Chapter 9 — INTERSTATE TRUCKS

For the purposes of this Chapter, unless otherwise apparent from the context, certain words and phrases used in this Chapter are defined as set forth in this section. If any word or phrase used in this Chapter is not defined in this section, such word or phrase shall have the meaning set forth in the Vehicle Code of the State; provided, however, if any such word or phrase is not defined in said Vehicle Code, such word or phrase shall have the meaning attributed to it in ordinary usage.

(a)

"Terminal" shall mean 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" shall mean a truck tractor and trailer or doubles with unlimited length as regulated by the Vehicle Code of the State.

(c)

"Caltrans" shall mean the State Department of Transportation or its successor agency.

(§ I, Ord. 84-35, eff. December 9, 1984)

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

(§ I, Ord. 84-35, eff. December 9, 1984)

(a)

Any interested person requiring terminal access from a Federally designated highway system shall submit an application, on a form as provided by the County, together with such information as may be required by the Director of Public Works, and appropriate fees to the County.

(b)

Upon the receipt of the application, the Director of Public Works 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 such designation, he will then determine the capability of the route requested and alternate routes, whether requested or not. The determination of route capability shall include, without limitation, a review of the adequate turning radii and lane widths of ramps, intersections,

and highways and general traffic conditions, such as sight distances, speed, and traffic volumes. No access off a Federally designated highway system will be approved without the approval of Caltrans.

(c)

Should the requested route pass through an incorporated city to a terminal location in another jurisdiction, the applicant shall comply with such jurisdiction's application process. Coordination of the approval of the route through the County shall be the responsibility of the entity which controls the terminal's land use.

(§ I, Ord. 84-35, eff. December 9, 1984)

(a)

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

(b)

Upon the approval of the terminal designation and route by the County and by Caltrans, the applicant shall deposit with the County 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 on the route to the terminal. Upon the 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.

(§ 1, Ord. 84-35, eff. December 9, 1984)

(a)

If all feasible routes to a requested terminal are found unsatisfactory by the Director of Public Works, the applicant may request retrofitting the deficiencies. All costs of engineering, construction, and inspection will be the responsibility of the applicant. Except when the retrofitting of deficiencies is within the jurisdiction of Caltrans, the actual construction will be done by the County or by a contractor acceptable to the County.

(b)

When the work is to be done by the County, the applicant shall deposit with the County the estimated cost of retrofitting. Adjustments between the estimated and actual costs shall be made after the 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 Director of Public Works, on a form satisfactory to the Director of Public Works, a statement detailing the actual costs of the retrofitting.

(c)

If at any time within five (5) years after the date of the 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 the applicant's proportionate share of the retrofitting, as determined by the Director of Public Works, which fee shall be disbursed by the County to the applicant who paid for the retrofitting as well as to any applicant who contributed to the cost of retrofitting under this section. Nothing set forth in this section shall require the payment of a proportionate fee if the applicant doing the work failed to file the report with the Director of Public Works required by subsection (b) of this section.

(§ I, Ord. 84-35, eff. December 9, 1984)

The Director of Public Works may revoke any approved terminal or route if the terminal or route becomes a traffic hazard for vehicular traffic. A safety hazard shall include the inability of interstate trucks to negotiate the route or such vehicles causing unsafe driving conditions for other vehicular traffic or pedestrians.

(§ I, Ord. 84-35, eff. December 9, 1984)

(a)

If the Director of Public Works denies a terminal designation or route feasibility or revokes a previously approved terminal or route, the applicant/terminal owner, within ten (10) days following the date of the receipt of the decision of the Director of Public Works, may appeal such decision to the Board in writing. An appeal shall be made on a form prescribed by the Department of Public Works and shall be filed with the County Clerk. The appeal shall state specifically wherein there was an error or abuse of discretion by the Director of Public Works or wherein his decision is not supported by evidence in the record. Within five (5) days after the filing of an appeal, the Director of Public Works shall transmit to the County Clerk the terminal application, the sketches of the revoked route and all other data filed therewith, the report of the Director of Public Works, the findings of the Director of Public Works, and his decision on the application.

(b)

The County Clerk shall make copies of the data provided by the Director of Public Works 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.

(c)

If Caltrans, and not the Director of Public Works, denies or revokes terminal access from a Federally designated highway, no appeal may be made to the Board but shall be made to Caltrans as may be permitted by Caltrans.

(§ I, Ord. 84-35, eff. December 9, 1984)