Azusa Municipal Code Art. XII Interstate Trucks

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning, and if any word or phrase used in this article is not defined in this section, it shall have the meanings 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 means the state department of transportation or its successor agency.

Director means the director of community development or his authorized representative.

Interstate truck means a truck tractor and semitrailer or truck tractor, semitrailer and trailer with unlimited length as regulated by the Vehicle Code.

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.

(Code 1971, § 11.66.010)

Cross reference— Definitions and rules of construction generally, § 1-2.

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 1971, § 11.66.020)

(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 director and appropriate fees to the city.

(b) Upon receipt of the application, the director 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 to a terminal located in another jurisdiction, the applicant shall comply with that jurisdiction's application process as well. 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 74-604.

(Code 1971, § 11.66.030)

(a) Pursuant to this article, 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 route. The council shall also set, by resolution, an appeal fee to pay the costs of processing an appeal pursuant to section 74-607.

(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 director 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 74-605.

(Code 1971, § 11.66.040)

(a) Pursuant to this article, if all feasible routes to a requested terminal are found unsatisfactory by the director, 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 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, should any 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 director, 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 1971, § 11.66.050)

The director may revoke any approved terminal or route under this article 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 such vehicles causing unsafe driving conditions for other vehicular traffic or pedestrians.

(Code 1971, § 11.66.060)

(a) Under this article, if the director denies terminal designation, route feasibility or revokes a previously approved terminal or route, he shall notify the applicant in writing. The applicant or terminal owner, within ten days following the date of the decision of the director, may appeal such decision to the city council in writing. An appeal shall be made on a form prescribed by the director and shall be filed with the city clerk upon payment of the appeal fee. The appeal shall state specifically wherein there was an error or abuse of discretion by the director or wherein his decision is not supported by the evidence in the record. Within five days of the filing of an appeal, the director shall transmit to the city clerk the terminal application, the sketches of the route and all other data filed therewith, the report of the director, the findings of the director and his decision on the application.

(b) The city clerk shall make copies of the data provided by the director 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. The appeal shall be scheduled for council consideration at a council meeting not later than 21 days after receipt of the appeal. The council may continue consideration of the appeal for good cause.

(c) If Caltrans and not the director denies or revokes terminal access from federally designated highways, no appeal may be made to the city council, but the appeal must be made to Caltrans as may be permitted by Caltrans.

(Code 1971, § 11.66.070)