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, Caltrans is the lead agency for this project. The Commission is a responsible agency because it has jurisdiction to issue a permit for a portion of 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

Pursuant to CEQA and the National Environmental Policy Act (NEPA),4 Caltrans and the Federal Highway Administration (FHWA) jointly prepared an environmental document titled Interstate 5/Empire Avenue Interchange, City of Burbank, Los Angeles County, Initial Study/ Environmental Assessment (IS/EA), Mitigated Negative Declaration (MND) /Finding of No Significant Impact (FONSI), which identifies environmental impacts and associated mitigation measures related to the Project. Caltrans approved the joint CEQA and NEPA document on July 21, 2002.

To satisfy NEPA requirements, Caltrans determined in the IS/EA MND/FONSI, that the proposed project would have no significantly adverse effect on the environment because the identified mitigation measures would reduce the potential effects to less-than-significant levels.

Under CEQA, on June 21, 2002, Caltrans adopted an MND for the project, indicating that the project will not have a significant effect on the environment, and mitigations were a part of the approval so as to reduce the potential effects to less-than-significant levels.

The lone significant impacts identified under CEQA, relating to the safety, traffic/transportation, and noise areas under the Commission's jurisdiction pertain to noise-sensitive receptors. For noise, mitigation measures include reconstruction of soundwalls that would be higher than the existing ones. With the construction of the soundwalls, the potential effects would offset any future noise levels associated with project and would be reduced to insignificant levels.

In response to Liberman Broadcasting noise concerns, Caltrans hired the consultant service of Parson Engineering Science to evaluate the potential noise impacts. To prevent adverse noise to the Liberman Broadcasting buildings during construction there will be no impact pile driving, instead Cast-In-Drilled-Hole methods will be employed. Also in accordance with all applicable provisions of the City of Burbank's noise codes and ordinances, and a number of other requirements recommended by the consultant will be followed for the project. Additionally, Liberman Broadcasting will be provided with no less than 24 hours' prior notice of any work that may or is reasonably projected to exceed the permitted noise. With the use of these mitigations, the potential effects would be reduced to less-than-significant levels.

SCRRA adopts the Caltrans documents for the purposes of its Application. The Commission reviewed and considered the IS/EA and MND/FONSI adopted by Caltrans 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 3.7 of the Rules of Practice and Procedure, which relates to the construction of a of a public highway across a railroad.

The Commission's Consumer Protection and Safety Division - Rail Crossings Engineering Section has reviewed and analyzed the application, and recommends that the requested authority to construct the subject crossing be granted for a period of three years.

Categorization and Need for Hearings

In Resolution ALJ 176- 3274 dated May 26, 2011, and published in the Commission Daily Calendar on May 27, 2011, the Commission preliminarily categorized this application as ratesetting, and preliminarily determined that hearings were not necessary. No protests have been received. There is no apparent reason why the application should not be granted. Given these developments, a public hearing is not necessary, and it is not necessary to disturb the preliminary determinations.

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

Michelle Cooke is the assigned Examiner in this proceeding.

Findings of Fact

1. Notice of the application was published in the Commission's Daily Calendar on May 11, 2011. There are no unresolved matters or protests. A public hearing is not necessary.

2. The SCRRA requests authority to construct a grade-separated crossing, CPUC Crossing No. 101VY-12.08-B and DOT No. 943914D for its Valley Subdivision mainline and Brighton Siding tracks over Empire Avenue in the City of Burbank, County of Los Angeles.

3. Caltrans is the lead agency for this project under CEQA and NEPA, as amended.

4. Caltrans and FHWA prepared, pursuant to CEQA and NEPA, a joint Initial Study/Environmental Assessment (IS/EA) and Mitigated Negative Declaration /Finding of No Significant Impact (MND/FONSI) for the Interstate 5/Empire Avenue Interchange Project approved on July 21, 2002.

5. In the IS/EA and MND/FONSI, it was determined that the proposed project would have no significantly adverse effect on the environment because identified mitigation measures would reduce the potential effects to less-than-significant levels.

6. Adverse noise impacts identified in the overall I-5 project pertains to sensitive receptors within the area. However, reasonable and feasible mitigations have been adopted to reduce noise impacts to less-than-significant levels.

7. Safety, traffic/transportation, and noise are within the scope of the Commission's permitting process.

8. The Commission is a responsible agency for this project, and has reviewed and considered the lead agency's IS/EA and MND/FONSI.

Conclusions of Law

1. The IS/EA and MND/FONSI 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.

O R D E R

IT IS ORDERED that:

1. The Southern California Regional Rail Authority is authorized to construct the grade-separated crossing for its Valley Subdivision mainline and Brighton Siding tracks over Empire Avenue in the City of Burbank, County of Los Angeles.

2. The new crossing is to be identified as CPUC Crossing No. 101VY-12.08-B and DOT No. 943914D.

3. The Southern California Regional Rail Authority shall comply with all applicable rules, including Commission General Orders and the California Manual on Uniform Traffic Control Devices.

4. The Southern California Regional Rail Authority shall notify the Commission's Consumer Protection and Safety Division - Rail Crossings Engineering Section at least five (5) business days prior to opening the crossing. Notification should be made to rces@cpuc.ca.gov .

5. Within 30 days after completion of the work under this order, the Southern California Regional Rail Authority shall notify the Commission's Consumer Protection and Safety Division - Rail Crossings Engineering Section 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.

6. Within 30 days after completion of the work under this order, the Southern California Regional Rail Authority shall notify the Federal Railroad Administration of the existence of the new grade-separated crossing by submitting a completed U.S.DOT CROSSING INVENTORY FORM, form FRA F6180.71, for the new grade-separation structure. A copy of that submittal is to be provided concurrently to the Commission's Consumer Protection and Safety Division - Rail Crossings Engineering Section. The form may be submitted electronically to rces@cpuc.ca.gov .

7. This authorization shall expire if not exercised within three 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.

8. A request for extension of the three-year authorization must be submitted to the Commission's Consumer Protection and Safety Division - Rail Crossings Engineering Section at least 30 days before the expiration of that period. A copy of the request must be sent to all interested parties.

9. This application is granted as set forth above.

10. Application 11-05-008 is closed.

This order becomes effective 30 days from today.

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.

4 42 USC 4332 (2)(c) of 1969 as amended. Projects undertaken in California that utilize federal funds, require discretionary federal approval, or are undertaken by federal agencies are subject to both NEPA and CEQA.

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