Assignment of Proceeding

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 8, 2006. There are no unresolved matters or protests; a public hearing is not necessary.

2. The City requests authority, under Public Utilities Code Sections 1201-1205, to construct a bike path below the elevated rail structures of NCTD and MTDB, along the Ocean Beach bike path running from the Ocean Beach and Old Town areas to the retail centers of the Mission Valley area within the City and County of San Diego.

3. Public safety requires construction of the two proposed bike path grade separations.

4. The City is the lead agency for this project under CEQA, as amended.

5. The City issued an MND, made mitigation measures a condition of approval, and found that the project as mitigated will not have a significant effect on the environment.

6. The Commission is a responsible agency for this project and has reviewed and considered the City's MND.

Conclusions of Law

1. The MND adopted by the City as the documentation required by CEQA for the Bikeway project is adequate for our decision-making purposes.

2. The project as mitigated will not have a significant effect on the environment.

3. The application is uncontested and a public hearing is not necessary.

4. The application should be granted as set forth in the following order.

ORDER

IT IS ORDERED that:

1. The City of San Diego (City) is authorized to construct two grade-separated bike path-rail crossings, identified as CPUC Crossing Nos. 106-263.89-B and 081MV-3.80-B, under the elevated rail structures of the North San Diego County Transit District and Metropolitan Transit Development Board, respectively, in the City and County of San Diego, at the locations and substantially as described in the application and Appendices A and B attached to this order.

2. Within 30 days after completion of the work under this order, City shall notify the Commission's Consumer Protection and Safety Division - Rail Crossings Engineering Section (RCES) in writing, by submitting a completed standard Commission Form G (Report of Changes at Highway Grade Crossings and Separation), of the completion of the authorized work at their respective crossings.

3. This authorization shall expire if not exercised within three years unless time is extended or if the above conditions are not complied with. The Commission may revoke or modify authorization if public convenience, necessity or safety so require.

4. A request for extension of the three-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.

5. The application is granted as set forth above.

6. Application 06-08-007 is closed.

This order becomes effective 30 days from today.

Dated January 25, 2007, at San Francisco, California

MICHAEL R. PEEVEY

President

DIAN M. GRUENEICH

JOHN A. BOHN

RACHELLE B. CHONG

Commissioners

A P P E N D I X A

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