Milpitas Municipal Code Ch. 16 Interstate Truck Terminal Designation and Access

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.

.01

"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.

.02

"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.

.03

"Engineer" means the City Engineer of the City of Milpitas or his authorized representative.

.04

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

.05

"City" means the City of Milpitas.

(Ord. 225 (part), 6/18/85)

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. 225 (part), 6/18/85)

.01

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 Engineer and appropriate fees to the City.

.02

Upon receipt of the application, the Engineer 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 approval of that designation, the Engineer 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 approval of Caltrans.

.03

Should the requested route pass through the City of Milpitas 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 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 III-16-4.00.

(Ord. 225 (part), 6/18/85)

.01

The applicant shall pay a non-refundable 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(s).

.02

Upon the approval of the terminal designation and route by the City, the applicant shall deposit with the City sufficient funds as estimated by the Engineers 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. 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 III-16-5.03.

.03

With respect to any State highway within the City limits or any County road within the City Limits approval and consent of the designated route to terminal must be obtained from the respective agency prior to City approval.

(Ord. 225 (part), 6/18/85)

.01

If all feasible routes to a requested terminal are found unsatisfactory by the Engineer, the applicant may request retrofitting the deficiencies. Any or all costs of right-of-way, right-of-way acquisition (by purchase or eminent domain), legal fees, court costs, engineering, construction and inspection will be the responsibility of the applicant. Except when the retrofitting of deficiencies is within the jurisdiction of another government agency, the actual construction will be done by the City or by a contractor acceptable to it in accordance with plans approved by the Engineer.

.02

When the work is to be done by the City, 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. When the work is done by the applicant, the applicant may file with the Engineer, on a form satisfactory to the Engineer, a statement detailing the actual costs of the retrofitting.

.03

If at any time within 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 applicants' fee may include that applicant's proportionate share of the retrofitting, as determined by the Engineer, 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. Nothing herein shall require the payment of a proportionate fee if the applicant doing the work failed to file the report with the Engineer required by subsection .02 above.

(Ord. 225 (part), 6/18/85)

The Engineer may (upon notice to the applicant(s), the terminal owner and to Caltrans) 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. 225 (part), 6/18/85)

.01

If the Engineer denies terminal designation, route feasibility or revokes a previously approved terminal or route, the applicant or the terminal owner, within 10 days following the date of receipt of the decision of the Engineer may appeal said decision to the City Council in writing in accordance with the provisions of Section I-20-5.00 of the Milpitas Municipal Code.

.02

The City Clerk shall make copies of the data provided by the Engineer available to 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.

.03

If Caltrans and not the Engineer 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. 225 (part), 6/18/85)