Walnut Creek Municipal Code Art. 21 Interstate Trucks

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 meaning 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.

Terminal

means any facility at which freight is consolidated to be shipped or where full load consignments may be loaded and offloaded or at which the vehicles are regularly maintained, stored or manufactured.

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.

Transportation Engineer

means the Transportation Engineer of the City of Walnut Creek or his authorized representative.

d.

Caltrans

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

(§ 1, Ord. 1637, eff. November 7, 1985)

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.

(§ 1, Ord. 1637, eff. November 7, 1985)

a. Any interested person or corporation requiring terminal access for interstate trucks from the federally designated highway system shall submit an application, on a form as provided by the City, together with such information as may be required by the Transportation Engineer and appropriate fees to the City of Walnut Creek.

b. Upon receipt of the application, the Transportation Engineer will cause an investigation to be made to ascertain whether or not the proposed terminal facility and available routes meet 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 highways and general traffic conditions such as sight distance, 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 the City of Walnut Creek to a terminal located in another jurisdiction, the applicant shall comply with that jurisdiction's application process, in addition to complying with the approval application process of the City of Walnut Creek set forth herein. Coordination of the approval of the route through the City will be the responsibility of the entity which controls the terminal's land use. Costs for trailblazer signs shall be as provided in Section 3-5.2104.

(§ 1, Ord. 1637, eff. November 7, 1985)

a. The applicant shall pay a non-refundable 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 route.

b. Upon the approval of the terminal designation and route by the City and by Caltrans the applicant shall deposit with the City of Walnut Creek sufficient funds as estimated by the Transportation Engineer to pay for the purchase and installation of terminal trailblazer signs. Trailblazer signs will 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.

(§ 1, Ord. 1637, eff. November 7, 1985)

a. If all feasible routes to a requested terminal are found unsatisfactory by the Transportation Engineer, the applicant may request retrofitting the deficiencies. All engineering, construction and right-of-way acquisition will be the responsibility of the applicant. The design and construction of all retrofitting must be reviewed, inspected and approved by the City. All costs incurred by the City for review, inspection and approval are the responsibility of the applicant, regardless of whether the City finds a feasible route and method by which a street can be retrofitted.

b. In the event the Transportation Engineer determines that traffic conditions or traffic volumes at specific times of the day are such that an available route meets the capability requirements at some but not all hours of the day, the Transportation Engineer is expressly authorized to limit the designation of the route for access to interstate trucks to such hours as the route meets the capability requirements.

(§ 1, Ord. 1637, eff. November 7, 1985)

Upon written notice to the applicant, the Transportation Engineer 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.

(§ 1, Ord. 1637, eff. November 7, 1985)

a. If the Transportation Engineer denies the requested terminal designation or route, or revokes a previously approved terminal or route, the applicant/terminal owner, within ten (10) days following the date of receipt of the decision of the Transportation Engineer, may appeal said decision to the Transportation Commission in writing. An appeal shall be filed with the City Clerk. The appeal shall state specifically wherein there was an error or abuse of discretion by the Transportation Engineer or wherein its decision is not supported by the evidence in the record. The Transportation Engineer 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 Transportation Engineer, the findings of the Transportation Engineer, and his decision on the application.

b. The City Clerk shall make copies of the data provided by the Transportation Engineer 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 Transportation Commission.

c. If Caltrans and not the Transportation Engineer 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.

d. If the Transportation Commission denies the appeal, the applicant/terminal owner, within ten (10) days following the date of receipt of the decision of the Transportation Commission, may appeal the Commission's decision to the City Council. The appeal process shall be the same as that for appeals to the Transportation Commission under subsections (a) and (b) of this section. The decision of the City Council shall be final.

(§ 1, Ord. 1637, eff. November 7, 1985)