Discussion
By D.06-09-013, dated September 7, 2006, in Application 05-06-039, the County of San Diego (County) was authorized to relocate the existing South Santa Fe Avenue crossing approximately 458 feet east, measured along the centerline of the NCTD's track, to a new location along a realigned South Santa Fe Avenue. The new crossing is identified as CPUC Crossing No. 106E-114.49.
The proposed relocation of the South Santa Fe Avenue crossing is part of a larger project to improve the flow of traffic in the area adjacent to State Route 78 and is part of the State Highway Corridor Program (Program). As part of
the Program, South Santa Fe Avenue will be reconstructed and widened, realigning it on a new centerline, from the existing two-lane road to a four-lane major road for approximately two miles between the cities of Vista and San Marcos in the unincorporated area of San Diego County.
The realignment of South Santa Fe Avenue also includes modifications to the two adjacent three-way intersections of York Drive with South Santa Fe Avenue, and Woodland Drive with South Santa Fe Avenue. The existing intersection of York Drive will be removed and York Drive will be realigned with the existing Woodland Drive intersection to form a single new four-way intersection with South Santa Fe Drive.
The new four-way intersection of York Drive/Woodland Drive/South Santa Fe Avenue will be signalized with the crossing passing diagonally through the center of the new intersection. The traffic signals will be interconnected with the railroad warning device control system.
NCTD began revenue operations of its SPRINTER Light Rail Trains along its Escondido Subdivision in March 2008. NCTD currently operates 64 SPRINTER trains daily on weekdays through its entire rail which includes the South Santa Fe Avenue crossing location.
On June 5, 2009, County filed a Petition for Modification of D.06-09-013 to request authorization to change the crossing design in order to reconfigure some of the traffic lanes, stop bars and placement of some of the automatic warning devices. County states its reason for the design changes is to provide for a more efficient traffic operation at the intersection and safer clearing of vehicles off the crossing during initiation of a railroad preemption call. The changes will decrease the distance between the warning devices (gates) and the railroad tracks, thereby reducing the amount of time needed to clear the intersection of traffic before a train arrives.
These changes have also provided for additional time that will be used to provide for protected vehicular traffic movements as well as pedestrian clearance time of the crosswalks. County believes these new elements increase the overall safety of the intersection.
A brief description of the specific changes to the intersection and crossing design follows. These are described in greater detail in County's Filing and depicted in Exhibits D, E and F, attached to County's Filing:
Woodland Drive (south leg of intersection):
1. Move Standard 9-A warning device (Flashing Light Signal Assembly with Automatic Gate Arm and Additional Flashing Lights on a Cantilever as defined in Commission General Order (GO) 75-D) approximately 21 feet closer to intersection.
2. Close the break in the proposed median.
3. Remove "Keep Clear" pavement markings.
4. Increase radius of southwest corner curb to allow a WB-65 (a standard 65 foot long tractor-trailer "design-vehicle") truck right-turn clearance.
York Drive (north leg of intersection):
1. Move Standard 9-A warning device approximately 12 feet closer to the intersection.
2. Increase radius of northeast corner curb to allow a WB-65 truck right-turn clearance.
Crosswalks:
1. Revise striping of crosswalks to be "ladder style".
2. Change Standard 10 warning device (pedestrian flashing light signal as defined in GO 75-C, now obsolete), modified with back-to-back pairs of flashing lights, on each side of South Santa Fe crosswalk to a Standard 8 warning device (Flashing Light Signal Assembly as defined in GO 75-D), modified with only one set of flashing lights aimed at the crosswalk.
South Santa Fe Avenue (east-west legs of intersection):
1. Left-turn lane for eastbound South Santa Fe traffic onto York Drive:
a. Swap location of 9-foot wide raised median and dedicated left-turn lane.
b. Install 8-inch tall, 2-feet wide raised median between new left-turn lane (to York) and westbound South Santa Fe.
c. Relocate limit line/stop bar for new left-turn lane approximately 140 feet closer to intersection.
d. Install Standard 9 warning device (Flashing Light Signal Assembly with Automatic Gate Arm as defined in GO 75-D) on 9-foot wide raised median at new limit line/stop bar location for left-turn lane.
e. Remove R8-8 "DO NOT STOP ON TRACKS" sign from median.
2. Left-turn lane for westbound South Santa Fe traffic onto Woodland Drive:
a. Install 8-inch tall, 2-foot wide raised median between new left-turn lane (to Woodland) and through traffic on westbound South Santa Fe.
b. Relocate limit line/stop bar for new left-turn lane approximately 169 feet closer to intersection.
c. Install Standard 9 warning device on 9-foot wide raised median at new limit line/stop bar location for left-turn lane.
3. Move Pedestrian and bicycle crossings to location (a) west of eastbound through traffic stop bar/limit line, and (b) east of westbound through traffic stop bar/limit line.
4. Replace modified Standard 10 warning device at pedestrian/bicycle crossings with a Standard 8 warning device.
5. Move eastbound through traffic limit line/stop bar approximately 12 feet closer to the intersection. Replace curb-mounted Standard 9A warning device with Standard 9 warning device.
6. Move westbound through traffic limit line/stop bar approximately 6 feet closer to intersection. Replace curb-mounted Standard 9A warning device with Standard 9 warning device.
7. Install "KEEP CLEAR" pavement markings between through traffic limit lines and tracks.
Traffic Phasing and Closing of Existing Crossing:
County's construction staging plan and traffic control plan require that for certain stages of ongoing construction, the existing crossing (Crossing No. 106E-112.00) remain open to allow for eastbound traffic on South Santa Fe. During some stages of construction, there will be two open crossings: the existing crossing and the new crossing (Crossing No. 106E-114.49). This is necessary in order to provide for uninhibited east-west traffic movement on South Santa Fe during construction activities. Both crossings will have fully functional railroad warning devices while open to through traffic movements.
This construction staging necessity would violate Ordering Paragraph 2 of D.06-09-013 which required County to close the existing crossing no later than 30 days from the date that the new crossing is opened. County expects that the existing crossing will have to remain open in excess of 30 days while construction of the new crossing is completed. County therefore requests that D.06-09-013 be modified to require that the existing crossing be closed no later than 30 days from the date the new crossing is opened to traffic in all directions.
Applicant requests no other changes at this time.
Environmental Review and CEQA Compliance
The California Environmental Quality Act of 1970 (CEQA, as amended, Public Resources Code Section 21000 et seq.) applies to discretionary projects to be carried out or approved by public agencies. A basic purpose of CEQA is to inform governmental decision-makers and the public about potential, significant environmental effects of the proposed activities. Since the project is subject to CEQA and the Commission must issue a discretionary decision in order for the project to proceed (i.e., the Commission has the exclusive authority to approve the project pursuant to Section 1202 of the Public Utilities Code), the Commission must consider the environmental consequences of the project by acting as either a lead or responsible agency under CEQA.
The lead agency is either the public agency that carries out the project,1 or the one with the greatest responsibility for supervising or approving the project as a whole.2 Here, County is the lead agency for this project because it is constructing the project, and the Commission is a responsible agency because it has jurisdiction to issue a permit for the project. As a responsible agency under CEQA, the Commission must consider the lead agency's environmental documents and findings before acting on or approving this project.3
In order to satisfy the CEQA requirements, County prepared a Final Environmental Impact Report (FEIR) and Notice of Determination (NOD) for this project. The FEIR did not identify any impacts relative to the relocation of the crossing. Moreover, the County has determined that the FEIR is adequate to address the proposed modifications identified in this decision.
As noted in the original Decision, the Commission reviewed and considered the FEIR and NOD and finds them adequate for our decision-making purposes.
Filing Requirements and Staff Recommendation
The application is in compliance with the Commission's filing requirements, including Rule 16.4 of Rules of Practice and Procedure, which relates to the filing of a Petition for Modification.
County requests that this order be made effective immediately. County's project schedule will be delayed if its Petition is not resolved by August 1, 2009. County anticipates that a Request for Bids for project construction will be posted on or about August 4, 2009 and needs Commission approval to incorporate the proposed modifications into the project before a construction contract can be bid on.
The Commission's Consumer Protection and Safety Division - Rail Crossings Engineering Section participated in discussions regarding the changes proposed in this Petition, and has reviewed and analyzed the proposed modifications and recommends that the Petition for Modification be granted.
Categorization and Need for Hearings
In Resolution ALJ 176-3155 dated June 30, 2005, and published in the Commission Daily Calendar on July 1, 2005, the Commission preliminarily categorized this application as ratesetting, and preliminarily determined that hearings were not necessary. County's Petition for Modification of D.06-09-013 was filed on June 5, 2009 and published in the Commission Daily Calendar on June 8, 2009. No protests have been received. It is not necessary to disturb the preliminary determinations made in Resolution ALJ 176-3155.
Waiver of Comment Period
This is an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Section 311(g)(2) of the Public Utilities Code and Rule 14.6(c)(2) of the Commission's Rules of Practice and Procedure, the otherwise applicable 30-day period for public review and comment is waived.
Assignment of Proceeding
Richard Clark is the assigned Examiner in this proceeding.
1. Petition for Modification of D.06-09-013 was published in the Commission Daily Calendar on June 8, 2009. There are no unresolved matters or protests. A public hearing is not necessary.
2. County was granted authority, under Public Utilities Code Sections 1201-1205, by D.06-09-013, dated September 7, 2006, to relocate and construct a new at-grade crossing, identified as CPUC Crossing No. 106E-114.49, over the existing NCTD railroad track, replacing an existing at-grade crossing in County of San Diego.
3. Modification of the crossing design is necessary to provide for a more efficient traffic operation at the intersection and safer clearing of vehicles off the crossing during initiation of railroad preemption. The changes will reduce the amount of time needed to clear the intersection of traffic before a train arrives and increase the overall safety of the intersection.
4. County is the lead agency for the project under CEQA and adopted a FEIR and NOD in approving the project.
5. County has determined that the FEIR is adequate to address the proposed modifications identified in this decision.
6. The Commission is a responsible agency for the project under CEQA and in D.06-09-013 reviewed and approved the lead agency's FEIR and NOD.
1. The FEIR and NOD prepared by the County as the documentation required by CEQA for the project are adequate for our decision-making purposes.
2. The Petition is uncontested and a public hearing is not necessary.
3. The Petition to modify D.06-09-013 should be granted as set forth in the following order.
IT IS ORDERED that Decision (D.) 06-09-013 is modified as follows:
1. County of San Diego (County) is authorized to relocate the at-grade crossing (crossing) over the track of the North County Transit District's Escondido Subdivision, eliminating the existing crossing identified as CPUC Crossing No. 106E-112.00, in San Diego County. The new at-grade crossing shall be identified as CPUC Crossing No. 106E-114.49.
2. County is authorized to modify its design for the four-way intersection of York Drive/Woodland Drive/South Santa Fe Avenue and the at-grade crossing, as described in its Petition and as depicted in plans attached to its Petition.
3. County shall close the existing South Santa Fe at-grade crossing, CPUC Crossing No. 106E-112.00. This at-grade crossing shall be eliminated no later than 30 days from the date the new South Santa Fe at-grade crossing, CPUC Crossing No. 106E-114.49, is opened to vehicular traffic in all directions.
4. Warning devices at the crossing shall include three median-mounted Standard 9 warning devices (Flashing Light Signal Assembly with Automatic
Gate Arm, as defined in Commission General Order (GO) 75-D) and two curb-mounted Standard 9-A warning devices (Flashing Light Signal Assembly with Automatic Gate Arm and Additional Flashing Lights on a Cantilever, as defined in GO 75-D) on South Santa Fe Avenue, one curb-mounted 9-A on the north corner of York Drive and South Santa Fe Avenue, and one curb mounted 9-A on the south corner of Woodland Drive and South Santa Fe Avenue.
5. In the interest of pedestrian and bicyclist safety, the sidewalks and bike lanes shall be aligned so that they intersect the railroad tracks perpendicular to them, and two Standard 8 warning devices (Flashing Light Signal Assembly as defined in GO 75-D) shall be installed at each pedestrian crossing location. Stop bars shall be painted on both sides of the pedestrian crossing locations to indicate where pedestrians should wait while a train approaches. Rumble strips shall also be installed on the north-east and south-west quadrants where the bike lane is aligned, to protect bicyclists as well as motorists.
6. There shall be only one crosswalk across South Santa Fe Avenue, from the north-east to north-west corner. Two Activated, Blank-Out signs (MUTCD California Supplement No. W10-7) shall be installed facing across South Santa Fe Avenue on the north-east and north-west corners of the intersection. Two Standard 8 warning devices, modified with only one set of flashing red lights aimed at the crosswalk, shall be installed, one each on the northwest and northeast corners of the intersection. "NO PEDESTRIAN CROSSING" signs (MUTCD California Supplement No.'s R9-3 and R9-3b) shall be installed facing across South Santa Fe Avenue on the southeast and southwest corner to prohibit pedestrian crossing of South Santa Fe Avenue on the south edge of the intersection.
7. County shall notify the Commission's Consumer Protection and Safety Division - Rail Crossing Engineering Section (RCES) at least five (5) business days prior to opening the crossing. Notification should be made to rces@cpuc.ca.gov .
8. Within 30 days after completion of the work under this order, County shall notify RCES in writing, by submitting a completed Commission Standard Form G (Report of Changes at Highway Grade Crossings and Separations), of the completion of the authorized work. Form G requirements and forms can be obtained at the CPUC web site Form G page at http://www.cpuc.ca.gov/formg . This report may be submitted electronically to rces@cpuc.ca.gov as outlined on the web page.
9. This authorization shall expire if not exercised within two years unless time is extended or if the above conditions are not satisfied. Authorization may be revoked or modified if public convenience, necessity, or safety so require.
10. A request for extension of the two-year authorization must be submitted to RCES at least 30 days before the expiration of that period. A copy of the request must be sent to all interested parties.
11. This application is granted as set forth above.
12. Application 05-06-039 is closed.
This order is effective today.
Dated July 30, 2009, at San Francisco, California.
MICHAEL R. PEEVEY
President
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
TIMOTHY ALAN SIMON
Commissioners
1 CEQA Guidelines (Title 14 of the California Code of Regulations), Section 15051(a).
2 CEQA Guidelines (Title 14 of the California Code of Regulations), Section 15051(b).
3 CEQA Guidelines, Sections 15050(b) and 15096.
