Discussion

North San Diego County Transit Development Board (NCTD) is a transit development board existing under Sections 125000 et seq. of the Public Utilities Code of the State of California. NCTD is charged with the construction and operation of public transit systems within its area of jurisdiction and is the owner of certain railroad right-of-way assets from the Orange County/San Diego County line to the City of San Diego, California (milepost 207.41 to milepost 245.59).

As part of a project to enhance safety of existing concrete in-station pedestrian at-grade crossings, NCTD proposes to install automatic signal warning devices at various commuter rail stations within San Diego County, as listed below:

1. The Carlsbad Village Commuter Rail Station is located in downtown Carlsbad in a predominately commercial area.

2. The Carlsbad Poinsettia Rail Station is located in the City of Carlsbad in a mixed residential/commercial area.

3. The Encinitas Commuter Rail Station is located in downtown Encinitas in a predominantly commercial area.

4. The Sorrento Valley Commuter Rail Station is located in the City of San Diego in the center of a large industrial area, alongside Sorrento Valley Road and under an Interstate 5 Freeway overpass.

NCTD seeks approval from the Commission to install automatic warning devices, as more fully indicated by plans shown in Appendix A, pages 1 to 4 and as described by Appendix B, pages 1 to 4.

NCTD is the lead agency for this project under the California Environmental Quality Act of 1970 (CEQA), as amended, Public Resources (PR) Code Sections 21000, et seq. The project has a CEQA statutory exemption under Section 21080 B.b)(10) of the Public Resources Code. The California Coastal Commission has also determined that the project is exempt from its permit requirements of the Coastal Act and issued an Exemption Letter on September 27, 2000. On October 30, 2000, NCTD filed a Notice of Exemption with the San Diego County Clerk.

The Commission is a responsible agency for this project under CEQA and has reviewed and considered NCTD'S environmental documentation. Under Rule 17.1 Preparation and Submission of Environmental Impact Reports, of the Commission's Rules of Practice and Procedure, Section (h) Categorical Exemptions:

The installation of railroad-highway signals to enhance the safety of pedestrians at the commuter stations as requested by NCTD qualify as categorically exempt from the Environmental Impact Report (EIR) requirements of CEQA.

The sites of the proposed projects have been inspected by the Commission's Rail Safety and Carrier Division - Rail Crossings Engineering Section staff. Staff examined the need for and the safety of the proposed installation of automatic signals, and recommends that the applications be approved.

The applications were found to be in compliance with the Commission's filing requirements, including Rules 38 to 41 of the Rules of Practice and Procedure. Site maps of the pedestrian at-grade crossings are as shown on plans attached to the applications and appendix A.

In Resolution ALJ 176-3063, dated May 14, 2001 and published on the Commission Daily Calendar on May 15, 2001, the Commission preliminarily categorized these applications as ratesetting, and preliminarily determined that hearings were not necessary. Since no hearings were held, this preliminary determination remains accurate. The Commission's Rail Safety and Carriers Division recommends that Applications 01-05-005, 01-05-006, 01-05-007 and 01-05-008 be granted. Given these developments, public hearing is not necessary, and it is not necessary to disturb the preliminary determinations made in Resolution ALJ 176-3063.

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.

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