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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. 1 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. 5 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 6 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