Discussion

LACMTA requests authority to construct five new grade separations by constructing, within the median of Third Street, two ELRL tracks beneath and within the existing structures for SR-60 Freeway westbound connector, SR-60 Freeway, I-710 Freeway southwest connector, and I-710 Freeway southeast connector and on one existing bridge structure above I-710 Freeway. Table 1 below lists each proposed grade separation and its identifying California Public Utilities Commission (CPUC) crossing number.

Table 1: Grade Separation Identification

Barriers between the trackway and adjacent vehicle lanes on Third Street will prevent motor vehicles from accessing the track area beneath the freeway structures where LACMTA, County of Los Angeles (County), and State of California Department of Transportation (Caltrans) cannot attain a minimum of 18 feet vertical clearance between the overhead contact wire and the paved track area. All construction shall conform to applicable Commission General Orders (GO), including GOs 72-B, 95 and 143-B

The ELRL will have a double track with overhead power distribution and will operate electrically powered cars 90 feet in length. As stated in GO 143-B, Section 9.04(b)(4), the alignment classification is semi-exclusive. This alignment classification describes the situation of tracks "Within street right-of-way, but protected by mountable curbs, striping, or lane designation." Furthermore, trains will operate at a speed no greater than the maximum allowable automotive speed of the street traveled, within a maximum speed of 35 miles per hour. LACMTA will utilize an over speed protection system in the event a train operator exceeds the 35 miles per hour speed and the operator does not respond to the over speed indication. In such instances, a train will stop automatically.

In accordance with two Master Cooperative Agreements, Caltrans and the County separately and LACMTA will bear construction and design costs of the project. LACMTA will bear the sole cost and expense to construct and maintain the proposed two tracks beneath the existing freeway and connector structures for the I-710 and SR-60 Freeways and on the existing bridge structure above the I-710 Freeway. Caltrans and LACMTA will alter the freeway, connector and bridge structures to accommodate the two tracks. The County will bear the costs associated with the maintenance of the barriers along Third Street that prevent motor vehicles from accessing the tracks.

LACMTA is the lead agency for this project under California Environmental Quality Act of 1970 (CEQA), as amended in 1982 and as stated in Public Resources (PR) Code Section 21000 et seq. LACMTA prepared a Final Supplemental Environmental Impact Statement/Final Subsequent Environmental Impact Report (Final SEIS/SEIR), assigned State Clearinghouse (SCH) Number 1999081061, for the project on January 4, 2002. On February 28, 2002, the LACMTA Board of Directors approved the project and adopted the Final SEIS/SEIR. On March 1, 2002, in compliance with PR Code Sections 21108 and 21152, LACMTA 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 and mitigation measures were made a condition for project approval. Findings were made pursuant to the provisions of CEQA, and LACMTA 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, and we find them adequate for our decision-making purposes. These documents include the Final SEIS/SEIR for the Los Angeles Eastside Corridor (SCH No. 1999081061), prepared jointly by the United States Department of Transportation - Federal Transit Administration and LACMTA. In considering this document, we note that the Final SEIS/SEIR developed and evaluated a range of alternatives as well as a "No-Build Alternative." The Final SEIS/SEIR included an analysis of potential environmental impacts related to the project and alternatives related to, among other items, transportation, land use and development, land acquisition/displacement and relocation, air quality, noise and vibration, and safety. Safety, transportation and noise are within the scope of the Commission's permitting process. The Final SEIS/SEIR (Volume I) contains statements pertaining to the affected environment, methodology for impact evaluation, impacts, and mitigation. LACMTA identified environmental impacts related to safety, transportation, and noise.

The "Findings Of Fact And Statement Of Overriding Considerations," (FFSOC) contains statements pertaining to impacts, mitigation measures, and findings for each impact. The FFSOC categorized these impacts as "Significant Effects Determined to be Mitigated to a Less Than Significant Level," "Significant Effects That Are Not Mitigated to a Less Than Significant Level," and "Effects Determined Not to be Significant or Less Than Significant." Included in the FFSOC are the SOC and "Mitigation Monitoring Plan" (MMP). The LACMTA Board of Directors adopted the SOC with respect to significant and unavoidable adverse environmental impacts identified in the Final SEIS/SEIR and FFSOC, including those impacts related to safety, transportation, and noise.

The LACMTA Board of Directors found that the benefits of the proposed project outweigh the unavoidable significant adverse environmental impacts. The Board of Directors 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 Final SEIS/SEIR and noted in the Board of Directors' findings. Specific overriding benefits resulting from the project include restoring the balance of regional capital transportation expenditures, improving access for area residents to local destinations and regional rail and bus systems, providing convenient and reliable transportation, and decreasing annual regional vehicle miles traveled.

In reviewing the Final SEIS/SEIR and MMP, we find that with respect to issues within the scope of our permitting process, LACMTA, where possible, adopted feasible mitigation measures to lessen the significant environmental impacts to less-than-significant levels. We will adopt LACMTA's findings and mitigations for purposes of our approval.

With respect the SOC, we find that the Board of Directors 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 proposed grade separations. RCES discussed safety concerns with LACMTA regarding additional pavement markings to serve as guidance to motorists. LACMTA agreed to modify its designs and submit revised exhibits to the Commission. On June 10, 2005 LACMTA submitted an Erratum for the application containing minor revisions to the design exhibits. The revisions consisted of additional yellow pavement markings outside of the trackway to provide guidance to motorists to safely respect the barriers between the trackway and adjacent vehicle lanes to prevent vehicles from accessing the track area beneath the freeway structure where a minimum of 18 feet between the overhead contact wire and the paved track area cannot be attained. After reviewing the need for and the safety of the proposed grade separations, RCES recommends that the Commission grant LACMTA's requests.

The Application is in compliance with the Commission's filing requirements, including Rule 40 of Rules of Practice and Procedure, which relates to the construction of railroad tracks across public highways. A site map and detailed drawings of the proposed grade separations are shown in Appendix B attached to the order.

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