Davis Municipal Code Art. 22.14 Interstate Truck Terminals and Access

(a) 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.

(b) Since state and federal law have revised current state law on truck combinations' length and width and implemented 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/business establishments requiring the service of the interstate trucks off the federally designated interstate highway system (i.e. I-80).

(Ord. 1307 § 1)

(a) Those persons qualifying as a "terminal" as defined in Section 22.14.030 of this chapter and requiring terminal access from federally designated highways, shall submit an application and appropriate fee to the Public Works Department, 23 Russell Boulevard, Davis, California, 95616. The form of the application shall be as prescribed by the public works director.

(b) Upon receipt of the application, the public works director 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 existence of adequate turning radii, lane widths, and weight capacity of ramps, intersections and highways. Also a determinant factor will be general traffic conditions such as sight distance, speed and traffic volumes for safe operation. Access off the federally designated highways will require Caltrans (District 3) approval.

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

(Ord. 1307 § 1)

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

Terminal.

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, and which serves interstate trucks.

Interstate truck.

Tractor semis or doubles with unlimited length as regulated by CVC Section 35401.5(a)(1) and (2).

(Ord. 1307 § 1)

(a) Fees and costs for the application for a terminal designation shall be paid by the applicant. The application fee shall cover the cost of reviewing route(s) and terminal designation and shall be established by the public works director, subject to modification by the city council.

(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 trail-blazer signs. Trailblazer signs will be required at every decision point on the route to the terminal. The costs to be determined by the office of the public works director.

(Ord. 1307 § 1)

(a) If the office of the public works director denies terminal designation and/or route feasibility or revokes a previously approved route pursuant to this article, the applicant/terminal owner, within ten days following the date of the decision of the public works director, may appeal the decision to the city council. An appeal shall be made in the form prescribed by the public works department, shall be signed by the appellant or its agent and shall be filed with the city clerk. The appeal shall state specifically wherein there was an error or abuse of discretion by the public works director or wherein his or her decision is not supported by the evidence in the record. Within five days of the filing of an appeal, the public works director shall transmit to the city manager the terminal application, sketches of the revoked route and all other data filed therewith, including the findings and decision on the application.

(b) The city manager 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 Caltrans (District 3) denies or revokes terminal access from federally designated highways, an appeal may not be made to the city council, but must be made to Caltrans (District 3), utilizing Caltrans' adopted appeal procedure and within the time limits prescribed by Caltrans.

(Ord. 1307 § 1)

If all feasible routes to a requested terminal are deemed unsatisfactory by the public works 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 terminal(s) using the improved route. The benefit district costs shall be in proportion to the section of route utilized by users of the terminal assessed.

(Ord. 1307 § 1)