A. The owner or operator of a terminal requiring terminal access for interstate trucks from federally designated highway systems, which interstate trucks will utilize any city streets in traveling to, or from such terminal, shall submit a completed application, on a form as provided by the city, and make payment of fees as required by this chapter.
B. The application shall be filed with the Department. The application shall include:
1. The name and address of the applicant;
2. The location of the terminal;
3. A written description of the proposed route(s);
4. A map showing the proposed route(s);
5. The terminal and the intersection of the route(s) with the federally designated highway(s);
6. Evidence satisfactory to the Department that such proposed route(s), including any route(s) proposed to be “retrofitted” as hereinafter provided, is “adequate” as that term is used in this section;
7. Evidence that the terminal meets or will meet the definition of a terminal as set forth herein;
8. That with respect to terminals located within the city, the terminal's parking and all other physical aspects of the terminal or proposed terminal satisfy all applicable state and local regulations; and
9. Such further information as the Department may require.
C. The applicant shall submit all environmental documentation in accordance with city's rules and regulations, all in compliance with the California Environmental Quality Act and the National Environmental Policy Act, if applicable.
D. The application will not be deemed complete except upon submittal of all required environmental documentation.
E. Upon receipt of the completed application, the Traffic Engineer will cause an investigation to be made to ascertain whether or not the terminal is, or within a reasonable period of time not to exceed ninety (90) days, will be, an operating terminal as defined herein. If the Traffic Engineer determines that it is not and will not within a reasonable period become such a terminal, he or she shall deny the application. If the Traffic Engineer determines that the facility is or will within a reasonable period of time become such a terminal, he or she shall forward copies of the application to all affected departments of the city, including, but not limited to, the Fire, Police, Planning and Engineering Departments for review and input. The Traffic Engineer shall, within twenty (20) business days of receipt of a completed application, forward the completed application to the City Council which shall schedule a public hearing to occur before said Council within sixty (60) days thereafter. The City Clerk, or his or her designee, shall further cause written notice of such hearing to be served by mail upon all affected owners of real property within the city whose boundaries legally abut the proposed terminal route(s), using for this purpose, the names and addresses of such owners as shown upon the last equalized assessment roll of the County Assessor of the county. The City Clerk, or his or her designee, shall also cause notice of said public hearing to be published in a newspaper of general circulation one (1) time, no less than ten (10) days prior to said public hearing.
F. Prior to the public hearing to be conducted, the Traffic Engineer shall investigate the proposed route(s), including any route proposed to be “retro-fitted,” as hereinafter provided, in order to ascertain whether said route(s) appears to be adequate to accommodate interstate trucks. The Traffic Engineer shall present the results of the investigation at the scheduled public hearing before the City Council. In determining adequacy, the Traffic Engineer shall consider whether or not said route(s), whether retrofitted or not, meets the following criteria:
1. All ramps, intersections, streets and highways have turning lane radii sufficiently wide to permit interstate trucks to safely negotiate the entire route within traffic lanes and without danger to other users of the public streets; and
2. There exist no physical conditions, including but not limited to, overpass clearance, weight capacity of bridges, overcrossings or other artificially supported roadways, and power or other overhead line clearance, which would preclude the safe operation of interstate trucks on any proposed route.
G. At the conclusion of the public hearing, the City Council shall approve, subject to certain specified conditions, or deny the application, subject to CalTrans approval as hereinafter provided, and shall support said approval or denial with written findings showing whether or not each requirement for approval, as specified in this section, is satisfied. However, should CalTrans deny the proposed route(s), the City Council shall deny the application.
H. If, after conducting the public hearing, the City Council determines that no proposed route(s), whether modified or retrofitted, or not, is “adequate” as defined herein, or that any requirement for approval has not been satisfied, the City Council shall deny the application. If a proposed route is determined to be adequate as modified or retrofitted in accordance with the requirements herein, as necessary, and all other requirements imposed herein have been satisfied, including environmental studies and submittal to city of all required documentation, the City Council may conditionally approve the application and shall forward the application, along with a certified copy of its resolution so approving, to CalTrans. No access from any federally designated highway system within the city will be approved without the written concurrence of CalTrans. If such approval by CalTrans is not issued within one (1) year after the date of approval by the City Council, the City Council's conditional approval shall be automatically revoked.
1. All other conditions of approval shall be satisfied within one (1) year after approval by the City Council, unless otherwise expressly provided by the City Council, or the City Council's conditional approval shall be automatically revoked.
2. Failure to exercise any approval granted hereunder within one (1) year after such approval's effective date shall cause said approval to be automatically revoked.
I. Should the requested route(s) pass through the city to a terminal located in another jurisdiction, the applicant shall obtain route approval in accordance with this article from the city and from all other affected jurisdictions, prior to operating on said route(s) within the city. It shall be the responsibility of the applicant and the public entity approving the terminal land use, if such terminal is not located within the city, to coordinate route approval with the city.
('61 Code, § 14B.3) (Ord. 796, passed - - )