Yuba City Municipal Code Art. 22 Interstate Truck Terminals and Access Routes

The purpose of this article is to establish a process for the designation and signing of truck terminal access routes as provided by State law, and to promote the general health, safety and welfare of the public. This article is adopted pursuant to Vehicle Code § 35401.5(d) and the City's general police power. The City Council finds that this article is necessary in consideration of public safety on, and preservation of, highways under the City's jurisdiction.

(§ 1, Ord. 003-12, eff. October 18, 2012)

The following definitions apply to this article, 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 or, if not defined in the Vehicle Code, the meaning attributed to it in ordinary usage.

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

"Federally designated highway system" shall mean those highways within the National System of Interstate and Defense Highways and those portions of federal-aid primary highways and federal-aid urban system highways that have been qualified by the United States Secretary of Transportation for such uses.

"Interstate truck" shall mean a truck tractor and semitrailer combination, or truck tractor, semitrailer and trailer combination with a length as regulated and allowed by the Federal Surface Transportation Assistance Act of 1982, Public Law 97-424, 96 Stat. 2097, 49 U.S.C. § 2311 et seq., and as addressed by Vehicle Code § 35401.5.

"Public Works Director" shall mean the Director of Public Works of the City of Yuba City or his or her authorized representative.

"Terminal" shall mean any facility at which freight is consolidated to be shipped or where full load consignments may be offloaded or at which freeway trucks are regularly maintained, stored or manufactured.

(§ 1, Ord. 003-12, eff. October 18, 2012)

Any interested person requiring access for an Interstate truck or trucks from the federally designated highway system along highways under the City's jurisdiction to a terminal or terminals shall submit the following to the Public Works Director: an application, on a form as provided by the City, the requisite fee, and such further information as may be required by the Public Works Director.

(§ 1, Ord. 003-12, eff. October 18, 2012)

Upon receipt of the application, the Public Works Director will cause an investigation to be made to ascertain whether or not the proposed terminal facility meets the requirements for a terminal, as defined. Upon his or her approval of the terminal facility, and in cooperation with the Department of Transportation (Caltrans), to the extent required by the California Vehicle Code, the Public Works Director will then determine the capability of the route requested and alternate routes, whether requested or not. Determination of route capability will include a review of adequate turning radius and lane widths of ramps, intersections, streets and highways, general traffic conditions such as sight distance, speed and traffic volumes, and other considerations as deemed relevant by the Public Works Director. No access of a federally designated highway system will be approved without the approval of Caltrans. Based on these considerations, the Public Works Director will then decide either to make a recommendation to the City Council to approve the terminal access route by resolution or the Public Works Director shall disapprove the terminal access route.

(§ 1, Ord. 003-12, eff. October 18, 2012)

(a) At the time of submitting the application, the applicant shall pay a nonrefundable application fee, as established by resolution which may be amended from time to time, sufficient to pay the cost of the review of the terminal designation and the review of the route and alternate route, and related administrative costs.

(b) Upon the approval of the terminal designation and route by the City Council, 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 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.

(c) Notwithstanding subsections (a) and (b) of this section, a fee will not be charged if the applicant is a terminal operator.

(§ 1, Ord. 003-12, eff. October 18, 2013)

(a) If all feasible routes to a requested terminal are found unsatisfactory by the Public Works Director, the applicant may request retrofitting of 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 City or by a contractor acceptable to the City.

(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 costs 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, whichever the case maybe.

(c) If at any time within five years from the date of completion of the retrofitting by the applicant, should any other applicant seek terminal access route 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 Public Works Director, 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.

(§ 1, Ord. 003-12, eff. October 18, 2013)

The Public Works Director may revoke any approved terminal or terminal access route if the terminal or route becomes an unreasonable traffic hazard for vehicular or pedestrian traffic. A traffic hazard includes the inability of Interstate trucks to negotiate the route or such vehicles causing unsafe driving conditions for other vehicular traffic or pedestrians.

(§ 1, Ord. 003-12, eff. October 18, 2013)

If the Public Works Director denies terminal designation or route feasibility or revokes a previously approved terminal or route, the applicant or terminal owner, within 15 days following the date of receipt of the decision of the Public Works Director, may appeal the decision to the City Council in writing. The appeal shall state specifically whether there was an error or abuse of discretion by the Public Works Director or whether his or her decision is not supported by the evidence in the record. Within five days of receiving notification that the appeal has been filed, the Public Works Director shall transmit to the City Clerk the terminal application, the sketches of the revoked route and all other data filed there with, the written decision, and all other relevant documentation. The City Council will then reconsider the Public Works Director's decision and either affirm or reverse it. The City Council's decision shall be final.

(§ 1, Ord. 003-12, eff. October 18, 2013)

The City Council designates the following roadway segments as terminal access routes in accordance with Vehicle Code § 35401.5(d).

(a) Bogue Road, within the City limits between Highway 99 and Garden Highway.

(b) Lincoln Road, within the City Limits between Highway 99 and Garden Highway.

(c) Garden Highway, between Lincoln Road to Bogue Road.

(d) Burns Drive, between Hassett Avenue and Putman Avenue.

(e) Epley Drive, between Garden Highway and Putman Avenue.

(f) Hassett Avenue, between Epley Drive and Burns Drive.

(g) Putman Avenue, between Epley Drive and Burns Drive.

(h) Tharp Road, between Butte House Road and Highway 20.

(i) Butte House Road, between Harter Parkway and Tharp Road.

(j) Harter Parkway, between Butte House Road and Highway 20.

(k) George Washington Boulevard, between Highway 20 and the south intersection of Industrial Drive.

(l) Industrial Drive, in its entirety from the north intersection with George Washington Boulevard to the south intersection with George Washington Boulevard;.

(m) Walton Avenue, between Highway 20 and Sunsweet Boulevard.

(n) Sunsweet Boulevard, between Walton Avenue and Highway 99.

(o) Civic Center Boulevard, from Highway 20 to the southerly terminus.

Notwithstanding the application process set forth in this chapter, interstate trucks may use these access routes without the need to apply for designation of the route. The Public Works Director is directed to ensure that appropriate signage is installed along these routes.

(§ 1, Ord. 003-12, eff. October 18, 2013)

No person shall drive an interstate truck upon any street not designated as a terminal access route pursuant to this article.

(§ 1, Ord. 003-12, eff. October 18, 2013)

In accordance with the provisions of this article relating to terminal access routes, no person shall at any time cause interstate trucks or semitrailers to be parked upon any street not so designated as a terminal access route in accordance with this article. Notwithstanding the provisions of this article, the parking of interstate trucks and semitrailers shall be prohibited on the following terminal access route streets or portions thereof:

(a) Bogue Road, within the City limits between Highway 99 and Garden Highway.

(b) Lincoln Road, within the City limits between Highway 99 and Garden Highway.

(c) Garden Highway, between Lincoln Road to Bogue Road.

(d) Burns Drive, between Hassett Avenue and Putman Avenue.

(e) Epley Drive, between Garden Highway and Putman Avenue.

(f) Hassett Avenue, between Epley Drive and Burns Drive.

(g) Putman Avenue, between Epley Drive and Burns Drive.

(h) Tharp Road, between Butte House Road and Highway 20.

(i) Butte House Road, between Harter Parkway and Tharp Road.

(j) Harter Parkway, between Butte House Road and Highway 20.

(k) Walton Avenue, between Highway 20 and Sunsweet Boulevard.

(l) Sunsweet Boulevard, between Walton Avenue and Highway 99.

(m) Civic Center Boulevard, from Highway 20 to the southerly terminus.

Signs shall be installed prohibiting the parking of interstate trucks and semitrailers on such streets. The posting or marking of non-terminal access route streets shall not be required to prohibit the parking of interstate trucks and semitrailers on such streets. The City Council may by resolution designate additional terminal access route streets or portion of any terminal access route streets, areas where the parking of interstate trucks and or semitrailers shall be prohibited and direct that appropriate signage is installed on such streets.

(§ 1, Ord. 003-12, eff. October 18, 2013)