Santa Barbara County Municipal Code § 23-36 Appeal process

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) "Board" means the board of Supervisors of the County of Santa Barbara.

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

(c) "Clerk of the board" means the clerk of the board of supervisors of the County of Santa Barbara.

(d) "County" means the County of Santa Barbara, State of California.

(e) "Director" means the director of public works of the County of Santa Barbara or his authorized agent.

(f) "Interstate truck" means a truck tractor and trailer or doubles with unlimited length as regulated by the Vehicle Code.

(g) "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.

(Ord. No. 3494, § 1)

The purpose of this article 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. 3494, § 1)

(a) Any interested person requiring terminal access from the federally designated highway system shall submit an application, on a form as provided by the county. Other information as may be required by the director must be submitted along with the application. Appropriate fees shall also be submitted along with the application.

(b) Upon receipt of the application, the director 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 of route capability will include, without limitation, a review of adequate turning radius and lane widths of ramps, intersections and general traffic conditions such as sight distance, speed and traffic volumes. No access off a federally designated highway system will be approved by the county without the approval of Caltrans first.

(c) Should the requested route pass through the County of Santa Barbara 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 of Santa Barbara will be the responsibility of the entity which controls the terminal's land use.

(Ord. No. 3494, § 1)

(a) The applicant shall pay a nonrefundable application fee, as established by the County of Santa Barbara by resolution, sufficient to pay the cost of the review of the terminal designation and the review of the route and alternate routes.

(b) Upon the approval of the terminal designation and route by the County of Santa Barbara and by Caltrans the applicant shall deposit with the County of Santa Barbara sufficient funds as estimated by the director of public works to pay for the purchase and installation of terminal trailblazer signs. Trailblazer signs will be required at every decision point in the county 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.

(Ord. No. 3494, § 1)

(a) If all feasible routes to a requested terminal are found unsatisfactory by the director, the applicant may apply for a road excavation permit to construct improvements necessary to correct deficiencies identified by the director. All costs of engineering, construction and inspection will be the responsibility of the applicant. Except when retrofitting of deficiencies is within the jurisdiction of Caltrans, the actual construction will be done under the requirements of the county road excavation permit. The applicant may file with the director, on a form satisfactory to the director, a statement detailing the actual costs of the retrofitting. Such statement must be filed within six months of the date of completion of the retrofitting.

(b) When the work is to be done by the county, the applicant shall deposit with the County of Santa Barbara, the estimated cost of retrofitting. Adjustments between 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 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 director, which fee shall be disbursed by the County of Santa Barbara 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 director required by subsection (a) of this section.

(Ord. No. 3494, § 1)

The director 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. 3494, § 1)

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

(b) The clerk of the board shall make copies of the data provided by the director 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 board of supervisors.

(c) If Caltrans and not the director denies or revokes terminal access from federally designated highways, no appeal may be made to the board of supervisors, but must be made to Caltrans as may be permitted by Caltrans.

(Ord. No. 3494, § 1)

If any section, subsection, sentence, clause or phrase of the ordinance codified in this article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

(Ord. No. 3494, § 1)