San Jose Municipal Code Ch. 11.94 Interstate Trucks

The following words and phrases shall have the meanings set forth below. If any word or phrase used in this chapter is not defined in this section, it shall have the meaning set forth in the California Vehicle Code; or if any such word or phrase is not defined in the Vehicle Code, is 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 California Vehicle Code Section 35401.5.

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

(Ord. 22025.)

The purpose of this chapter is to implement the provisions of California Vehicle Code Section 35401.5 by establishing procedures for terminal designation and truck route designation to such terminals for interstate trucks from the federally designated highway system and to promote the general health, safety and welfare of the public.

(Ord. 22025.)

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 city, together with such information as may be required by the director of streets and traffic, and required fees to the city.

B. Upon receipt of the completed application, the director of streets and traffic 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 his or her approval of that designation, the director 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 the adequacy of turning radii and lane widths of ramps, intersections and highways as well as 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 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 city shall be the responsibility of the entity which controls the terminal's land use. Costs for trailblazer signs shall be as provided in Section 11.94.040B.

(Ords. 22025, 23734.)

A. The applicant shall pay a non-refundable application fee as set forth in the schedule of fees established by resolution of council.

B. Upon the approval of the terminal designation and route by the city and by Caltrans, the applicant shall pay a fee as set forth in the schedule of fees established by resolution of council for the purchase and installation of terminal trailblazer signs.

(Ord. 22025.)

A. If all feasible routes to a requested terminal are found unsatisfactory by the director of streets and traffic, the applicant may request retrofitting to mitigate or eliminate the deficiencies. All costs of engineering, construction and inspection shall be the responsibility of the applicant. Except when such retrofitting is within the jurisdiction of Caltrans, the actual construction will be done by the city or by the applicant through a standard construction agreement with the city pursuant to Chapter 13.36 of this Code, at city's option.

B. 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 shall file with the director of streets and traffic, on a form satisfactory to the director of streets and traffic, a statement detailing the actual costs of the retrofitting.

C. If at any time within five years from the date of completion of the retrofitting paid for by the applicant, should any other applicant seek terminal approval which would use the route upon which such retrofitting was accomplished, any such applicant's fee may include the applicant's proportionate share of the retrofitting, as determined by the director of streets and traffic, which fee shall be disbursed by the city to the applicant who paid for the retrofitting as well as to any other applicant who contributed to the cost of retrofitting under this subsection.

(Ords. 22025, 23734.)

The director of streets and traffic 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 said vehicles causing unsafe operating conditions for other vehicular or pedestrian traffic.

(Ords. 22025, 23734.)

A. If the director of streets and traffic denies terminal designation, route feasibility or revokes a previously approved terminal or route, the applicant/terminal owner may appeal said decision to the San José city council by filing a written notice of appeal within ten days following the date of mailing of the decision of the director of streets and traffic. The appeal shall state specifically wherein there was an error or abuse of discretion by the director of streets and traffic, or wherein its decision is not supported by the evidence in the record. Within ten days of the filing of an appeal, the director of streets and traffic shall transmit to the city clerk the terminal application, the sketches of the denied or revoked route and all other data filed therewith, the report of the director of streets and traffic, the findings of the director of streets and traffic and its decision on the application.

B. The city clerk shall make copies of the data provided by the director of streets and traffic available to the applicant and to the appellant for inspection and may give notice to any other interested party who made a written request for notice of the time when the appeal will be considered by the San José city council.

C. If Caltrans denies or revokes terminal access from federally designated highways, no appeal may be made to the city council, but must be made to Caltrans in accordance with Caltrans regulations.

(Ords. 22025, 23734.)