Shafter Municipal Code Ch. 10.52 Interstate Trucks

The purpose of this chapter is to establish procedures for terminal designation and truck route designation to terminals for interstate trucks operating on the federally designated highway system and to promote the general health, safety and welfare of the public.

(Prior code § 10-19-2)

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:

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

B. "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.

C. "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.

(Prior code § 10-19-1)

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 public works director, and required fees to the city.

(Prior code § 10-19-3(A))

The applicant shall pay a nonrefundable 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 routes.

(Prior code § 10-19-4(A))

Upon receipt of the application, the public works director 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 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 radii and lane widths of ramps, intersections and highways and 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.

(Prior code § 10-19-3(B))

Should the requested route pass through the city to a terminal located in another jurisdiction, the applicant shall comply with the 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 10.52.070.

(Prior code § 10-19-3(C))

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 public works director to pay for the purchase and installation of terminal trailblazer signs. Trailblazer signs shall 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 10.52.080(C).

(Prior code § 10-19-4(B))

A. If all feasible routes to a requested terminal are found unsatisfactory by the public works director, 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 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 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 public works director, on a form satisfactory to the public works director, 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 by or paid for 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 the applicant's proportionate share of the retrofitting, as determined by the public works director, which fee shall be disbursed by the city to the applicant who paid for the retrofitting under this section. Nothing herein shall require the payment of a proportionate fee if the applicant doing the work failed to file the report with the public works department required by subsection B of this section.

(Prior code § 10-19-5)

The public works director may revoke any approved terminal or route if the terminal or route becomes a traffic hazard for vehicular or pedestrian traffic. A safety hazard includes the inability of interstate trucks to negotiate the route or said vehicles causing unsafe operating conditions for other vehicular or pedestrian traffic.

(Prior code § 10-19-6)

A. If the public works 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 public works director, may appeal the decision to the city council in writing. An appeal shall be made on a form prescribed by the public works director and shall be filed with the city clerk. The appeal shall state specifically wherein there was an error or abuse of discretion by the public works director or wherein his decision is not supported by the evidence in the record. Within five days of the filing of an appeal, the public works director 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 public works director, the findings of the public works director and his decision on the application.

B. The city clerk shall make copies of the data provided by the public works 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 city council.

C. If Caltrans and not the public works director 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.

(Prior code § 10-19-7)