Kern County Municipal Code Ch. 10.12 Interstate Trucks

The purpose of this chapter is to establish procedures for terminal designation and truck route designation to terminals for interstate trucks operating on the federally designated highway system and to promote the general health, safety and welfare of the public.

(Prior code § 2450)

The following words and phrases shall have the meanings set forth in this section, 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. "Roads department" means that person or persons of the county of Kern, roads department.

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

D. "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.

(Ord. No. G-6345 § 14, 1996; Ord. No. G-5885 § 24, 1993; prior code § 2451)

A. Any interested person requiring terminal access for interstate trucks from the federally designated highway system shall submit an application, on a form to be provided by the roads department, together with such information as may be required by the department along with the required fees to the county.

B. Upon receipt of the application, the roads department shall cause an investigation to be made to ascertain whether or not the proposed terminal facility meets the requirements for an interstate truck terminal. Upon the approval of that designation, they 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 radii and lane widths of ramps, intersections and highways and general traffic conditions such as sight distance, speed and traffic volumes and congestion. No access off the federally designated highway system shall be approved without the approval of Caltrans.

C. Should the requested route pass through the county to a terminal located in another jurisdiction, the applicant shall also comply with that jurisdiction's application process. Coordination of the approval of the route through the county shall be the responsibility of the entity which controls the terminal's land use. Costs for trailblazer signs shall be as provided in Section 10.12.040 of this chapter.

(Ord. No. G-6345 § 16, 1996; Ord. No. G-5885 § 26, 1993; prior code § 2452)

A. The applicant shall pay a nonrefundable application fee, as established by the county by resolution, sufficient to pay the cost of the review of the terminal designation and/or the review of the route and alternate routes.

B. Upon the approval of the terminal designation and route by the county and by Caltrans, the applicant shall deposit with the county sufficient funds as estimated by the roads department to pay for the purchase and installation of terminal trailblazer signs. Trailblazer signs shall be required at every decision point in the county en route to the terminal. Upon completion of the installation of the signs, the actual cost shall be computed and any difference between the actual and the estimated cost shall be billed or refunded to the applicant, whichever the case may be. 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 10.12.050 of this chapter.

(Ord. No. G-6345 § 18, 1996; Ord. No. G-5885 § 28, 1993; prior code § 2453)

A. If all feasible routes to a requested terminal are found unsatisfactory by the roads department, the applicant may request retrofitting to mitigate or eliminate the deficiencies. All costs of engineering, construction and inspection shall be the responsibility of applicant. Except when such retrofitting is within the jurisdiction of Caltrans, the actual construction will be done by the county or by a contractor, and pursuant to plans and specifications acceptable to it.

B. When the work is to be done by the county, the applicant shall deposit with the roads department the estimated costs 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. When the work is done by the applicant, the applicant shall file with the roads department, on a form satisfactory to the department, a statement detailing the actual costs of the retrofitting.

C. If at any time within five (5) years from the date of completion of the retrofitting by or paid for by the applicant, should any applicant seek terminal approval which would use the route upon which such retrofitting was accomplished, any such applicant's fee may include that applicant's proportionate share of the retrofitting, as determined by the roads department, which fee shall be disbursed by the county to the applicant who paid for the retrofitting as well as to any applicant who contributed to the cost of retrofitting 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 roads department required by subsection (B) of this section.

(Ord. No. G-6345 § 20, 1996: Ord. No. G-5885 § 30, 1993: prior code § 2454

The roads department may revoke any approved terminal or route if the terminal or route becomes a traffic hazard for vehicular or pedestrian traffic. A traffic hazard includes the inability of interstate trucks to negotiate the route or such vehicles causing unsafe operating conditions for other vehicular or pedestrian traffic.

(Ord. No. G-6345 § 21, 1996: Ord. No. G-5885 § 31, 1993: prior code § 2455)

A. If the roads department denies terminal designation or route feasibility or revokes a previously approved terminal or route, the applicant/terminal owner, within ten (10) days following the date of receipt of the decision of the roads department may appeal such decision to the county board of supervisors in writing. An appeal shall be made on a form prescribed by the roads department and shall be filed with the clerk of the board of supervisors. The appeal shall state specifically wherein there was an error or abuse of discretion by the roads department or wherein its decision is not supported by available evidence. Within five (5) days of the filing of an appeal, the roads department shall transmit to the clerk of the board of supervisors the terminal application and/or the sketches of the revoked route and all other data filed therewith, the report of the department and its decision on the application/revocation.

B. The clerk of the board of supervisors shall make copies of the data provided by the roads department 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 county board of supervisors.

C. If Caltrans and not the roads department denies or revokes terminal access from federally designated highways, no appeal may be made to the county board of supervisors, but must be made to Caltrans as may be permitted by Caltrans.

(Ord. No. G-6345 § 22, 1996: Ord. No. G-5885 § 32, 1993: prior code § 2456)