3. The Consumer Protection and Safety Division's (CPSD) Protest
The Commission's CPSD filed a timely protest to the City of San Marcos's (City) application on October 26, 2007.2 No other protests were filed. In its protest, CPSD asserted the application failed to provide the necessary and/or specific information regarding pedestrian traffic volumes, crossing design information, types of crossing warning devices, pathway configuration, and related safety treatments.
A prehearing conference (PHC) in this matter was held on March 13, 2008 in Oceanside to determine the necessity of an evidentiary hearing (EH). At the PHC, the City and CPSD both advised they expected to settle the issues in dispute as a result of many meetings between the two parties, and that if settlement was reached an EH likely would be unnecessary. The City further advised it soon planned to file an amended application, in consultation with CPSD, addressing the issues in dispute.
The City filed its amended application on March 19, 2008, and CPSD withdrew its protest on March 27, 2008. In its withdrawal, CPSD stated that the amendment resolved the matters set forth in its protest, and that it supports and concurs with the changes contained in therein. The subject application, therefore, now is an uncontested matter and we find that an EH is unnecessary.
2 Filed pursuant to Rule 2.6 of the Commission's Rules of Practice and Procedure (Rules).
