Richard Clark is the assigned Examiner in this proceeding.
Findings of Fact
1. Notice of the application was published in the Commission's Daily Calendar on April 17, 2009. There are no unresolved matters or protests. A public hearing is not necessary.
2. LACMTA requests authority, under Public Utilities Code Sections 1201-1205 and 99152, to construct a new grade-separated crossing over SCRRA/UPRR railroad tracks.
3. LACMTA is the lead agency for this project under CEQA, as amended.
4. LACMTA prepared an EIR and issued a NOD adopting a SOC.
5. The Commission is a responsible agency for this project and has reviewed and considered LACMTA's environmental documentation, including its EIR, NOD and SOC.
Conclusions of Law
1. The EIR, NOD and SOC, as required by CEQA and as adopted by LACMTA, are adequate for our decision-making purposes.
2. The application is uncontested and a public hearing is not necessary.
3. The application should be granted as set forth in the following order.
IT IS ORDERED that:
1. Los Angeles County Metropolitan Transportation Authority (LACMTA) is authorized to construct a new grade-separated crossing over the Southern California Regional Rail Authority Ventura Subdivision tracks, to be identified as CPUC Crossing No. 101VE-445.73-A, in the City of Chatsworth, County of Los Angeles.
2. LACMTA shall comply with all applicable rules, including Commission General Orders and the California Manual on Uniform Traffic Control Devices.
3. LACMTA 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 .
4. Within 30 days after completion of the work under this order, LACMTA shall notify RCES in writing, by submitting a completed standard Commission 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.
5. This authorization shall expire if not exercised within three years, unless time is extended or if the above conditions are not satisfied. The Commission may revoke or modify authorization if public convenience, necessity, or safety so require.
6. A request for extension of the three-year authorization period 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.
7. The application is granted as set forth above.
8. Application 09-03-032 is closed.
This order becomes effective 30 days from today.
Dated September 10, 2009, at San Francisco, California.
MICHAEL R. PEEVEY
President
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
TIMOTHY ALAN SIMON
Commissioners