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. 24-17, 11/20/2024)
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.
"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.
"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.
"Terminal"
means any facility at which freight is consolidated to be shipped or where full load consignments may be offloaded or at which freeway trucks are regularly maintained, stored or manufactured.
(Ord. 24-17, 11/20/2024)
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: a letter request and such further information as may be required by the city manager.
(Ord. 24-17, 11/20/2024)
Upon receipt of the letter request, the city traffic administrator 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. The city will also need to consider coordination and terminal access route approval with the California Department of Transportation (Caltrans). The city will acknowledge receipt of the request and identify the time frame for response. The city and Caltrans shall act on request with ninety days of receipt. Based on these considerations, the director of community development will then approve or disapprove a terminal access route. Follow-up questions from the traffic administrator regarding the letter request and applicant's response to follow-up questions may extend the approval or disapproval response timeline.
(Ord. 24-17, 11/20/2024)
A. 
Upon the approval of the terminal designation and route by the director of community development, the applicant shall deposit with the city sufficient funds as estimated by the city traffic administrator 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.
B. 
Notwithstanding subsection A of this section, a fee will not be charged if the applicant is a terminal operator.
(Ord. 24-17, 11/20/2024)
A. 
If all feasible routes to a requested terminal are found unsatisfactory by the director of community development, 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 traffic administrator, 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. 24-17, 11/20/2024)
The director of community development may amend or 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. 24-17, 11/20/2024)
If the director of community development 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, 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 community development 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 traffic administrator 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 decision and either affirm or reverse it. The city council's decision shall be final.
(Ord. 24-17, 11/20/2024)
Any violation of this chapter shall be prosecuted in accordance with the provisions of Division 17 of the California Vehicle Code and other applicable law.
(Ord. 24-17, 11/20/2024)
The director of community development 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 traffic administrator is directed to ensure that appropriate signage is installed along these routes.
(Ord. 24-17, 11/20/2024)