III. Discussion

County is the lead agency for this project under the California Environmental Quality Act of 1970 (CEQA), as amended, Public Resources (PR) Code Sections 21000, et seq. County has determined that this project, the elimination of an existing at-grade crossing, is categorically exempt from the reporting requirements of CEQA under PR Code Section 21080.13.

This Commission is a responsible agency for this project under CEQA and has reviewed and considered the lead agency's exemption determination. We also find that grade separations which eliminate existing at-grade crossings are statutorily exempt from the requirements of CEQA pursuant to PR Code Section 21080.13 and CEQA Guidelines Section 15282(h). The existing Seventh Standard Road at-grade crossing and adjacent areas have been inspected by the Commission's Consumer Protection and Safety Division-Rail Crossings Engineering Section staff. After reviewing the need for and safety of the proposed Seventh Standard Road Overhead, staff recommends that County's request be granted.

The application was found to be in compliance with the Commission's filing requirements, including Rule 38 of the Commission's Rules of Practice and Procedure, which relates to the construction of public highway crossings and separations over a railroad. A site map and drawing of the proposed overhead crossing structure are attached as Appendix A to this decision.