Chapter 10


4-10.01    Definitions.

4-10.02    Purpose.

4-10.03    Applications.

4-10.04    Fees and costs.

4-10.05    Retrofitting.

4-10.06    Revocation of terminals or routes.

4-10.07    Appeal process.

4-10.08    Designation of interstate truck routes.

4-10.01 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter shall have the meanings set forth in this section, and if any word or phrase used in this chapter is not defined in this section, such word or phrase shall have the meaning set forth in the Vehicle Code of the State: provided, however, if any such word or phrase is not defined in said Vehicle Code, such word or phrase shall have the meaning attributed to it in ordinary usage.

(a)    “Terminal” shall mean any facility situated in the General Industrial (IG) District, as established by Part 6 of Chapter 16 of Title 14 of this Code, 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” shall mean a truck tractor and semitrailer or truck tractor, semitrailer, and trailer with unlimited length as regulated by the Vehicle Code of the State.

(c)    “Traffic Engineer” shall mean the Director of Public Works acting as the Traffic Engineer or his authorized representative.

(d)    “Caltrans” shall mean the California Department of Transportation or its successor agency.

(§ 1, Ord. 683-85 C-M, eff. September 26, 1985)

4-10.02 Purpose.

The purpose of this chapter is to establish procedures for terminal designations and truck route designations to terminals for interstate trucks operating on the Federally-designated highway system and to promote the general health, safety, and welfare of the public.

(§ 1, Ord. 683-85 C-M, eff. September 26, 1985)

4-10.03 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 Traffic Engineer and appropriate fees to the City.

(b)    Upon the receipt of the application, the Traffic 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 the approval of such designation, the Traffic Engineer will then determine the capability of the route requested and alternate routes, whether requested or not. The 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 to a terminal located in another jurisdiction, the applicant shall comply with such jurisdiction’s application process. The coordination of the approval of the route through the City will be the responsibility of the entity which controls the terminal’s land use. Costs for trailblazer signs shall be as provided in subsection (b) of Section 4-10.04 of this chapter.

(§ 1, Ord. 683-85 C-M, eff. September 26, 1985)

4-10.04 Fees and costs.

(a)    The applicant shall pay a nonrefundable application fee, as established by resolution of the Council, sufficient to pay the cost of the 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 sufficient funds as estimated by the Traffic Engineer to pay for the purchase and installation of terminal trailblazer signs. Trailblazer signs will be required at every decision point in the City en 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 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. Costs for trailblazer signs may be proportioned in accordance with the procedures set forth in Section 4-10.05 of this section.

(§ 1, Ord. 683-85 C-M, eff. September 26, 1985)

4-10.05 Retrofitting.

(a)    If all feasible routes to a requested terminal are found unsatisfactory by the 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 of deficiencies is within the jurisdiction of Caltrans, 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 the estimated cost of retrofitting. Adjustments between the estimated and actual cost shall be made after the 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 Traffic Engineer, on a form satisfactory to the Traffic Engineer, a statement detailing the actual costs of the retrofitting.

(c)    If at any time within five (5) years after the date of the 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 such applicant’s proportionate share of the retrofitting, as determined by the Traffic Engineer, 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. Nothing set forth in this subsection shall require the payment of a proportionate fee if the applicant doing the work failed to file the report with the Traffic Engineer required by subsection (b) of this section.

(§ 1, Ord. 683-85 C-M, eff. September 26, 1985)

4-10.06 Revocation of terminals or routes.

The Traffic Engineer may revoke any approved terminal or route if the terminal or route becomes a traffic hazard for vehicular traffic. A safety hazard shall include the inability of interstate trucks to negotiate the route or such vehicles causing unsafe driving conditions for other vehicular traffic or pedestrians.

(§ 1, Ord. 683-85 C-M, eff. September 26, 1985)

4-10.07 Appeal process.

(a)    If the Traffic Engineer shall deny a terminal designation or route feasibility or revoke a previously approved terminal or route, the applicant/terminal owner, within ten (10) days following the date of the receipt of the decision of the Traffic Engineer, may appeal the decision to the Council in writing. An appeal shall be made on a form prescribed by the Public Works 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 Traffic Engineer or wherein the decision is not supported by the evidence in the record. Within five (5) days after the filing of an appeal, the 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 Traffic Engineer, the findings of the Traffic Engineer, and the decision on the application.

(b)    The City Clerk shall make copies of the data provided by the Traffic 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 Council.

(c)    If Caltrans, and not the Traffic Engineer, shall deny or revoke terminal access from Federally-designated highways, no appeal may be made to the Council but shall be made to Caltrans as may be permitted by Caltrans.

(§ 1, Ord. 683-85 C-M, eff. September 26, 1985)

4-10.08 Designation of interstate truck routes.

It shall be unlawful, when signs are erected giving notice thereof, to drive, park, or operate any motor vehicle exceeding the limitations set forth in Sections 35400 and 35401 of the Vehicle Code of the State on any City street, except for those streets, or portions thereof, which are hereby established and designated as interstate access truck routes as follows:

(a)    Riverside Drive along State Route 129 in its entirety;

(b)    West Beach Street between Walker Street to Lee Road;

(c)    Industrial Road in its entirety;

(d)    Walker Street between Riverside Drive (Highway 129) to Ford Street;

(e)    Kearney Street from Walker Street east to Gardner Court and west on Kearney Extension from Walker Street in its entirety;

(f)    Ford Street from Walker Street westerly in its entirety;

(g)    West Lake Avenue from Walker Street east to Gardner Court;

(h)    Harvest Drive in its entirety;

(i)    Lee Road between the northern City limit boundary and the southern City limit boundary; and

(j)    Ohlone Parkway (between West Beach Street and Slough Road West), Slough Road West from Ohlone Parkway to its western limit and portion of Business Park Road North that is north of Slough Road West and within Assessor Parcel Numbers 018-711-24 and 018-711-28.

The designation of interstate truck routes shall be subject to the conditions and provisions of Section 35401.5 of the Vehicle Code of the State as may be amended from time to time, together with any other limitations and conditions which may be imposed by said Vehicle Code upon motor vehicles operating under the Federal Surface Transportation Assistance Act (STAA) of 1982.

(§ 1, Ord. 700-86 C-M, eff. May 8, 1986, as amended by § 1, Ord. 1320-15 (CM), eff. August 6, 2015)