Yuba County Municipal Code Ch. 9.60 Interstate Truck Routes

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 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:

(1) CalTrans means the State of California Department of Transportation or its successor-agency.

(2) Interstate Truck means a truck tractor and trailer or double conforming to length standards and established by Federal Government and as regulated by Vehicle Code § 35401.5.

(3) Public Works Director means the Director of the Public Works Department within the Community Development and Services Agency of the County of Yuba or his or her authorized representative.

(4) Terminal means any facility other than land in agricultural production 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 and in accordance with Vehicle Code § 35401.5.

(Prior Code, § 9.60.010; Ord. No. 946; Ord. No. 1405)

The purpose of this Chapter 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.

(Prior Code, § 9.60.020; Ord. No. 946)

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

(b) 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 an interstate truck terminal. Upon his approval of that designation and in cooperation with CalTrans to the extent required by the 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, without limitations, a review of adequate turning radius and lane widths of ramps, intersections and highways and general traffic conditions such as sight distance, speed and travel 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 County of Yuba to a terminal located in another jurisdiction, the applicant shall comply with that jurisdiction's application process. Coordination of the approval of the route through the County will be the responsibility of the entity which controls the terminal land use.

(Prior Code, § 9.60.030; Ord. No. 946)

(a) The applicant shall deposit an amount equal to three hours of an engineer's labor at the hourly rate set forth in 13.20.600 towards the expense incurred by the County in the review of the terminal designation and review of the route and alternate route. County time and material, if any will be applied against the deposit and any excess shall be returned to the applicant upon completion of the work on the application. In the event that the deposit is inadequate to cover County expenses, the balance will be billed to the applicant. Said billings shall be paid before further proceedings are taken on the application.

(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 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 County on route to the terminal as determined by the Public Works Director. Upon completion of the installation of the signs, the actual cost shall be computed and any difference between 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.

(Prior Code, § 9.60.040; Ord. No. 946)

(a) If all feasible routes to a requested terminal are found unsatisfactory by the Public Works Director, 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 it.

(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 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 under encroachment permit, the applicant may file with the Public Works Director, a statement detailing the actual cost of the retrofitting.

(Prior Code, § 9.60.050; Ord. No. 946)

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

(Prior Code, § 9.60.060; Ord. No. 946)

(a) If the Public Works Director grants or denies terminal designation, route feasibility or revokes or fails to revoke a previously approved terminal or route, the applicant/terminal owner or other interested party within 15 days following the mailing of the decision of the Public Works Director may appeal said decision to the Board of Supervisors in writing. The appeal shall state specifically wherein there was an abuse of discretion by the Public Works Director. Within ten days of the filing of an appeal, the Public Works Director shall transmit to the Clerk of the Board of Supervisors the terminal application, the sketches of the revoked route and all other data filed therewith, the report of the Public Works Director and his decision on the application or revocation.

(b) The Clerk of the Board of Supervisors 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 Board of Supervisors.

(c) If CalTrans and not the Public Works Director denies or revokes terminal access from federally designated highways, no appeals may be made to the Board of Supervisors but must be made to CalTrans as may be permitted by CalTrans.

(Prior Code, § 9.60.070; Ord. No. 946)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter, or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.