El Dorado County Municipal Code Ch. 12.25 Terminal and Truck Route Designation

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.

Caltrans means the State of California Department of Transportation or its successor agency.

Director means the Director of Transportation or his or her authorized representative.

Interstate truck means a truck tractor and trailer or doubles with unlimited length as regulated by the Vehicle Code.

Terminal means any 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 1997, § 12.25.010; Ord. No. 3497, § 1(part), 1984; Ord. No. 3766, § 50, 1987; Ord. No. 5051, § 2, 4-18-2017)

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.

(Code 1997, § 12.25.020; Ord. No. 3497, § 1(part), 1984)

A. Any interested person requiring terminal access from the Federally designated highway system shall obtain a permit from the Director of Transportation. Interstate trucks shall operate only on those County roads which have been designated by the Director of Transportation as terminal routes.

B. The designation of terminal routes on the County-maintained road system will be made by the Director based on roadway adequacy and safety. Requests for access to terminals not included on the designated terminal routes must be submitted to the Director for review. The Director shall obtain approval from Caltrans for all terminal routes that utilize on/off ramps or intersections with U.S. Highway 50 or other State routes under the jurisdiction of Caltrans.

C. Should the requested route pass through any city to a terminal located in another jurisdiction, the applicant shall comply with that jurisdiction's application process. Coordination of the approval of the route through the County will be the responsibility of the entity which controls the terminal's land use.

(Code 1997, § 12.25.030; Ord. No. 3744, § 2, 1987; Ord. No. 5051, § 2, 4-18-2017)

The applicant shall pay a nonrefundable permit fee as established by the Board of Supervisors by resolution.

(Code 1997, § 12.25.040; Ord. No. 3744, § 4, 1987)

A. If feasible routes to a requested terminal are found unsatisfactory by the Director, the applicant may request correcting any deficiencies. All costs of engineering, construction and inspection shall be the responsibility of the applicant. Except when the correction of deficiencies is within the jurisdiction of Caltrans, the actual construction will be done by the County or by a contractor acceptable to it.

B. When the work is to be done by the County, the applicant shall deposit with the County the estimated cost of correction. 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. When the work is done by the applicant, the applicant may file with the Director a form satisfactory to the Director a statement detailing the actual costs of the correction.

C. If at any time within five years from the date of completion of the correction by the applicant, should any applicant seek terminal approval which would use the route upon which such correction was accomplished, any such applicants' fee may include that applicant's proportionate share of the correction, as determined by the Director, which fee shall be disbursed by the County to the applicant who paid for the correction as well as to any applicant who contributed to the cost of correction under this section. Nothing herein shall require the payment of a proportionate fee if the applicant doing the work failed to file the report with the Director required by Subsection B of this section.

(Code 1997, § 12.25.050; Ord. No. 3497, § 1(part), 1984)

The Director may revoke any approved terminal or route if the terminal or route becomes unsafe for vehicular traffic. The term "unsafe for vehicular traffic" includes, but is not limited to, the inability of interstate trucks to negotiate the route or the trucks causing unsafe driving conditions for other vehicular traffic or pedestrians.

(Code 1997, § 12.25.060; Ord. No. 3497, § 1(part), 1984)

A. If the Director denies terminal designation, route feasibility or revokes a previously approved terminal or route, the applicant/terminal owner, within 15 days following the date of receipt of the decision of the Director, may appeal the decision to the Board of Supervisors in writing in accordance with the provisions under Chapter 2.09 et seq. An appeal shall be made on a form prescribed by the Department of Public Works and shall be filed with the Clerk to the Board of Supervisors. The appeal shall state specifically wherein its decision is not supported by the evidence in the record. Within five days of the filing of an appeal, the Director shall transmit to the Board Clerk the terminal application, the sketches of the revoked route and all other data filed therewith, the report of the Director, the findings of the Director and his or her decision on the application.

B. The Clerk to the Board of Supervisors shall make copies of the data provided by the Director 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 requested notice of the time when the appeal will be considered by the Board of Supervisors.

C. If Caltrans and not the Director denies or revokes terminal access from Federally designated highways, no appeal may be made to the Board of Supervisors, but must be made to Caltrans as may be permitted by Caltrans.

(Code 1997, § 12.25.070; Ord. No. 3497, § 1(part), 1984)