CHAPTER 8.32
INTERSTATE TRUCKS
SECTION:
8.32.030: Application For Truck Terminal Access
8.32.050: Installation Of Trailblazer Signs
8.32.070: Revocation Of Terminal Or Route Approval
8.32.010 PURPOSE:
The purpose of this chapter 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. (1972 Code § 10.34.020)
8.32.020 DEFINITIONS:
The following words and phrases shall have the meanings set forth in this section; provided, that 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, or, if not defined in said Vehicle Code, the meaning attributed to it in ordinary usage:
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CALTRANS: |
The state of California department of transportation or its successor agency. |
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INTERSTATE TRUCK: |
A truck tractor and semitrailer or truck tractor, semitrailer and trailer with unlimited length, as regulated by the California Vehicle Code. |
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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. (1972 Code § 10.34.010) |
8.32.030 APPLICATION FOR TRUCK TERMINAL ACCESS:
A. Application And Information Required: 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 city engineer, and the required application fee, to the city of Gonzales.
B. Investigation: Upon receipt of the application, the city 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, 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. Route To Terminal In Other Jurisdiction: 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 8.32.050 of this chapter. (1972 Code § 10.34.030)
8.32.040 FEES:
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 terminal designation and the review of the route and alternate routes. (1972 Code § 10.34.040)
8.32.050 INSTALLATION OF TRAILBLAZER SIGNS:
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. 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, as 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 subsection 8.32.030C of this chapter. (1972 Code § 10.34.050)
8.32.060 ROUTE MODIFICATIONS:
A. Costs Of Modifications: If all feasible routes to a requested terminal are found unsatisfactory by the city engineer, the applicant may request the modifications necessary to provide an acceptable route. All costs of such modification, including, but not limited to, engineering, construction, inspection and legal and administrative expenses, will be the responsibility of the applicant. Except when such modifications are within the jurisdiction of Caltrans, the actual construction will be done by the city or by a contractor acceptable to it.
B. Deposit Required: When modification work is to be done by the city, the applicant shall deposit with the city the estimated cost of the project. 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 modification work.
C. Subsequent Applicant; Payment Of Costs: If, at any time within five (5) years from the date of completion of modification work done at the request of the applicant, any other applicant should seek terminal approval which would use the route upon which such modification work was accomplished, such other applicant’s fee may include that applicant’s proportionate share of the cost of said work, as determined by the city engineer, which fee shall be disbursed by the city to the applicant who paid for the modification work, as well as to any subsequent applicant who contributed to the cost of the work under this section. Nothing herein shall require the payment of a proportionate fee if the applicant doing the work failed to file with the city engineer the report required by subsection B of this section. (1972 Code § 10.34.060)
8.32.070 REVOCATION OF TERMINAL OR ROUTE APPROVAL:
The city engineer may revoke any approval of a 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. (1972 Code § 10.34.070)
8.32.080 APPEALS:
A. Right Of Appeal: If the city engineer denies terminal designation or route approval, or revokes a previously approved terminal or route, the applicant/terminal owner, within ten (10) days following the date of receipt of the decision of the city engineer, may appeal said decision to the city council in writing. An appeal shall be made on a form prescribed by the department of public works 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 his decision is not supported by the evidence in the record. Within five (5) days of the filing of an appeal, the city engineer shall transmit to the city clerk the terminal application (with sketches of the affected route and all other data filed therewith), the report of the city engineer, and the findings and decision of the city engineer with respect to the subject application or revocation.
B. Notice To Applicant, Appellant: The city clerk shall make copies of the data provided by the city engineer available to the applicant and to the appellant (if the applicant is not the appellant) for inspection, and shall give written notice by mail to the applicant and appellant, as well as to any other interested party who has in writing requested notice, of the time and place when and where the appeal will be considered by the city council.
C. Appeal To Caltrans: If Caltrans and not the city 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. (1972 Code § 10.34.080)