Duarte Municipal Code Ch. 11.09 Interstate Trucks

The following words and phrases shall have the meanings set forth, and if any word or phrase used in this chapter 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 Vehicle Code, it shall have the meaning attributed to it in ordinary usage.

(a) "Caltrans" means the state of California Department of Transportation or its successor agency.

(b) "Interstate truck" means a truck tractor and semitrailer or truck tractor, semi-trailer and trailer with unlimited length as regulated by the Vehicle Code.

(c) "Superintendent of streets" means the city manager of the city or his authorized representative.

(d) "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 vehicles are regularly maintained, stored or manufactured.

(Ord. 602 § 1 (part), 1985)

The purpose of this chapter 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.

(Ord. 602 § 1 (part), 1985)

(a) Any interested person requiring terminal access within the city 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 superintendent of streets and appropriate fees to the city.

(b) Upon receipt of the application, the superintendent of streets 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 additional approval of Caltrans.

(c) Should a requested route pass through the city to a terminal located in another jurisdiction, the applicant shall obtain city approval for that portion of the route within the city.

(Ord. 602 § 1 (part), 1985)

(a) The applicant shall pay a nonrefundable application fee, as established by the city by resolution, sufficient to pay the cost of the review of the terminal designation and the review of the route and alternate route.

(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 superintendent of streets to pay for the purchase and installation of terminal trailblazer signs. Trailblazer signs will be required at every decision point in the city on route to the terminal. No terminal or route may be used until such signs as may be required are in place.

(Ord. 602 § 1 (part), 1985)

(a) If all feasible routes to a requested terminal are found unsatisfactory by the superintendent of streets, the applicant may request retrofitting the deficiencies if feasible. 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 its contractor.

(b) 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.

(Ord. 602 § 1 (part), 1985)

The superintendent of streets may revoke any approved terminal or route if the terminal route becomes a traffic hazard for normal vehicular traffic. A safety hazard includes the inability of interstate trucks to negotiate the route or said vehicles causing unsafe driving conditions for other vehicular traffic or pedestrians.

(Ord. 602 § 1 (part), 1985)

(a) If the superintendent of streets denies terminal designation, route feasibility or revokes a previously approved terminal or route, the applicant/terminal owner, within ten days following the date of receipt of the decision of the superintendent of streets may appeal said decision to the city council in writing. Any appeal shall be filed with the city clerk. The appeal shall state specifically wherein there was an error or abuse of discretion by the superintendent of streets or wherein his decision is not supported by the evidence in the record. Within fifteen days of the filing of an appeal, the superintendent of streets 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 superintendent of streets, the findings of the superintendent of streets and his decision on the application.

(b) The city clerk shall make copies of the data provided by the superintendent of streets 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 has requested notice of the time when the appeal will be considered by the city council.

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

(Ord. 602 § 1 (part), 1985)