Richard Clark is the assigned Examiner in this proceeding.
Findings of Fact
1. The Commission published Notices of A.03-09-012, A.03-09-021, and A.03-09-028, respectively, in the Commission Daily Calendar on September 10, 2003; September 15, 2003; and September 19, 2003. There are no unresolved matters or protests; a public hearing is not necessary.
2. MTA requests authority, under Public Utilities Code Sections 1201-1205, to construct, as part of MTA's ELRL project, the proposed two-track at-grade pedestrian-rail crossing at Marianna Avenue and the proposed two-track at-grade highway rail crossings across Eastern Avenue, Ford Boulevard, McDonnell Avenue, Arizona Avenue, Mednik Avenue, Civic Center Way, La Verne Avenue, County Sheriff's Station Driveway, and the intersection of Woods Avenue, Via Corona, and Beverly Boulevard in an unincorporated area of County.
3. Public convenience and necessity require construction of the proposed at-grade pedestrian-rail crossing and the nine proposed at-grade highway-rail crossings of MTA's ELRL tracks.
4. Public safety requires, at the proposed at-grade pedestrian-rail crossing and each of the nine proposed at-grade highway-rail crossings, the installation of traffic signals for motorists and pedestrians and dedicated train signals (lunar white bar indications) for the train operators. To further enhance safety on the ELRL, the proposed at-grade pedestrian-rail crossing at Marianna Avenue and the proposed highway-rail crossing across Eastern Avenue will have train-actuated light emitting diode warning signs; the proposed at-grade highway-rail crossings across Ford Boulevard, McDonnell Avenue, Arizona Avenue, Mednik Avenue, Civic Center Way, La Verne Avenue, County Sheriff's Station Driveway, and the intersection of Woods Avenue, Via Corona, and Beverly Boulevard will have train-actuated fiber-optic or light emitting diode warning signs to give warning of approaching trains to motor vehicle operators and pedestrians. For intersections within its jurisdiction, County will coordinate traffic signals to the extent possible to provide priority to train traffic.
5. MTA is the lead agency for this project under CEQA, as amended.
6. In approving the project on February 28, 2002, the MTA Board of Directors adopted the Final SEIS/SEIR for the Los Angeles Eastside Corridor (SCH No. 1999081061) and found that "The project will have a significant effect on the environment." Mitigation measures were made a condition of the approval of the project. Findings were made pursuant to the provisions of CEQA. An SOC was adopted for this project.
7. The Commission is a responsible agency for this project and has reviewed and considered the lead agency's Final SEIS/SEIR, NOD, and the SOC. We find these documents to be adequate for our decision-making purposes.
8. Safety, transportation, and noise are within the scope of the Commission's permitting process.
9. For the approved project, the lead agency identified environmental impacts related to safety, transportation, and noise.
Conclusions of Law
1. With respect to significant impacts from safety, transportation, and noise, we find that the lead agency adopted feasible mitigation measures where possible to substantially lessen the environmental impacts to a less-than-significant level. We adopt these mitigation measures for purposes of our approval. With respect to the significant and unavoidable environmental impacts, we find that MTA enumerated several significant benefits to justify project approval. Therefore, we also adopt the SOC for purposes of our approval.
2. A.03-09-012, A.03-09-021, and A.03-09-028 may be consolidated and granted as set forth in the following order.
IT IS ORDERED that:
1. The Commission authorizes Los Angeles County Metropolitan Transportation Authority (MTA) to construct the proposed two-track at-grade pedestrian-rail crossing at Marianna Avenue and the nine proposed two-track at-grade highway-rail crossings across Eastern Avenue, Ford Boulevard, McDonnell Avenue, Arizona Avenue, Mednik Avenue, Civic Center Way, La Verne Avenue, County Sheriff's Station Driveway, and the intersection of Woods Avenue, Via Corona, and Beverly Boulevard, of MTA's Eastside Corridor Light Rail Transit Line (ELRL), in an unincorporated area of the County of Los Angeles (County), at the locations and substantially as described in and as shown by plans attached to consolidated Application (A.) 03-09-012, A.03-09-021, and A.03-09-028; as described in Appendix A attached to this order; and as shown by plans in Appendix B attached to this order.
2. MTA, in cooperation with County, shall ensure, at the proposed at-grade pedestrian-rail crossing and each of the nine proposed at-grade highway-rail crossings, the installation of traffic signals for motorists and pedestrians and dedicated train signals (lunar white bar indications) for train operators. To further enhance safety on the ELRL, MTA, at the proposed at-grade pedestrian-rail crossing at Marianna Avenue and the proposed at-grade highway-rail crossing across Eastern Avenue, shall install train-actuated light emitting diode warning signs, and, at the proposed at-grade highway-rail crossings across Ford Boulevard, McDonnell Avenue, Arizona Avenue, Mednik Avenue, Civic Center Way, La Verne Avenue, County Sheriff's Station Driveway, and the intersection of Woods Avenue, Via Corona, and Beverly Boulevard, shall install train-actuated fiber-optic or light emitting diode warning signs to give motorists and pedestrians warning of approaching trains. For intersections within its jurisdiction, County shall coordinate traffic signals to the extent possible to provide priority to train traffic.
3. Clearances and walkways shall conform to all applicable Commission General Orders.
4. MTA and County (parties) shall bear construction and maintenance costs in accordance with an agreement into which the parties have entered. Should the parties fail to agree, the Commission shall apportion the costs of construction and maintenance by further order.
5. Within 30 days after completion of the work under this order, MTA shall notify the Rail Crossings Engineering Section in writing, by submitting a completed standard Commission Form G (Report of Changes at Highway Grade Crossings and Separations), of the completion of the authorized work.
6. This authorization shall expire if not exercised within two years unless the Commission extends the time or if the parties do not comply with the above conditions. The Commission may revoke or modify authorization if public convenience, necessity or safety so require.
7. The Commission grants consolidated A.03-09-012, A.03-09-021, and A.03-09-028 as set forth above.
8. Consolidated A.03-09-012, A.03-09-021, and A.03-09-028 are closed.
This order becomes effective 30 days from today.
Dated March 16, 2004, at San Francisco, California.
MICHAEL R. PEEVEY
President
CARL W. WOOD
LORETTA M. LYNCH
GEOFFREY F. BROWN
SUSAN P. KENNEDY
Commissioners
A P P E N D I X A
As part of the project to construct the Eastside Corridor Light Rail Transit Line (ELRL), the Los Angeles County Metropolitan Transportation Authority (MTA) proposes to construct a two-track at-grade pedestrian-rail crossing at Marianna Avenue and nine two-track at-grade highway-rail crossings across Eastern Avenue, Ford Boulevard, McDonnell Avenue, Arizona Avenue, Mednik Avenue, Civic Center Way, La Verne Avenue, County Sheriff's Station Driveway, and the intersection of Woods Avenue, Via Corona, and Beverly Boulevard in an unincorporated area of the County of Los Angeles (County). Consolidated Application (A.) 03-09-012, A.03-09-021, and A.03-09-028 indicate the full details of the proposed at-grade pedestrian-rail crossing and the nine proposed at-grade highway-rail crossings and more particularly as set forth below:
At-grade Crossing CPUC Crossing No. Application No.
Marianna Avenue 84E-4.55-D A.03-09-028
Eastern Avenue 84E-4.65 A.03-09-028
Ford Boulevard 84E-4.92 A.03-09-012
McDonnell Avenue 84E-5.05 A.03-09-012
Arizona Avenue 84E-5.23 A.03-09-012
Mednik Avenue 84E-5.33 A.03-09-021
Civic Center Way 84E-5.44 A.03-09-021
La Verne Avenue 84E-5.53 A.03-09-021
County Sheriff's Station Driveway 84E-5.59 A.03-09-021
Woods Avenue, Via Corona, 84E-5.69 A.03-09-021
and Beverly Boulevard intersection
Note: MTA, in cooperation with County, shall ensure, at the proposed at-grade pedestrian-rail crossing and each of the nine proposed at-grade highway-rail crossings, the installation of traffic signals for motorists and pedestrians and dedicated train signals (lunar white bar indications) for train operators. To further enhance safety on the ELRL, MTA, at the proposed at-grade pedestrian-rail crossing at Marianna Avenue and the proposed at-grade highway-rail crossing across Eastern Avenue, shall install train-actuated light emitting diode warning signs, and, at the proposed at-grade highway-rail crossings across Ford Boulevard, McDonnell Avenue, Arizona Avenue, Mednik Avenue, Civic Center Way, La Verne Avenue, County Sheriff's Station Drive, and the intersection of Woods Avenue, Via Corona, and Beverly Boulevard, shall install train-actuated fiber-optic or light emitting diode warning signs to give motorists and pedestrians warning of approaching trains. For intersections within its jurisdiction, County shall coordinate traffic signals to the extent possible to provide priority to train traffic.
A P P E N D I X B
PLANS
A P P E N D I X C
ENVIRONMENTAL DOCUMENTS