HomeMy WebLinkAboutCC ORD 1987-1926 AMENDING TITLE 11 ADDING CHAPTER 11.60 RELATING TO INTERSTATE TRUCKSORDINANCE NO. / % 4'
AN ORDINANCE AMENDING TITLE 11 OF THE NATIONAL CITY MUNICIPAL
CODE BY ADDING CHAPTER 11.60 RELATING TO INTERSTATE TRUCKS
BE IT ORDAINED, by the City Council of the City of National City
that Title 11 of the National City Municipal Code is amended by adding
Chapter 11.60, relating to interstate trucks, to read as follows:
CHAPTER 11.60
INTERSTATE TRUCKS
Sections:
11.60.010 Definitions - Generally
11.60.020 Terminal
11.60.030 Interstate Truck
11.60.040 Interstate Truck Service Area
11.60.050 CALTRANS
11.60.060 Trailblazer Signs
11.60.070 Decision Point
11.60.080 Purpose - Interstate Trucking Regulated
11.60.090 Application
11.60.100 Fees and Costs
11.60.110 Retrofitting
11.60.120 Revocation of Route
11.60.130 Appeal Process
11.60.010 Definitions - Generally
For the purpose of carrying out the provisions of this chapter,
the words, phrases and terms included herein shall be deemed to
have the following meanings.
11.60.20 'Ihrminal
"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 interstate trucks are
regularly maintained, stored or manufactured.
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11.60.030 Interstate Truck
"Interstate Truck" shall mean a truck tractor and semi -trailer or
trailer or truck tractor, semi -trailer with unlimited length as
regulated by the California Vehicle Code.
11.60.040 Interstate Truck Service Area
"Interstate truck service area" shall mean an area within one half
(1/2) of a lane mile of an interstate highway which provides
lodging, food, fuel or servicing to interstate trucks.
11.60.050 CALTRANS
"CALTRANS" shall mean the State of California Department of
Transportation or its successor agency.
11.60.060 Trailblazer Signs
"Trailblazer Signs" shall mean an approved traffic sign used to
identify the City's Terminal Access Routes.
11.60.070 Decision Point
"Decision Point" shall mean any point on the City's Terminal
Access Routes where installation of a trailblazer sign is
necessary to identify the routes.
11.60.080 Purpose - Interstate Trucking Regulated
The purpose of this section 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. It shall be unlawful for any person to operate an
interstate truck upon any street within the City of National City
outside of an interstate truck service area that has not been
designated and marked in accordance with this chapter, unless the
vehicle is exempt from the restrictions on interstate trucks
pursuant to California Vehicle Code Section 35401.5(c).
11.60.090 Application
A. Any interested person 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 City Engineer and
appropriate fees to the City of National City.
B. Upon receipt of the application the City Engineer 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,
he will then determine the capability of the route requested
and/or alternate routes. 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. 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 National
City to a terminal located in another jurisdiction, the applicant
shall comply with the jurisdiction's application process. City of
National City route designation approval will be required for
those portions of the route located within the City. Cost for
trailblazer signs shall be as provided in Section 11.60.100(B)
below.
11.60.100 Fees and Costs
A. The applicant shall pay a non-refundable application fee, as
established by the City, sufficient to pay the cost of 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
National City, sufficient funds as estimated by the City 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 the 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 are required
are in place. Costs for trailblazer signs may be proportioned in
accordance with procedures in Section 11.60.110(C).
11.60.110 Retrofitting
A. If all feasible routes to a requested terminal are found
unsatisfactory by the City Engineer, the applicant may request
retrofitting the deficiencies. All costs of engineering,
construction and inspection will be the responsibility of the
applicant except when retrofitting deficiencies is within the
jurisdiction of CAIMANS, 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 of National City the estimated cost of
retrofitting. Adjustment 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 may file with the City
Engineer, on a form satisfactory to the City Engineer, 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 the applicant, should any applicant seek
terminal approval which would use the route upon which such
retrofitting was accomplished, any such applicants' fee may
include that applicants' proportionate share of the retrofitting,
as determined by the City Engineer, which fee shall be disbursed
by the City of National City to the applicant who paid for the
original retrofitting as well as to any applicant who contributed
to the cost of retrofitting under this subsection. Nothing herein
shall require the payment of a proportionate fee if the applicant
doing the work failed to file the applicant's report of costs with
the City Engineer as described in subsection (B) above.
11.60.120 Revocation of Mute
The City Engineer may revoke any approved terminal or route if the
terminal or route becomes a traffic safety hazard for vehicular
traffic. A safety hazard includes the inability of interstate
trucks to negotiate the route or interstate trucks creating unsafe
driving conditions for other vehicular traffic or pedestrians.
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11.60.130 Appeal Process
A. If the City Engineer denies terminal designation, route
feasibility or revokes a previously approved terminal or route,
the applicant/terminal owner, within ten working days following
the date of receipt of the decision of the City Engineer may
appeal the decision to the City Council in writing. An appeal
shall be made on a form prescribed by the Engineering Department
and shall be filed with the City Clerk. The appeal shall state
specifically wherein there was an error or abuse of discretion by
the City Engineer or wherein his decision is not supported by the
evidence in the record. Within 5 days of the filing of an appeal,
the City 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 City Engineer, the findings of
the City Engineer, and his decision on the application.
B. The City Clerk shall make copies of the data provided by the
City 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 City Council.
C. If Caltrans and not the City 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.
PASSED and ADOPTED this //" day of ems/ 1987.
ATTEST:
Ione'Campbell, City Cl-rk
APPROVED AS TO FORM:
George .Waters. Mavor
George . Waters, Mayor
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Passed and adopted by the Council of the City of National City, California,
on . a-u-a7 by the following vote, to -wit:
Ayes: Councilmen .Cooper.,..Dalla.,..PxiLitt.,..Vanaey2xit.e.r.,..17.et.e.r.s
Nays: Councilmen .None
Absent: Councilmen .1N.Q11Q
Abstain: Councilmen .Nsw-lo
AUTHENTICATED BY:
GEORGE H. WATERS
Mayor of the City of National City, California
City C1ei of the City of National
ity, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the days of its introduction
and the days of its final passage, to wit, on 8-4-87
and on
8-11-87
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO. .. of the City of National City, passed
and adopted by the Council of said City on
(Seal)
City Clerk of the City of National City, California
By:
Deputy