Findings of Fact

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

2. Santa Clara Valley Transportation Authority (VTA) requests authority to construct grade separated crossings at I-280 and Meridian Avenue 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 which 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, safety and necessity require the construction of the grade separated crossings.

7. VTA is the lead agency for this project under the California Environmental Quality Act of 1970 (CEQA), as amended, and the National Environmental Policy Act (NEPA).

8. VTA prepared a Final Environmental Impact Report (EIR) and a Final Environmental Impact Statement in March 2000, State Clearinghouse Document #99032027, as shown in Appendix C.

9. The Final Environmental Impact Statement/Environmental Impact Report 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.

10. A Notice of Determination 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."

11. 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.

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

13. The Commission is a responsible agency for this project, and has reviewed and considered the lead agency's Final Environmental Impact Statement/Report for the Vasona Corridor Light Rail Transit Project, prepared for and approved by the Federal Transit Administration and the Santa Clara Valley Transportation Authority.

14. The EIS/EIR did not identify any impacts from the project related to safety and security

15. The Commission finds that for each potentially substantial environmental impact identified in the EIS/EIR within the scope of the Commission's permitting process and discussed in this decision, the lead agency adopted feasible mitigation measures to eliminate or substantially lessen the impacts to less than significant levels.

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