Findings of Fact
1. Notice of the application was published in the Commission Daily Calendar on March 13, 2002. There are no unresolved matters or protests; a public hearing is not necessary.
2. VTA requests authority, under Public Utilities Code Sections 1201-1205, to construct an at-grade rail-to-rail crossing. The crossing is a proposed crossing of the LRT line of the Vasona Light Rail Project, south of Auzerais Avenue across the existing UP freight line in San Jose, Santa Clara County.
3. Public convenience and necessity require the construction of the at-grade light rail crossing.
4. VTA is the lead agency for this project under CEQA, as amended, and NEPA.
5. The Commission is a responsible agency for this project and has reviewed and considered VTA's environmental documentation upon which VTA relied in adopting mitigation measures for the project.
6. VTA prepared a Final EIS/EIR in March 2000, State Clearinghouse Document #99032027, as shown in Appendix B.
7. The Final EIS/EIR was approved by U.S. Department of Transportation, FTA, pursuant to (State) Division 13, PR Code (Federal) 42 U.S.C. 4332 (2) (c) on May 15, 2000.
8. A Notice was filed on May 4, 2000, with the State Secretary of Resources - Office of Planning and Research, which stated that "the project will not have a significant effect on the environment."
9. The EIS analyzed 35 potential environmental impacts. Of that number, 18 were found to have potentially significant or significant effects. However, mitigation measures were adopted and will be implemented as specified by the lead agency to either eliminate or substantially lessen those environmental impacts.
10. VTA's environmental documents are adequate for our decision-making purposes.
11. Safety, transportation and noise are within the scope of the Commission's permitting authority.
12. The Commission is a responsible agency for this project, and has reviewed and considered the lead agency's Final EIS/EIR for the Vasona Corridor Light Rail Transit Project, prepared for and approved by the FTA and the VTA.
13. The EIS /EIR did not identify any impacts from the project related to safety.
14. The Commission finds that for each potentially substantial environmental impact identified in the EIS/EIR within the scope of the Commission's permitting authority and discussed in this decision, the lead agency adopted feasible mitigation measures to eliminate or substantially lessen the impacts to less-than-significant levels.
1. There are no protests or unresolved matters; a public hearing is not necessary.
2. We adopt and require the mitigation measures identified in VTA's Final EIS/EIR for purposes of our project approval.
3. The application should be granted as set forth in the following order.
IT IS ORDERED that:
1. Santa Clara Valley Transportation Authority (VTA) is authorized to construct an at-grade rail-to-rail crossing to be identified as CPUC Crossing 82D-4.2-T by the light rail transit line of the Vasona Light Rail Project in City of San Jose, Santa Clara County.
2. Clearances shall be in accordance with General Orders (GO) 26-D, 95 and 143-B.
3. Walkways shall be in accordance with GO 118. Walkways adjacent to any trackage subject to rail operations shall be maintained free of obstructions and shall be promptly restored to their original condition in the event of damage during construction.
4. Safety shall be provided by a manually controlled and signaled electric lock placed on the Union Pacific Railroad Company (UP) freight line a sufficient distance in advance of the at-grade rail-to-rail crossing. Operation of UP trains through the crossing shall require that, in the presence of a VTA supervisor, UP requests permission to open the electric lock from the VTA operations control center. Once permission is received and the switch is unlocked, signals affecting VTA train movement through the crossing shall display a "stop" indication, which will result in southbound VTA light rail trains being held at San Jose/Diridon Station and northbound trains being held at Race Street Station. Light rail operations past the crossings home signals shall be suspended until the UP operations are completely clear of the crossing, the electric lock is returned to the locked position, and light rail trains receive a proceed indication. Design, construction, and operation of the interlocking plant and crossing shall comply with the requirements of Commission GO 143-B, GO 164-C, and the Federal Railroad Administration.
5. Prior to construction, VTA shall file with the Consumer Protection and Safety Division's Rail Crossings Engineering Section (RCES) final construction plans.
6. Within 30 days after completion of the work under this order, VTA shall notify RCES in writing, by submitting a completed standard Commission Form G (Report of Changes at Highway-Rail Grade Crossings and Separations) that the authorized work is completed.
7. 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.
8. The application is granted as set forth above.
9. Application 02-03-008 is closed.
This order becomes effective 30 days from today.
Dated_________, at San Francisco, California.
