Findings of Fact

1. Notice of the application was published in the Commission Daily Calendar on February 15, 2002. No protests have been received. A public hearing is not necessary.

2. City requests authority, under Public Utilities Code Sections 1201-1205, to reconstruct the existing Avenue S overhead grade separation bridge structure over UP's Colton Cutoff tracks in Palmdale, Los Angeles County.

3. The Avenue S overhead grade separation will serve public need by providing a safe access route over the railroad tracks.

4. Public convenience, necessity and safety require the reconstruction of Avenue S overhead grade separation bridge structure.

5. A temporary impaired vertical clearance of 21 feet 0 inches will be required during construction.

6. City is the lead agency for this project under CEQA, as amended. On April  18, 2001, City filed with the Los Angeles County Clerk's Office a Notice of Determination, which found that (1) the project will not have a significant effect on the environment, and (2) the City approved a Mitigated Negative Declaration, dated April 11, 2001 for the Avenue S Corridor Widening project, which encompasses the subject grade separation reconstruction.

7. The Commission is a responsible agency for this project and has reviewed and considered the City's Notice of Determination and Mitigated Negative Declaration.