Lomita Municipal Code Ch. 7 Interstate Trucks

The following words and phrases shall have the meanings set forth; and if any word or phrase used in this article 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) 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 the vehicles are regularly maintained, stored or manufactured.

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

(c) City manager means the city manager of the City of Lomita or his authorized representative.

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

(Ord. No. 382, § 1, 1-7-85; Ord. No. 699, § 1, 4-2-07)

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. No. 382, § 1, 1-7-85)

(a) Any interested person requiring terminal access 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 city manager and appropriate fees to the city.

(b) Upon receipt of the application, the city manager 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 or 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 approval of Caltrans.

(c) Should the requested route pass through the city to a terminal located in another jurisdiction, the applicant shall comply with that jurisdiction's application process as well. Coordination of the approval of the route through the city will be the responsibility of the entity which controls the terminal's land use. Costs for trailblazer signs shall be as provided in section 8.7.04.

(Ord. No. 382, § 1, 1-7-85; Ord. No. 699, § 1, 4-2-07)

(a) The applicant shall pay a nonrefundable application fee, as established by the city council by resolution, sufficient to pay the cost of the review of the terminal designation and the review of the route and alternate route. The council shall also set, by resolution, an appeal fee to pay the costs of providing an appeal pursuant to section 8.7.07.

(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 city manager to pay for the purchase and installation of terminal trailblazer signs. Trailblazer signs will be required at every decision point in the city 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 8.7.05.

(Ord. No. 382, § 1, 1-7-85; Ord. No. 699, § 1, 4-2-07)

(a) If all feasible routes to a requested terminal are found unsatisfactory by the city manager, the applicant may request retrofitting of the deficiencies. 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 by a contractor acceptable to it.

(b) When the work is to be done by the city, the applicant shall deposit with the city 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.

(c) If at any time within five (5) years from the date of completion of the retrofitting 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 city manager, which fee shall be disbursed by the city to the applicant who paid for the retrofitting, as well as to any applicant who contributed to the cost of retrofitting under this subsection.

(Ord. No. 382, § 1, 1-7-85; Ord. No. 699, § 1, 4-2-07)

The city manager may revoke any approved terminal or route if the terminal or route becomes a traffic hazard for 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. No. 382, § 1, 1-7-85; Ord. No. 699, § 1, 4-2-07)

(a) If the city manager denies terminal designation or route feasibility, or revokes a previously approved terminal or route, he shall notify the applicant in writing. The applicant or terminal owner, within ten (10) days following the date of receipt of the decision of the city manager, may appeal said decision to the city council in writing. An appeal shall be made on a form prescribed by the city manager and shall be filed with the city clerk upon payment of the appeal fee. The appeal shall state specifically wherein there was an error or abuse of discretion by the city manager or wherein its decision is not supported by the evidence in the record. Within five (5) days of the filing of an appeal, the city manager 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 city manager, the findings of the city manager and his decision on the application.

(b) The city clerk shall make copies of the data provided by the city manager 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 city council. The appeal shall be scheduled for council consideration at a council meeting not later than twenty-one (21) days following receipt of the appeal. The council may continue consideration of the appeal for good cause.

(c) If Caltrans and not the city manager 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. No. 382, § 1, 1-7-85; Ord. No. 699, § 1, 4-2-07)