Assignment of Proceeding

Richard Clark is the assigned Examiner in this proceeding.

Findings of Fact

1. The Commission published Notice of Application 04-08-015 in the Commission Daily Calendar on August 17, 2004. There are no unresolved matters or protests; a public hearing is not necessary.

2. NCTD requests authority, under Public Utilities Code Sections 1201-1205, to construct four crossings at three LRT stations in the City of San Marcos, County of San Diego.

3. Public convenience, necessity, and safety require construction of the four crossings of NCTD's proposed Oceanside-Escondido Rail Project.

4. NSDCTDB is the lead agency for this project under CEQA, as amended.

5. NSDCTDB filed an NOD regarding this project and found that implementation of the 100% design plans for the project will not create significant effects on the environment from those analyzed in the SEIR certified by NSDCTDB in March 1997. NSDCTDB prepared an Addendum for the project pursuant to the provisions of CEQA. Additional mitigation measures were not made a condition of the approval of the project.

6. The Commission is a responsible agency for this project and has reviewed and considered the lead agency's NOD.

7. Safety, transportation, and noise are within the scope of the Commission's permitting process.

Conclusions of Law

1. The Application is uncontested and a public hearing is not necessary.

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

ORDER

IT IS ORDERED that:

1. North County Transit District (NCTD) is authorized to construct four in-station pedestrian at-grade crossings at three Light Rail Transit stations in the City of San Marcos (City), County of San Diego, at the locations and substantially as described in and as shown by plans attached to Application (A.) 04-08-015; and as described in Appendix A attached to this order.

2. NCTD shall comply with all applicable General Orders and the Manual on Uniform Traffic Control Devices, including the California Supplement.

3. Construction and maintenance costs shall be borne in accordance with an agreement to be entered into between the City and NCTD (parties). Should the parties fail to agree, the Commission shall apportion the costs of construction and maintenance by further order.

4. Within 30 days after completion of the work under this order, NCTD shall notify the Commission's Consumer Protection and Safety Division, Rail Crossings Engineering Section 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.

5. This authorization shall expire if not exercised within two years unless the Commission extends the time or if the parties do not comply with the above conditions. The Commission may revoke or modify authorization if public convenience, necessity or safety so require.

6. The application is granted as set forth above.

7. A.04-08-015 is closed.

This order becomes effective 30 days from today.

Dated January 12, 2006, at San Francisco, California.

MICHAEL R. PEEVEY

President

GEOFFREY F. BROWN

DIAN M. GRUENEICH

JOHN A. BOHN

RACHELLE B. CHONG

Commissioners

North County Transit District (NCTD) proposes to construct four in-station pedestrian at-grade crossings (crossings) at three Light Rail Transit (LRT) stations in the City of San Marcos, San Diego County, in connection with its SPRINTER Oceanside-Escondido Light Rail Project. The Commission's assigned crossing identification numbers, Federal Department of Transportation (DOT) identification numbers and authorized automatic warning devices are as follows:

Light Rail Transit Station	Assigned PUC Crossing No.	Assigned DOT No.	Automatic Warning Device
Palomar College Station northerly pedestrian crossing	106E-114.49	027574T	2 - 10s
Palomar College Station southerly pedestrian crossing	106E-115.71	922632E	2 - 10s
San Marcos Station pedestrian crossing	106E-116.15	027577N	2 - 10s
CSU, San Marcos Station pedestrian crossing	106E-116.33-A	922633L	2 - 10s

NCTD will install two modified Standard No. 10 (Pedestrian and Bicycle Flashing Light Type signal as described in General Order (GO) 75-C) automatic warning devices at each of the four crossings at the three LRT stations. The Standard No. 10s will be modified with two back-to-back pairs of flashing red lights and the addition of a "Look |_" sign.

In addition, the approaches to the crossings will be of an "S" shape design. Handrails will be used on the approaches to guide pedestrians to look both ways toward the tracks prior to walking across the tracks. The crossings will be eight feet wide with concrete panel crossing surface material with rubber flange way inserts. Yellow tactile tile surface warning strips, conforming to the American Disabilities Act Federal Regulations, will also be installed on platform edges in advance of the crossings.

VICINITY MAP

ENVIRONMENTAL DOCUMENT