Assignment of Proceeding

Michael R. Peevey is the Assigned Commissioner and Victor D. Ryerson is the assigned ALJ in this proceeding.

Findings of Fact

1. The authority ACTA seeks in this application is that which is represented by the Application filed March 19, 2002, as amended and supplemented on November 4, 2002, and December 17, 2002.

2. The proposed grade separation to carry the Pacific Coast Highway across ACTA's main tracks, Alameda Street, and the former SPTC San Pedro Branch will alleviate traffic congestion on the Pacific Coast Highway and intersecting streets and roadways, improve safety on the Pacific Coast Highway and other roadways which currently cross ACTA's tracks and the San Pedro Branch at grade, conserve energy, reduce air pollution in the vicinity, and facilitate the shipment of freight to and from the Ports of Long Beach and Los Angeles.

3. Public convenience, necessity, and safety require the construction of this grade separation and associated private crossing to the Equilon (Shell) property, and the physical removal of all existing at-grade crossings, in the manner set forth in the amended and supplemented Application.

4. The Commission is a responsible agency for this project under the California Environmental Quality Act (CEQA), and has reviewed and considered the lead agency's determination that this project is exempt hereunder.

Conclusions of Law

1. Under Public Resources Code Section 21080.13, the activity is exempt from the requirements set forth in CEQA; therefore the guidelines (14 Cal. Admin. Code - Division 6) concerning the evaluation of projects and the preparation and review of environmental documents do not apply.

2. The public interest will be well served by construction of this grade separation and private crossing. The proposed design addresses all of our concerns regarding safety and compliance with our GOs, and the proposal contains appropriate provisions for public safety and the accommodation of traffic flow while construction is in progress.

3. The application should be granted as set forth in our order.

4. This order should be effective today to allow the expeditious construction of the grade separation and private crossing.

ORDER

IT IS ORDERED that:

1. The Alameda Corridor Transportation Authority (ACTA) is authorized to construct a new grade separation of Pacific Coast Highway over ACTA's main tracks and the former Southern Pacific Transportation Company San Pedro Branch as set forth in ACTA's amended and supplemented Application, as described above.

2. The authority granted herein includes authorization to close affected crossings, construct temporary crossings, and establish a new private crossing, as described in the amended and supplemented Application.

3. All work shall be completed in accordance with applicable General Orders (GOs) of this Commission, including GO 72, GO 26-D (clearances), and GO 118 (walkways).

4. During construction, walkways adjacent to any trackage subject to rail operations shall be maintained free of obstructions and shall be promptly restored to their original conditions in the event of damage during construction.

5. This grade separation project shall be constructed at the expense of the California Department of Transportation (CalTrans) and ACTA. Construction and maintenance costs shall be borne by those parties in accordance with agreements between ACTA, Caltrans, and the City of Los Angeles; and the private driveway at-grade crossing will be maintained pursuant to the maintenance program for the Alameda Corridor in conformity with all applicable Commission regulations and standards. Should the parties fail to agree upon allocation of the responsibility for construction and maintenance costs, the Commission will apportion such costs by further order.

6. Within 30 days after completion of the work under this order, ACTA shall notify the Commission in writing that the authorized work has been completed.

7. This authorization shall expire if not exercised within three years, unless the time is extended, or the foregoing conditions are not satisfied. This authority may be revoked or modified if public convenience, necessity or safety so require.

8. Application 02-03-027 is closed.

This order is effective immediately.

Dated May 8, 2003, at San Francisco, California.

Previous PageTop Of PageGo To First Page