8. Comments on Proposed Decision
The proposed decision of the Administrative Law Judge was mailed to the parties in accordance with Pub. Util. Code § 311(d) and Rule 77.1 of the Rules of Practice and Procedure. The City and RCES filed comments, and the City filed reply comments. RCES re-argued its position that the Commission should not apply the Blue Line standards to this crossing but rather should apply the statutory test of "impracticability" found in § 1202. This issue was resolved by the assigned Commissioner in the scoping memo, after all parties agreed at the PHC that the Blue Line factors should be used. RCES argued that the City had failed to meet its burden of proving that all potential safety hazards had been eliminated at the intersection, and had only shown that such hazards had been reduced. As set out above, we are satisfied that the City has engaged in a comprehensive effort to identify, assess, and address all known hazards.
RCES also contended that its evidence of poor sight lines at the crossing supported was not addressed. RCES' testimony did not include an analysis of the sight lines at the intersection but stated generally that the existing and planned buildings, including the Ballpark, would impair motorists' ability to see trains entering the intersection, as well as train operators to see vehicles. The City witness, a trolley operator familiar with the intersection, testified that the Ballpark replaced a building that was closer to the tracks and thus improved sight lines at the intersection, and that overall the sight lines were safe and adequate. The City also offered into evidence photographs of the intersection, supporting its conclusion of adequate sight lines.
The City took issue with our 10-year limitation on this authorization, and contended that city planners and developers needed greater certainty for making investment decisions and that the prospect of another lengthy, contentious, and expensive hearing process undermined these investment decisions. To provide additional certainty, we will extend the duration of this authority to 12 years. We draw the City's attention to the many steps it can take to reduce the duration, cost, and contentiousness of future applications. Most prominent among these steps is establishing a close and cooperative working relationship with our staff. An application in which staff concurs with the result will likely be processed quickly and efficiently. We caution our staff as well that, absent significantly changed circumstances, we will not revisit conclusions made in today's decision. As stated above, our goal is to encourage a long-term, cooperative, corridor approach to enhanced safety at crossings in San Diego.
1. Due to residential and commercial development, including a new San Diego Padres Baseball Park, the City is making significant changes in its street system. The City requested Commission authorization to close the existing Eighth Avenue/Harbor Drive at-grade rail crossing and to construct an at-grade crossing near the intersection of new Park Boulevard and Harbor Drive.
2. The parties stipulated to the rail traffic through the proposed crossing.
3. The proposed Park Boulevard crossing will cross three light rail or trolley tracks and three heavy rail tracks.
4. The proposed crossing will be one of seven at-grade crossings in San Diego between the BNSF rail yard and the Santa Fe station.
5. Park Boulevard will cross the six rail tracks and intersect Harbor Drive. The distance from the southernmost track and Harbor Boulevard is about 120 feet on the east side of the intersection. Four southbound lanes on Park Boulevard pass over the rail tracks and into the intersection with Harbor Drive. One lane turns left, one right, one straight through to the convention center, and one is a combined right turn and straight through lane. Two northbound lanes from the Harbor Drive intersection cross the tracks and proceed north on Park Boulevard.
6. The City proposed to locate two presignal stoplights before the rail crossing to stop traffic. The stoplight at Harbor Drive will be coordinated with the presignals to ensure that any traffic queued on the tracks has ample time to clear before the arrival of the train.
7. The City proposed to install four quadrant gates and a vehicle detection system at the crossing, and to install raised medians with barrier hedges and fences. The four quadrant gates will enhance safety of the crossing.
8. The City proposed several safety measures to protect pedestrians using the crossing, including a pedestrian bridge over the tracks and Harbor Drive.
9. For major events at the Ballpark, including Padres games, the City is required as an environmental mitigation measure to develop, implement, and revise as needed, an Event Transportation Management Plan, which provides that southbound Park Boulevard will be closed before, during, and after events, and that traffic control officers will be stationed throughout the area of the Ballpark.
10. There is a public need for the proposed crossing.
11. Local community and emergency authorities concur in constructing an at-grade crossing on Park Boulevard.
12. The general public and those who will be affected by an at-grade crossing support an at-grade crossing.
13. A grade-separated structure would cost about $30 million more than an at-grade crossing and would block views to the bay. Such a structure is financially infeasible and aesthetically undesirable.
14. RCES recommended grade separating or closing this crossing.
15. The hazard index presented by RCES is calculated by multiplying the average daily vehicle count by the average daily train count and a "protection factor" based on the safety devices at the crossing, and dividing the result by 1,000. Average daily vehicle count is the only variable among the four San Diego crossings for which RCES calculated a hazard index.
16. The U.S. Department of Transportation's accident prediction formula takes into account the vehicular and train traffic, as well as number of tracks, highway lanes, and safety features. Average daily vehicular traffic and traffic lanes were the only variables among the four San Diego crossings to which RCES applied the accident prediction formula.
17. The City presented a comprehensive analysis of all safety hazards at this crossing, including specific measures to be address each hazard.
18. The sight lines at the proposed Park Boulevard crossing are safe and adequate.
19. The City proposes to locate the presignals at an intersection and on the crossing gates, locations where drivers would reasonably expect to find a stoplight.
20. Most major league baseball games occur at night or on weekends. Closing the crossing to accommodate baseball games will not frequently impact business week traffic.
21. BNSF protested the City's application but withdrew its protest when the City amended the application to include, among other things, four quadrant gates and a pedestrian overpass.
22. Granting the City's requests to close the Eighth Avenue crossing and open the Park Boulevard crossing will not increase the total number of at-grade crossings in San Diego.
23. The City of San Diego Redevelopment Agency is the lead agency under CEQA.
24. For the Centre City Redevelopment Project the City prepared a Final Master Environmental Impact Report and a Final Subsequent Environmental Impact Report.
25. The City prepared a Secondary Study to assess potential environmental impacts for the Eighth Avenue and Harbor Drive crossing modification. The Study included evaluation of a number of project alternatives including the Park Boulevard crossing.
26. The City determined that the proposed crossing modification would not have any significant environmental impacts beyond those previously identified in the Final Master Environmental Impact Report and the Final Subsequent Environmental Impact Report.
27. The City did not recommend or adopt environmental mitigation measures for the proposed crossing modification.
28. The City's environmental documents are adequate for our decision-making purposes.
29. The scope of our CEQA authority under this application is limited to the Eighth Avenue and proposed Park Boulevard crossings.
1. The City reasonably concluded that the proposed closure of the Eighth Avenue crossing and construction of the Park Boulevard crossing will have no significant environmental effect and we adopt that finding for purposes of our approval.
2. Presignals will enhance safe operations at the crossing.
3. The City should install four quadrant gates with a vehicle detection system that uses in-pavement loop detectors and presignals as proposed.
4. The unique facts of this crossing overcome the presumption against an at-grade crossing.
5. Prior to construction the City should file and serve a compliance filing showing specific construction details of all safety features in the Park Boulevard, and should meet and confer with RCES in preparing such filing.
6. The authorization for this at-grade crossing should be limited to 12 years, and the City should file an application as specified above.
7. The City should implement a corridor approach to safety enhancement, and the City should file an application as specified above.
8. This application should be approved with conditions.
ORDER
Therefore, IT IS ORDERED that:
1. The application of the City of San Diego (City) to permanently close the at-grade crossing at Eighth Avenue and Harbor Drive, PUC Crossing Number 2-268.79, and to construct, operated, monitor, and repair an at-grade crossing at Park Boulevard and Harbor Drive, also PUC Crossing Number 2-268.79, is granted, as conditioned by this order.
2. The Park Boulevard crossing shall be fitted with four quadrant gates including a vehicle detection systems as specified in General Order 75-C and the Commission's Resolution SX-41, Guidelines for the Use of Four Quadrant Gates.
3. The Park Boulevard crossing shall include interconnected traffic signals and presignals at nearby intersections, which shall be preempted by the railroad warning devices. The City shall submit its plans for approval by Staff pursuant to General Order 88.
4. The Park Boulevard crossing shall also include a pedestrian overpass and an Events Management Plan to accommodate events at the new ballpark.
5. Traffic signals heads and railroad flashing lights will be aligned in order that both will be visible to vehicular traffic. Any landscaping will be properly maintained so as not to impede the visibility of the railroad signal lights. Landscaping that would prohibit the visibility of the lights will be removed.
6. The City shall develop a regular maintenance schedule for all the safety devices at this crossing in coordination with the railroads, the transit agency and the Rail Crossing Engineering Section of the Rail Safety and Carriers Division (RCES).
7. The City shall meet and confer with RCES regarding the specific details for all safety systems to be installed at this crossing. All features for this crossing shall be in accordance with Commission General Orders, such as 26-D and 118.
8. No later than 45 days prior to construction of the safety features, the City shall file and serve a compliance filing setting out the details of each safety feature.
9. The City and RCES shall confer and cooperate in proposing, evaluating, and implementing long-term safety enhancements to the rail corridor in San Diego.
10. The authority for an at-grade crossing near the Park Boulevard/Harbor Drive intersection shall expire 12 years from the effective date of this order. No later than one year prior to expiration of this authority, the City shall file an application as set out in the text of this decision.
11. Application 01-09-012 is closed.
This order is effective today.
Dated _____________________, at San Francisco, California.
