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Home My Public Portal AboutOrd. 1252ORDINANCE N0. 1252 AN ORDINANCE AMENDING CHAf1'ER 19 OF THE LYNWOOD CITY CODE BY ADDING ARTICLE VIII RELATING TO INTERSTATE TRUCKS THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 19 of the Lynwood City Code is hereby amended to add Article VIII thereto, consisting of Sections 19-215, through 19-222, to read as follows: ARTICLE VIII INTERSTATE TRUCKS Sec. 19-215. Definitions. The following words and phrases shall have the meanings set forth, and if any word 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) "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 semitrailer or truck tractor, semi-trailer and trailer with unlimited length as regulated by the Vehicle Code Section 35401.5. (c) "Transportation Engineer" means the traffic engineer of the City of Lynwood or his authorized representative. (d) "Caltrans" means the State of California Department of Transportation or its successor agency. Sec. 19-216. Purpose. The purpose of this article 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. - 1 - Sec. 19-217. Application. (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 Transportation Engineer and fees required pursuant to Section 19-218 (a) of this Code to the City of Lynwood. The application shall include the name and address of the applicant, the location of the terminal, the preferred route (and alternate routes if appropriate), evidence that the terminal, if located within the City, meets established criteria and that said terminal's parking and entxies are adequate and such other information as the Transportation Engineer may require. (b) Upon receipt of the application, the Transportation 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, streets and highways and general traffic conditions such as sight distance, speed, and traffic volumes. No access of a federally designated highway system will be approved without the approval of Caltrans. (c) Should the requested route pass through the City of Lynwood to a terminal located in another jurisdiction, the applicant, in addition to complying with subsection (a) hereof, shall comply with the application process of that jurisdiction. Coordination of the approval of the route through the City will be the responsibility of the entity which controls the land use of the terminal. Costs for trailblazer signs shall be as provided in Section 19-218 (b). (d) No interstate truck may leave a designated terminal access .route in the City of Lynwood except at an entrance to an authorized terminal. Sec. 19-218. Fees and Costs. (a) The applicant shall pay a non-refundable 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. (b) Upon the approval of the terminal designation and route by the City and by Caltrans, the applicant shall deposit with the City of Lynwood sufficient funds as established by resolution of the City Council 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. 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 in Section 19-219 (c). - 2 - Sec. 19-219. Modifications. (a) If all feasible routes to a requested terminal are found unsatisfactory by the Transportation Engineer, the applicant may request that the Transportation Engineer notify the applicant of deficiencies, whereupon the applicant may request the modifications necessary to make the route acceptable. 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. (b) In the event that any work to remedy deficiencies is to be done by the City, the applicant shall deposit with the City of Lynwood the estimated cost of such work. Adjust- ments 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 Transportation Engineer, on a form satisfactory to the Transportation Engineer, a statement detailing the actual costs of construction for the modifications. Modifications shall be limited to the reconstruction of curbed islands, curb returns and appurtenant structures; relocation of above-ground fixtures such as traffic signs, traffic signal standards, traffic signal controllers, street light standards and fire hydrants within the curb return area; and intersection approach markings together with traffic signal detection devices. Required modifications shall not include reconstruction of any pavement or street surface not related to the above. (c) If at any time within 5 years from the date of completion of the modification by the applicant, should any applicant seek terminal approval which would use the route upon which such modification was accomplished, any such applicant's fee may include that applicant's proportionate share of the modification, as determined by the Transportation Engineer, which fee shall be disbursed by the City of Lynwood 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 Transportation Engineer required by subsection (b) above. Sec. 19-220. Revocation of Route. The Transportation Engineer may revoke any approved terminal or route if the terminal or route becomes a traffic hazard for vehicular traffic or if there is a failure to pay the fees or costs payable by the applicant pursuant to this Code. A traffic hazard includes the inability of interstate trucks to negotiate the route or said vehicles causing unsafe driving conditions for other vehicular traffic or pedestrians. Sec. 19-221. Appeal Process. (a) If the Transportation Engineer denies terminal designation, route feasibility or revokes a previously approved terminal or route, the applicant/terminal owner, within ten (10) working days following the date of receipt of the decision of the Transportation Engineer may appeal said decision to the City Council in writing. An appeal shall be made on a form prescribed by the Department 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 Transportation Engineer or - 3 - wherein its decision is not supported by the evidence in the record. Within ten (10) working days of the filing of the appeal, the Transportation 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 Transportation Engineer, the findings of the Transportation Engineer and his decision on the application. (b) The City Clerk shall make copies of the data provided by the Transportation 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 Transportation 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. 19-222. Severability. 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, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subjections, sentences, clauses or phrases be declared invalid. SECTION 2. The City Council finds and declares that this Ordinance is required for the immediate protection of the public peace, health and safety for the following reasons. Sections 35401 of the Vehicle Code prohibits interstate trucks from utilizing local streets except as permitted by Section 35401.5, as implemented by a local ordinance. The State of California is expecting uniform enforcement of these sections on January 1, 1985. The enactmant of this ordinance is necessary for the City to implement Section 35401.5 of the Vehicle Code to allow terminal access for such interstate trucks in a manner consistent with the preservation of the public health, safety and welfare. Therefore, this ordinance shall become effective immediately. SECTION 3. The Clerk of the City of Lynwood is hereby directed to cause this ordinance to be published by one insertion in the LYNWOOD PRESS a newspaper of general circulation printed, published, and circulated in the City of Lynwood and hereby designated for that purpose by the Council of Lynwood. First read at a regular meeting of the City Council of said City held on the 19th day of March 19 g5 and finally ordered published at a regular meeting of said Council held on the 2nd day of _A r_ p i 1 19 85 AYES: COUNCILMEN HENNING, MORRIS, ROWE, THOMPSON, BYORK NOES: NONE ABSENT.: NONE ABSTAIN: ~~~, \ 4~f .. 11/~ ATTEST: JOAN D. BYORK,,Mayor City of Lynwood ~~~ ~ NfL~~_.Q..~~ APPROVED AS TO CONTENT: ANDREA L. HOOPER, City Clerk City of Lynwood APPROVED AS TO FORM: GG /i JOSEPH Y. WANG, P.E. //~V~_D-~/ Director of Public Works/City Engineer ~^. CITY ATTORNEY CITY OF LYNWOOD ROUTE APPLICATION INTERSTATE TRUCK TERMINAL Application No. Date: 1. 2. Print type name of applicant Print type name of Terminal 3. 4. Print type address of applic. Print type address of Term. 5 . 6. Telephone Number Telephone Number 7. PREFERRED ROUTE (Describe and attach sketch) S. ALTERNATE ROUTE(S) (describe and attach sketch(s) 9. DESIGNATE EXIT(S) FROM FEDERALLY DESIGNATED HIGHWAY: 10. CHECK CRITERIA WHICH ESTABLISHES YOUR TERMINALS DESIGNATION: A. FULL Loan consignments loaded or off loaded B. Freight consolidated for shipping C. Maintenance, storage or manufacturing facility of Interstate Trucks 11. EVIDENCE THAT TERMINAL PARKING AND TERMINAL ENTRIES ARE ADEQUATE. FURNISH SKETCH, 1" = 40': THE APPLICANT CERTIFIES THAT THE ABOVE INFORMATION IS CORRECT TO THE BEST OF HIS/HER ABILITY. THE APPLICANT ALSO CERTIFIES THAT HE/SHE HAS READ ORDINANCE PIO. AND AGREES TO THE REQUIREMENTS OF SAID ORDINANCE. Date: Signature terminal Owner Tyne print name cf terminal owner APPLICATION FEE S `ION-REFUNDABLE PAID RECEIPT DATE: ATTACLMENT "r" ORDINANCE ri0. INVESTIGATION A. Applicant(s) terminal meets requirements for interstate truck terminal: Yes No (if no indicate reason(s) Additional Fees Required B. Route approved: Preferred Alternate Other (describe) C. Caltrans approval of access from federally designated highway: Yes No (if no indicate reason(s) Signature of Caltrans Representative D. Route improvements: Requirements Estimated costs for improvements E. Other affected agencies approval (cities or County) Signature of Agency Office APPROVED/DENIED: Transportation Engineer Date PER^?IT FEE' PAID: RECEIPT NO. & DATE: ~PPROV~'DjDENIED: Public Aor'.<s Director Date Dat e STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and ex-officio clerk of the Council of said City, do hereby certify that the above is a -true and correct copy of Ordinance No. 1252 adopted by the City Council of the City of Lynwood, and that the same was passed on the date and by the vote therein stated. Dated this 5th day of Anril luBS, (SEAL) C~•~r--~~G Q-cam. L ~T ` )'~~/p-~ City Clerk, Ciiy of LynwoodV