Environmental Review and CEQA Compliance
The California Environmental Quality Act of 1970 (CEQA, 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 proposed rail crossing project is subject to CEQA and the California Public Utilities Commission (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 The City of Anaheim is the lead agency for the ARTIC project and proposes three grade-separated rail crossings as part of the ARTIC project. The Commission is a responsible agency because it has jurisdiction to issue a permit for a portion of the ARTIC 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
On September 29, 2010, the City of Anaheim certified an environmental impact report (EIR) for the ARTIC project. The EIR found that potentially significant impacts could result from the project, but some potential impacts would be reduced to less-than-significant levels with the implementation of identified mitigation measures. The City adopted a Mitigation Monitoring and Reporting Program (MMRP) which was made a condition of approval for the project.
The significant impacts identified in the EIR in areas under the Commission's jurisdiction pertain to construction related noise, and transportation and traffic within the area. For noise, mitigation measures consist of regulation through the City of Anaheim Municipal Code. Additionally, construction activity will be limited to between 7:00 am and 7:00 pm. For traffic, mitigation measures consist of the project's fair share of City improvements related to ARTIC as an applicable traffic impact fee into the City's Traffic Impact Fee Account. The City will also participate in a multi-jurisdictional effort with the California Department of Transportation to develop a study to identify the fair share contribution funding sources attributable to the ARTIC project. Also, a number of identified State of California facilities will operate at deficient levels of service with the project. Specifically, the ARTIC project will impact identified Caltrans freeway segments, and on-ramp and off-ramp intersections. Since the mitigation improvements are outside the City's jurisdiction, the City will pay into a mitigation fund that will be used for future Caltrans improvement projects on these identified freeway segments and ramp intersections. With the use of these mitigations, the potential effects would be reduced to less-than-significant levels, except some traffic/transportation effects will result in significant and unavoidable construction related impacts.
The City adopted a Statement of Overriding Considerations (SOC) for the traffic/transportation impacts that could not be fully mitigated. The benefits cited by the City in the SOC include, but are not limited to, providing a needed inter-modal transportation center that will enhance the County of Orange's overall transportation system by accommodating additional bus/rail transit options, additional alternatives to road based travel, and improved services for the transit dependent; provide improved and safe pedestrian access and offer opportunities for transit oriented development as identified in the Anaheim General Plan and the Platinum Triangle Master Land Use Plan; and provide a necessary component for the transportation network within Anaheim and serve as the gateway to the southern California region. The City found that these benefits outweigh the potential environmental impacts of the ARTIC project.
The Commission reviewed and considered the EIR, SOC and MMRP and finds them adequate for its decision-making purposes. The significant impacts to traffic/transportation are acceptable when balanced against the facts as set forth in the SOC.
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 public highway across a railroad.
The Commission's Consumer Protection and Safety Division - Rail Crossings Engineering Section staff has reviewed and analyzed the application, and recommends that the requested authority to construct the subject crossings be granted for a period of three (3) years.
Categorization and Need for Hearings
In Resolution ALJ 176- 3289 dated February 16, 2012, 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
Jack Hagan is the assigned Examiner in this proceeding.
Findings of Fact
1. Notice of the application was published in the Commission's Daily Calendar on February 10, 2012. There are no unresolved matters or protests. A public hearing is not necessary.
2. The City in conjunction with OCTA requests authority to construct three (3) grade-separated rail crossings: a pedestrian-rail under-crossing (ARTIC Station UP, CPUC Crossing No. 101OR-170.75-BD and DOT No. 945785X); a pedestrian-rail over-crossing (ARTIC Station OH, CPUC Crossing No. 101OR-170.86-AD and DOT No. 945786E); and a private baggage rail under-crossing (ARTIC baggage UP, CPUC Crossing No. 101OR-170.89-BX and 945787L), across OCTA's railroad tracks in the City of Anaheim, County of Orange.
3. The City is the lead agency for the ARTIC project under CEQA.
4. The Commission is a responsible agency for this project.
5. Safety, traffic/transportation, and noise impacts are areas within the scope of the Commission's permitting process.
6. On September 29, the City certified an EIR for the ARTIC project. The EIR found that potentially significant impacts could result from the project, but some potential impacts would be reduced to less-than-significant levels with the implementation of identified mitigation measures.
7. The City adopted an MMRP, which was made a condition of approval for the project.
8. The significant impacts identified in the EIR in areas under the Commission's jurisdiction pertain to construction related noise, and transportation and traffic within the area. The City adopted reasonable and feasible mitigations to reduce noise and traffic impacts to less-than-significant levels, except some construction-related traffic/transportation impacts could not be fully mitigated and result in temporary significant and unavoidable impacts during construction.
9. The City adopted a SOC for the impacts that could not be fully mitigated.
10. The Commission has reviewed and considered the EIR, MMRP and SOC and finds them adequate for the Commission's decision making purposes.
11. The benefits cited in the SOC outweigh the potential environmental impacts of the project.
Conclusions of Law
1. The EIR, MMRP and SOC were completed in compliance with CEQA and reflect the Commission's independent judgment.
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. The City of Anaheim is authorized to construct three (3) grade-separated rail crossings: a pedestrian-rail under crossing, a pedestrian-rail over-crossing, and a private baggage under crossing tunnel, at separated grades across the two (2) existing railroad tracks owned by the Orange County Transportation Authority and located at the new Anaheim Regional Transportation Intermodal Center station in the City of Anaheim, County of Orange. The new crossings are to be identified as CPUC Crossing No. 101OR-170.75-BD and DOT No. 945785X for the Anaheim Regional Transportation Intermodal Center Station underpass pedestrian-rail crossing; CPUC Crossing No. 101OR-170.86-AD and DOT No. 945786E for the Anaheim Regional Transportation Intermodal Center Station overhead pedestrian-rail crossing; and CPUC Crossing No. 101OR-170.89-BX and 945787L for the private Anaheim Regional Transportation Intermodal Center baggage underpass tunnel crossing.
2. The City of Anaheim shall comply with all applicable rules, including California Public Utilities Commission General Orders, the United States Department of Transportation's Americans with Disabilities Act Standards for Transportation Facilities and the California Manual on Uniform Traffic Control Devices.
3. The City of Anaheim shall notify the California Public Utilities Commission's Consumer Protection and Safety Division - Rail Crossings Engineering Section at least five (5) business days prior to opening the crossings. Notification should be made to rces@cpuc.ca.gov.
4. Within 30 days after completion of the work under this order, the City of Anaheim shall notify the California Public Utilities 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 California Public Utilities Commission 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. Within 30 days after completion of the work under this order, Orange County Transportation Authority shall notify the Federal Railroad Administration of the existence of the three new grade-separated crossings by submitting a completed U.S. DOT CROSSING INVENTORY FORM, form FRA F6180.71, for the new grade-separation structures. A copy of that submittal shall 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.
6. This authorization shall expire if not exercised within three (3) 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 requires.
7. If an extension of the authorization is needed or anticipated, a request for extension of the 3-year authorization shall be submitted to the California Public Utilities Commission's Consumer Protection and Safety Division - Rail Crossings Engineering Section at least 30 days before its expiration. A copy of the extension request shall be sent to all interested parties.
8. This application is granted as set forth above.
9. Application 12-02-006 is closed.
This order becomes effective 30 days from today.
Dated June 21, 2012, at San Francisco, California.
MICHAEL R. PEEVEY
President
TIMOTHY ALAN SIMON
MICHEL PETER FLORIO
CATHERINE J. K. SANDOVAL
MARK J. FERRON
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.
