Discussion

The Harbor Department plans to construct a pedestrian area, referred to as the "Harbor Boulevard Pedestrian Parkway" (Parkway), along the waterfront on the east side of Harbor Boulevard and east of the tracks. As part of this project, the Harbor Department proposes to construct an at-grade pedestrian-rail crossing to provide access between the business and residential area on the west side of Harbor Boulevard, and the Parkway east of the tracks.

In October 2000, as preparation for commencement of the Waterfront Red Car Line historical streetcar service, the Harbor Department submitted a request to the Commission's Consumer Protection and Safety Division - Rail Crossings Engineering Section (RCES) staff to modify six at-grade highway-rail crossings in the vicinity of Harbor Boulevard, pursuant to Commission General Order (GO) 88-A. Upon authorization by RCES staff in November 2000, the O'Farrell Street at-grade highway-rail crossing was closed to both pedestrian and vehicle traffic. The Harbor Department now proposes to open a pedestrian crossing at the same location as the previous vehicular crossing, but in an entirely different configuration.

Under the proposed project, the track and signals will be owned by the Harbor Department, and maintained by Pacific Harbor Line, Inc. (PHL), a corporation providing railroad switching, dispatching and maintenance services within the vicinity of the Ports of Los Angeles and Long Beach.

The Harbor Department operates the Waterfront Red Car Line historical streetcar service and PHL operates freight trains over this crossing. Historical streetcar and freight operations are operated on a temporally separated basis. Maximum speed in the vicinity of the crossing is 15 mph for the historical streetcar operation, and 10 mph for freight operation. There are currently between 42 and 54 daily streetcar movements through the crossing, during the hours of 10 a.m. and 6 p.m., four days a week. There are approximately 2 freight train movements through the crossing, after 7 p.m., five days a week.

The Harbor Department proposes to install two CPUC Standard No. 8 (flashing light signals, as defined in GO 75-C) warning devices and 3 ½-foot high self-closing gates on the approaches to the pedestrian crossing. The Harbor Department will modify the Standard No. 8 warning devices by installing one CPUC Standard No. 1-D (pedestrian and bicycle railroad grade crossing sign, as defined in GO 75-C) sign, in lieu of the "RAILROAD CROSSING" (Crossbuck) sign, below each pair of flashing light signals facing the approaches to the crossing. The "Trolley Look Both Ways" (CA Code W82-1) sign will be installed on the rear of each Standard No. 8 (modified) warning device such that it is visible by pedestrians in the crossing area. The CA Code W82-1 sign will be mounted on each of the self-closing gates. This warning device is detailed in the application, and is shown in Appendix A attached to the Order. The proposed modifications to the Standard No. 8 warning devices are intended to allow pedestrians better visibility of the signs and flashing light signals.

The Harbor Department is the lead agency for this project under the California Environmental Quality Act of 1970 (CEQA, as amended in 1982), as stated in Public Resources Code Section 21000, et seq. On January 14, 2004, in compliance with CEQA, the Harbor Department filed the Notice of Determination with the County of Los Angeles, attached in Appendix B. It states that the project will not have a significant effect on the environment, but that mitigation measures were made a condition of project approval. A Mitigated Negative Declaration (MND) was prepared for the project.

The Commission is a responsible agency for this project under CEQA. CEQA requires that the Commission consider the environmental consequences of a project subject to its discretionary approval. In particular, to comply with CEQA, a responsible agency must consider the lead agency's EIR or Negative Declaration prior to acting upon or approving the project (CEQA Guideline Section 15050(b)). The specific activities that a responsible agency must conduct are contained in CEQA Guideline Section 15096.

The Commission reviewed and considered the lead agency's MND and found it adequate for our decision-making purposes. Safety, transportation, and noise are within the scope of the Commission's permitting process. The MND found that the environmental impacts related to safety, transportation, and noise were less than significant.

The MND did not identify noise impacts related to the proposed pedestrian-rail crossing. The MND asserts on page 3-57 that "activities associated with the use of the promenade facilities and other project components would not generate substantial levels of noise."

The MND found that the project would have a less-than-significant impact to transportation/traffic concerns. In addition, it asserts that safety would not be significantly impacted:

Would the project substantially increase hazards because of a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?

Less than significant impact. The project would be within an existing commercial and industrial area. The promenade component of the project would be adjacent to an existing north-south railroad track that runs parallel to and east of Harbor Boulevard. The Waterfront Red Car Line currently runs from the Cruise Terminal at Swinford Street, and 1.5 miles south to 22nd and Miner Streets. These tracks would separate Harbor Boulevard from the promenade. Pedestrian crossings at O'Farrell, First Street, or Fifth Street will remain to provide access to the promenade area. The current configuration of the intersections at Swinford Street, First Street, and Fifth Street involves existing rail crossings with warning lights and crossing arms. Because of the existing safety systems, impacts are considered less than significant. No other design features of the project would result in a risk to vehicles or pedestrians. (Page 3-75. Los Angeles Harbor Department. Waterfront Gateway Development Project Mitigated Negative Declaration. November 2003.)

Although the MND does not specifically discuss the configuration of the proposed pedestrian crossing at O'Farrell Street, RCES staff worked with the Harbor Department to implement safety measures in the proposed design through incorporation of automatic warning devices and swing gates, among other items. Accordingly, with implementation of these safety measures we find that with respect to noise, transportation and safety, the project will not have a significant effect on the environment. Therefore, we adopt the MND for purposes of our approval.

RCES staff inspected the site of the proposed crossing. After reviewing the need for and the safety of the proposed crossing, RCES recommends that the Commission grant the Harbor Department's request.

The Application is in compliance with the Commission's filing requirements, including Rule 38 of Rules of Practice and Procedure, which relates to the construction of a public highway across a railroad.