HomeMy WebLinkAbout1985-05-07; City Council; 8170; Interstate Truck Ordinance-. c
,B# 8/7O TITLE;
5/7/85 INTERSTATE TRUCK ORDINANCE
IEPT. CA
I DEPT. HD. -
ClTYAll'Y VFf?)
CITY MGR.E
RECOMMENDED ACTION:
Introduce Ordinance No. 3/93
ITEM EXPLANATION
Recent federal legislation allows longer and wider trucks (interstate trucks) to use designated roads (1-5 and Highway 78) with reasonable access. Starting January 1, 1985 all local jurisdictions are required to enact a "large truck ordinance." This ordinance will establish a procedure by which a terminal operator may request establishment of routes where large trucks can operate within the City limits. The ordinance does not establish any actual routes.
Currently the Carlsbad Municipal Code sets forth designated truck routes within the City. However, these designated routes do not apply to interstate trucks. Interstate trucks may travel through
the City via 1-5 or Highway 78 but are denied any terminal access or facility at which freight is loaded and unloaded or at which the vehicles are regularly maintained, stored or manufactured except along designated routes. To comply with the federal legislation the City should adopt an ordinance to establish the procedures for such terminal and truck route designations within the City.
The proposed ordinance is modeled after an ordinance adopted by the City of Poway. The proposal was presented to the San Diego County City Attorney's Spring Seminar by the Poway City Attorney. The group agreed to recommend the Poway approach to the various cities in the county.
This program requires any interested person requiring terminal access for interstate trucks to apply for a route designation.
The City Traffic Engineer will investigate to determine whether
the proposed terminal facility meets the requirements for an interstate truck terminal. Upon the City's approval of the terminal designation, the City Traffic Engineer will then determine the capability of the route requested.
Upon the approval of the terminal designation and route by the City and by CALTRANS, the applicant must deposit with the City sufficient funds to pay for the purchase and installation of terminal access signs and trailblazer signs.
If all feasible routes to a requested terminal are found unsatisfactory by the City, the applicant may request retrofitting the deficiencies. All costs of engineering, construction, and inspection will be the responsibility of the applicant.
Agenda Bill # 8/7 0 Page 2
In addition the program allows the Engineer to revoke any approved terminal or route if the terminal or route becomes a safety hazard for vehicular traffic. Should the engineer deny a requested terminal designation, route feasibility or
revoke a previously approved terminal or route, the applicant/terminal owner, within ten days following the decision, may appeal the decision to the City Council. The City Council shall make a decision on the application or revocation of the terminal or routes. By allowing these interested persons to designate their own terminals and routes the City should save the time and money associated with having to do the actual route designations.
This proposal has been reviewed by the Police Chief and City Engineer. They join in recommending the ordinance.
FISCAL IMPACT
None. Cost of administration would be recovered by application fees.
EXHIBIT
Ordinance No. 31 93 .
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ORDINANCE NO. 31 93
AN ORDINANCE OF TEE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 10 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
CHAPTER 10.34 RELATING TO INTERSTATE TRUCKS.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 10 of the Carlsbad Municipal
Code is amended by the addition of Chapter 10.34 to read as
f 01 lows :
"Chapter 10.34
Interstate Trucks
Sections:
10.34.010
10.34.020
10.34.030
10.34.040
10.34.050
10.34.060
10.34 -070
10.34.080
Definitions. Purpose . Application.
Fees and costs.
Re trof it t ing . Revocation of route.
Appeal process. Constitutionality.
10.34.010 Definitions. The following words and phrases shall have he 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.
consolidated to be shipped or where full load consignments may bc loaded and off loaded or at which the vehicles are regularly maintained, stored or manufactured.
trailer or truck tractor, semi-trailer and trailer with unlimited length as regulated by the Vehicle Code.
Engineer of the City of Carlsbad or an authorized representative.
Department of Transportation or its successor agency.
(a) "Terminal" means any facility at which freight is
(b) "Interstate truck" means a truck tractor and semi-
(c) "City traffic engineer" means the City Traffic
(d) "Caltrans" means the State of California
10.34.020 Purpose. The purpose of this article is to establish procedures for terminal designation and truck route
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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.
10.34.030 Application.
(a) Any interested person requiring terminal access fol 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 Traffic Engineer and appropriate fees to the City of Carlsbad.
(b) Upon receipt of the application, the City Traffic Engineer will cause in investigation to be made to ascertain whether or not the proposed terminal facility meets the requirements for an interstate truck terminal. Upon the City Engineer's approval of that designation, the City Traffic Engineer 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, intersect ions and highways and general traffic conditions such as sight distance, speed and traffic volumes. Nc access off a federally designated highway system will be approve(
without the approval of Caltrans.
(c) Should the requested route pass through the City of Carlsbad 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 City will be the responsibility of the entity which controls the terminals land use. Costs for trailblazer signs shall be as provided in Section 10.34.040.
10.34.040 Fees and costs. (a) The applicant shall pay a nonrefundable
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.
route by the City and by Caltrans, the applicant shall deposit
with the City of Carlsbad sufficient funds as estimated by the City Traffic Engineer to pay for the purchase and installation of terminal access signs and 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: 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.
(b) Upon the approval of the terminal designation and
10.34.050 Retrofitting. (a) If all feasible routes to a requested terminal are found unsatisfactory by the City Traffic Engineer, 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
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of deficiencies is within the jurisdiction of Caltrans, the actual construction will be done by the City or by a contractor. (c) If at any time within five years from the date of
completion of the retrofitting by the applicant, should any new applicant seek approval of a terminal which would use the rate upon which such retrofitting was accomplished, the new applicant may be required to pay a fee to the City equal to the proportionate share of the cost of the previously completed retrofitting, as determined by the City Traffic Engineer, which fee shall be disbursed by the City of Carlsbad to the applicant who paid for the 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 report with
the City Traffic Engineer required by subsection (b) above.
10.34.060 Revocation of route, The City Traffic Engineer may revoke any approved terminal or route if the terminal or route becomes a safety 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.
10.34.070 Appeal process. (a) If the City Traffic Engineer denies terminal designation, route feasibility or revokes a previously approved terminal or route, the applicant/terminal owner, within ten days following the date of receipt of the decision of the City Traffic Engineer, may appeal said decision to the City Council in writing. An appeal shall be made on a form prescribed by the Department of Public Works 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 Traffic Engineer or wherein its decision is not supported by the evidence in the record. Within five days of the filing of an appeal, the City
Traffic 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 Traffic Engineer, the findings of the City Traffic Engineer and the City Traffic Engineer's decision on the application.
provided by the City Traffic Engineer available to the applicant and to the applicant (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.
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.
(b) The City Clerk shall make copies of the data
(c) If Caltrans and not the City Trafic Engineer
10.34.080 Constitutionality. If any section, subsection, sentence, clause or phrase of the ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance, and each
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section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, 8t1bSaCtiOnf3 , sentences , clauses or phrases be declared invalid. "
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and City Clerk shall certify to
the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after its
adopt ion.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 14th day of May I
1985, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 21st day of May , 1985 by the
following vote, to wit:
AYES: Council Mnbers Casler, Lewis, Kulchin, ai& and Pettine
NOES: None
ABSENT: None
ATTEST:
( Seal )
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