CHAPTER 13. DESIGNATION OF INTERSTATE TRUCK ACCESS ROUTES
ARTICLE 1. GENERAL PROVISIONS
3-13-1000 LEGISLATIVE AUTHORITY:
This Chapter is adopted pursuant to the authority set forth in Sections 35100, 35401, and 35401.5 of the Vehicle Code of the State of California.
3-13-1005 PURPOSE:
(a) It is the purpose of this Chapter to protect the health, safety, and welfare of the residents of this County by setting minimum standards for the use of County roads by certain interstate trucks. To that end, this Chapter and the provisions there under shall be liberally construed.
(b) It is additionally the intention of the Board of Supervisors to minimize the wear and tear on County roadways with increased usage by certain interstate trucks while still providing the fullest possible access for the County residents and businesses utilizing the benefits and services of such traffic.
3-13-1010 NOT EXCLUSIVE REGULATION:
This Chapter is not the exclusive regulation of County roadways. It shall supplement and be in addition to the other regulating statutes and ordinances heretofore or hereinafter enacted by the State, County, or any other legal entity or agency having jurisdiction.
3-13-1015 ADMINISTRATION AND ENFORCEMENT:
Except as otherwise provided, this Chapter shall be administered and enforced by the Public Works Director of Tulare County.
3-13-1020 APPLICATION OF CHAPTER:
This Chapter applies to all County controlled and maintained roadways and any truck traffic, local or interstate, using such roadways.
3-13-1025 DEFINITIONS:
Except where the context otherwise requires, the following definitions shall govern the construction of this Chapter:
(a) "Board" means the Board of Supervisors of Tulare County.
(b) "Public Works Director" means the Public Works Director of Tulare County or his duly authorized agents.
(c) "Terminal" means a facility at which freight is consolidated to be shipped, where shipments may be loaded or unloaded, or at which truck and trailer combinations are regularly maintained, stored or manufactured.
(d) "Interstate truck" means a combination of vehicles consisting of a truck tractor and semitrailer, with or without an additional trailer, which conforms to the conditions of section 35401.5 of the Vehicle Code of California. Any licensed carrier of household goods when directly enroute to or from a point of loading or unloading of household goods, whose travel on highways other than those designated through this ordinance is necessary and incidental to the shipment of the household goods, is specifically excluded from this definition.
(e) "CALTRANS" means the State of California Department of Transportation.
(f) "Point of decision" means any intersection, junction or other point on a roadway where a driver must decide to proceed straight, turn, exit or enter (driveway entrances are excluded).
ARTICLE 3. PROHIBITION
3-13-1075 DECLARATION OF PROHIBITION:
The County of Tulare hereby prohibits the use of any interstate truck upon the highways or roadways under its jurisdiction except on specifically designated interstate truck terminal access routes as hereinafter provided. County designation of an interstate truck terminal access route which is available for use shall be evidenced by specific signs posted at all points of decision on the interstate truck terminal access route.
ARTICLE 5. PROCEDURE FOR TERMINAL ACCESS ROUTE DESIGNATION
3-13-1125 APPLICATION:
(a) Any terminal owner or authorized agent wishing to have an interstate truck terminal access route designated to a particular terminal, which route is wholly or partly made up of County roads or highways, shall submit an application and supply all information and documents requested to the Public Works Director. The application shall be on a form provided by the Public Works Director and available in the Department of Public Works of Tulare County during hours when the County is regularly open for business days.
(b) Additional information may be required upon request by the Public Works Director. Written notification of any changes in any information supplied during the application process must be submitted to the Public Works Director. If such additional or changed information is not provided within five (5) working days or is inaccurate, the Public Works Director may deny the application.
3-13-1130 INVESTIGATION:
(a) The Public Works Director shall investigate all applications for interstate truck terminal access route designations.
(b) Following the investigation, the Public Works Director shall compile a report describing the proposed route and any alternative routes. The report shall further identify any deficiencies or problems within the proposed route or alternate routes which must be corrected before such routes can be finally approved for designation as interstate truck access routes.
3-13-1135 APPROVAL:
(a) The Public Works Director shall take one of the following actions on an application:
(1) Approve the application route as proposed.
(2) Approve the application route on the condition that the applicant correct any or all identified deficiencies to the satisfaction of the Public Works Director prior to any use of the route.
(3) Deny the application.
(b) If the application route is approved on the condition that any deficiencies be corrected, such correction must be commenced within 3 months of conditional approval and shall comply with all normal County procedures, standards and permit requirements. Adequacy of correction of the deficiencies shall be subject to the approval of the Public Works Director. The Public Works Director may deny final approval of any route upon the applicant’s failure to comply with any of these provisions.
(c) The applicant may appeal any conditional approval or any denial in accordance with Sections 3-13-1250 thru 3-13-1260 of this Chapter.
3-13-1140 CALTRANS AND OTHER LOCAL AGENCY APPROVAL:
(a) Once the Public Works Director has approved a proposed or alternate route, the Public Works Director shall submit the proposed route to CALTRANS for approval. The Public Works Director shall also notify the applicant if approval by any affected local agency or city is necessary. Final approval by the County shall be contingent upon compliance by the applicant with all requirements set out by CALTRANS and approval by any other affected local agency or city.
(b) If the applicant fails to meet any requirements by CALTRANS or is denied approval by any other affected local agency, the Public Works Director shall deny the application, which denial shall be final and not appealable to the Board.
ARTICLE 7. DESIGNATION
3-13-1190 POSTING OF SIGNS:
Following final approval, the Director of Public Works shall post signs, which mark the course of the interstate truck terminal access route. Such signs shall be posted in accordance with standards adopted by the Public Works Director.
3-13-1195 AVAILABILITY FOR USE:
The Public Works Director, after posting all necessary signs, shall notify the applicant and the California Highway Patrol, that a route has been designated and marked and is available for use.
3-13-1200 SUSPENSION: REVOCATION:
The Public Works Director may, at any time and in his sole discretion, revoke his approval of any route if the route becomes unsafe. The designation of any route may be temporarily suspended to allow for repairs or other construction. A permanent revocation or temporary suspension may be appealed in accordance with sections 3-13-1250 thru 3-13-1260 of this Chapter.
ARTICLE 9. APPEAL
3-13-1250 INITIAL APPEAL:
To appeal a conditional approval or a denial of designation by the Public Works Director, the applicant shall provide written notice of appeal to the Public Works Director within 30 days of notification of the conditional approval or denial. Such written notice shall set out all reasons why the applicant believes such conditions or denial are inappropriate.
3-13-1255 INITIAL REVIEW:
Upon receipt of a written notice of appeal, the Public Works Director shall reconsider the conditions or denial and notify the applicant of the results of his review in writing within 45 days. If the applicant is not satisfied by the Public Works Director’s decision after review, the applicant may appeal directly to the Board. If the applicant is satisfied, the procedures in Sections 3-13-1135 and 3-13-1140 as to correction of deficiencies, approval by other agencies, and posting of signs shall be followed.
3-13-1260 APPEAL TO THE BOARD:
(a) If the applicant wishes to appeal to the Board the Public Works Director’s decision on reconsideration rendered under Section 3-13-1255, the provisions in Section 165 shall control.
(b) If the Board orders approval or conditional approval of a requested route, then the procedures set out in Sections 3-13-1135 and 3-13-1140 as to correction of deficiencies, approval by other agencies and posting of signs shall be followed. The Board’s decision on the applicant’s appeal shall be final. Judicial review of such decision shall be in accordance with California Code of Civil Procedure Section 1094.5.
3-13-1265 RENEWAL OF APPLICATION:
The denial of a route application shall be final as to that route unless there is a material change of circumstances between the date of denial and the date of filing a renewed application. A material change of circumstances may include construction and improvement of the proposed route for a different purpose or a decision by CALTRANS to withdraw a previous rejection of the route. The Public Works Director may reject a renewed application for a previously rejected route without investigation or report unless the applicant, when making the renewed application, provides written evidence of such a material change of circumstances. Denial by the Public Works Director of a renewed application shall be final for all appeal purposes.