Assignment of Proceeding
Richard Clark is the assigned Examiner in this proceeding.
Findings of Fact
1. The Commission published Notices of A.02-05-059, A.02-05-062 and A.02-05-063, A.02-06-005 and A.02-06-006, and A.02-06-056, respectively, in the Commission Daily Calendar on June 7, 2002; June 11, 2002; June 13, 2002; and July 18, 2002. There are no unresolved matters or protests; a public hearing is not necessary.
2. ACE requests authority, under Public Utilities Code Sections 1201-1205, to modify existing grade-separated highway-rail crossings of Humane Way, SR-57, Temple Avenue, and SR-71 over UP's existing Los Angeles Subdivision main line and of SR-71 and Humane Way over UP's existing Alhambra Subdivision main line, in the City of Pomona, Los Angeles County.
3. Public convenience, necessity, and safety require modification of the existing grade-separated highway-rail crossings of Humane Way, SR-57, Temple Avenue, and SR-71 over UP's existing Los Angeles Subdivision main line and of SR-71 and Humane Way over UP's existing Alhambra Subdivision main line.
4. The new through main track along UP's Los Angeles Subdivision will not have at-grade highway-rail crossings of public roads.
5. UP's new Los Angeles Subdivision main track, additional turnouts to connect the new main track with the existing UP Los Angeles Subdivision main tracks, and additional storage track and turnouts proposed on the bifurcated UP Alhambra Subdivision will provide UP train dispatchers an alternative outside of the downtown area of Pomona for storing and queuing long, slow trains to reduce the problem of such trains occupying public at-grade highway-rail crossings in downtown Pomona for extended periods of time.
6. ACE is the lead agency for this project under CEQA, as amended.
7. ACE issued a Mitigated Negative Declaration, making mitigation measures a condition of approval and found that the project will not have a significant effect on the environment.
8. The Commission is a responsible agency for this project and has reviewed and considered the lead agency's environmental documents. These documents are adequate for our decision-making purposes.
9. Safety, security, transportation, and noise are within the scope of the Commission's permitting process.
10. The lead agency did not identify environmental impacts related to security and transportation.
Conclusions of Law
1. We consolidate A.02-05-059, A.02-05-062, A.02-05-063, A.02-06-005, A.02-06-006, and A.02-06-056, which involve related questions of fact, for purposes of issuing one decision.
2. With respect to potentially significant impacts from safety and noise, we find that the lead agency adopted feasible mitigation measures to lessen the impacts to a less-than-significant level. We will adopt ACE's findings and mitigations for purposes of our approval. We also find that ACE reasonably concluded that with mitigations, the project will not have a significant effect on the environment. We adopt ACE's NOD and Mitigated Negative Declaration for purposes of our approval.
3. We waive the usual 30-day effective date of an order as ACE wishes to commence construction of the project at the earliest possible date.
4. We grant consolidated A.02-05-059, A.02-05-062, A.02-05-063, A.02-06-005, A.02-06-006, and A.02-06-056 as set forth in the following order.
IT IS ORDERED that:
1. The Commission authorizes Alameda Corridor - East Construction Authority (ACE) to modify the existing grade-separated highway-rail crossings of Humane Way, State Route (SR) 57 (Orange Freeway), Temple Avenue, and SR-71 (Chino Valley Freeway) over Union Pacific Railroad Company's (UP) existing Los Angeles Subdivision main line and of SR-71 and Humane Way over UP's existing Alhambra Subdivision main line, in the City of Pomona, Los Angeles County, at the locations and substantially as described in and as shown by plans attached to consolidated Application (A.) 02-05-059, A.02-05-062, A.02-05-063, A.02-06-005, A.02-06-006, and A.02-06-056; as described in Appendix A attached to this order; and as shown by plans in Appendix B attached to this order.
2. Clearances shall be in accordance with General Order (GO) 26-D.
3. Walkways shall conform to GO 118. ACE and UP shall maintain walkways adjacent to any trackage subject to rail operations free of obstructions and shall promptly restore walkways to their original condition in the event of damage during construction.
4. Construction and maintenance costs shall be borne in accordance with an agreement that has been entered into between the City of Pomona, ACE, and UP (parties). ACE shall file a copy of the agreement with the Rail Crossings Engineering Section (RCES) prior to construction. Should the parties fail to agree, the Commission shall apportion the costs of construction and maintenance by further order.
5. Within 30 days after completion of the work under this order, ACE shall notify RCES in writing, by submitting a completed standard Commission Form G (Report of Changes at Highway Grade Crossings and Separations), that the authorized work is completed.
6. This authorization shall expire if not exercised within three years unless the Commission extends the time or if the parties do not comply with the above conditions. The Commission may revoke or modify authorization if public convenience, necessity or safety so require.
7. The Commission grants consolidated A.02-05-059, A.02-05-062, A.02-05-063, A.02-06-005, A.02-06-006, and A.02-06-056 as set forth above.
8. Consolidated A.02-05-059, A.02-05-062, A.02-05-063, A.02-06-005, A.02-06-006, and A.02-06-056 are closed.
This order is effective today.
Dated , at San Francisco, California.
A P P E N D I X A
Alameda Corridor - East Construction Authority (ACE) proposes to modify existing grade-separated highway-rail crossings over Union Pacific Railroad Company's (UP) existing Alhambra Subdivision and existing Los Angeles Subdivision main lines, in the City of Pomona, Los Angeles County. Consolidated Application (A.) 02-05-059, A.02-05-062, A.02-05-063, A.02-06-005, A.02-06-006, and A.02-06-056 indicate the full details of the proposed modifications and more particularly as set forth below:
1. Modify Humane Way over UP's existing Los Angeles Subdivision main line through an addition of a third track crossing under the Humane Way Bridge (A.02-05-059), California Public Utilities Commission (CPUC) Crossing Number 3-29.80-A (Federal Department of Transportation Number 810820J).
2. Modify State Route (SR) 57 (Orange Freeway) over UP's existing Los Angeles Subdivision main line through an addition of a third track crossing under SR-57 Bridge (A.02-05-062), CPUC Crossing Number 3-28.60-A (Federal Department of Transportation Number 810818H).
3. Modify Temple Avenue over UP's existing Los Angeles Subdivision main line through an addition of a third track crossing under the Temple Avenue Bridge (A.02-05-063), CPUC Crossing Number 3-28.50-A (Federal Department of Transportation Number 810819P).
4. Modify SR-71 (Chino Valley Freeway) over UP's existing Los Angeles Subdivision main line through an addition of a third track crossing under the SR-71 Bridge (A.02-06-005), CPUC Crossing Number 3-30.00-A (Federal Department of Transportation Number 810821R).
5. Modify SR-71 over UP's existing Alhambra Subdivision main line through an addition of a storage track crossing under the SR-71 Bridge (A.02-06-006), CPUC Crossing Number B-512.40-A (Federal Department of Transportation Number 746923K).
6. Modify Humane Way over UP's existing Alhambra Subdivision main line through an addition of a storage track crossing under the Humane Way Bridge (A.02-06-056), CPUC Crossing Number B-512.10-A (no Federal Department of Transportation number).
A P P E N D I X B
PLANS
A P P E N D I X C
ENVIRONMENTAL DOCUMENTS
