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HomeMy WebLinkAboutOrd 971-1985 ORDINANCE NO~ 971-85 AN ORDINANCE ADDING TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE CHAPTER 11181 ENTITLED "INTERSTATE TRUCKS" THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: Section 1: CHAPTER 11.81 ADDED TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE Chapter 11~81 is hereby added to the South San Francisco Municipal Code, and shall read as follows: "CHAPTER 11.81 INTERSTATE TRUCKS Sections: 11.81.010 Definitions 11.81.020 Purpose 11.81.030 Application 11.81.040 Fees and Costs 11.81~050 Retrofitting 11.81.060 Revocation of Route 11.80.070 Appeal Process 11.81.010 Definitions. 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 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 manufactured~ (b) "Interstate Truck" means a truck tractor and trailer or doubles with unlimited length as regulated by the Vehicle Code~ (c) "Caltrans" means the State of California Department of Transporta- tion or its successor agency~ 11.81,020 Purpose. The purpose of this Chapter is to establish procedures for terminal desig- nation 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. 11.81.030 Applications. (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 a receipt showing that the applicant has paid the fees set forth in Section 11.81.040. (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 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, 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 South San Francisco 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 terminal's land use. -2- 11'81~040 Fees and Costs. (a) The applicant shall pay a non-refundable processing fee, in an amount as set forth in the Master Fee Schedule of the City of South San Francisco adopted by resolution of the City Council. (b) Upon the approval of the terminal designation and route by the City and by Caltrans the applicant shall deposit with the City of South San Francisco 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 enroute to the terminal. Upon completion of the installation of the signs, the actual cost shall be computed and any differ- ence 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. 11.81.050 Retrofitting. (a) If all feasible routes to a requested terminal are found unsatisfactory by the City Engineer, the applicant may request retrofitting of 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, pursuant to an Encroachment Permit. lb) When the work is to be done by the City, the applicant shall deposit with the City of South San Francisco the estimated cost of retrofitting and inspection fees. Adjustments 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 -3- work is done by the applicant, the applicant shall file with the City Engineer, on a form satisfactory to the City Engineer, a statement detailing the actual costs of the retrofitting, which shall be the basis of computing the non-refundable inspection fee as described in the Master Fee Schedule for Encroachment Permits. All requirements for Encroachment Permits shall apply. (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 appli- cants' 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 South San Francisco to any 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 Engineer required by sub- section (b) above. 11.81.060 Revocation of Route. The City Engineer may revoke any approved designation of a terminal or route if the terminal or route becomes a safety hazard for vehicular traffic. A safety hazard includes, but is not limited to, the inability of interstate trucks to negotiate the route of said vehicles causing unsafe driving conditions for other vehicular traffic or pedestrians. 11.81.070 Appeal Process. (a) If the City Engineer denies terminal designation, route feasibility or revokes a previously approved terminal or route designation, the applicant/terminal owner, within ten (10) days following the date of receipt of the decision of the City Engineer may appeal said decision to the City Council. An appeal -4- shall be made in writing on a form prescribed by the City Engineer 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 factual data in the record. Within five (5) days of the filing of an appeal, the City Engineer shall transmit to the City Clerk the terminal application, the sketches of the 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. (d) Nothing in this Chapter shall be construed to relieve an applicant from any of the requirments of Title 20 of this Code." Section 2: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. -5- Section 3: Publication and Effective Date. This Ordinance shall be published once, with the names of those City Council members voting for or against the Ordinance, in the Enterprise-Journal, a news- paper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty {30) days from and after its adoption. Introduced this 12th day of December 19 84 . Passed and adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco this 9th day of JaF)uary,. 1985 , by the following vote: AYES: Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teglia NOES: None ABSENT: None Ordinance this 9th day of January As Mayor of the City of South San Francisco, I do hereby approve the foregoing , 19 85 . -6-