Chapter 10.40
INTERSTATE TRUCK TERMINALS
Sections:
10.40.030 Procedure for designation of terminal and access route.
10.40.040 Application fee; payment of costs of signs.
10.40.050 Retrofitting of deficient access routes.
10.40.060 Revocation of approval or terminal or access route.
10.40.010 Definitions.
The following words and phrases shall have the meanings set forth; and if any word or phrase used in this article is not defined in this section, it shall have the meaning set forth in the state 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.
Caltrans. The California Department of Transportation or its successor agency.
Interstate truck. A truck tractor and semi-trailer or truck tractor, semi-trailer, and trailer with unlimited length as authorized by Vehicle Code § 35401.5.
Terminal. 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.
Transportation Engineer. The Transportation Engineer of the City of Concord or his authorized representative.
(Code 1965, § 3960; Code 2002, § 106-281. Ord. No. 85-28)
Cross references: Definitions generally, § 1.05.100.
10.40.020 Purpose.
The purpose of this article 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.
(Code 1965, § 3961; Code 2002, § 106-282. Ord. No. 85-28)
10.40.030 Procedure for designation of terminal and access route.
(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 Transportation Engineer, and appropriate fees to the city.
(b) Upon receipt of the application, the Transportation Engineer 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. Determination of route capability will include, but not be limited to, 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 as provided in section 10.40.040.
(Code 1965, § 3962; Code 2002, § 106-283. Ord. No. 85-28)
10.40.040 Application fee; payment of costs of signs.
(a) The applicant shall pay a nonrefundable application fee, in the amount set forth in the Resolution Establishing Fees and Charges, 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 Transportation Engineer to pay for the purchase and installation of terminal trailblazer signs; trailblazer signs will be required at every decision point in the city en 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 10.40.050.
(Code 1965, § 3963; Code 2002, § 106-284. Ord. No. 85-28)
10.40.050 Retrofitting of deficient access routes.
(a) If all feasible routes to a requested terminal are found unsatisfactory by the Transportation Engineer, the applicant may request retrofitting the deficiencies. All costs of retrofitting, including but not limited to the costs of engineering, bidding, 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 the responsibility of the city.
(b) When the work is the responsibility of 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 any other applicant should 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 Transportation Engineer, 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.
(Code 1965, § 3964; Code 2002, § 106-285. Ord. No. 85-28)
10.40.060 Revocation of approval or terminal or access route.
The Transportation Engineer may revoke any approved terminal or route if the terminal or route becomes a safety hazard for vehicular traffic. A safety hazard includes, but is not limited to, the inability of interstate trucks to negotiate the route or said vehicles causing unsafe driving conditions for other vehicular traffic or pedestrians.
(Code 1965, § 3965; Code 2002, § 106-286. Ord. No. 85-28)
10.40.070 Appeal.
(a) If the Transportation Engineer denies terminal designation, route feasibility, or revokes a previously approved terminal or route, any person may appeal said decision to the City Council in accordance with the terms of section 2.05.050 of this Code.
(b) If Caltrans and not the Transportation Engineer 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.
(Code 1965, § 3966; Code 2002, § 106-287. Ord. No. 85-28)
10.40.080 Severability.
If any section, subsection, sentence, clause, or phrase of this article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this article and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.
(Code 1965, § 3967; Code 2002, § 106-288. Ord. No. 85-28)