Assignment of Proceeding

Richard Clark is the assigned Examiner in this proceeding.

Findings of Fact

1. The Commission published Notice of A.03-06-022 in the Commission Daily Calendar on June 23, 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 Lorena Street crossing in Los Angeles, Los Angeles County.

3. Public convenience and necessity require construction of the proposed crossing of MTA's ELRL tracks.

4. Public safety requires at the proposed 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, the proposed crossing will have train-actuated light emitting diode warning signs to give motorists and pedestrians warning of approaching trains. For intersections within its jurisdiction, City will coordinate traffic signals to the extent possible to provide priority to train traffic.

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

6. 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.

7. 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.

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

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

10. In a letter dated September 18, 2003, to MTA, RCES staff stated that MTA did not consider in the Application an alternative of continuing the ELRL tunnel segment to the east beneath Lorena Street. The staff requested that MTA file a Supplement with the Commission's Docket Office to provide detailed information on this alterative and to explain why MTA believes a separation of grades at Lorena Street is impracticable. MTA filed the Supplement on January 14, 2004.

11. MTA stated in the Supplement that the existence of a 72-inch storm sewer in Lorena Street with the top of the storm sewer located approximately 17.6 feet below the street surface makes impracticable the separation of grades by means of continuing the ELRL tunnel segment to the east beneath Lorena Street. MTA found impossible the construction of the tracks beneath Lorena Street within this vertical clearance envelope of 23.6 feet.

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. The Application is uncontested and a public hearing is not necessary.

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

ORDER

IT IS ORDERED that:

1. Los Angeles County Metropolitan Transportation Authority (MTA) is authorized to construct the proposed Lorena Street at-grade highway-rail crossing (crossing) across MTA's Eastside Corridor Light Rail Transit Line (ELRL) tracks, in Los Angeles, Los Angeles County, at the location and substantially as described and shown by plans attached to the Application and Appendix B attached to this order, identified as CPUC Crossing No. 84E-3.25.

2. MTA, in cooperation with the City of Los Angeles (City), shall ensure, at the proposed 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, MTA, at the proposed 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. MTA and City (parties) shall bear construction and maintenance costs in accordance with an agreement into which the parties have entered. Should the parties fail to agree, the Commission shall apportion the costs of construction and maintenance by further order.

4. 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.

5. 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.

6. The Commission grants the Application as set forth above.

7. Application 03-06-022 is closed.

This order becomes effective 30 days from today.

Dated May 27, 2004, at San Francisco, California.

A P P E N D I X A

ENVIRONMENTAL DOCUMENTS

A P P E N D I X B

PLANS

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