Discussion

SANBAG proposes to construct State Street/University Parkway Overhead grade-separated highway-rail crossing to accommodate the traffic flow in the City of San Bernardino (City) and an unincorporated area of the County of San Bernardino (County). State Street/University Parkway is a major north-south arterial with existing interchanges at Interstate (I) 215 Freeway and a proposed interchange at State Route (SR) 210 Freeway. Due to the increasing frequency of rail traffic to and from the Los Angeles Basin and heavy rail traffic generated by the Ports of Long Beach and Los Angeles, trains frequently block the existing State Street/University Parkway at-grade highway-rail crossing. Since the installation of automatic gates at the existing at-grade highway-rail crossing on July 25, 1967, 11 accidents between trains and motor vehicles occurred, resulting in a total of three fatalities and three injuries. Total rail traffic is approximately 98 trains (including Amtrak service) each day.

The proposed grade-separated highway-rail crossing will carry State Street/University Parkway over Cajon Boulevard, two existing tracks, and two proposed storage tracks by means of a four-span reinforced concrete structure. The total length of the bridge along the roadway will be approximately 494 feet, measured back-to-back of abutments. Abutments and bents will be reinforced concrete. The proposed overhead structure will include two 12-foot vehicular lanes, one 8-foot shoulder, and one 5-foot sidewalk in each direction of traffic and a 16-foot painted median, for a total width of 90 feet. SANBAG advised that construction may require timber falsework spanning the existing tracks. Consequently, SANBAG requested a temporary impaired vertical clearance of 21 feet, 6 inches during construction.

The existing State Street/University Parkway at-grade highway-rail crossing will remain open during construction. Upon completion of the grade-separated highway-rail crossing and its opening to vehicular traffic, City, County, and BNSF will close and abandon the existing State Street/University Parkway at-grade highway-rail crossing.

The State Street/University Parkway Overhead project ranks number 10 in the 2002-2003 Grade Separation Priority List adopted by Decision (D.) 02-06-041, dated June 27, 2002, in Order Instituting Investigation (I.) 01-07-008. The Grade Separation Priority List prioritized the projects most urgently in need of grade separation, pursuant to Section 2452 of the California Streets and Highways Code, for the fiscal year July 1, 2002, to June 30, 2003.

City, in cooperation with SANBAG and County, is the lead agency for this project under the California Environmental Quality Act of 1970 (CEQA, as amended in 1982), as stated in Public Resources (PR) Code Section 21000 et seq. City filed with the State Clearinghouse and San Bernardino County Clerk a Notice of Exemption, which finds that the project is Categorically Exempt from CEQA under CEQA Guideline Section 15302, Class 2. Appendix A of this order is a copy of the Notice of Exemption. Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The State Street/ University Parkway Overhead grade-separated highway-rail crossing project characteristics are consistent with the definition of a Class 2 Categorical Exemption. The Application further states that the project also has a Statutory Exemption under PR Code 21080.13, which exempts from CEQA "Any railroad grade separation project which eliminates an existing grade crossing or which reconstructs an existing grade separation." This project will eliminate the existing State Street/University Parkway at-grade highway-rail crossing, CPUC Crossing No. 2-76.6.

The Commission is a responsible agency for this project under CEQA. CEQA requires that the Commission consider that portion of the environmental consequences of a project within its area of expertise subject to its discretionary approval. In particular, to comply with CEQA, a responsible agency must consider the lead agency's Environmental Impact Report or Negative Declaration prior to acting upon or approving the project (CEQA Guideline Section 15050(b)). CEQA Guideline Section 15096 contains the specific activities that a responsible agency must conduct.

The Commission has reviewed and considered the lead agency's Categorical Exemption determination and the applicant's Statutory Exemption determination. We are not aware of any information that would suggest that the lead agency's exemption classification was inappropriate in this instance. We find that the lead agency reasonably concluded, pursuant to CEQA Guideline Section 15302, Class 2, and that the applicant reasonably concluded, pursuant to PR Code Section 21080.13, that the proposed grade-separation project qualifies for an exemption from CEQA. Accordingly, we adopt the lead agency's and applicant's findings of exemption for purposes of our project approval.

The Commission's Consumer Protection and Safety Division - Rail Crossings Engineering Section (RCES) has inspected the site of the existing State Street/University Parkway at-grade highway-rail crossing and the site of the proposed State Street/University Parkway Overhead grade-separated highway-rail crossing project. After reviewing the need for and the safety of the proposed State Street/University Parkway grade-separated highway-rail crossing, RCES recommends that the Commission grant SANBAG's request.

The Application is in compliance with the Commission's filing requirements, including Rule 38 of Rules of Practice and Procedure, which relates to the construction of public highway crossings and separations over a railroad. A site map and detailed drawings of the State Street/University Parkway Overhead grade-separated highway-rail crossing are shown in Appendix B attached to this order.

In Resolution ALJ 176-3092, dated August 8, 2002, and published in the Commission Daily Calendar on August 9, 2002, the Commission preliminarily categorized this Application as ratesetting, and preliminarily determined that hearings were not necessary. Since no protests were filed and no hearings were held, this preliminary determination remains accurate. Given these developments, it is not necessary to disturb the preliminary determinations made in Resolution ALJ 176-3092. The Commission's Consumer Protection and Safety Division recommends that the Commission grant this Application.

This is an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Public Utilities Code Section 311(g)(2), we waive the otherwise applicable 30-day period for public review and comment.