5. Comments on Proposed Decision
The proposed decision of the Administrative Law Judge in this matter was mailed to the parties in accordance with Section 311(d) of the Public Utilities Code and Rule 77.7 of the Rules of Practice and Procedure. Comments were filed on _____, and reply comments were filed on _____.
Assignment of Proceeding
Carl W. Wood is the Assigned Commissioner and Anne E. Simon is the Assigned Administrative Law Judge.
1. The at-grade crossing of Sunol Street by tracks of SCVTA and UPRR is identified as PUC Crossing No. 82D-4.1.
2. The at-grade crossing of Auzerais Avenue by tracks of SCVTA and UPRR is identified as PUC Crossing No. 82D-4.2.
3. SCVTA owns the entire right-of-way in the vicinity of the Sunol and Auzerais crossings.
4. UPRR currently runs three freight trains per week, at maximum speeds of 15 mph, through the crossings at Sunol and Auzerais.
5. SCVTA intends to run LRVs at intervals of at least 15 minutes in each direction through the crossings at Sunol and Auzerais, at maximum speeds of 50 mph.
6. Approximately 120 motor vehicles of customers and suppliers enter and exit FSSC's premises each working day. The vehicles use the delivery area driveway on Sunol, north of the crossing on Sunol; the will call driveway on Auzerais, just west of the crossing on Auzerais; and the will call driveway on Sunol, just west of the trackway on Sunol.
7. As part of the Vasona Project, SCVTA surveyed its right-of-way.
8. Adjustment of the right-of-way line for the Sunol/Auzerais crossing area resulted in a width of 17 feet for the Auzerais driveway at FSSC.
9. The minimum safe width for a driveway with two-way truck traffic is 20 feet.
10. Vehicular traffic sometimes queues onto the tracks at the Sunol and Auzerais crossings.
11. Planning for land use in the area of the crossings projects increased residential and other non-industrial uses of property in the vicinity of the crossings.
12. SCVTA's proposed design for the crossing warning devices, related traffic signals and signs, and signs on FSSC property set out in Appendix B, will, with certain modifications, provide an adequate degree of safety at the Sunol and Auzerais crossings.
13. Modifications to SCVTA's proposed design set out in Appendix B necessary for safe operation at the crossings are:
a. Elimination of the proposed traffic control tire spikes;
b. Addition of signs on the Sunol building of FSSC indicating Entrance, No Left Turn;
c. Addition of thermoplastic arrows in the FSSC will call lot indicating the one-way direction of travel;
d. Addition of flashers directed to the Sunol entrance to the will call lot on the Standard No. 9 for southbound Sunol traffic;
e. Addition of signs on the FSSC building closest to the Auzerais driveway indicating Exit Only;
f. Addition of vehicle detection technology in the Auzerais crossing.
14. A speed limit of 35 mph for LRVs approaching and traveling though the crossings will improve operators' ability to see and react to problems at the crossings and will enhance safety.
15. SCVTA is the lead agency for the Project under CEQA and NEPA.
16. The Commission is a responsible agency for the Project under CEQA.
17. The Commission reviewed and considered SCVTA's environmental documentation.
1. The application should be granted as set forth in the following order.
2. FSSC's motion for supplemental environmental review should be denied.
3. In order to allow construction to proceed expeditiously, this order should be effective immediately.
IT IS ORDERED that:
1. The Motion Requesting Supplemental Environmental Review by California Public Utilities Commission, filed by Floor Service Supply Company (FSSC) on February 10, 2004, is denied.
2. The Santa Clara Valley Transportation Authority (SCVTA) is authorized to construct crossing warning devices as described in this Order at the at-grade crossings identified as PUC Crossing No. 82D-4.1 at Sunol Street and PUC Crossing No. 82D-4.2 at Auzerais Avenue in the City of San Jose, County of Santa Clara.
3. SCVTA is authorized to undertake the work shown on the plan in Appendix B, as modified by:
· Elimination of the proposed traffic control tire spikes;
· Addition of signs on the Sunol building of FSSC indicating Entrance, No Left Turn;
· Addition of thermoplastic arrows in the FSSC will call lot indicating the one-way direction of travel;
· Addition of flashers directed to the Sunol entrance to the will call lot to be mounted on the Standard No. 9 for southbound Sunol traffic;
· Addition of signs on the FSSC building closest to the Auzerais driveway indicating Exit Only;
· Addition of vehicle detection technology at the Auzerais crossing;
4. The work shall conform to the design details set forth in Appendix C.
5. SCVTA shall, one month prior to the beginning of revenue service on the Vasona Project and for the first two months of revenue service, prepare, print, and deliver to FSSC flyers in appropriate languages explaining the configuration authorized by this order and the dangers of ignoring or violating the traffic signs.
6. Installation of traffic signs on the streets and signs, striping, and any other miscellaneous safety apparatus on the premises of FSSC as described in Appendix B, Appendix C, and paragraphs 3 and 4 of this Order are conditions of this authorization.
7. Staff shall monitor compliance with no-left-turn restrictions.
8. SCVTA shall institute and enforce a speed limit of 35 mph for light rail vehicles approaching and traveling through the Sunol and Auzerais crossings.
9. SCVTA shall comply with all relevant requirements of the Commission's General Orders and the Manual of Uniform Traffic Control Devices published by the Federal Highway Administration, United States Department of Transportation.
10. Within 30 days after completion of the work at the crossings and on public streets or other public property under this order, SCVTA 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.
11. Within 30 days after the completion of the work identified to be on the property of FSSC, SCVTA shall notify in writing the Executive Director, RCES, and FSSC.
12. All work required by this authorization shall be completed before revenue service begins on the Vasona Project.
13. This authorization shall expire if not exercised within two years unless the time is extended.
14. This authorization shall expire if the above conditions are not complied with.
15. This authorization may be revoked or modified if public convenience, necessity, or safety so require.
16. This application is granted as set forth above.
17. Application 02-01-031 is closed.
This order is effective today.
Dated , at San Francisco, California.
Appendix A
Appendix B
Appendix C
Appendix C
Specific Design Details
Sunol Street Crossing
1. Warning devices shall consist of two Standard No. 9s (flashing light signals with automatic gates) as described in GO 75-C. An extra set of flashing lights shall be mounted on the Standard No. 9 located in the northwest quadrant. The extra set of flashers shall be pointed towards the adjacent driveway to provide warning to motorists inadvertently attempting to exit the "enter only" driveway.
2. The initial 15 feet of the adjacent driveway shall be designated a "keep clear" area, marked with thermoplastic "Keep Clear" text and cross hatching. Additionally, thermoplastic arrows will be located at the entrance of the FSSC will call lot indicating the one-way direction of travel.
3. A traffic signal shall be installed for southbound traffic on Sunol Street acting as a "presignal," to prevent vehicles from entering the crossing prior to the preemption clear-out traffic phase.
4. High visibility signs shall be placed on the FSSC building on Sunol, (located in the northwest quadrant of the Sunol crossing) indicating "Entrance" and "No Left Turn" (or similar wording).
5. The centerline of Sunol Street shall be marked with "Double-Double" yellow striping to prohibit left turns from northbound Sunol Street into both the will call and delivery driveways of the FSSC facility. Commission staff shall monitor compliance with no left turns in this vicinity.
Specific Design Details
Auzerais Avenue Crossing
1. The warning devices at Auzerais Avenue shall consist of three Standard No. 9s, two placed on the western and eastern approaches to the crossing and the third mounted as an exit gate for westbound traffic on Auzerais Avenue, for a three-quad gate arrangement. Vehicle detection for westbound traffic shall be provided to guard against vehicles being trapped behind the exit gate.
2. High visibility signs shall be placed on the FSSC building closest to the Auzerais driveway indicating "Exit Only" (or similar wording).
3. Thermoplastic arrows shall be placed on the pavement in the FSSC will call lot indicating the one-way (Exit Only) direction of travel.
