Discussion

Proposed Project

The proposed crossing over UPRR's junction lead tracks with the Ventura County Railroad (VCRR) at UPRR's milepost 407.86, adjacent to the OTC, is part of the project that involves the construction of a new long-term parking lot adjacent to the OTC. The purpose of the project is to accommodate more vehicle capacity and continued growth of the OTC. The project includes the elimination of two pre-existing buildings, both of which are owned by UPRR, and construction of a proposed at-grade crossing. The proposed crossing will be a two-lane road 35 feet wide with one sidewalk to the north of the roadway connecting the parking lot with Oxnard Boulevard to the west.

The crossing is over UPRR junction lead tracks that connect UPRR's mainline to the VCRR mainline near the OTC. The VCRR is a subsidiary shortline railroad within RailAmerica's Sunset Division. The VCRR serves the industrial areas of south Oxnard, the Port of Hueneme and the U.S. Naval Construction Battalion Center. Current freight train traffic on the junction lead tracks consists of approximately 5 trains per day at approximately 20 MPH, with no passenger trains utilizing these tracks.

Grade separation is not practicable due to low train volume (5 trains per day) and projected vehicle traffic of 35-50 vehicles per day using the new parking lot. The proposed warning devices at the crossing for both westbound and eastbound vehicular approaches shall consist of two Standard No. 9s (flashing light signals with gates, as defined in General Order (GO) 75-C), and one Standard No. 8 (flashing light signals as defined in GO 75-C) on the northwest quadrant for pedestrians using the sidewalk. Public safety also requires that the City place on all crossing approaches railroad crossing pavement markings (RXR) with Highway-Rail Grade Crossing Advance Warning (W10-1) signs per the Manual on Uniform Traffic Control Devices. The westbound approach will have a 64-foot long by 3-foot wide raised median. The eastbound approach will have a 100-foot long by 3-foot wide raised median.

Environmental Review

The California Environmental Quality Act of 1970 (CEQA, as amended, Public Resources Code Section 21000 et seq.) applies to discretionary projects to be carried out or approved by public agencies. A basic purpose of CEQA is to inform governmental decision-makers and the public about potential, significant environmental effects of the proposed activities. The Commission must issue a discretionary decision in order for the project to proceed (i.e., the Commission must approve the project pursuant to Section 1202 of the Public Utilities Code) and consider the environmental consequences of the project by acting as either a lead or responsible agency under CEQA.

The lead agency is the public agency with the greatest responsibility for supervising or approving the project as a whole.¹ Here, City is the lead agency for this project and the Commission is a responsible agency. As a responsible agency under CEQA, the Commission must consider the lead agency's environmental documents and findings before acting on or approving this project.²

City asserts that the proposed project is statutorily exempt from CEQA pursuant to CEQA Guideline 15275 for projects that include the institution or increase of passenger or commuter service on rail lines or high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities. The project is exempt from CEQA since the sole purpose of the new crossing is part of a modernization plan of the existing OTC.

The Commission reviewed and considered the City's Final Project Study Report and finds it adequate for our decision-making purposes.

The Commission's Consumer Protection and Safety Division - Rail Crossings Engineering Section (RCES) has inspected the site of the proposed crossing. After reviewing the need for and safety of the proposed crossing, RCES recommends that the Commission grant City's request.

The application complies with the Commission's filing requirements, including Rule 38 of Rules of Practice and Procedure, which relates to the construction of a public highway across a railroad. A vicinity map of the proposed crossing location and a plan of the proposed at-grade crossing are shown in Appendix A, attached to this order.

¹ CEQA Guidelines (Title 14 of the California Code of Regulations), Section 15051(b).

² CEQA Guidelines, Sections 15050(b) and 15096