Assignment of Proceeding

Richard Clark is the assigned Examiner in this proceeding.

Findings of Fact

1. The Commission published Notice of A.03-09-019 in the Commission Daily Calendar on September 12, 2003. There are no unresolved matters or protests; a public hearing is not necessary.

2. MTA requests authority, under Public Utilities Code Sections 1201-1205, to construct, as part of MTA's ELRL project, the proposed at-grade highway-rail crossings across Mission Road, Anderson Street, Utah Street, and Clarence Street and the proposed at-grade pedestrian-rail crossings across Gless Street, in Los Angeles, Los Angeles County. MTA will prohibit automotive vehicle traffic across the two light rail tracks at Gless Street. Only light rail trains will operate on the tracks in First Street, which MTA, in cooperation with City, will pave. However, emergency vehicles, such as fire trucks, police cars, and ambulances, can access the tracks.

3. RCES concurs with MTA's assertion that a separation of grades of the five crossings is impracticable at this location.

4. Public convenience and necessity require construction of the proposed at-grade pedestrian-rail crossing and the four proposed at-grade highway-rail crossings of MTA's ELRL tracks.

5. Public safety requires, at each of the four proposed at-grade highway-rail crossings and the proposed at-grade pedestrian-rail crossing, the installation of traffic signals for motorists and pedestrians and dedicated train signals (lunar white bar indications) for the train operators. To further enhance safety on the ELRL, each of the four proposed at-grade highway-rail crossings and the proposed at-grade pedestrian-rail crossing will have train-actuated light emitting diode warning signs to give warning of approaching trains to motor vehicle operators and pedestrians. For intersections within its jurisdiction, City of Los Angeles will coordinate traffic signals to the extent possible to provide priority to train traffic.

6. MTA is the lead agency for this project under CEQA, as amended.

7. In approving the project on February 28, 2002, the MTA Board of Directors adopted the Final SEIS/SEIR for the Los Angeles Eastside Corridor (SCH No. 1999081061) and found that "The project will have a significant effect on the environment." Mitigation measures were made a condition of the approval of the project. Findings were made pursuant to the provisions of CEQA. An SOC was adopted for this project.

8. The Commission is a responsible agency for this project and has reviewed and considered the lead agency's Final SEIS/SEIR, NOD, and the SOC. We find these documents to be adequate for our decision-making purposes.

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

10. For the approved project, the lead agency identified environmental impacts related to safety, transportation and noise.

Conclusions of Law

1. With respect to significant impacts from safety, transportation and noise, we find that the lead agency adopted feasible mitigation measures where possible to substantially lessen the environmental impacts to a less-than-significant level. With respect to the significant and unavoidable environmental impacts, we find that MTA enumerated several significant benefits to justify project approval. Therefore, we also adopt the SOC for purposes of our approval.

2. With respect to the practicability of grade separating the proposed crossings, we find that MTA convincingly demonstrated that a separation of grades at the location of the five proposed crossings is impracticable.

3. The Application should be granted as set forth in the following order.

ORDER

IT IS ORDERED that:

1. The Los Angeles County Metropolitan Transportation Authority (MTA) is authorized to construct the four proposed two-track at-grade highway rail crossings across Mission Road, Anderson Street, Utah Street, and Clarence Street and the proposed two-track at-grade pedestrian-rail crossing across a pedestrian crosswalk at Gless Street, of MTA's Eastside Corridor Light Rail Transit Line (ELRL), in the City of Los Angeles (City), Los Angeles County, at the locations and substantially as described in and as shown by plans attached to the Application, as described in Appendix A attached to this order and as shown by plans in Appendix B attached to this order.

2. MTA, in cooperation with City, shall ensure, at each of the four at-grade highway-rail crossing and the proposed at-grade pedestrian-rail crossing, the installation of traffic signals for motorists and pedestrians and dedicated train signals (lunar white bar indications) for train operators. To further enhance safety on the ELRL, MTA, at each of the four proposed at-grade highway-rail crossings and the proposed at-grade pedestrian-rail crossing, shall install train-actuated light emitting diode warning signs to give motorists and pedestrians warning of approaching trains. For intersections within its jurisdiction, City shall coordinate traffic signals to the extent possible to provide priority to train traffic.

3. Clearances and walkways shall conform to all applicable Commission General Orders.

4. MTA shall bear construction and design costs of the project in accordance with the Master Cooperative Agreement between MTA and City (parties). MTA shall operate and maintain the tracks, traffic signal detector loops in the track area, facilities, appurtenances, and right-of-way. The parties shall share costs associated with maintenance of each of the four proposed at-grade highway-rail crossings and the proposed at-grade pedestrian-rail crossing to conform to Commission General Order 72-B. City shall bear the costs associated with maintenance of the train signals and vehicle traffic signals at each of the four proposed at-grade highway-rail crossings and the proposed at-grade pedestrian-rail crossing. 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, MTA shall notify the Commission's Consumer Protection and Safety Division - Rail Crossings Engineering Section in writing, by submitting a completed standard Commission Form G (Report of Changes at Highway Grade Crossings and Separations), of the completion of the authorized work.

6. This authorization shall expire if not exercised within two 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 the Application as set forth above.

8. Application 03-09-019 is closed.

This order becomes effective 30 days from today.

Dated March 16, 2004, at San Francisco, California.

A P P E N D I X A

As part of the project to construct the Eastside Corridor Light Rail Transit Line (ELRL), the Los Angeles County Metropolitan Transportation Authority (MTA) proposes to construct four two-track at-grade highway-rail crossings across Mission Road, Anderson Street, Utah Street, and Clarence Street and a two-track at-grade pedestrian-rail crossing across Gless Street in the City of Los Angeles (City), Los Angeles County. Application 03-09-019 indicates the full details of the four proposed at-grade highway-rail crossings and the proposed at-grade pedestrian-rail crossing and more particularly as set forth below:

At-grade Crossing CPUC Crossing No.

Mission Road 84E-1.19

Anderson Street 84E-1.26

Utah Street 84E-1.34

Clarence Street 84E-1.41

Gless Street 84E-1.48-D

Note: MTA, in cooperation with City, shall ensure, at each of the four proposed at-grade highway-rail crossings and the proposed at-grade pedestrian-rail crossing, the installation of traffic signals for motorists and pedestrians and dedicated train signals (lunar white bar indications) for train operators. To further enhance safety on the ELRL, MTA, at each of the four proposed at-grade highway-rail crossings and the proposed at-grade pedestrian-rail crossing, shall install train-actuated light emitting diode warning signs to give motorists and pedestrians warning of approaching trains. For intersections within its jurisdiction, City shall coordinate traffic signals to the extent possible to provide priority to train traffic.

A P P E N D I X B

PLANS

A P P E N D I X C

ENVIRONMENTAL DOCUMENTS

Previous PageTop Of PageGo To First Page