Discussion
The Cities request authority to close and remove the North Rockvale Avenue and Palm Drive private crossings and to construct the Palm Drive and Citrus Avenue grade separations. The construction of the Palm Drive and Citrus Avenue grade separations is necessary to provide access into a proposed 1,250-unit residential development at the site of the current Monrovia Nursery Company. The proposed project will enhance public safety by closing the private crossings and constructing the new public crossings as grade separations.
The Palm Drive private crossing currently serves as the main entrance into Monrovia Nursery. Nursery employees, visitors, and delivery vehicles currently cross the private crossing. The proposed Palm Drive and Citrus Avenue grade separations will eliminate potential train - motor vehicle traffic conflicts and safety hazards associated with motorists and pedestrians accessing the proposed residential development. Palm Drive and Citrus Avenue will function as the two southerly access routes into the proposed residential development. Project traffic studies determined that the average daily traffic volumes on Palm Drive and Citrus Avenue upon completion of the residential development will be 2,554 vehicle trips and 3,836 vehicle trips, respectively.
The proposed Citrus Avenue grade separation will also be adjacent to a conceptually planned new light rail transit station on MTA's Blue Line. This station would service the proposed residential development and students from the adjacent Azusa Pacific University and Citrus College. Thus, the proposed Citrus Avenue grade separation will avoid traffic conflicts and safety hazards associated with access to the light rail transit station.
The proposed Palm Drive and Citrus Avenue grade separation bridge structures will provide width for walkways and will provide a minimum of 15 feet of vertical clearance as required under Commission General Order 118. Each bridge structure will consist of one track for BNSF trains and will provide adequate cross-sectional width to accommodate two additional proposed tracks.
The City of Azusa is the lead agency for this project under the California Environmental Quality Act of 1970 (CEQA), as amended in 1982 and as stated in Public Resources (PR) Code Section 21000 et seq. The City of Azusa prepared the Monrovia Nursery Specific Plan and Project Draft Environmental Impact Report (Draft EIR), assigned State Clearinghouse (SCH) Number 2002071046, for the project in October 2002. On February 18, 2003, the City of Azusa approved the project and adopted the Final EIR. On February 19, 2003, in compliance with PR Code Sections 21152, the City of Azusa filed a Notice of Determination (NOD) with the State Clearinghouse and the Los Angeles County Clerk. The NOD is attached to Appendix A of the order. The NOD concluded that the project will have a significant effect on the environment. Mitigation measures were made a condition for project approval. Findings were made pursuant to the provisions of CEQA. The City of Azusa adopted a "Statement of Overriding Considerations" (SOC) for this project.
The Commission is a responsible agency for this project under CEQA. CEQA requires that the Commission consider the environmental consequences of a project 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)). The specific activities that a responsible agency must conduct are contained in CEQA Guideline Section 15096.
The Commission has reviewed the lead agency's environmental documents. We find the documents adequate for our decision-making purposes. These documents include the Monrovia Nursery Specific Plan and Project Draft EIR (SCH No. 2002071046), prepared by the City of Azusa. In considering this document, we note that the Draft EIR developed and evaluated a range of alternatives, including a "No Development Alternative" and a "No Project Alternative." The Draft EIR included an analysis of potential environmental impacts related to the project and alternatives related to, among other items, transportation and traffic, land use and planning, air quality, and noise. Safety, transportation and noise are within the scope of the Commission's permitting process. The City of Azusa identified environmental impacts related to transportation/traffic and noise. The Draft EIR contains statements pertaining to the scope and methodology, environmental setting, significance criteria, environmental impacts, mitigation measures, and unavoidable significant adverse impacts.
The Draft EIR identified significant impacts related to transportation and traffic. The significant impacts relate to intersection levels of service and access. The implementation of the mitigation measures stated in the Draft EIR would reduce the transportation and traffic impacts to less-than-significant levels.
The Draft EIR also identified significant impacts related to noise. The significant impacts relate to railroad and construction noise. The implementation of the mitigation measures stated in the Draft EIR would reduce the interior noise and railroad noise to less-than-significant levels. The Draft EIR concluded that horn noise from trains at the existing Palm Drive private crossing is a significant adverse impact. The proposed Palm Drive grade separation would eliminate that impact. Implementation of the mitigation measures would reduce construction noise impacts, although not to less-than-significant levels. Construction activities would constitute an unavoidable significant adverse impact. The City of Azusa adopted the SOC with respect to significant and unavoidable adverse environmental impacts identified in the Draft EIR, including those impacts related to noise.
The City of Azusa found that the benefits of the proposed project outweigh the unavoidable significant adverse environmental impacts. The City of Azusa determined that each of the separate benefits identified in the SOC, in itself and independent of other project benefits, is a basis for overriding all unavoidable impacts identified in the Draft EIR and noted in the City of Azusa's findings. Specific overriding benefits resulting from the project include the following items:
· A high quality residential community that enhances the existing surrounding neighborhoods;
· A variety of housing types in different price ranges, allowing for a variety of homeownership opportunities;
· An opportunity for future light rail transit to serve the new development and the surrounding community;
· A new Azusa Unified School District kindergarten through eighth grade school;
· Over 28 acres of public parks open to the community;
· Conservation of over 168 acres of open space in the foothills;
· New roadway and pedestrian connections to disperse traffic through the community;
· Railroad crossings that promote pedestrian and vehicular safety but do not physically divide the community, constrain access to existing properties, or require infeasible acquisition of off-site property;
· Opportunity for the Los Angeles County Fire Department to relocate or place a new fire station outside of the Sierra Madre Fault Zone setback zone;
· Design amenities that attract buyers, contribute to the quality of life of future residents, and maintain property values;
· A financially successful development that is fiscally responsible and equitably contributes to the improvement or expansion of those public services and facilities impacted by the project; and
· An increase in residential development in a job-rich area, improving the jobs to housing balance.
In reviewing the Draft EIR, we find that with respect to issues within the scope of our permitting process, the City of Azusa, where possible, adopted feasible mitigation measures to lessen the significant environmental impacts to less-than-significant levels. We will adopt the City of Azusa's findings and mitigations for purposes of our approval.
With respect the SOC, we find that the City of Azusa enumerated several significant benefits associated with the proposed project which appeared, on balance, to reasonably justify approval of the project despite certain significant and unavoidable impacts. Therefore, we accept and adopt the findings of the SOC for purposes of our approval.
The Commission's Consumer Protection and Safety Division - Rail Crossings Engineering Section (RCES) inspected the sites of the existing private crossings and the proposed grade separations. After reviewing the need for and the safety of the grade separations, RCES recommends that the Commission grant the Cities' requests.
The Cities filed a Supplement to Applicant (Supplement) on April 29, 2005, with the Commission's Docket Office to correct minor errors and to clarify the relationship among MTA, BNSF, and the Authority. The right-of-way, track, and appurtenances are owned by the Authority and held in trust for MTA, which retains certain rights regarding BNSF's easement through the Property Trust Agreement and the Reserved Railroad Freight Easement. The "Common Carrier Railroad" now maintained and operated by BNSF on an easement retained by its predecessor, The Atchison, Topeka and Santa Fe Railway Company, has been in operation on this right-of-way since the latter part of the 19th century.
The Application is in compliance with the Commission's filing requirements, including Rule 38 of the Rules of Practice and Procedure, which relates to the construction of a public highway across a railroad. A site map and detailed drawings of the proposed grade separations are shown in Appendix B attached to the order.
