Findings of Fact

1. Notice of the applications was published in the Commission Daily Calendar on May 4, 2001. There are no unresolved matters or protests; a public hearing is not necessary.

2. NCTD requests authority to install two PUC Standard No. 8 Flashing light type signals as specified in General Order (GO) 75-C, with low-tone bells and baffles, at each existing in-station pedestrian at-grade crossings at the 1) Carlsbad Village Commuter Rail Station, 2) Carlsbad Poinsettia Rail Station and 3) Encinitas Commuter Rail Station all within San Diego County.

3. NCTD also requests authority to install two PUC Standard No. 8 Flashing light type signals (GO 75-C), with low-tone bells and replace the existing pavement with concrete crossing material at the existing in-station pedestrian at-grade crossing at the Sorrento Valley Commuter Rail Station in San Diego, San Diego County.

4. NCTD requests authority to construct a new in-station pedestrian at-grade crossing with two PUC Standard No. 8 Flashing light type signals (GO 75-C), with low-tone bells and concrete crossing material at the Sorrento Valley Commuter Rail Station in San Diego, San Diego County.

5. Public convenience, necessity and safety require installation of automatic warning devices at the in-station pedestrian at-grade crossings at the Carlsbad Village Commuter Rail Station, Carlsbad Poinsettia Rail Station, Encinitas Commuter Rail Station and Sorrento Valley Commuter Rail Station all within San Diego County, as set forth in Appendices A, B, and as more fully described in the applications.

6. NCTD is the lead agency for this project under the California Environmental Quality Act of 1970 (CEQA), as amended.

7. The installation of PUC Standard No. 8 Flashing light type signals (GO 75-C) to improve the safety at the Commuter Stations is Categorically Exempt under Section h, paragraph (1) subsection (A) Class 1, item 7, Rule 17.1 of this Commission's Rules of Practice and Procedure.

8. The Commission is a responsible agency for this project and has reviewed and considered the lead agency's Exemption Determination.