Burbank Municipal Code Art. 26 Terminal Access

6-1-2601: DEFINITIONS:

The following words and phrases shall have the meanings set forth, 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 California Vehicle Code; provided that if any such word or phrase is not defined in the California Vehicle Code, it shall have the meaning attributed to it in ordinary usage.

TERMINAL: Means any facility at which freight is consolidated to be shipped or where full-load consignments may be offloaded, or at which the vehicle combinations are regularly maintained, stored, or manufactured.

INTERSTATE TRUCK: Means a combination of vehicles consisting of a truck tractor and semi-trailer, or of a truck tractor, semitrailer, and trailer, with unlimited length as regulated by California Vehicle Code, Sec. 35401.5.

CALTRANS: Means the State of California Department of Transportation or its successor agency. [Added by Ord. No. 2989; formerly numbered Section 29-188; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3723, eff. 7/3/07.]

6-1-2602: PURPOSE:

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. [Added by Ord. No. 2989; formerly numbered Section 29-189; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2603: APPLICATION:

A. The owners or operators of a terminal requiring terminal access for interstate trucks from the federally designated highway system, which interstate trucks will utilize any City streets in traveling to, or from, such terminal, shall submit an application, on a form as provided by the City, and make payment of the fees as required by Section 6-1-2604 of this article. The application shall be filed with Public Works Department. The application shall include the name and address of the applicant, the location of the terminal, the preferred route (and alternate routes if appropriate), evidence that the terminal, if located within the City, meets established criteria and that said terminal’s parking and entries are adequate and such other information as the Public Works Director may require.

B. Upon receipt of the application, the Public Works Director will cause an investigation to be made to ascertain whether or not the proposed terminal meets the requirements for an interstate truck terminal. Upon their approval of that designation, the Public Works Director 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, streets 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, in addition to complying with subsection A of this section, shall also 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 shall be provided in Section 6- 1-2604 of this article.

D. No interstate truck may leave a designated terminal access route in the City of Burbank except at an entrance to an authorized terminal. [Added by Ord. No. 2989; formerly numbered Section 29-190; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2604: FEES:

A. The applicant shall pay to the Public Works Department a nonrefundable application fee for each proposed terminal and/or each proposed access route as provided in the Burbank Fee Resolution.

B. Upon the approval of the terminal designation and route by the City and by Caltrans the applicant shall pay to the City of Burbank for the purchase and installation of terminal trailblazer signs and terminal identification signs, where required, at a rate per sign as provided in the Burbank Fee Resolution. Trailblazer signs will be required at every decision point in the City en route to the terminal. Terminal identification signs will be required at the entrance to the terminal. 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 6-1-2605 of this article.

C. Upon approval of a terminal and/or its access route the terminal owner or its successor in interest will pay to the City an annual fee for each such terminal and/or access route, due on January 1 of each year as provided in the Burbank Fee Resolution. [Added by Ord. No. 2989; formerly numbered Section 29-191; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2605: MODIFICATIONS:

A. If all feasible routes to a requested terminal are found unsatisfactory by the Public Works Director the applicant shall be notified of the modifications necessary to make the route acceptable. The applicant may request the necessary modifications. All costs of engineering, construction and inspection will be the responsibility of the applicant. Except when the modification of deficiencies is within the jurisdiction of Caltrans, the actual construction will be done at no cost to the City by a contractor acceptable to it to keep the terminal identification current and provide for any subsequent sign maintenance.

B. When the work is done by the applicant, the applicant may file with the Public Works Department, a statement detailing the actual costs of the modification. It shall be the applicant’s responsibility to obtain all the necessary permits.

C. If at any time within five (5) years from the date of completion of the modification by the applicant, should any other applicant seek terminal approval which would use the route upon which such modification was accomplished, any such applicant’s fee may include that applicant’s proportionate share of the modification, as determined by the Public Works Department, which fee shall be disbursed by the City to the applicant who paid for the modification as well as to any applicant who contributed to the cost of modification 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 department required by subsection B of this section. [Added by Ord. No. 2989; formerly numbered Section 29-192; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2606: REVOCATION OF ROUTE:

The Public Works Director may revoke any approved terminal, or route, if the terminals, or route, becomes a traffic hazard for vehicular traffic or if there is a failure to pay the fees provided for in Section 6-1- 2604 of this article. A traffic hazard includes the inability of interstate trucks to negotiate the route or said vehicles causing unsafe traffic conditions for other vehicular traffic or pedestrians. If the Public

Works Director should so revoke any approved terminal, or route, it may, in its discretion, designate an alternate route. [Added by Ord. No. 2989; formerly numbered Section 29-193; renumbered by Ord. No. 3058, eff. 2/21/87.]

6-1-2607: CONSTITUTIONALITY:

If any section, subsection, sentence, clause or phrase of this article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the article, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. [Added by Ord. No. 2989; formerly numbered Section 29-195; renumbered by Ord. No. 3058, eff. 2/21/87.]