Findings of Fact

1. Notice of the application was published in the Commission Daily Calendar on March 22, 2001. There are no unresolved matters or protests; a public hearing is not necessary.

2. VTA requests authority to construct an at-grade crossing of the Woz Way/West San Carlos Street Intersection by the light rail transit line of the Vasona Light Rail Project in San Jose, Santa Clara County.

3. Construction of the proposed project is an essential element in the construction of the Vasona Light Rail Extension Project. The project is required in order to provide quality and accessible public transportation system in the Vasona/Highway 17 Corridor area within the Cities of San Jose, Campbell and Los Gatos. The goal is to construct a system that is convenient, is integrated with other rail and bus service, and which minimizes environmental effects on existing land uses to the extent practical. The benefits of the project include a reduction in automobile trips, improvements in air quality and a reduction in energy usage.

4. Santa Clara County, referred to as Silicon Valley, contains many high-tech companies from other nations. The growth of that industry has resulted in substantial increases in jobs and population in the County, and such growth is projected to continue.

5. The substantial growth and development that has taken place in Santa Clara County during the last decades has caused transportation system deficiencies in the Vasona Corridor, as well as throughout the County. To address the resulting increase in traffic demand on the County's transportation system, a comprehensive transportation plan was established. The plan identified the future deficiencies in the County's transportation system by identifying the planned transportation system improvements in relation to the existing need and anticipated population growth. One of the conclusions of the plan was that the Vasona Corridor was an important corridor to be considered for future transit improvements.

6. Public convenience and necessity require the construction of the at-grade crossing.

7. Public safety requires that the Woz Way/West San Carlos Street Intersection crossing be protected by combining the existing right-turn lane with the adjacent through lane. The westbound West San Carlos Street approach will be modified to provide a shared left-through lane. The stop bars for the eastbound approach will be pulled back to prevent vehicles from encroaching into the LRT dynamic envelope. Active "NO RIGHT TURN ON RED" signs, which will be activated during all westbound to southbound and northbound to eastbound LRT movements, will be placed for southbound and northbound Woz Way traffic. Active "TRAIN APPROACHING" icon signs will replace existing "TROLLEY COMING" signs. They will also be placed on all the sidewalk approaches crossing the tracks. Pedestrian ADA tactile strips will be placed on all the sidewalks crossing the tracks as well. In addition the intersection will be protected as more fully described and indicated in Appendices A and B.

8. VTA is the lead agency for this project under the CEQA, as amended, and the NEPA.

9. VTA prepared a Final EIR and a Final EIS in March 2000, State Clearinghouse Document #99032027, as shown in Appendix D.

10. The Final EIS/EIR was approved by U.S. Department of Transportation, Federal Transit Administration, pursuant to (State) Division 13, Public Resources Code (Federal) 42 U.S.C. 4332 (2) (c) on May 15, 2000.

11. 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."

12. The EIS analyzed 35 potential environmental impacts. Of that number, 18 were found to have potentially substantial or substantial 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.

13. The Commission is a responsible agency for this project, and has reviewed and considered the lead agency's Final EIS/Report for the Vasona Corridor Light Rail Transit Project, prepared for and approved by the FTA and the VTA.

14. The Commission finds that for each potentially substantial environmental impact identified in the EIS/EIR and as discussed in this decision, the lead agency adopted feasible mitigation measures to eliminate or substantially lessen the impacts.

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