of truck combinations and implements federal requirements dealing with access to the federally designated system by interstate trucks, it is required that the city enact this chapter delineating the process of applications for terminal and route designations within the city for citizens and business establishments requiring the service of such interstate trucks off said federally designated system.
(Prior code § 4-5.1801; Ord. 99-04, 1999)
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
"Interstate truck"
means tractor semis or doubles with unlimited length as regulated by subsections (1) and (2) of subsection (a) of Section 35401.5 of the Vehicle Code of the state.
"Terminal"
means a facility at which freight is consolidated to be shipped, or where full load consignments may be loaded and off loaded, or at which vehicles are regularly maintained, stored or manufactured.
(Prior code § 4-5.1803; amended during 1996 codification; Ord. 99-04, 1999)
A. 
Those persons qualifying as a terminal as defined in Section 10.56.020 and requiring terminal access from federally designated highways shall submit an application and appropriate fee to the planning department.
B. 
The city engineer may approve, approve with conditions or deny any application. The city engineer shall deny an application if the proposed route is determined by his/her judgment, based on sound engineering practices, to be unsafe because of the inability of the applicant to demonstrate to the satisfaction of the city engineer that the interstate trucks can negotiate the requested, or alternative, routes without causing unsafe driving conditions for other vehicular traffic and/or pedestrians.
C. 
Upon the receipt of the application and proof that the applicant is adequately insured, the city engineer will determine the applicant's conformance with the terminal designation through consultation with other departments and jurisdictions and, if so approved, will then determine the capability of the route requested and/or alternative routes. Route capability will be determined by the adequate turning radii and lane widths of ramps, intersections and highways. Also, a determinant factor will be general traffic conditions, such as sight distance, speed, and traffic volumes for safe operation. Access off federally designated highways requires Cal Trans approval.
D. 
If the requested route passes through several jurisdictions, the city engineer shall consult with each jurisdiction to insure that their requirements for an acceptable route are implemented.
E. 
Information required on the application shall include, but not be limited to, the following: the name and address of the applicant; the name and address of the terminal; justification for the terminal designation; and the proposed routes and alternative routes. The application format, applicant processing procedure, and application fee will be described in an established administrative guideline prepared by the city engineer and approved by the council.
(Prior code § 4-5.1802; Ord. 99-04, 1999)
A. 
Application fees for the application of a terminal designation shall be to cover the costs of reviewing routes and terminal designations and shall be established by council resolution. Application fees shall be nonrefundable.
B. 
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 shall be required at every decision point on the route to the terminal. Such costs shall be determined by the city engineer.
(Prior code § 4-5.1804; Ord. 99-04, 1999)
The city engineer is authorized to revoke any approved route if such route proves to be a safety hazard for any vehicular traffic. A "safety hazard" is defined as the inability of the interstate trucks to negotiate the route and/or such trucks causing unsafe driving conditions for other vehicular traffic and/or pedestrians as judged by the city engineer, based on sound engineering practices.
(Prior code § 4-5.1805; Ord. 99-04, 1999)
A. 
If the city engineer denies terminal designation and/or route feasibility or revokes a previously approved route as set forth in Section 10.56.050, the applicant and/or terminal owner, within ten calendar days following the date of a decision of the city engineer on a revocation of terminal access or terminal designation, may appeal such decision to the council. An appeal shall be made on a form prescribed by the city engineer and shall be filed, with a fee established by council resolution, with the city clerk. The appeal shall state specifically wherein there was an error or abuse of discretion by the city engineer or wherein his/her decision is not supported by the evidence in the record. Within five days after 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/her decision on the application.
B. 
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 council.
C. 
If Cal Trans or some jurisdiction other than the city denies or revokes terminal access from federally designated highways, no appeal may be made to the council but shall be made to such jurisdiction.
(Prior code § 4-5.1806; Ord. 99-04, 1999)
If all feasible routes to a requested terminal are deemed unsatisfactory by the city engineer, the applicant may request retrofitting the deficiencies, but all costs, including engineering, construction and inspection, shall be borne by the applicant. Upon request, the city will form a benefit district to assist in cost recovery by any other terminal using the improved route. Such benefit district costs would be in proportion to the section of route utilized.
(Prior code § 4-5.1807; Ord. 99-04, 1999)