Reedley Municipal Code Ch. 8 Interstate Truck Access

A. Purpose: This chapter shall be known as, and may be cited as the INTERSTATE TRUCK ACCESS ORDINANCE OF THE CITY OF REEDLEY, deemed necessary in order to implement the provisions of the 1982 federal surface transportation act, which requires states to allow interstate trucks on a system of highways designated by the United States secretary of transportation, the specific routes in Fresno County as identified in subsection 7-8-2B of this chapter, and to allow reasonable access off of this designated system to terminal and service facilities.

B. Authority To Regulate: Pursuant to the authority conferred by the 1982 federal surface transportation assistance act (STAA), and Vehicle Code section 35401.5, the regulations contained in this chapter are established herewith and shall be used to determine the location of terminal facilities and access to or from the designated highway system to such terminal facilities.

C. Governing Provisions; Terminal Facilities And/Or Terminal Access: Fees, security and bonds, the application for the designation of terminal facilities and terminal access, director and affected agency review procedures, sign regulations, provisions for the issuance of a permit, the effect of the director's decision, revocation procedures, exemptions and exceptions, ordinance prohibition and penalties, amendment procedures and enactment shall be governed by the provisions of this chapter.

D. Governing Provisions; Service Facilities And/Or Service Facility Access: No portion of the city of Reedley is within one-half (1/2) mile of the national network; therefore, no regulations pertaining to service facilities and/or service facility access are contained in this chapter. (Ord. 681, 2-19-1985)

A. General: The definitions and meanings of words which are defined in the 1982 federal surface transportation act and Vehicle Code section 35401.5, are used in this chapter as defined herein, unless from the context hereof, it clearly appears that a different meaning is intended. The word "may" indicates an action which is permissive. The word "shall" indicates an action which is mandatory.

B. Specific Definitions:

ACCESS ROUTE: The same as Route, defined herein.

ALTERNATE ROUTE: An alternate terminal facility access route proposed by the applicant as required by subsection 7-8-4A of this chapter.

APPLICANT: A person, firm, corporation, partnership or association who files an application with the director of public works of the city for designation of a terminal facility as required by section 7-8-4 of this chapter.

APPLICATION: An application for designation of a terminal facility and/or terminal access route filed with the public works director of the city as required in section 7-8-4 of this chapter.

APPROVED: Approved by the city council or by the public works director of the city.

BOARD OF SUPERVISORS: The board of supervisors of Fresno County.

• CITY: The city of Reedley.

• CITY CLERK: The city clerk of the city of Reedley.

• CITY COUNCIL: The city council of the city of Reedley.

• CLERK OF THE BOARD: The clerk of the board of supervisors of the county of Fresno.

• COUNTY: The county of Fresno.

DECISION POINTS: Points located along an access route as designated by the public works director of the city.

DESIGNATED SYSTEM: The same as National Network, as defined herein.

DIRECTOR: The public works director of the city.

HIGHWAY: The same as Public Road as defined herein.

INTERSTATE TRUCKS: Those combinations of vehicles that exceed the dimensions allowed by state law, but are legal for operation on the national network and access routes, to include a combination consisting of truck tractor and semitrailer, or of a truck tractor, semitrailer and trailer as defined in Vehicle Code section 35401.5.

INTERSTATE TRUCK TERMINAL FACILITY: The same as Terminal Facility, as defined herein.

INTERSTATE TRUCK TERMINAL FACILITY ACCESS ROUTE PERMIT: A permit issued by the director subject to approval of an application, as required in section 7-8-4 of this chapter.

INTERSTATE TRUCK TERMINAL FACILITY PERMIT: A permit issued by the director subject to approval of an application, as required in section 7-8-4 of this chapter.

LARGER COMBINATION COMMERCIAL MOTOR VEHICLES: The same as Interstate Trucks, as defined herein.

NATIONAL NETWORK: A national system of interstate and defense highways and portions of the federal aid primary system highways designated by the United States secretary of transportation for use by larger combination commercial motor vehicles. Included in the national network located in Fresno County are the following designated routes:

• 1. U.S. Interstate through Fresno County;
• 2. California state highway route 99 through Fresno County; and
• 3. California state highway route 198, east of U.S. Interstate 5 to Route 99.

PERMIT: The same as Interstate Truck Terminal Facility Permit and Interstate Truck Terminal Facility Access Route Permit, as defined herein.

PUBLIC ROAD: Any state highway, county or city street, avenue, highway or road which is within the maintained road system of the public agency having jurisdiction thereof, or to be included within the maintained road system by agreement between said agencies and the applicant.

REASONABLE ACCESS: Access along designated routes from the national network to locations providing fuel, food, lodging and repair (services); and access from the national network to a terminal facility.

REVOCATION: An act by the director to revoke a designated terminal facility and/or terminal facility access route permit.

ROUTE: The same as Public Road as defined herein.

SECONDARY ROUTE: A secondary terminal facility access route designated by the director in accordance with section 7-8-4 of this chapter.

SERVICE FACILITY: Facilities which provide fuel, food, lodging and repair, as designated by the California state department of transportation (Caltrans).

SERVICE FACILITY ROUTE: Any highway which provides reasonable access to service facilities when that access is consistent with the safe operation of interstate trucks and when the facility is within one-half (1/2) road mile of identified points of ingress and egress to or from the national network.

TERMINAL FACILITY: A facility at which freight is consolidated to be shipped and where full load consignments may be off loaded, or at which interstate trucks are regularly maintained, stored or manufactured.

TERMINAL FACILITY ACCESS ROUTE: A route which the California state department of transportation and/or affected local jurisdictions have jointly identified and signed as being connections between terminal facilities and the national network, as defined herein.

TERMINAL FACILITY ACCESS ROUTE PERMIT: The same as Interstate Truck Terminal Facility Access Route Permit, as defined herein.

TERMINAL FACILITY PERMIT: The same as Interstate Truck Terminal Facility Permit, as defined herein.

VEHICLE CODE: The Vehicle Code of the state of California.

C. Common Usage Of Words And Phrases: Wherever a word or phrase used in this chapter is not defined in the Vehicle Code, as amended, and unless it appears otherwise from the context in which such word or phrase is used, it shall be construed to have the meaning of such word or phrase used in the applicable chapters of the Reedley city code. (Ord. 681, 2-19-1985)

A. Prohibition of Interstate Trucks: No person shall use, or cause to be used, any interstate truck or larger combination commercial motor vehicle on any route within the city which has not been designated as a terminal facility access route in accordance with the provisions of this chapter.

B. Remedies Not Barred: Nothing herein contained shall bar any legal, equitable or summary remedy to which the city or other political subdivision, or any person may otherwise be entitled. The city or other political subdivision or person may file suit in a court of competent jurisdiction, to restrain or enjoin any attempted or proposed use of any route for access to a terminal facility in violation of the Vehicle Code or this chapter.

C. Permit Refusal: The director shall refuse to grant an interstate truck terminal facility permit or access to any route proposed to be used for access to a terminal facility, until such time as all of the requirements of this chapter have been complied with.

D. Violation; Penalties: Use of any route or facility made contrary to the provisions of this chapter, is a misdemeanor, and any person, upon conviction thereof, shall be punishable as provided in the general penalty in section 1-4-1 of this code. (Ord. 681, 2-19-1985)

A. Filing:

1. Any applicant desiring to apply for a permit for a terminal facility within the city and/or use a route for terminal facility access which passes through the city to an existing or proposed terminal facility, shall first submit to the director, three (3) copies of an application.

2. The application for a terminal facility and/or terminal facility access route shall be filed, in writing, on a form prescribed by the director.

3. The application shall be accompanied by plans which shall indicate the proposed or existing facility, as well as existing, proposed and/or secondary terminal facility access routes. Said plans shall indicate an alternate terminal facility access route(s), if necessary, for further consideration of the application by the director.

B. Form of Plans: The form and contents of plans for terminal facilities and terminal facility access routes shall be as specified by the director. (Ord. 681, 2-19-1985)

A. Filing Charges: Filing charges to offset the cost of processing shall be as established by resolution of the city council and shall be paid at the time of filing an application for a terminal facility and/or terminal facility access route.

B. Checking Charges:

1. The applicant shall pay a charge to pay costs incurred by the city to review an application and accompanying plans for a terminal facility access route within the city based upon the number of decision points located along said access route, as designated by the director. The amount of said checking charge shall be as established by resolution of the city council.

2. No adjustment in, or refund of such charges shall be made once checking charges have been paid to the city by the applicant, except when an application is withdrawn, the unexpended portion of the required fee may be refunded upon written request made by the applicant to the director.

C. Charges Required, Installation Of Signs:

1. The applicant shall pay a charge to recover costs incurred by the city to purchase and place terminal facility and terminal facility access route signs in accordance with section 7-8-10 of this chapter. Such charges shall be based upon the number of proposed terminal facilities and the number of decision points located along a terminal facility access route as designated by the director. The amount of said charges shall be as established by resolution of the city council.

2. No adjustment in, or refund of such charges shall be made once sign charges have been paid to the city by the applicant, except when an application is withdrawn, the unexpended portion of the required charge may be refunded upon written request made by the applicant to the director.

3. Charges, as established by resolution of the city council shall also be paid by the person who has been issued a permit for a terminal facility and/or terminal facility access route(s) to recover costs incurred by the city necessary to replace and/or repair signs as required by provisions of section 7-8-10 of this chapter.

D. Inspection Charges:

1. The applicant shall pay a charge to recover costs incurred by the city for inspecting all proposed on and off site improvements required by the director. Such charge shall be as established by resolution of the city council.

2. No adjustment in, or refund of such charges shall be made once inspection charges have been paid to the city by the applicant, except when an application is withdrawn and improvements have not commenced, the required charge may be refunded upon written request made by the applicant to the director.

3. Charges, as established by resolution of the city council shall also be paid by the person who has been issued a permit for a terminal facility and/or terminal facility access route(s) to recover costs incurred by the city to inspect repair of damaged public and/or private property.

E. Security Required; Off Site Street Improvements: Before a permit shall be issued for any terminal facility, the applicant shall provide a bond to guarantee performance of required street improvements, said bond to be approved by the director and the city attorney and to include:

1. Improvement security in the amount of one hundred percent (100%) of the total estimated cost of all required off site street improvements as required by the director and as indicated in the application and accompanying plans, for the purpose of securing the performance of said work.

2. Improvement security in the amount of fifty percent (50%) of the estimated cost of all required work to secure payment to the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for such improvements.

3. In the event improvements are not completed within a reasonable period of time as established by the director, the city shall be authorized to take all necessary actions, including the use of security, to cause the completion of all required improvements. In the event the security is insufficient to pay the full cost of the improvement, the principal shall be liable for any balance.

4. As a part of the obligation guaranteed by the security and in addition to the face amount of security, there shall be included costs and reasonable expenses and charges, including reasonable attorney fees, incurred by the city in successfully enforcing the obligation secured.

5. Monies deposited with the city or in escrow may be partially released to the depositor by the director during the progress of the improvement so long as the same ratio of security is maintained on deposit to secure all uncompleted work.

6. It shall be the duty of the director to inspect, or cause to be inspected, all improvements installed to ensure conformance with this chapter and city standards. No security given for faithful performance of such work shall be exonerated until and unless the director certifies compliance thereto.

F. Form of Security: Whenever this chapter authorizes or requires the furnishing of security in connection with the performance of any act or agreement, such security shall be one of the following, at the option of and subject to the approval of the director and the city attorney:

1. Bond(s) by one or more duly authorized corporate sureties.

2. A deposit, either with the city or a reasonable escrow agent or trust company, at the option of the director, of money or negotiable bonds of the kind approved for securing deposits executed by a security company authorized to transact business in the state.

3. An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment for carrying out said act or agreement.

G. Security Release:

1. Security given for faithful performance of street improvements for the designation of a terminal facility or terminal facility access route(s), shall be released upon the final completion of such street improvements.

2. Such release shall not apply to costs and reasonable expenses and charges, including reasonable attorney fees. (Ord. 681, 2-19-1985)

A. Director Review Process; General:

1. Upon receipt of a completed application for designation of a terminal facility and/or terminal facility access route within the city and the required application charge, the director shall consult with, and forward a copy of the terminal facility access route plan(s) to Caltrans, district 06 office. The director shall seek approval, in writing, of the proposed access off the national network before further evaluation of the application is undertaken by the director. Information forwarded to Caltrans shall include a plan describing the proposed terminal facility access route and alternate route, the proposed terminal facility, and the location of the anticipated connection to the national network.

2. Upon the written approval of access off the national network from Caltrans, district 06 office, the director shall determine the application's conformance with the requirements of this chapter, and if found adequate, shall determine the capability of the proposed access routes and/or secondary routes within the city as established through the review of plans submitted in conformance with subsections 7-8-4A and B of this chapter.

3. Further, it shall be the duty of the director to evaluate the application and issue a permit when it appears that the operation or movement of interstate trucks along a proposed or secondary access route can be accomplished with safety and without serious inconvenience to the public and without undue damage to road foundations, surfaces or structures.

B. Examination And Field Check: Pursuant to the provisions of the Vehicle Code and this chapter, the director shall make such detailed examination of applications for terminal facilities and/or terminal access routes, and such field check, if any, as may be necessary to make the required designations.

C. Director Evaluation; Report:

1. The director shall determine the application's conformance with the intent of this chapter based upon the following review criteria for establishment of a terminal facility:

a. Full load consignments can be loaded or off loaded;

b. Freight can be consolidated for consignment; and

c. The proposed terminal facility will be a maintenance, storage or manufacturing facility for interstate trucks;

d. The use for the property on which the terminal facility is proposed to be located conforms to the provisions of title 10 of this code for a truck terminal facility.

2. The director shall also review the application and maps against any such other information deemed necessary to determine the conditions upon which the terminal facility permit and/or terminal facility access permit may be issued, to include, but not limited to, the following:

a. The capability of proposed access route and secondary routes, to include adequate turning radii and lane width of ramps, intersections, channelization and highways; and

b. The general traffic conditions such as sight distance, speed and traffic volumes for safe operations.

3. If the director finds that the proposed terminal facility is in compliance with subsection C1 and C2 of this section, the director shall:

a. List recommended conditions for approval of the application;

b. Upon the applicant's compliance with such conditions, issue to the applicant a terminal facility and/or terminal facility access permit in accordance with section 7-8-9 of this chapter. (Ord. 681, 2-19-1985)

If the proposed terminal facility, access route and/or secondary route, passes through more than one jurisdiction, i.e., county(ies) or municipality(ies), it shall be the responsibility of the applicant to file application with each affected jurisdiction. (Ord. 681, 2-19-1985)

A. Director's Decision: When the director finds that the application is substantially in the form required by this chapter, and in full conformity with the conditions imposed by the director in connection with approval of the application and issuance of a permit, as prescribed by sections 7-8-6 through 7-8-10 of this chapter, and that, where required, an agreement and security (bond) respecting necessary improvements has been approved and filed in accordance with section 7-8-5 of this chapter, the decision of the director to approve, approve with conditions or disapprove the application and to issue or not to issue or revoke a permit, shall be made, and the applicant or permit holder so notified.

B. Appeal Of Director's Decision:

1. If the director approves or denies an application for designation of a terminal facility and/or terminal facility access route(s), or revokes a previously approved terminal facility and/or terminal facility access route permit in accordance with revocation procedures established in section 7-8-11 of this chapter, the applicant or appellant, within thirty (30) days following the date of a decision to approve or disapprove the application or revoke terminal facility designation or terminal facility access, may file an appeal of said decision to the city council.

2. An appeal shall be made on a form prescribed by the director and shall be filed with the city clerk.

3. The appeal shall state specifically wherein there was disagreement with the decision of the director or wherein the decision is not supported by the evidence in the record.

4. Within a reasonable period of time of the filing of an appeal, the director shall transmit to the city clerk the following information:

a. The terminal facility and/or terminal facility access route(s) application;

b. Sketches of the proposed or revoked terminal facility and/or terminal facility access route(s) and all other data filed therewith; and

c. The report of the director, the findings thereof and the decision on the application.

5. The city clerk shall give notice to the applicant, to the appellant (if the appellant is not the applicant) and may give notice to any other interested party, of the date, time and place of the hearing at which the city council will consider the appeal.

6. If Caltrans, district 06 office, and not the director, denies, approves or revokes terminal access to or from the national network, no appeal may be made to the city council. Said appeal must be made to Caltrans.

7. The decision of the city council shall be final. (Ord. 681, 2-19-1985)

A. Permits; General: Terminal facility and/or terminal facility access route permits shall be required for all locations within incorporated portions of the city, which are so authorized to receive interstate trucks in conformance with this chapter.

B. Director Approval:

1. If the application for the designation of a terminal facility and/or terminal facility access route(s), and all accompanying plans, are in correct form prescribed by this chapter, and the matters shown thereon are sufficient, their correctness shall be certified in writing to the applicant, and on such accompanying plans.

2. The director shall post, or cause to be posted, notice of a proposed terminal facility access route at every decision point and shall also publish a notice at least once in a newspaper of general circulation at least thirty (30) days prior to the issuance of a permit for a terminal facility access route necessary to provide an opportunity for an appellant to appeal the decision of the director to approve an application for a terminal facility and/or terminal access route in accordance with subsection 7-8-8B of this chapter.

3. The director shall not issue a permit until such time as terminal facility and/or terminal facility access signs have been posted in accordance with subsection 7-8-10A of this chapter.

4. If, after the required period of time specified in this subsection, an appeal, as provided for in subsection 7-8-8B of this chapter, has not been filed with the city clerk, the director shall cause a permit to be issued.

5. The director shall thereupon notify Caltrans, district 06 office of such approval.

C. Permit Denial:

1. Whenever necessary to ensure against undue damage to road foundations, surfaces or structures or to assure against damage to public or private property thereon, above or adjacent to any city highway, or whenever it appears that such operation or movement cannot be accomplished with safety or without serious inconvenience to the public or without violating the provisions of this chapter and the Vehicle Code, the director shall withhold the issuance of a permit, and within a period of time specified, shall in writing notify the applicant and Caltrans, district 06 office, of the decision and the reasons therefor.

2. The applicant may file a new application with the director, altered to conform to all the requirements of this chapter, along with a new fee as prescribed by section 7-8-5 of this chapter. (Ord. 681, 2-19-1985)

A. If an application for a terminal facility and/or terminal facility access route(s) is approved, the director shall place, or cause to be placed, appropriate signs at the terminal facility and at every decision point on the approved access route and/or secondary route within the city, prior to issuance of a terminal facility and/or terminal facility access permit in accordance with subsection 7-8-9B3 of this chapter.

B. When official signs are in place pursuant to the provisions of this section, and a permit has been issued by the director, it shall be unlawful for any person to operate an interstate truck on said signed access route in violation of the restrictions set forth in this chapter.

C. Revocation of a terminal facility and/or terminal facility access route permit shall result in the immediate withdrawal of signs placed or proposed to be placed at a terminal facility or along the terminal access route in accordance with subsection 7-8-11A2 of this chapter.

D. The applicant, in accordance with subsection 7-8-5C of this chapter shall be required to pay for the purchase, installation, repair and replacement of terminal facility and terminal facility access route signs. (Ord. 681, 2-19-1985)

A. Revocation Of Permit; Director Action:

1. The director is authorized to revoke any permit for a terminal facility and/or terminal facility access route(s) when said facility and/or access route is:

a. Considered a hazard by the director, defined as the inability of interstate trucks to negotiate the route and/or said trucks causing unsafe driving conditions for other vehicular traffic and/or pedestrians.

b. No longer serving as a terminal facility and/or terminal facility access route.

2. Immediately following the revocation of a permit for a terminal facility and/or terminal facility access route, the director shall remove, or cause to be removed, terminal facility and/or terminal facility access signs.

3. Affected political jurisdictions shall be informed of the director's decision to revoke a permit in writing, and shall request that permits issued by said jurisdictions be revoked and that signs be removed along the designated terminal access route.

4. Revocation of a terminal facility and or terminal facility access route permit by the director, shall initiate amendment of this chapter in accordance with section 7-8-13 of this chapter.

B. Appeal Procedure Revocation of Permit: The applicant may appeal the decision of the director to revoke a terminal facility and/or terminal facility access route permit in accordance with procedures contained in subsection 7-8-8B of this chapter. (Ord. 681, 2-19-1985)

The provisions of this chapter shall not apply to licensed carriers of household goods when directly enroute to or from a point of loading or unloading of household goods, if travel on highways other than on the national network is necessary and incidental to the shipment of the household goods. (Ord. 681, 2-19-1985)

Amendment to this chapter may be initiated in one of the following manners:

A. Issuance of a terminal facility and/or terminal facility access permit by the director in accordance with this chapter. The terminal facility and/or terminal facility access route for which a permit was issued, shall constitute an amendment to this chapter. The director shall identify, or cause to be identified, said facilities and/or access routes and said designations shall be placed on file with the city clerk.

B. By ordinance adopted by the city council. (Ord. 681, 2-19-1985; amd. 2007 Code)