HomeMy WebLinkAbout6.5 Oversize Truck Operation Ordinance CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: February 8, 1988
SUBJECT: Public Hearing: Ordinance Relating to Oversize Truck
Operations
EXHIBITS ATTACHED: Draft Ordinance
4�/
Y 1) Open public hearing -
2) Receive Staff presentation and public testimony
3) Question Staff and the public
4) Close public hearing and deliberate
5) Waive reading and introduce ordinance relating to
oversize truck operations.
FINANCIAL STATEMENT: None
DESCRIPTION:
In the 1982 Surface Transportation Assistance Act, the Federal
Government pre-empted State and local governments from regulating the size of
certain commercial vehicles operating on a network of interstate and certain
other highways. However, the State and local governments do have the
responsibility for providing reasonable off-network access to facilities and
services and to terminal locations.
The maximum permissible semitrailer length for trucks operating on the
Designated System of Routes is 53 feet (or 28.5 feet each for a "set of
doubles") . In combination with the tractor itself, the overall vehicle
length may be as much as 75 feet. The physical dimensions of many local
streets will not accommodate a vehicle of this size because of the location
of curbs, traffic signals, medians and other islands, street lights, signs,
and so forth. A local jurisdiction is permitted to establish a procedure for
allowing these "super" trucks to use its streets.
This ordinance, which is modeled after the ordinance adopted by the
County of Alameda, establishes procedures for terminal designation and truck
route designation to terminals for interstate trucks operating on a federally
designated highway system. Under this procedure, the Public Works
Director/City Engineer would conduct a review of proposed routing at the
expense of the applicant and determine whether or not the route was capable
of accommodating the large vehicles. If no proposed route can safely do so,
the applicant may request retrofitting of the route, to be performed at the
applicant's expense.
If an application is denied by the Director of Public Works, the
applicant has the right of appeal to the City Council.
The City has not, at this time, received any requests for terminal
access.
Staff recommends that the City Council waive the reading and introduce
the ordinance.
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ITEM N0. a COPIES TO:
ORDINANCE NO. -88 .
AN ORDINANCE OF THE CITY OF DUBLIN
ESTABLISHING PROCEDURES FOR OVERSIZED TRUCK OPERATIONS
The City Council of the City-of*Dublin does ordain as follows:
Section 1. PURPOSE. The purpose of this ordinance 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.
Section 2. APPLICATION. Any interested person requiring
terminal access 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 Director of Public Works and
appropriate fees to the City of Dublin.
Upon receipt of the application, the Director of Public Works
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.
Should the requested route pass through the City of Dublin 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.
Section 3. FEES AND COSTS. The applicant shall pay a
nonrefundable application fee, as established 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 sufficient
funds as estimated by the Director of Public Works 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 the applicant, whichever the case may be. No
terminal or route may be used until such signs as may be required are in
place.
Section 4. RETROFITTING. If all feasible .routes to. a requested .
terminal are found unsatisfactory by the Director of Public Works, 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 applicant'.s .contractor under .permit from the City.
When the work is to be done by the City, the applicant shall
deposit with the City of Dublin the estimated cost of retrofitting.
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 work is done by the applicant, the applicant may file with the
Director of Public Works a statement detailing the actual costs of the
retrofitting.
If at any time within 5 years of the date of completion of the
retrofitting by the applicant, should any additional applicant seek terminal
approval which would use the route upon which such retrofitting was
accomplished, any such applicant's fee may include that applicants
proportionate share of the retrofitting, as determined by the Director of
Public Works, which fee shall be disbursed by the City of Dublin 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 cost report with the Director of Public
Works required above.
Section 5. REVOCATION OF ROUTE. The Director of Public Works
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.
Section 6. APPEAL PROCESS. If the Director of Public Works
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 Director of Public Works
may appeal said decision to the City Council in writing. An appeal shall be
made in a form prescribed by the Director of Public Works and shall be filed
with the City Clerk. The appeal shall state specifically wherein there was
an error or abuse of discretion by the Director of Public Works or wherein
its decision is not supported by the evidence in the record. Within 10 days
of the filing of an appeal, the Director of Public Works 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 Director of Public
Works, the findings of the Director of Public Works, and his decision on the
application.
The City Clerk shall make copies of the data provided by ,the
Director -of Public Works 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.
If Caltrans and not the Director of Public Works 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.
Section 7. EFFECTIVE DATE AND POSTING OF ORDINANCE. This
Ordinance shall take effect and be in force thirty (30) days from and after
the date of its passage. The City Clerk of the City of Dublin shall cause
this Ordinance to be posted in at least three (3) public places in the City
of Dublin in accordance with Section 36933 of the Government Code of the
State of California.
PASSED AND ADOPTED by the City Council of the City of Dublin on
this _th day of 1988.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk