Chapter 10.28
INTERSTATE TRUCKS
Sections:
10.28.020 Prohibition of interstate trucks.
10.28.060 Revocation of route.
10.28.010 Definitions.
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.
A. “Terminal” means any facility at which freight is consolidated to be shipped and where full-load consignments may be loaded and off-loaded, or at which the vehicles are regularly maintained, stored or manufactured.
B. “Interstate trucks” means a truck tractor and semitrailer or truck tractor, semitrailer and trailer with unlimited length as regulated by the Vehicle Code.
C. “Caltrans” means the state of California Department of Transportation or its successor agency.
D. “Trailblazer signs” means directional signs provided at every intersection on the terminal route designated in accordance with this chapter. (Ord. 630 § 1 (part), 1984)
10.28.020 Prohibition of interstate trucks.
Interstate trucks are prohibited from operating upon streets and highways within the city except as follows:
A. Interstate trucks may operate over routes identified and signed by the city engineer as connections between the federally designated highway system and terminals designated pursuant to this chapter.
B. Interstate trucks may operate on streets and highways within one-half road mile of points of ingress and egress identified and signed by Caltrans on the federally designated highway system, to obtain access as consistent with the safe operation of such vehicles.
C. Interstate trucks licensed to carry household goods may operate on streets and highways when directly enroute to or from a point of loading or unloading, if travel on such streets and highways is necessary and incidental to the shipment of the household goods. (Ord. 630 § 1 (part), 1984)
10.28.030 Applications.
A. Any interested person requiring terminal access for interstate trucks from the federally designated highway system shall submit an application, on a form provided by the city, together with such information as may be required by the city engineer and appropriate fees to the city.
B. Upon receipt of the applications, the city engineer will cause an investigation to be made to ascertain whether or not the proposed terminal facility meets the requirements in this chapter for a terminal. Upon approval of that designation, the city 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 to a terminal located in another jurisdiction, the application shall comply with that jurisdiction’s application process. Coordination of the approval of the route through the city will be the responsibility of the jurisdiction which controls the terminal’s land use. (Ord. 630 § 1 (part), 1984)
10.28.040 Fees and costs.
A. The applicant shall pay a nonrefundable application fee, as established from time to time by resolution of the city council, sufficient to pay the cost of the review of the terminal designation and the review of the route and alternate routes.
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 city engineer to pay for the purchase and installation of terminal trailblazer signs. Upon completion of the installation of the signs, the actual cost shall be computed and any difference between the actual cost 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. Cost for trailblazer signs may be proportioned in accordance with the procedures in Section 10.28.030 C. (Ord. 630 § 1 (part), 1984)
10.28.050 Retrofitting.
A. If all feasible routes to a requested terminal are found unsatisfactory by the city engineer, the applicant may request that improvements be constructed which will correct the deficiencies of the route. 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 may be. When the work is done by the applicant, the applicant may file with the city engineer, on a form satisfactory to the city engineer, 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, an applicant seeks terminal approval which would use the route upon which such retrofitting was accomplished, any such applicant’s fee may include their proportionate share of the retrofitting, as determined by the city engineer, which fee shall be reimbursed 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 in this chapter shall require the payment of a proportionate fee if the applicant doing the work failed to file the report with the city engineer required by subsection B of this section. (Ord. 630 § 1 (part), 1984)
10.28.060 Revocation of route.
The city 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 the vehicles causing unsafe driving conditions for other vehicular traffic or pedestrians. (Ord. 630 § 1 (part), 1984)
10.28.070 Appeals.
Any determination made by the city engineer pursuant to this chapter may be appealed by any aggrieved person within ten days following the date of decision of the city engineer to the city council in writing. An appeal shall be made on a form prescribed by the city 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 engineer or wherein the decision is not supported by the evidence in the record. The city clerk shall schedule the matter for hearing by the city council within thirty days and make copies of all relevant material available to all parties with notice of the date and time of hearing. The city council shall uphold, revoke or modify the determination of the city engineer and provide written notice of its decision to affected parties within fifteen days after conclusion of the hearing. (Ord. 630 § 1 (part), 1984)