Waiver of Comment Period
This application 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 June 26, 2006. 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 convert the private at-grade crossing of Hughes Drive to a public crossing.
3. General traffic circulation and an entrance and exit point from the Amerige Heights development, which includes retail, residential, and light manufacturing, require the crossing.
4. City is the lead agency for this project under CEQA, as amended.
5. City adopted an FEIR for this project pursuant to CEQA.
6. The Commission is a responsible agency for this project, and has reviewed and considered the lead agency's FEIR.
Conclusions of Law
1. The FEIR is adequate for our decision-making purposes.
2. The application should be granted as set forth in the following order.
IT IS ORDERED that:
1. City of Fullerton (City) is authorized to alter and convert to a public crossing the existing at-grade private crossing of Union Pacific Railroad Company's (UPRR) Anaheim Branch and Hughes Drive, identified as CPUC Crossing No. 003Y-14.60-X. The public at-grade crossing shall be identified as CPUC Crossing No. 003Y-14.60.
2. The alterations to the crossing shall include installing 9-foot wide, 40-foot long, 6-inch high raised island medians on both sides of the tracks; installing two
median-mounted Commission Standard No. 8s (flashing light signals, as described in Commission General Order 75-C); and installing Highway-Rail Grade Crossing Advance Warning signs (defined as Standard W10-1 in the Manual on Uniform Traffic Control Devices published by the Federal Highway Administration) with train-activated yellow flashing lights on both vehicular approaches to the crossing. The placement of the warning devices shall be as shown in the plans attached to the application and Appendix B of this order.
3. City and UPRR shall comply with all applicable rules, including Commission General Orders and the Manual on Uniform Traffic Control Devices (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 Commission's Rail Crossing Engineering Section (RCES) that the authorized work is completed, by submitting a completed Commission Standard Form G titled Report of Changes at Highway Grade Crossings and Separations.
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 06-06-018 is closed.
This order becomes effective 30 days from today.
Dated September 21, 2006, at San Francisco, California.
MICHAEL R. PEEVEY
President
GEOFFREY F. BROWN
DIAN M. GRUENEICH
JOHN A. BOHN
RACHELLE B. CHONG
Commissioners
APPENDIX A
VICINITY MAP
APPENDIX B
PROJECT PLAN
