3. Statement of Facts

3.1 Initial Project Description¹

SCVTA's Vasona Project extends from downtown San Jose to the Vasona Junction in Los Gatos. As part of the Vasona Project, SCVTA plans to improve two closely-spaced at-grade crossings in the City, each approximately 150 feet from the intersection of Sunol Street and Auzerais Avenue. (A map showing the area of these crossings and some others in the Vasona Project is attached as Appendix A.) As originally proposed, SCVTA would relocate two existing crossing gates to make them parallel to the tracks and add a new gate, located on public rights-of-way, across the Auzerais driveway to FSSC's premises; it would also close one of the entrances to FSSC's premises on Sunol. SCVTA will install a set of traffic signals at the Sunol/Auzerais intersection, replacing the existing four-way stop, and an additional traffic signal on southbound Sunol Street in advance of the crossing, as a "presignal."

The traffic signals are designed to allow time for traffic to clear the areas where vehicles might queue near or onto the tracks. The signals run in an ordinary cycle until the approach of a train is electronically indicated to the signal controller. The signals then begin to operate in "preempt" mode. The presignal eight feet north of the crossing arm on southbound Sunol Street is an ordinary three-light traffic signal and is intended to stop traffic before the Sunol crossing. It is timed to show red during the last few seconds of the green aspect of the signal at the intersection, stopping traffic at the presignal but allowing traffic beyond the presignal to proceed through the intersection. The signals at the intersection are to be set for a 24-second clearance (green) interval for Sunol Street, followed by a 24-second clearance interval for Auzerais Avenue traffic. These will be followed by a period when all signals are red, stopping all traffic while a train goes through the crossings.²

The warning device configuration is somewhat unusual, responding to the diagonal configuration of the tracks crossing two streets in close proximity, as well as the relationship of the FSSC driveways to the crossings. On the Auzerais side, SCVTA proposed to place two Standard No. 9's (flashing light signals with automatic gates) to warn and control traffic on Auzerais.³ In addition, a gate with Standard No. 9 warning signals would be placed so that the gate will descend across FSSC's Auzerais driveway on the same timing as the crossing gates. On the Sunol side, there will be two Standard No. 9's on either side of the crossing. At each crossing there will also be tactile strips and signs to warn pedestrians.

3.2 California Environmental Quality Act

SCVTA is the lead agency under the California Environmental Quality Act (CEQA), Pub. Res. Code § 21000 et seq., for the Vasona Project. The Commission is a responsible agency under CEQA with respect to this application. SCVTA certified the final Environmental Impact Report (EIR) required by CEQA for the Vasona Project on May 4, 2000.⁴ SCVTA filed a Notice of Determination with the Office of Planning and Research and the Santa Clara County Clerk on May 5, 2000.

The EIR addressed the Sunol Street/Auzerais Avenue intersection in a section on at-grade crossings in the Vasona Project:

The Light Rail Transit (LRT) alignment would cross the north and west leg of the Sunol Street/Auzerais Avenue intersection. The project will install a traffic signal at this intersection, which is currently a four-way stop. The LRT tracks would cross both Sunol and Auzerais in proximity to the intersection. Therefore, no traffic movements would proceed with light rail. It is not anticipated that the light rail operations would create a significant impact in terms of queuing. The LRT would be running at 56 km/hr (35 mph) at this gated intersection.⁵

3.3 FSSC premises

FSSC operates a wholesale flooring supply business. Its facilities consist of several buildings, including a warehouse and two paved areas utilized by its own vehicles and those of suppliers and customers. The "delivery area" has one wide driveway north of the proposed gates and presignal on Sunol. This area is used primarily by large trucks making deliveries to or taking materials from FSSC. The configuration of the delivery area is not at issue in this proceeding.

The "will call lot" is used, as its designation implies, primarily (but not exclusively) for pick-ups of materials by customers or transport services, such as UPS. Smaller vehicles making deliveries may also use this lot. Some FSSC service vehicles, such as forklifts, also operate in this area, bringing materials from the FSSC warehouse to customers' vehicles. The will call lot has two driveways: one on Auzerais and one on Sunol. The Sunol driveway to FSSC's will call lot is between the crossing gates and the tracks. Historically, customers have used both driveways to drive both in and out of the will call area.

As part of the Vasona Project, SCVTA surveyed its right-of-way and discovered that the FSSC will call lot had been encroaching on the right-of-way. SCVTA has put up fences at the boundary of the right-of-way, reducing the width of the Auzerais driveway to about 17 feet. The minimum safe width for a driveway with two-way truck traffic is 20 feet; a width of 28 feet is sometimes recommended.

3.4 Rail corridor

SCVTA owns the entire corridor. The track used by Union Pacific Railroad Company (UPRR) freight trains is roughly in the middle of the right-of-way. UPRR runs approximately three freight trains per week, at speeds of up to 15 miles per hour (mph).

SCVTA intends to build the track for the Vasona Project on the north side of the corridor, with the centerline of the track approximately five feet from the northern boundary of the right-of-way. When revenue service begins in 2006, SCVTA intends to run light rail vehicles (LRVs) at least once every 15 minutes in each direction, with a speed limit of 50 mph. SCVTA may in the future add a second track for its LRVs. Although there are no current plans for this, it is likely that a second light rail track would be placed approximately where the freight track now is; the freight track would be relocated to the far southerly side of the corridor.

3.5 Traffic

The principal safety concerns at these crossings are queuing - vehicles waiting to traverse the intersection or continue along one of the streets away from the intersection forming a line that extends close to or onto the tracks - and turning movements to and from the FSSC driveways - vehicles exiting the driveways into the path of a train or stopping traffic (again queuing) while attempting to make left turns into or out of FSSC's premises.

The potential for queuing arises because there is approximately 90 feet of clear storage space for vehicles on southbound Sunol between the intersection and the trackway, and approximately 105 feet on eastbound Auzerais between the intersection and the trackway. These distances allow only a small number of vehicles to be stored safely.⁶ The current pattern of traffic in the vicinity, including trucks of all sizes, from large semi-tractor trailers to pick-ups, coming into and out of FSSC, as well as possible changes in future traffic patterns, make this a significant issue.

Problems with vehicles exiting into the path of a train arise for the Sunol driveway because it is located between the tracks and the Standard No. 9 warning device. On Auzerais, in the absence of a gate, vehicles attempting a left turn out of the FSSC facility onto eastbound Auzerais have a clear path over the tracks. Although the driveway to the delivery area does not in itself create such problems, if a vehicle attempting a left turn into this driveway from northbound Sunol is delayed by southbound traffic, traffic behind the turning vehicle could queue onto the tracks without a chance to clear before a rail movement.

The issue of queuing at the Sunol/Auzerais intersection and crossings did not receive much attention in studies related to the Vasona Project. This intersection was not among the 62 "study intersections" analyzed in the EIR. A traffic operations study produced in February 2000, not used in the EIR, was based on a regional traffic forecast model using 1990 data and the assumption that the low-density industrial character of the area would continue. This study projected that in 2015 the level of service at the Sunol/Auzerais intersection would be acceptable, even with delays caused by traffic halts for LRVs to pass. A count of traffic into and out of the FSSC facilities, performed in late October and early November 2001, found that approximately 120 vehicles (autos, pick-up trucks, single unit trucks, and combination trucks) per day used the FSSC facilities, but did not examine queuing issues.

Direct observation of the intersection and crossings has identified the occurrence of queuing problems. John Van Hoff, SCVTA's witness at the evidentiary hearing, reported that at site visits in spring 2000, personnel of SCVTA, the Commission, and the City noted that queues from the Sunol/Auzerais intersection occurred onto and sometimes past the grade crossings. Daniel Smith, FSSC's witness, noted in more recent observations that some traffic queues extended into the trackway at the crossings.

3.6 Land Use

The low-density industrial and industrial-related character of the area is changing. The site of a former Del Monte cannery at the northeast corner of the intersection is proposed for development of 400 new residential units. South of the intersection, on Sunol, the site of the current Reed and Graham aggregate operation is being considered as the site of a mixed-use office and residential project that could include up to 675,000 square feet of office space and more than 600 new residential units. The City is revising its general plan to allow high density residential, mixed-use, office, and public open space projects in the nearby area. Any of these plans, if implemented, could increase pedestrian and bicycle traffic in the area and could increase vehicle traffic, both in the near future and beyond what was originally forecast for 2015, on Auzerais and Sunol in the immediate vicinity of the crossings.

3.7 SCVTA's Revised Plan

SCVTA has proposed alterations to its original plan. Originally made as a settlement offer to FSSC, these revisions have been developed further for the record in this proceeding.⁷ An engineered plan is attached as Appendix B. The fundamental features of the plan are the retention of the originally proposed crossing configuration, with the maintenance of the Sunol driveway as the exclusive entrance to FSSC's will call lot and the Auzerais driveway as the exclusive exit. In order to avoid problems of trucks blocking the tracks and potential queuing issues on Sunol, entry would be restricted to right turns from southbound Sunol; left turns into the driveway from northbound Sunol would be prohibited. Left turns into the delivery area, used primarily by large trucks, would also be prohibited. Exit on Auzerais would be allowed in either direction, with the proposed gate across the driveway being replaced by a three-quadrant gate. The three-quadrant design includes an "exit" gate on the westbound exit from the crossing, which will descend a predetermined amount of time after the entrance gates descend, to allow any vehicles in the crossing to exit the track area. This exit gate will prevent left turns from the Auzerais driveway onto eastbound Auzerais (and onto the tracks) when a train is approaching. Traffic signs to effectuate this configuration are shown on the plan in Appendix B.⁸

In addition, SCVTA proposes certain signs, striping, and other small alterations on FSSC's property. SCVTA proposes to take easements from FSSC to allow it to install and maintain these alterations, as depicted on the plan in Appendix B.⁹ SCVTA includes as part of its proposal the installation of a set of traffic control tire spikes to be placed in the will call lot near the Sunol driveway, to keep drivers from ignoring the signs and driving out onto Sunol.

¹ SCVTA's revised project proposal is set out in § 3.7, below. ² It is standard practice to check signal function and make adjustments to the timing of intervals after the signals are in operation. SCVTA intends to monitor the signals and make any needed adjustments. ³ Standards for crossing protection are set forth in General Order (GO) 75-C. ⁴ This document also served as the Final Environmental Impact Statement under the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq. Because NEPA is not relevant to our decision, we refer to this document as the "EIR." ⁵ On February 10, 2004, FSSC filed a motion requesting that the Commission, as a responsible agency, undertake the preparation of a subsequent or supplemental EIR. See Pub. Res. Code § 21166; CEQA Guidelines §§ 15052, 15162, 15163. (The CEQA Guidelines are found at 14 Cal. Code Regs. § 15000 et seq.)

SCVTA filed an opposition to FSSC's motion on March 11, 2004; FSSC filed a reply on March 24, 2004. FSSC's motion is discussed in § 4.2, below.

⁶ For example, one semi tractor-trailer truck and one auto, or four autos, could store on Auzerais. One semi tractor-trailer truck, or three autos, could store on Sunol. ⁷ This proposal was originally submitted as an attachment to SCVTA's Post-Hearing Opening Brief (March 22, 2004). It was reviewed at the site visit made by the ALJ with Commission staff, counsel for the parties, and SCVTA staff on April 1, 2004. The ALJ reopened the record on June 9, 2004 to request that SCVTA make some additions and revisions to the proposal and provide related information. SCVTA submitted the revised proposal and additional information on June 30, 2004. FSSC commented on the proposal and submitted additional information in filings dated July 15 and July 22, 2004; SCVTA filed a reply on July 29, 2004. ⁸ These include "no left turn" signs on northbound Sunol before the warning devices and before the entrance to the delivery area driveway; "do not enter" and "no right turn" signs in front of the Auzerais driveway; and a "no left turn" sign across from the Auzerais driveway facing eastbound traffic on Auzerais. ⁹ These include a striped "keep clear" area in the will call lot immediately adjacent to the Sunol driveway and "wrong way" signs to be posted in the will call lot before the driveway.