Calexico Municipal Code Ch. 10.33 Regulation of Interstate Truck Terminal Designation and Terminal Access

It shall be the intent and purpose of this chapter 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.

(Ord. 868 § 1 (part), 1985)

Since STAA1982 and AB866 revised current state law on truck combinations' length and width and implements federal requirements dealing with access to the federally designated system by interstate trucks, it is required that the city of Calexico enact an ordinance delineating the process of application for terminal and route designation within the bounds of the city limits by citizens/business establishments requiring the service of said interstate trucks off said federally designated system (i.e., I-8).

(Ord. 868 § 1 (part), 1985)

A. Those persons qualifying as a "terminal" as defined in Section 10.33.040(A) and requiring terminal access from federally designated highways, shall submit an application and appropriate fee to the public works department, City Hall, 408 Heber Avenue, Calexico, California. Said application is Attachment "A" to the ordinance codified in this chapter, and if unavailable from the public works department.

B. Upon receipt of the application, the director of public works will determine the applicant's conformance with the "terminal" designation and if so approved, will then determine the capability 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 conditions such as sight distance, speed and traffic volumes for sale operation. Access off the federally designated highways will require Cal Trans (District 11) approval.

C. If the requested route passes through several jurisdictions (i.e., county or other municipality), 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.

(Ord. 868 § 1 (part), 1985)

"Terminal" and "interstate truck" as used in this chapter shall be defined as follows:

A. "Terminal" means a 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.

B. "Interstate truck" means tractor semis or doubles with unlimited length as regulated by CVC 35401.5(a)(1) and (2).

(Ord. 868 § 1 (part), 1985)

A. Fees/costs for the Application of a Terminal Designation. The application fee is to cover the cost of reviewing route(s) and terminal designation and to be established by city council resolution. The application fee is nonrefundable.

B. If the application for a terminal designation is approved, the applicant will be required to pay for the purchase and installation of terminal access signs and trailblazer signs. Trailblazer signs will be required at every decision point on the route to the terminal. Said costs will be determined by the office of the director of public works of the city.

(Ord. 868 § 1 (part), 1985)

The director of public works is authorized to revoke any approved route if said route proves to be a safety hazard for any vehicular traffic. A safety hazard is defined as inability of the interstate trucks to negotiate a route, and/or said trucks causing unsafe driving conditions for other vehicular traffic and/or pedestrians.

(Ord. 868 § 1 (part), 1985)

A. If the office of the director of public works denies terminal designation and/or route feasibility or revokes a previously approved route per Section 10.33.060, the applicant/terminal owner, within ten days following the date of a decision of the director of public works on a revocation of terminal access or terminal designation, may appeal said decisions 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 clerk. The appeal shall state specifically wherein there was an error or abuse of discretion by the director of public works, or wherein its decision is not supported by the evidence in the record. Within five days of the filing of an appeal, the director of public works 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 director of public works, the findings of the director of public works and his decision on the application.

B. The city clerk 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.

C. If Cal Trans (District 11) and not the director of public works denies or revokes terminal access from federally designated highways, no appeal may be made to the city council, but must be made to said Cal Trans (District 11).

(Ord. 868 § 1 (part), 1985)

If all feasible routes to a requested terminal are deemed unsatisfactory by the office of the director of public works, 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 and other "terminal(s)" using the improved route. Said benefit district costs would be in proportion to the section of route utilized.

(Ord. 868 § 1 (part), 1985)