Findings of Fact

1. Notice of the Application was published in the Commission's Daily Calendar on August 6, 2004. There are no unresolved matters or protests; a public hearing is not necessary.

2. The Harbor Department requests authority, under Public Utilities Code Sections 1201-1205, to construct an at-grade pedestrian-rail crossing adjacent to the intersection of O'Farrell Street and Harbor Boulevard, over one track owned by the Harbor Department and maintained by PHL, at milepost 4.90 of a spur off the San Pedro Subdivision Westway Lead Track in the City of Los Angeles, Los Angeles County.

3. The design plans for the proposed pedestrian crossing and associated warning devices were included in the Application and are shown in Appendix A attached to the Order.

4. The at-grade pedestrian-rail crossing is necessary to provide a practical route between Harbor Boulevard and the planned pedestrian parkway / waterfront promenade east of the track.

5. Public convenience, necessity, and safety require construction of the at-grade pedestrian-rail crossing.

6. Public safety requires that Commission Standard No. 8 (modified) warning devices, swing gates and supplementary signage, as shown in the plans attached to the application, be provided for both approaches to the crossing.

7. The Harbor Department is the lead agency for this project under CEQA, as amended.

8. The Harbor Department filed a Notice of Determination with the Los Angeles County Clerk on January 14, 2004.

9. The Commission is a responsible agency for this project, and has reviewed and considered the lead agency's MND.

10. Safety, transportation, and noise are within the scope of the Commission's permitting process.

11. The lead agency found that environmental impacts related to safety, transportation, and noise, were less than significant.