Discussion

CalTrans is the lead agency for this project under the California Environmental Quality Act of 1970 (CEQA), as amended, Public Resources Code Sections 21000, et seq. After preparation and review of the Initial Study and Negative Declaration, CalTrans on June 19, 1996 filed a Notice of Availability of Finding of No Significant Impact with the State Clearinghouse. CalTrans concluded that the project will not have a significant effect on the environment.

The Commission is a responsible agency for this project under CEQA and has reviewed and considered the lead agency's Initial Study and Notice of Determination. The site of the project has been inspected by the Commission's RSCD-Rail Crossings Engineering Section staff. Staff examined the need for and the safety of the proposed grade crossing and related railroad construction and after CalTrans' agreement with RSCD's proposed crossing equipment, RSCD recommends that the application be approved.

The application is in compliance with the Commission's filing requirements, including Rule 38 of the Rules of Practice and Procedure, which relates to the construction of a public road, highway, or street across a railroad. A site map of the grade crossing is as shown on plans attached to the application as Appendix A.

In Resolution ALJ 176-3048, dated October 5, 2000 and published on the Commission Daily Calendar on October 6, 2000, the Commission preliminarily categorized this application as ratesetting, and preliminarily determined that hearings were not necessary. Since no hearings were held, this preliminary determination remains accurate. The parties have resolved all protests. Given these developments, public hearing is not necessary, and it is not necessary to disturb the preliminary determinations made in Resolution ALJ 176-3048.