The following words and phrases shall have the meanings set
forth, 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, 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 the State of California Department of Transportation
or its successor agency.
means the city Traffic Engineer of the city or an authorized
representative.
means a truck tractor and semitrailer or truck tractor, semi-trailer
and trailer with unlimited length as regulated by the vehicle code.
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.
(Ord. 3193 § 1, 1985)
The purpose of this chapter 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. 3193 § 1, 1985)
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 Traffic Engineer and appropriate fees
to the City of Carlsbad.
B.
Upon
receipt of the application, the city Traffic 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 Transportation Director's approval of that designation, the
city Traffic 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 Carlsbad 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 terminals land use. Costs for trailblazer signs shall be as provided in Section 10.34.040.
(Ord. 3193 § 1, 1985; Ord. CS-164 § 2, 2011)
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 Carlsbad
sufficient funds as estimated by the city Traffic 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; 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. 3193 § 1, 1985)
A.
If
all feasible routes to a requested terminal are found unsatisfactory
by the city Traffic 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.
B.
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 rate 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 Traffic Engineer, which fee shall be disbursed
by the City of Carlsbad 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 Traffic Engineer required by this subsection.
(Ord. 3193 § 1, 1985)
The city Traffic 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 other vehicular traffic or pedestrians.
(Ord. 3193 § 1, 1985)
A.
If
the city Traffic 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 Traffic Engineer, may appeal said decision to the City
Council in writing. An appeal shall be made on a form prescribed by
the transportation department 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 Traffic 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 Traffic 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 Traffic
Engineer, the findings of the city Traffic Engineer and the city Traffic
Engineer's decision on the application.
B.
The
City Clerk shall make copies of the data provided by the city Traffic
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 Traffic 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. 3193 § 1, 1985)
