Chapter 10.60


10.60.010  Definitions.

10.60.020  Purpose.

10.60.030  Application.

10.60.040  Fees and costs.

10.60.050  Retrofitting.

10.60.060  Revocation of route.

10.60.070  Appeal process.

10.60.080  Constitutionality.

10.60.010 Definitions.

Certain words and phrases are defined in this section to clarify their use in this chapter. If any word or phrase used in this chapter is not defined in this section, it shall have the meaning set forth in the California Vehicle Code; provided, however, 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. “Cal-Trans” means the State of California Department of Transportation or its successor agency.

B. “City” means the city of Hughson.

C. “City council” means the city council of the city of Hughson.

D. “City manager” means the city manager of the city or his authorized representative.

E. “Interstate truck” means a truck-tractor and semi-trailer or truck-tractor, semi-trailer and trailer with unlimited length as regulated by the California Vehicle Code.

F. “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. (Ord. 84-14 § 1, 1984)

10.60.020 Purpose.

The purpose of this chapter is to establish procedures for terminal designation and truck route designation to terminals for interstate trucks operating on the federally designated highway system and promote the general health, safety, and welfare of the public. (Ord. 84-14 § 1, 1984)

10.60.030 Application.

A. Any interested person requiring terminal access for interstate trucks from the federally designated highway system shall submit an application, as provided by the city, together with such information as may be required by the city manager and appropriate fees to the city.

B. Upon receipt of the application, the city manager shall cause an investigation to be made to ascertain whether or not the proposed terminal facility meets the requirements for an interstate truck terminal. Upon the city manager’s approval of that designation, he or she shall then determine the capability of the route requested and alternate routes, whether requested or not. Determination of route capability shall 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 volume for safe operation. No access off the federally designated highway system shall be approved without the approval of Cal-Trans.

C. Should the requested route pass through the city to a terminal located in another jurisdiction, the applicant shall comply with the jurisdiction’s application process. Coordination of the approval of the route through the city shall be the responsibility of the entity which controls the terminal’s land use. Cost for trailblazer signs shall be as provided in HMC 10.60.040(B). (Ord. 84-14 § 1, 1984)

10.60.040 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 alternate routes.

B. Upon the approval of the terminal designation and route by the city and by Cal-Trans, the applicant shall deposit with the city sufficient funds, as estimated by the city manager, to pay for the purchase and installation of terminal trailblazer signs. Trailblazer signs shall be required at every decision point within the city along the route to the terminal. Upon the completion of the installation of the signs, the actual cost shall be computed and any difference between the actual and 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 are in place. Cost for trailblazer signs may be apportioned in accordance with the procedures set forth in HMC 10.60.050(C). (Ord. 84-14 § 1, 1984)

10.60.050 Retrofitting.

A. If the city manager finds all feasible routes to a terminal unsatisfactory, the applicant may request retrofitting the deficiencies. All costs of engineering, construction, and inspection shall be the responsibility of the applicant. Except when the retrofitting of deficiencies is within the jurisdiction of Cal-Trans, the actual construction shall be done by the city or by a contractor acceptable to the city.

B. When the retrofitting work is to be done by the city, the applicant shall deposit the estimated cost of retrofitting with the city. Adjustments between the estimated and actual costs shall be made after completion of the work and any difference between the actual and the estimated costs shall be billed or refunded to the applicant whichever the case may be. When the retrofitting work is done by the applicant through a contractor acceptable to the city, the applicant may file with the city manager, on a form satisfactory to the city manager, 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 any other applicant seeks terminal approval which would use the route upon which the retrofitting was accomplished, that applicant’s fees may include his, her, or its proportionate share of the retrofitting, as determined by the city manager. The proportionate share collected shall be disbursed by the city to the applicant who contributed to the cost of retrofitting under this subsection. Nothing herein shall require the payment of a proportionate share if the applicant doing the work failed to file the report with the city manager called for in subsection B of this section. (Ord. 84-14 § 1, 1984)

10.60.060 Revocation of route.

The city manager may revoke any approved terminal or route if the terminal or route becomes a safety hazard for any vehicular traffic. A safety hazard includes the inability of interstate trucks to negotiate the route or said trucks causing unsafe driving conditions for other vehicular traffic or pedestrians. (Ord. 84-14 § 1, 1984)

10.60.070 Appeal process.

A. If the city manager denies terminal designation or route feasibility, or revokes a previously approved terminal or route, the decision shall be final unless within 10 calendar days after the decision the applicant/terminal owner, or any other person dissatisfied with the decision appeals the decision to the city council in writing. An appeal shall be made on a form prescribed by the city manager 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 manager or wherein his or her decision is not supported by the evidence in the record. Within five days of the filing of an appeal, the city manager 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 manager, the findings of the city manager, and his or her decision on the application.

B. The city clerk shall make copies of the data provided by the city manager available to the applicant and to the appellant if the appellant is not the applicant, and shall give notice to any other interested person who requested notice of the time when the appeal shall be heard by the city council.

C. If Cal-Trans and not the city manager denies or revokes terminal access from the federally designated highway system, no appeal may be made to the city council, but must be made to Cal-Trans as may be permitted by Cal-Trans. (Ord. 84-14 § 1, 1984)

10.60.080 Constitutionality.

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases, is declared invalid. (Ord. 84-14 § 1, 1984)