Assignment of Proceeding

Richard Clark is the assigned Examiner in this proceeding.

Findings of Fact

1. The Commission published Notice of the Application in the Commission Daily Calendar on July 24, 2002. There are no unresolved matters or protests; a public hearing is not necessary.

2. SANBAG requests authority, under Public Utilities Code Sections 1201-1205, to construct State Street/University Parkway Overhead grade-separated highway-rail crossing over the tracks of BNSF's Cajon subdivision main line between San Bernardino and Barstow in City of San Bernardino (University Parkway) and unincorporated area of the County of San Bernardino (State Street).

3. The construction of State Street/University Parkway Overhead grade-separated highway-rail crossing is required to reduce traffic delay and congestion and eliminate train/vehicle accidents. The proposed grade-separated highway-rail crossing of State Street/University Parkway, a major north-south arterial with existing interchanges at the I-215 Freeway and proposed interchange at the SR-210 Freeway, is necessary due to the frequency of rail traffic to and from the Los Angeles Basin, heavy rail traffic generated by the Ports of Long Beach and Los Angeles, and the frequent blockage by trains of the existing State Street/University Parkway at-grade highway-rail crossing.

4. Public convenience, necessity, and safety require construction of State Street/University Parkway Overhead grade-separated highway-rail crossing.

5. The State Street/University Parkway Overhead project ranks number 10 on the 2002-2003 Grade Separation Priority List adopted by D.02-06-041, dated June 27, 2002, in 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 Streets and Highways Code, for the fiscal year July 1, 2002, to June 30, 2003.

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

7. City, in cooperation with SANBAG and County, is the lead agency for this project under CEQA, as amended.

8. City filed a Notice of Exemption exempting this project from CEQA review under CEQA Guideline Section 15302, Class 2, which 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.

9. The Application further stated that the project has a Statutory Exemption under PR Code Section 21080.13, which exempts from CEQA "Any railroad grade separation project which eliminates an existing grade crossing or which reconstructs an existing grade separation."

10. The Commission is a responsible agency for this project and has reviewed and considered the lead agency's Categorical Exemption determination and the applicant's Statutory Exemption determination.

Conclusions of Law

1. We believe the lead agency reasonably concluded, pursuant to CEQA Guideline Section 15302, Class 2, and the applicant reasonably concluded, pursuant to PR Code Section 21080.13, that the proposed grade separation project is exempt from CEQA.

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

ORDER

IT IS ORDERED that:

1. San Bernardino Associated Governments (SANBAG), in cooperation with the City and County of San Bernardino (City and County), is authorized to construct State Street/University Parkway Overhead grade-separated highway-rail crossing over the tracks of The Burlington Northern and Santa Fe Railway Company's (BNSF) Cajon subdivision main line between San Bernardino and Barstow, in City of San Bernardino (University Parkway) and an unincorporated area of the County of San Bernardino (State Street), at the location and substantially as shown by plans attached to the Application and Appendix B of this order, identified as CPUC Crossing No. 2-76.6-A.

2. During the period of construction, the existing State Street/University Parkway at-grade highway-rail crossing, CPUC Crossing No. 2-76.6, may remain open to vehicular traffic. Upon completion of State Street/University Parkway Overhead grade-separated highway-rail crossing and its opening to vehicular traffic, City, County, and BNSF shall close, abandon, and physically remove the existing State Street/University Parkway at-grade highway-rail crossing, CPUC Crossing No. 2-76.6.

3. Clearances shall conform to General Order (GO) 26-D, except that during the period of construction the Commission authorizes a temporary impaired vertical clearance of not less than 21 feet, 6 inches above top of rail. The Commission authorizes BNSF to operate with such reduced overhead clearance provided that the railroad issues instructions and files, with Commission's Rail Crossings Engineering Section (RCES), the instructions forbidding employees to ride on tops of cars beneath the structure.

4. SANBAG shall notify RCES and BNSF at least 15, but not more than 30, days in advance of the date of the creation of the temporary impaired clearances.

5. Walkways shall conform to GO 118. SANBAG, City, County, and BNSF shall maintain walkways adjacent to any trackage subject to rail operations free of obstructions and shall promptly restore walkways to their original condition in the event of damage during construction.

6. SANBAG, in cooperation with City and County, and BNSF shall bear construction and maintenance costs in accordance with an agreement between SANBAG and BNSF (parties). SANBAG shall file a copy of the agreement, together with plans approved by BNSF, with RCES prior to commencing construction. Should the parties fail to agree, the Commission shall apportion the costs of construction and maintenance by further order.

7. Within 30 days after completion of the work under this order, BNSF shall notify RCES in writing, by submitting a completed standard Commission Form G (Report of Changes at Highway Grade Crossings and Separations), of the completion of the authorized work.

8. This authorization shall expire if not exercised within three years unless time is extended or if the above conditions are not complied with. The Commission may revoke or modify authorization if public convenience, necessity or safety so require.

9. The Application is granted as set forth above.

10. Application 02-07-028 is closed.

This order becomes effective 30 days from today.

Dated January 30, 2003, at San Francisco, California.

A P P E N D I X A

ENVIRONMENTAL DOCUMENT

A P P E N D I X B

PLANS

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