Findings of Fact

1. The proposed crossing will replace the existing at-grade crossing at Morada Lane, over the UPRR main line track, within the City.

2. The project calls for the Morada Lane roadway to be widened from two lanes to six lanes.

3. The City intends to close an existing at-grade crossing at McAllen Road over the same tracks once the new Morada Lane crossing is constructed.

4. Rail traffic is now approximately 17 trains per day, and expected to remain at that level in the future.

5. The City's General Plan projects vehicle traffic at over 26,000 per day at the proposed crossing.

6. The General Plan includes the Morada Lane crossing project.

7. The General Plan finds the subject crossing is necessary to improve traffic circulation, reduce congestion, and improve air quality.

8. At the proposed crossing, the City will 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).

9. The City also will install warning flashers for pedestrian traffic.

10. All track and roadway segments near the proposed crossing will be straight and flat with no line-of-sight obstacles for either trains or vehicles.

11. The crossing will be constructed of pre-cast concrete panels and fully signalized with standard advanced warning signs, pavement markings and striping.

12. All potential safety hazards associated with the crossing will be eliminated.

13. Construction of a grade separation is not practicable.

14. The City will be responsible for all construction costs, unless otherwise agreed to by UPRR.

15. The crossing must be adequately maintained and the associated costs apportioned according to a written agreement between the City and the UPRR.

16. The authority to construct the proposed crossing will be in effect for a period of two years.

17. The proposed crossing is assigned Commission crossing identification number 001D-96-60.

18. The City is the lead agency for compliance with CEQA.

19. The Commission is the responsible agency under CEQA.

20. As part of its General Plan, the City conducted a full environmental review of the Morada Lane Project.

21. The Morada Lane Project includes improving and widening the railroad/roadway crossing at Morada Lane.

22. On January 9, 1989, the City adopted the FEIR for the Morada Lane Project (State Clearinghouse No. 88022317).

23. On January 12, 1989, the City filed a Notice of Determination for the Morada Lane Project with the County of San Joaquin and the State of California Office of Planning and Research.

24. The FEIR analyzed and reviewed the circulation plan element and the environmental impact of the road improvements at the proposed crossing.

25. The FEIR concludes that widening and improving the railroad/roadway crossing at Morada Lane is a necessary mitigation measure to the Morada Lane Project.

26. As responsible the agency, we have reviewed and considered the City's environmental documentation upon which the City relied in adopting its findings.

27. UPRR timely filed a protest to the subject application on October 6, 2005.

28. UPRR withdrew its protest on January 24, 2006, and the application is otherwise unopposed.