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HomeMy WebLinkAboutOrdinance No. 2246 ORDINANCE NO. 2246 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING CHAPTER 11 .66 TO THE AZUSA MUNICIPAL CODE RELATING TO INTERSTATE TRUCKS THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS : SECTION 1 . Chapter 11 .66 is hereby added to the Azusa Municipal Code to read as follows: CHAPTER 11 .66 INTERSTATE TRUCKS 11 .66 .010 . Definitions. The following words and phrases shall have the meanings set forth, and if any word or phrase used in this article is not defined in this section, it shall have the meanings 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 . (a) "Terminal" means 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 vehicles are regularly maintained, stored or manu- factured . (b) "Interstate truck" means a truck tractor and semi-trailer or truck tractor, semi-trailer and trailer with unlimited length as regu- lated by the Vehicle Code . (c) "Director of Community Development" means the Director of Community Development of the City of Azusa or his authorized representative (hereinafter "Director" ) . (d) "Caltrans" means the State of California Department of Transportation or its succes- sor agency. 11 .66 .020 . Purpose. 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 . 11 .66 .030 . 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 pro- vided by the City, together with such information as may be required by the Director and appropriate fees to the City. (b) Upon receipt of the application, the 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, he will then determine the capability of the route requested and alternate routes, whether requested or not. Determination or route capability will include, without limitation, a review of adequate turning radius 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 to a terminal located in another jurisdiction, the applicant shall comply with that jurisdiction' s application process as well . Coordination of the approval of the route through the City will be the responsi- bility of the entity which controls the terminal ' s land use . Costs for trail- blazer signs shall be as provided in Section 11 .66 .040 . 11 .66 .040 . Fees and Costs. ( a) The applicant shall pay a nonrefundable application fee, as established by the City Council by resolution, sufficient to pay the cost of the review of the terminal designation and the review of the route and alternate route. The Council shall also set, by resolution, an appeal feel to pay the costs of processing an appeal pursuant to Section 11 .66 .070 . (b) Upon the approval of the terminal designa- tion and route by the City and by Caltrans, the applicant shall deposit with the City sufficient funds as estimated by the 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 -2- the applicant, whichever the case may be. No terminal or route may be used until such signs as may be required are in place. Costs for trailblazer signs may be proportioned in accordance with the procedures in Section 11 .66 .050( c) . 11 .66 .050 . Retrofitting . (a) If all feasible routes to a requested termi- nal are found unsatisfactory by the 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 City or by a contractor acceptable to it. (b) When the work is to be done by the City, the applicant shall deposit with the City the estimated cost of retrofitting . Adjust- ments 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. (c) If at any time within five ( 5) 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 applicant' s fee may include that applicant' s proportionate share of the retrofitting , as determined by the Director, which fee shall be disbursed by the City to the applicant who paid for the retrofitting , as well as to any applicant who contributed to the cost of retrofitting under this subsection. 11 .66 .060 . Revocation of Route. The Director may revoke any approved terminal or route if the terminal or route becomes a traffic 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. -3- 11 . 66. 070 . Appeal Process. (a ) If the Director denies terminal designation, route feasibility or revokes a previously approved terminal or route, he shall notify the applicant in writing. The applicant or terminal owner, within ten ( 10) days follow- ing the date of the decision of the Director may appeal said decision to the City Council in writing. An appeal shall be made on a form prescribed by the Director and shall be filed with the City Clerk upon payment of the appeal fee. The appeal shall state specifi- cally wherein there was an error or abuse of discretion by the Director or wherein its decision is not supported by the evidence in the record. Within five ( 5 ) days of the filing of an appeal , the Director shall transmit to the City Clerk the terminal application, the sketches of the route and all other data filed therewith, the report of the Director, the findings of the Director and his decision on the application. (b) The City Clerk shall make copies of the data provided by the 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 City Council . The appeal shall be scheduled for Council consideration at a Council meeting not later than twenty-one ( 21 ) days after receipt of the appeal . The Council may continue consideration of the appeal for good cause. (c) If Caltrans and not the Director 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. -4- SECTION 2 . The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 19th_ day of November , 1984 . E GENE F. MOSES, MAYOR STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA I , Adolph Solis, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2216 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 5th day of November, 1984 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 19th day of November , 1984 , by the following vote , to wit: AYES: COUNCILMEMBERS: CRUZ, COOK, CAMARENA, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 7'ADOL H S LIS, CI CLE K -5-