Waiver of Comment Period
This is an uncontested matter in which the decision grants the relief requested. Accordingly, pursuant to Public Utilities Code Section 311(g)(2), the otherwise applicable 30-day period for public review and comment is being waived.
Richard Clark is the assigned Examiner in this proceeding.
Findings of Fact
1. Notice of the application was published in the Commission's Daily Calendar on August 10, 2005. There are no unresolved matters or protests; a public hearing is not necessary.
2. City requests authority, under Public Utilities Code Sections 1201-1205, to construct an at-grade crossing over the tracks and right-of-way of UPRR in the City of Oxnard, Ventura County.
3. Construction of the proposed crossing is necessary to accommodate the growing number of OTC users.
4. A grade separation is not practicable due to low train volumes and projected daily vehicular counts of 35-50.
5. Public safety requires that warning devices at the crossing be two Standard No. 9s for both westbound and eastbound traffic on the OTC, one Standard No. 8 mounted on the northwest quadrant to alert pedestrians of an approaching train, as well as raised medians on both eastbound and westbound approaches, as shown on plans in Appendix A, and as attached to the application.
6. City is the lead agency for this project under CEQA, as amended.
7. The City determined that the proposed project is statutorily exempt from CEQA pursuant to CEQA Guideline 15275.
8. The Commission is a responsible agency for this project, and has reviewed and considered the City's Final Project Study Report.
1. The Final Project Study Report adopted by City as the documentation required by CEQA for the crossing project is adequate for our decision-making purposes.
2. We adopt the lead agency's Final Project Study Report for purposes of our approval.
3. The application should be granted as set forth in the following order.
IT IS ORDERED that:
1. City of Oxnard (City) is authorized to construct an at-grade highway-rail crossing (crossing) over the tracks and right-of-way of the Union Pacific Railroad Company (UPRR) in the City of Oxnard, Ventura County. The new crossing will be identified as CPUC Crossing No. 001E-407.90-C, Oxnard Transit Center crossing.
2. Public safety requires that warning devices at the crossing be two Standard No. 9s (automatic gate type signal as defined in Commission General Order (GO) 75-C) for both westbound and eastbound traffic on Oxnard Transit Center, one Standard No. 8 (Flashing light signal as defined in GO 75-C) mounted on the northwest quadrant to alert pedestrians of an approaching train, as well as raised medians on both eastbound and westbound approaches as shown on plans in Appendix A, and as attached to the application. 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 (MUTCD).
3. City shall comply with all applicable rules, including General Orders and MUTCD, as amended by the MUTCD California Supplement.
4. Construction and maintenance costs shall be borne in accordance with an agreement that has been entered into between City and UPRR (parties). Should the parties fail to agree, the Commission will apportion the costs of construction and maintenance by further order.
5. Within 30 days after completion of the work under this order, UPRR shall notify the Rail Crossings Engineering Section (RCES) 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.
6. This authorization shall expire if not exercised within two years unless time is extended or if the above conditions are not complied with. Authorization may be revoked or modified if public convenience, necessity, or safety so require.
7. A request for extension of the two-year authorization period must be submitted to RCES at least 30 days before the expiration of that period. A copy of the request must be sent to all interested parties.
8. This application is granted as set forth above.
9. Application 05-08-005 is closed.
This order becomes effective 30 days from today.
Dated September 7, 2006, at San Francisco, California.
MICHAEL R. PEEVEY
President
GEOFFREY F. BROWN
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
Commissioners
VICINITY MAP
PLAN OF PROPOSED AT-GRADE CROSSING
