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The purpose of this subchapter 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.
('81 Code, § 10.48.020) (Ord. 835, passed - -85)
Statutory reference:
Authority to establish access routes, see Cal. Veh. Code § 35401.5
(A) 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 approval of that designation, he will then determine the capability of the route requested and alternate routes, whether requested or not. Deter-mination 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. The Director may approve, conditionally approve, or deny the application.
(B) 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 as well. 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 as provided in § 71.098.
('81 Code, § 10.48.030) (Ord. 835, passed - -85)
(A) Upon the approval of the terminal designa-tion 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.
(B) 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 division (C) of § 71.099.
('81 Code, § 10.48.040) (Ord. 835, passed - -85)
(A) If all feasible routes to a requested terminal are found unsatisfactory by the Director, 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 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 may be.
(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 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 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 division.
('81 Code, § 10.48.050) (Ord. 835, passed - -85)
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.
('81 Code, § 10.48.060) (Ord. 835, passed - -85)
(A) If the Director denies terminal designation, route feasibility or revokes a previously approved terminal or route, he shall notify the applicant in writing. The applicant, terminal owner, or other interested person, within 10 days following the date of the decision of the Director, may appeal said decision to the City Council in writing. An appeal shall be made on a form prescribed by the Director and 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 its decision is not supported by the evidence in the record. Within 10 days of the filing of an appeal, the Director 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 Director, the findings of the Director, and his decision on the application.
(B) The City Clerk shall make copies of the data provided by the Director 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. The appeal shall be scheduled for Council consideration at a Council meeting not later than 24 days following receipt of the appeal. The Council may continue consideration of the appeal for good cause.
(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.
('81 Code, § 10.48.070) (Ord. 835, passed - -85)