Findings of Fact

1. Notice of the application was published in the Commission Daily Calendar on December 24, 2001. There are no unresolved matters or protests; a public hearing is not necessary.

2. SCRRA requests authority, under Public Utilities Code Sections 1201-1205, to construct a permanent pedestrian underpass at separated grades and City requests authority to construct a temporary at-grade pedestrian crossing at the Montclair Transcenter located on SCRRA's San Gabriel Subdivision in Montclair, San Bernardino County.

3. The construction of permanent grade-separated pedestrian underpass, the temporary at-grade pedestrian crossing, and new south-side station platform and an extension to the north-side station platform at the Montclair Transcenter is necessary to improve Los Angeles - San Bernardino Metrolink service.

4. Public convenience, necessity and safety require construction of the proposed permanent pedestrian underpass at separated grades. Public convenience and necessity require construction of the proposed temporary at-grade pedestrian crossing.

5. Upon completion of the permanent pedestrian underpass at separated grades and its opening to pedestrians, or upon the expiration date of our authorization as stated in our order, whichever occurs first, the proposed temporary at-grade pedestrian crossing will be closed.

6. Public safety requires that protection at the temporary at-grade pedestrian crossing be two Standard No. 1-D Pedestrian And Bicycle Railroad Grade Crossing Signs, as specified in GO 75-C.

7. City is the lead agency for this project under CEQA, as amended.

8. SCRRA filed on September 18, 1991, a Notice of Exemption exempting the construction and operation of a commuter rail system from CEQA review as a Statutory Exemption under Public Resources Code Section 21080(b)(11) and CEQA Guideline Section 15275(a).

9. The Commission is a responsible agency for this project, and has reviewed and considered the lead agency's Statutory Exemption determination.

Conclusions of Law

1. We believe SCRRA reasonably concluded that Public Resources Code Section 21080(b)(11) and CEQA Guideline Section 15275(a) exempt this project from CEQA, and we adopt SCRRA's determination of exemption for purposes of our approval.

2. The application should be granted as set forth in the following order.

ORDER

IT IS ORDERED that:

1. Southern California Regional Rail Authority (SCRRA) is authorized to construct a permanent pedestrian underpass at separated grades and City of Montclair (City) is authorized to construct a temporary at-grade pedestrian crossing at the Montclair Transcenter located on SCRRA's San Gabriel Subdivision in Montclair, San Bernardino County, at the locations and substantially as shown by plans attached to the Application and Appendix B of this order, identified as Crossings 101SG-34.33 and 101SG-34.31, respectively.

2. Upon completion of the permanent pedestrian underpass at separated grades and its opening to pedestrians, or upon the expiration date of this authorization, whichever occurs first, the proposed temporary at-grade pedestrian crossing shall be closed and physically removed.

3. Protection at the proposed temporary at-grade pedestrian crossing shall be two Standard No. 1-D Pedestrian And Bicycle Railroad Grade Crossing Signs, as specified in General Order (GO) 75-C.

4. Clearances shall be in accordance with GO 26-D. Walkways shall conform to GO 118.

5. Construction and maintenance costs shall be borne in accordance with an agreement to be entered into between the parties. A copy of the agreement, together with plans approved by SCRRA, shall be filed with the Commission prior to commencing construction. Should the parties fail to agree, the Commission will apportion the costs of construction and maintenance by further order.

6. Within 30 days after completion of the work under this order, SCRRA and City shall notify the Commission in writing that the authorized work has been completed.

7. This authorization shall expire if not exercised within three years unless time is extended or if the above conditions are not complied with. Authorization may be revoked or modified if public convenience, necessity or safety so require.

8. The application is granted as set forth above.

9. Application 01-12-025 is closed.

This order becomes effective 30 days from today.

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