Conclusions of Law

1. The application is uncontested and a public hearing is not necessary.

2. The application should be granted as set forth in the following order.

3. The environmental documents adopted by the City of Palo Alto are adequate for our decision-making purposes.

4. The City of Palo Alto will not create an unsafe condition by building a bicycle/pedestrian path on the west side of the tracks of the Peninsula Corridor Joint Powers Board (JPB), between Churchill Avenue and Encina Avenue, in the City of Palo Alto, Santa Clara County.



1. Clearances with respect to the City of Palo Alto's (City) bicycle/pedestrian path shall be in accordance with General Order (GO) 26-D.

2. Walkways shall conform to GO 118. Walkways adjacent to any trackage subject to rail operations shall be maintained free of obstructions and shall be promptly restored to their original condition in the event of damage during construction.

3. Construction and maintenance costs shall be borne in accordance with an agreement to be entered into between parties. A copy of this agreement shall be filed by the City with the Commission's Consumer Protection and Safety Division (CP&SD), prior to commencing construction. Should the parties fail to agree, the Commission will apportion the costs of construction and maintenance by further order.

4. The City shall file the final construction plans, as approved by the Peninsula Corridor Joint Powers Board with CP&SD prior to commencing construction.

5. Within 30 days after completion of the work under this order, the City shall advise the CP&SD staff in writing that the authorized work has been completed.

6. This finding shall expire if not exercised within four years unless time is extended or if the above conditions are not complied with. This finding may be revoked or modified if public convenience, necessity, or safety so require.

7. This application is granted as set forth.

8. Application 01-11-047 is closed.

This order becomes effective 30 days from today.

Commissioner Geoffrey F. Brown,

being necessarily absent, did not


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