8. Assignment of Proceeding
Michael R. Peevey is the assigned Commissioner and Glen Walker is the ALJ in this proceeding.
1. Notice of the application was published in the Commission Daily Calendar on July 8, 2004.
2. Union Pacific on July 30, 2004, filed a timely protest to the application.
3. The County sought authority to construct a new at-grade pedestrian crossing of Union Pacific tracks in the vicinity of 16th Street in San Miguel.
4. Every weekday, about 70 or 80 pedestrians, most of them children, now use an unauthorized dirt path crossing at 16th Street to reach the Lillian Larson Elementary School.
5. Hearings were conducted in April 2006 in San Miguel, and a proposed decision approving the application, with conditions, was issued on July 25, 2006.
6. The parties were granted an extension of time to further consider settlement of this matter and, on April 23, 2007, requested approval of a proposed settlement agreement.
7. The County is the CEQA lead agency for the project.
8. The Commission is a responsible agency for the project under CEQA.
9. Pursuant to Rule 12.1(d) of the Rules of Practice and Procedure, the settlement agreement is reasonable in light of the whole record, consistent with law, and in the public interest.
1. Commission approval of new rail crossings in this state is required by Pub. Util. Code §§ 1201 through 1205.
2. A proponent of a new at-grade crossing over mainline railroad tracks has a heavy burden because of the inherent safety hazards created by roadway-railway crossings.
3. The County has shown that children are at risk in crossing the tracks at unauthorized locations to reach the Lillian Larson Elementary School.
4. The application for construction of the new crossing should be granted pursuant to the terms of the parties' settlement agreement dated April 4, 2007.
5. The settlement agreement, attached hereto and made part of this decision, should be approved.
IT IS ORDERED that:
1. The application of the San Luis Obispo County Public Works Department (the County) for an order authorizing construction of an at-grade pedestrian crossing in San Miguel, California, crossing the tracks of the Union Pacific Railroad (Union Pacific) in the vicinity of 16th Street, County of San Luis Obispo, is granted, subject to the conditions set forth in the parties' settlement agreement attached hereto as Exhibit A and made part of this decision. The new 16th Street crossing will be known as CPUC Crossing No. 00E-206.70D.
2. The County shall comply with all applicable General Orders and the Federal Highway Administration's Manual on Uniform Traffic Control Devices, as amended by the California Supplement.
3. Within 30 days of completion of the work under this order, Union Pacific shall notify the Rail Crossing Engineering Section (RCES) in writing, by submitting a completed standard Commission Form G (Report of Changes at Highway Grade Crossings and Separations), that the authorized work is completed.
4. This authorization shall expire if not exercised within two years, pursuant to terms of the settlement agreement. Authorization may be revoked or modified if public convenience, necessity or safety so require. A request for an extension of time must be submitted to RCES at least 30 days before the expiration of this authorization, with a copy of the request sent to all interested parties.
5. The Commission concurs in the County's conclusion that construction of the pedestrian walkway is categorically exempt from the California Environmental Quality Act.
6. Application 04-07-001 is closed.
This order is effective today.
Dated July 12, 2007, at San Francisco, California.
