Ord 147ORDINANCE NO. 147
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
AME~R)ING TITLE X OF THE POWAY MUNICIPAL CODE
BY ADDING CHAPTER 10.43 ~RTATING
TO IN£~RSTATE TRUCKS
THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FO~:
SECTION 1
Title 10 of the Po~ay Municipal Code is hereby amended to add Chapter 10.43
thereto, consisting of Sections 10.43.010 through 10.43.080, to read as
follows:
C~apter 10.43
INTERSTATE TRUCKS
Sec. 10.43.010 Definitions
The following words and phrases shall have the meanings set forth, and if
any work 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)
(b)
(c)
(d)
"Terminal" means any facility at which freight is consolidated to be
shipped or where full load consignments Fsy be loaded and off loaded or
at which the vehicles are regularly maintained, stored or
manufactured.
"Interstate truck" means a truck tractor and semi-trailer or truck
tractor, semi-trailer and trailer with unlimited length as regulated by
the vehicle code.
"City Engineer" means the City Enginccr of the City of Poway or an
authorized representative.
"Caltrans" m~ans the State of California Department of Transportation
or its successor agency.
Sec. 10.43.020 Pur~se
The purpose of this article is to establish procedures for terminal designa-
tion and truck route designation to terminals for interstate trucks operating on
a federally designated highway system and to promote the general health, safety
and welfareof the public.
Ordinance No. 147
Page 2
Sec. 10.43.030
(a)
(b)
(c)
Application
Any interested person requiring terminal access for interstate trucks
from the federally designated highway system shall sut~it an applica-
tion, on a form as provided by the City, together with such information
as may be required by the City Engineer and appropriate fees to the
City of Poway.
Upon receipt of the application, the City Engineer will cause an
investigation to be made to ascertain whether or not the proposed ter-
minal facility meets the requirements for an interstate truck terminal.
Upon the City Engineer's approval of that designation, the City
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, intersections and highways and
general traffic conditions such as sight distance, sp~c~ and traffic
volumes. No access off a federally designated highway system will be
approved without the approval of Caltrans.
Should the requested route pass through the City of Poway 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. Costs for trailblazer signs
shall be as provided in Section 10.43.040.
Sec. 10.43.040
(a)
(b)
Fees and Costs
The applicant shall pay a non-refundable application fee, as estab-
lished 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.
Upon the approval of the terminal designation and route by the City and
by Caltrans, the applicant shall deposit with the City of Poway suf-
ficient funds as estimated by the City 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 cc~pletion 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 appli-
cant, whichever the case may be. No terminal or route may be used
until such signs as may be required are in place.
Ordinance No. 147
Page 3
Sec. 10.43.050 Retrofittin~
(a)
If all feasible routes to a requested terminal are found unsatisfactory
by the City Engineer, the applicant may request retrofitting the defi-
ciencies. All costs of engineering, construction, and inspection will
be the responsibility by 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 of Poway the estimated cost of retrofitting. Axtjustments
bet%~cn the estimated and actual cost shall be made after completion of
the work and any difference bet~cn the actual and the estimated cost
shall be billed or refunded to the applicant as the case way be. When
the work is done by the applicant, the applicant may file with the City
Engineer, on a form satisfactory to the City Engineer, a statement
detailing the actual costs of the retrofitting.
(c)
If at any time within five years frcal the date of completion of the
retrofitting by the applicant, should any new applicant seek approval
of a terminal which would use the route upon which such retrofitting
was acccmplished, 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 Engineer, which fee
shall be disbursed by the City of Poway 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 Engineer required by sub-
section (b) above.
Sec. 10.43.060 B~vocation of Route
The City Engineer may revoke any approved terminal or route if the terminal
or route becomes a safety hazard for vehicular traffic. A safety hazard inclu-
des the inability of interstate trucks to negotiate the route or said vehicles
causing unsafe driving conditions for other vehicular traffic or pedestrians.
Sec. 10.43.070 A~peal Process
(a)
If the City Engineer denies terminal designation, route feasibility or
revokes a previously approved terminal or route, the applicant/terminal
owner, within 10 days following the date of receipt of the decision of
the City Engineer, may appeal said decision to the City Council in
writing. An appeal shall be made on a fora prescribed by the
Department of Public Works and sb~ll 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 its decision is not sup-
ported by the evidence in the record. Within five days of the filing
of an appeal, the City Engineer shall transmit to the City Clerk the
Ordinance No. 147
Page 4
terminal application, the sketches of the revoked route and all other
data filed therewith, the report of the City Enginccr, the findings of
the City Enginccr 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 appli-
cant 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.
Sec. 10.43.080 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 section, subsection, sen-
tence, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 2
This ordinance shall take effect and be in force thirty (30) days after the
date of its passage; and before the expiration of fifteen (15) days after its
passage, it shall be published once with the names and members voting for and
against the same in the Poway News Chieftain, a newspaper of general circulation
published in the City of Poway.
Introduced and first read at a regular n~cting of the City Council of the
City of Poway held the 4th day of December, 1984, and thereafter PASSED AND
ADOI~ED at a regular meeting of said City Council held the llth day of December,
1984, by the following roll call vote:
AYES:
NOES:
ABSENT:
KRUSE, ORAVEC, SHEPARDSON, TARZY, ~MERY
NONE
Robert C. Emery, ~y~