VIII. Comments on Draft Decision

This is an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Pub. Util. Code § 311(g)(2), the otherwise applicable 30-day period for public review and comment is being waived.

Findings of Fact

1. The Hillsdale Outboard Boarding Platform Project proposes an upgrade and expansion of the platform area that will allow north and south bound trains to enter and leave the Hillsdale Caltrain Station simultaneously. This will allow safer boarding and disembarking as well as ingress/egress to and from the platform area for passengers.

2. The scope of the project includes an outbound northbound platform, two signalized pedestrian at-grade crossings, a median fence, stairs leading to the pedestrian platform, and an ADA access ramp. The center platform will be demolished and three at-grade crossings will be eliminated.

3. The installation of the access ramp and stairs plus removal of the central platform will alleviate an immediate safety hazard to passengers at the station.

4. The Improvements will allow two PG&E easements, the subject of this application, to be used for other productive purposes, such as public safety, without interfering with PG&E's operations or affecting services to the public.

5. Granting the application responds to a pressing need, for which time is critical; the relief is limited; PG&E has given assurance that the encroachment on the easements will in no way impair or affect its ability to provide utility service; and there are no protests to the application.

6. The project is categorically exempt from CEQA pursuant to Section 15306 of the CEQA Guidelines and has been found statutorily exempt by the project's lead agency, JPB, pursuant to Section 21080(b)(1)) of the Public Resources Code and Section 15275 of the CEQA Guidelines.

7. The application of Pub. Util. Code § 851 to this proposed agreement is not necessary in the public interest.

Conclusion of Law

PG&E's proposed Encroachment Agreement with JPB for the upgrade and expansion of the platform area and the installation, maintenance, and use of a temporary access ramp and stairs located at the Hillsdale Caltrain Station in the City of San Mateo within a PG&E easement area is exempt from the requirements of Pub. Util. Code § 851 under § 853(b).

ORDER

IT IS ORDERED that:

1. Pacific Gas and Electric Company's request for an exemption from the requirements of Pub. Util. Code § 851 is granted.

2. The scope of the exemption is limited to the utility easements for the purposes described in the application and this decision.

3. Application 05-08-033 is closed.

This order is effective today.

Dated October 6, 2005, at Los Angeles, California.

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