Chapter 10.48
INTERSTATE TRUCK TERMINAL DESIGNATION AND ACCESS
Sections:
10.48.060 Revocation of route.
10.48.010 Definitions.
The words and phrases defined in this section shall have the meanings ascribed to them whenever they are used in this chapter. 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. If any word or phrase used in this chapter is not defined in this section or 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 or where full load consignments may be loaded and off-loaded or at which the vehicles are regularly maintained, stored, or manufactured.
B. “Interstate truck” means a truck-tractor and semi- trailer or truck-tractor, semi-trailer and trailer with un- limited length as regulated by the California Vehicle Code.
C. “City engineer” means the city engineer of the city of Galt or his authorized representative.
D. “Caltrans” means the state of California Department of Transportation or its successor agency.
E. “City” means the city of Galt.
F. “City council” means the city council of the city of Galt. (Ord. 85-3 § 1 (part))
10.48.020 Purpose.
The purpose of this chapter is to establish procedures for terminal designation and truck route designation to terminals for interstate trucks operating on the federally designated highway system and to promote the general health, safety and welfare of the public. (Ord. 85-3 § 1 (part))
10.48.030 Application.
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 application, the city engineer shall cause an investigation to be made to ascertain whether or not the proposed terminal facility meets the requirements for an interstate truck terminal. Upon the city engineer’s approval of that designation, he or she shall then determine the capability of the route requested and alternate routes, whether requested or not. Determination of route capability shall include, without limitation, a review of adequate turning radii and lane widths of ramps, intersections and highways, and general traffic conditions such as sight, distance, speed, and traffic volumes for safe operation. No access off the federally designated highway system shall 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 shall be the responsibility of the entity which controls the terminal’s land use. Cost for trailblazer signs shall be as provided in Section 10.48.040 B. (Ord. 85-3 § 1 (part))
10.48.040 Fees and costs.
A. The applicant shall pay a nonrefundable application fee, as established by the city council by resolution, sufficient to pay the cost of the review of the requested route and alternate routes.
B. Upon the approval of the terminal designation and route by the city and 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. Trailblazer signs shall be required at every decision point within the city along the route to the terminal. Upon the completion of the installation of the signs, the actual cost shall be computed and any difference between the actual and 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 are in place. Cost for trailblazer signs may be apportioned in accordance with the procedures set forth in Section 10.48.050 C. (Ord. 85-3 § 1 (part), 1985)
10.48.050 Retrofitting.
A. If the city engineer finds all feasible routes to a requested terminal unsatisfactory, the applicant may request retrofitting of the deficiencies. All costs of engineering, construction, and inspection shall be the responsibility of the applicant. Except when the retrofitting of deficiencies is within the jurisdiction of Caltrans, the actual construction shall be done by the city or by a contractor acceptable to the city.
B. When the retrofitting work is to be done by the city, the applicant shall deposit the estimated cost of retrofitting with the city. Adjustments between the estimated and actual costs shall be made after completion of the work and any difference between the actual and the estimated costs shall be billed or refunded to the applicant, whichever the case may be. When the retrofitting work is done by the applicant through a contractor acceptable to the city, 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 any other applicant seeks terminal approval which would use the route upon which the retrofitting was accomplished, that applicant’s fees may include his, her, or its proportionate share of the retrofitting, as determined by the city engineer. The proportionate share collected 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. Nothing herein shall require the payment of a proportionate share if the applicant doing the work failed to file the report with the city engineer called for in subsection B of this section. (Ord. 85-3 § 1 (part), 1985)
10.48.060 Revocation of route.
The city engineer may revoke any approved terminal or route if the terminal or route becomes a safety hazard for any vehicular traffic. A safety hazard includes the inability of interstate trucks to negotiate the route or said trucks causing unsafe driving conditions for other vehicular traffic or pedestrians. (Ord. 85-3 § 1 (part), 1985)
10.48.070 Appeal process.
A. If the City Engineer denies terminal designation or route feasibility, or revokes a previously approved terminal or route, the decision shall be final unless within ten (10) calendar days after the decision the applicant/terminal owner, or any other person dissatisfied with the decision, appeals said decision by submitting an appeal hearing request with the City Clerk. Any such request shall be made on a form prescribed by the city. The request shall state specifically wherein there was an error or abuse of discretion by the City Engineer or wherein his or her decision is not supported by the evidence in the record. Within five (5) days of the filing of an appeal hearing request, the city engineer shall transmit to the City Clerk the terminal application, the sketches of the rejected route and all other data filed therewith, the report of the City Engineer, and the findings of the City Engineer and his or her decision on the application.
B. The appeal hearing shall be set and conducted pursuant to section 21.03.060.
C. If Caltrans, rather than the city Engineer, denies or revokes terminal access from the federally designated highway system, no appeal may be made pursuant to subsection A, but must be made to Caltrans as may be permitted by Caltrans. (Ord. 2006-07, Amended, 06/06/2006); (Ord. 85-3 § 1 (part), 1985)
10.48.080 Constitutionality.
If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases, is declared invalid. (Ord. 85-3 § 1 (part), 1985)