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. VTA requests authority to construct an at-grade crossing at West San Carlos Street 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 services, 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. 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.

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

6. Public safety requires that the at-grade crossing be protected by the installation of four PUC Standard No. 9 automatic flashing light signals with gates, as specified in GO 75-C. In addition, four pedestrian barricades will also be installed in order to prevent pedestrian access.

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

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

9. 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.

10. A Notice of Determination was filed on May 8, 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/EIR 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.

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

13. Safety and security, transportation and noise are within the scope of the Commission's permitting 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 and as discussed in this decision, the lead agency adopted feasible mitigation measures to eliminate or substantially lessen the impacts.