7. Waiver of Comment Period

This is an uncontested matter where the decision grants the relief requested. Accordingly, pursuant to Section 311(g)(2) of the Public Utilities Code, and Rule 14.6(c)(2), the 30-day period for public review and comment is waived.

Findings of Fact

1. The City requests authority to construct an at-grade pedestrian crossing in the vicinity of Marcos Street across tracks owned by the NCTD.

2. Notice of the application was published in the Commission's Daily Calendar on September 27, 2007.

3. Public convenience, necessity, and safety require construction of the crossing.

4. It is not practicable to construct a grade-separated crossing at the proposed crossing site.

5. The City agreed to comply with the post-construction crossing safety monitoring plan, described herein and detailed in its application, in conjunction with NCTD and CPSD staff.

6. There are no unresolved matters or protests.

7. The City is the lead agency and the Commission is the responsible agency for this project under CEQA.

8. The City determined the subject project qualifies as a Categorical Exemption from the requirements of CEQA.

9. As the responsible agency, the Commission has reviewed and considered the City's CEQA review process.

Conclusions of Law

1. The City's environmental review is adequate for our decision-making purposes.

2. The City reasonably concluded that the subject project qualifies as a Categorical Exemption from the requirements of CEQA.

3. This application is uncontested and a public hearing is not necessary.

4. The application should be granted as set forth in the following order.

O R D E R

IT IS ORDERED that:

1. The City of San Marcos (City) is authorized to construct an at-grade pedestrian crossing across the tracks of the North County Transit District (NCTD), in the vicinity of Marcos Street.

2. The crossing shall be identified as Crossing No. 106E-115.89.

3. Safety measures installed at the crossing shall include:

Commission Standard No. 9 (flashing light signal assembly) warning devices, including electronic warning bells;

Swing exit gates;

Fencing to channelize pedestrians to the designated crossing; and

Warning signage and pavement markings at the crossing in both English and Spanish.

4. The City shall comply with all applicable General Orders and the Manual on Uniform Traffic Control Devices, including the California Supplement, with regard to crossing safety.

5. The City and NCTD shall bear construction and maintenance costs in accordance with a written agreement between the parties. Should the parties fail to agree, the Commission will apportion the costs of construction and maintenance by further order.

6. Within 30 days after completion of the crossing, the City shall notify the Commission's Consumer Protection and Safety Division staff that the authorized work is completed by submitting a completed Commission Standard Form G titled Report of Changes at Highway Grade Crossings and Separations.

7. The City shall comply with the post-construction crossing safety monitoring plan described herein.

8. This authorization shall expire if not exercised within two years unless time is extended or if the above conditions are not complied with. Authorization may be revoked or modified if public convenience, necessity, or safety so require.

9. This application is granted as set forth above.

10. Application 07-09-021 is closed.

This order is effective today.

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