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 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 the state of California Department of Transportation
or its successor agency.
means the city of Burlingame.
means the director of public works of the city of Burlingame
or his or her authorized representative.
means a truck tractor and semitrailer or truck tractor, semitrailer
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. 1291 § 1, (1984))
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. 1291 § 1, (1984))
(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 director and appropriate fees to the city.
(b)
Upon receipt of the application, the director 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 his
or her approval of that designation, 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,
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 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. Costs for trailblazer signs shall be provided in Section 13.62.030(b).
(Ord. 1291 § 1, (1984))
(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 sufficient funds as estimated by the director 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. Costs for trailblazer signs may be proportioned in accordance with the procedures in Section 13.62.040(c).
(Ord. 1291 § 1, (1984))
(a)
If all feasible routes to a requested terminal are found unsatisfactory
by the director, 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 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 might be.
When the work is done by the applicant, the applicant may file with
the director, on a form satisfactory to the director, 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 applicant seek terminal approval which could use the route upon which such retrofitting was accomplished, any such applicants' fee may include the applicants proportionate share of the retrofitting, as determined by the director, which fee shall be disbursed by the city 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 director required by subsection (b) above.
(Ord. 1291 § 1, (1984))
The director may revoke any approved terminal or route if the
terminal or route becomes a traffic 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. 1291 § 1, (1984))
(a)
If the director 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 decisions
of the director may appeal the decision to the city council in writing.
The appeal shall be filed with the city clerk. The appeal shall state
specifically wherein there was an error or abuse of discretion by
the director or wherein the decision is not supported by the evidence
in the record.
(b)
The city council shall set a hearing at which time it shall make
its order approving, modifying or reversing the decision of the director.
(c)
If Caltrans and not the director 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. 1291 § 1, (1984))
