Bishop Municipal Code Art. II Interstate Truck Terminals

It is the intent and purpose of this article to provide for the public necessity, health, safety or general welfare through the establishment of procedures for terminal designation and truck route designation to terminals for interstate trucks.

(Code 1985, § 10.44.020; Ord. No. 471, § 1(part), 1993)

Since current state law on truck combinations' length and width implements federal requirements dealing with access to the federally designated system by interstate trucks, it is required that the city enact an ordinance delineating the process of application for terminal and route designation within the bounds of the city limits by citizens and business establishments requiring the service of the interstate trucks off the federally designated system (i.e., U.S. Highway 396 and U.S. Highway 6).

(Code 1985, § 10.44.030; Ord. No. 471, § 1(part), 1993)

The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires.

Interstate truck and terminal shall be defined as follows:

A. Interstate truck means tractor semis or doubles with unlimited length as regulated by Vehicle Code § 35401.5(a)(1) and (2).

B. Terminal means a facility at which freight is consolidated to be shipped or where full load consignments may be loaded and offloaded or at which the vehicles are regularly maintained, stored or manufactured.

(Code 1985, § 10.44.040; Ord. No. 471, § 1(part), 1993)

A. Those persons qualifying as a terminal, and requiring terminal access from federally designated highways, shall submit an application in a form approved by the environmental services director, together with the appropriate fee, to the city public works department.

B. Upon receipt of the application, the environmental services director will determine the applicant's conformance with the terminal designation and, if so approved, will then determine the capacity of the route requested and/or alternate routes. Capability will be determined by the adequate turning radii and lane widths of ramps, intersections and highways. Also, a determinant factor will be general traffic volumes for safe operation. Access off the federally designated highways will require Caltrans District 9 approval.

C. If the requested route passes through several jurisdictions (i.e., the county), the applicant shall comply with that jurisdiction's application process. Coordination will be the responsibility of the entity which controls the terminal's land use.

(Code 1985, § 10.44.050; Ord. No. 471, § 1(part), 1993)

A. Fees and costs for the application of a terminal designation are designed to cover the cost of reviewing routes, and terminal designations, and shall be established by city council resolution. The application fee is nonrefundable.

B. If the application for a terminal designation is approved, the applicant shall pay for the purchase and installation of terminal access signs and trailblazer signs. Trailblazer signs shall be required at every decision point on the route to the terminal. Such costs shall be determined by the environmental services director.

(Code 1985, § 10.44.060; Ord. No. 471, § 1(part), 1993)

The environmental services director is authorized to revoke any approved route if the route proves to be a safety hazard for any vehicular traffic. A safety hazard includes the inability of the interstate trucks to negotiate the route, and the existence of unsafe driving conditions for other vehicular traffic or pedestrians caused by such trucks in their use of the route.

(Code 1985, § 10.44.070; Ord. No. 471, § 1(part), 1993)

A. If the environmental services director denies terminal designation or route feasibility, or revokes a previously approved route per section 10.44.070, the applicant or terminal owner, within ten days following the date of a decision of the environmental services director on a revocation of terminal access or terminal designation, may appeal the decision to the city council. An appeal shall be made on a form prescribed by the department of public works and shall be filed with the city administrator. The appeal shall state specifically wherein there was an error or abuse of discretion by the environmental services director or wherein its decision is not supported by the evidence on the record.

B. Within five days of the filing of an appeal, the environmental services director shall transmit to the city administrator the terminal application, the sketches of the revoked route and all other data filed therewith, the report of the environmental services director, the findings of the environmental services director and the director's decision on the application.

C. The city administrator shall give notice to the applicant and to the appellant (if the applicant is not the appellant) and may give notice to any other interested party of the time when the appeal will be considered by the city council.

D. If Caltrans District 9 and not the environmental services director revokes terminal access from federally designated highways, no appeal may be made to the city council but must be made to the Caltrans District 9.

(Code 1985, § 10.44.080; Ord. No. 471, § 1(part), 1993)

If all feasible routes to a requested terminal are deemed unsatisfactory by the environmental services director, the applicant may request retrofitting the deficiencies, but all costs of engineering, construction and inspection will be borne by the applicant. Upon request, the city will form a benefit district to assist in cost recovery by any other terminals using the improved route. The benefit district costs shall be in proportion to the section of route utilized.

(Code 1985, § 10.44.090; Ord. No. 471, § 1(part), 1993)