Chapter 4.70
INTERSTATE TRUCKS
Sections:
4.70.010 Definitions.
For the purposes of this chapter, the following words shall have the meanings set forth in this section. If any word or phrase used in this chapter is not defined in this section, it shall have the meanings set forth in the California Vehicle Code; provided, however, 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. “Caltrans” means the state of California Department of Transportation or its successor agency.
B. “City” means the city of Millbrae acting by and through its authorized representatives.
C. “Interstate truck” means a truck tractor and trailer or doubles with unlimited length as regulated by the California Vehicle Code.
D. “Person” means individuals, firms, associations and corporations, and agents, employees or representatives thereof.
E. “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.
F. “Transportation engineer” means the transportation engineer of the city of Millbrae or his authorized representative. (Ord. 490, § 1; 1976 Code § 4-14.01).
4.70.020 Purpose.
The purpose of this chapter is to establish procedures for terminal designation and truck route designation to terminals for interstate trucks operating on a federally designated highway system and to promote the general health, safety and welfare of the public. (Ord. 490, § 1; 1976 Code § 4-14.02).
4.70.030 Application.
A. Any interested person requiring terminal access 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 shall pay appropriate fees to the city of Millbrae.
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, 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 of Millbrae 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. (Ord. 490, § 1; 1976 Code § 4-14.03).
4.70.040 Fees and costs.
A. The applicant shall pay a nonrefundable application fee, as established by the city by resolution, 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 of Millbrae 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. (Ord. 490, § 1; 1976 Code § 4-14.04).
4.70.050 Retrofitting.
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 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 of Millbrae 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 transportation engineer, on a form satisfactory to the transportation 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, should any other 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 transportation engineer, which fee shall be disbursed by the city of Millbrae to the original applicant who paid for the retrofitting as well as to any other applicant who contributed to the cost of retrofitting under this subsection. Nothing herein shall require the payment of a proportionate fee if the applicant doing the work failed to file the report with the transportation engineer required by subsection (B) of this section. (Ord. 490, § 1; 1976 Code § 4-14.05).
4.70.060 Revocation of route.
The transportation engineer 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. (Ord. 490, § 1; 1976 Code § 4-14.06).
4.70.070 Appeal process.
A. If the transportation engineer denies terminal designation, route feasibility or revokes a previously approved terminal or route, the applicant or terminal owner, within ten days following the date of receipt of the decision of the transportation 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 transportation engineer or wherein its decision is not supported by the evidence in the record. Within five days of the filing of an appeal, the transportation engineer 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 transportation engineer, the findings of the transportation engineer and his decision on the application.
B. The city clerk shall make copies of the data provided by the transportation engineer 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 as provided in subsection (C) of this section.
C. The city council shall hear and determine the appeal at its second regularly scheduled meeting following the date upon which the appeal of an applicant or terminal owner is filed with the city clerk.
D. 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. (Ord. 490, § 1; 1976 Code § 4-14.07).