III. Discussion

The City is requesting authority, under Pub. Util. Code §§ 1201-1205, to improve and widen the existing at-grade railroad crossing at Morada Lane from two lanes (one in each direction - east/west) to six lanes over one main-line track of the UPRR. Upon completion of the Morada Lane project, the City also proposes to close the existing crossing at McAllen Road, located approximately three miles south, along the same UPRR tracks. Construction is planned to commence in mid-2006. The City has provided all of the necessary information and maps to meet the requirements of our rules regarding at-grade crossings. Rules 38 and 39 of our Rules of Practice and Procedure (Rules), relevant to the proposed project are discussed below, followed by a separate discussion on environmental impact issues (Rule 17.1).

A. Public Need

The existing crossing at Morada Lane is 25 feet wide. The City's 2035 General Plan Update projects use at over 26,000 vehicles/day. Current rail traffic is 17 trains/day, and expected to remain at or about that level. Here, the City requests to improve an existing crossing that will provide a greater level of safety, not install a new crossing. The widening project at Morada Lane will improve roadway capacity. The roadway portion over the track will be pre-cast concrete, with five feet wide concrete sidewalks constructed on each side.

B. Crossing Safety

Safety is the overriding issue in authorizing the approval for any at-grade crossing. The construction and safety features of the crossing shall be in compliance with all applicable safety requirements, including Commission General Order (GO) 26-D (clearances), GO 72-B (pavement construction), GO 75-C (crossing protection), and GO 118 (walkways). The City proposes to install two automatic gate-type signals with cantilevers (Standard No. 9-A type), two automatic gate type signals (Standard No. 9 type), and two railroad advance warning-side road signs (W10A type). The City also will install warning flashers for pedestrian traffic to further augment the level of safety at the crossing.

The City has shown the proposed improvements to the Morada Lane crossing will provide an adequate level of safety when considering the traffic volumes, train speeds, crossing protection devices, rail/highway crossing angles, and sight lines.

C. Practicability

In applications for at-grade crossings, the Commission has the discretion to approve the request, order a separation of grade or deny the application. Grade separated crossings provide a higher level of safety than at-grade crossings, and Pub. Util. Code § 1202 (c) gives the Commission the exclusive power to require, where in the Commission's judgment it would be practicable, a separation of grades at any crossing. In this case, we find that grade separation is impracticable for two reasons: 1) constructing an overpass would require encroachment on the private property of homeowners in a nearby housing development; and 2) two waterways, the Mosher Slough and a Woodbridge Irrigation District canal, are within one-tenth of a mile from the crossing and an underpass would require that the roadway be constructed below the level of the waterways to make grade, and thereby create a greater potential for flooding.

D. Construction and Maintenance

The City is responsible for construction of the proposed project. During construction, all temporary traffic controls shall be in compliance with the United States Department of Transportation (USDOT) Manual on Uniform Traffic Controls. The authority to construct the subject crossings will remain in effect for a period of two years, unless otherwise ordered by the Commission. The crossing identification number assigned by the Commission for Morada Lane is 001D-96-60. This number will remain unchanged.

To ensure proper maintenance of the crossings, the City and the UPRR are directed to enter into a written agreement on the apportionment of maintenance costs within 30 days of the effective date of this order.

To keep an accurate recording of construction and maintenance activity, the City is directed to file with Staff, prior to construction, the final construction plans and a copy of the written maintenance cost apportionment agreement. Within 30 days after completion of the work under this order, the City shall notify Staff in writing by submitting a completed standard Commission Form G (Report of Changes at Highway Grade Crossings and Separations).

E. Environmental Review

The City is the lead agency for compliance with the California Environmental Quality Act of 1970 (CEQA), as amended, Public Resources Code Sections 21000, et seq. The Commission is a responsible agency under CEQA. CEQA requires the Commission to consider the environmental consequences of a project that is subject to its discretionary approval. In particular, a responsible agency must consider the lead agency's environmental impact report or negative declaration that no significant harm will come to the environment as a result of the project prior to acting upon or approving the project (CEQA Guidelines, Section 15050(b)). The specific activities that must be conducted by the responsible agency are contained in CEQA Guidelines, Section 15096.

The Morada Lane Project is part of the City's 2035 General Plan. The City, as lead agency, conducted a full environmental review of the General Plan, including an analysis of the circulation plan element and the environmental impact of the road improvements at the proposed crossing.

The Morada Lane Project includes subdivision and commercial development, as well as widening and improving the roadway/railroad crossing at Morada Lane. The City issued its Final Environmental Impact Report (FEIR) on the Morada Lane Project in August 1988 (State Clearinghouse No. 88022317; City EIR File No. 1-88). To improve traffic circulation, widening of the Morada Lane railroad crossing is included as a necessary mitigating measure in the FEIR. On January 9, 1989, the Stockton City Council adopted the Morada Lane Project FEIR (Resolution 89-0027), and on January 12, 1989 filed a Notice of Determination for the project with the County of San Joaquin and the State of California Office of Planning and Research.

The construction and operation of the subject crossing is consistent with the development described in the City's 2035 General Plan, and in the FEIR for the Morada Lane Project. As the responsible agency, we accordingly approve the City's FEIR for the railroad/roadway crossing project at Morada Lane.